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HiperStream, Inc. e suas subsidiárias (em conjunto, “HiperStream” ou “Companhia”) valorizam e reconhecem a
importância da privacidade, segurança e proteção das informações de seus clientes e de todos os usuários
cujos Dados Pessoais (conforme definição abaixo) são processados em seus sistemas. Como uma organização
global, a HiperStream tem o máximo cuidado em oferecer a proteção necessária a todas as suas operações e
implementar políticas e procedimentos consistentes e rigorosos.
AGREE WITH ANY OF THEM, DO NOT USE THE WEBSITE.
HiperStream may also change or discontinue any aspect, service or feature of the Website at any time,
including but not limited to, content, availability, and equipment needed for access or use. You are
responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment
needed for access to and use of the Website.
These Terms do not apply to your access to and use of Hiperstream Platform and related services, which are
In order to have access to and participate in certain features of the Website You may be required to
register via an online registration form and create a user account ("Your Account"). We will use the
all information that you provide on the registration form is current, complete and accurate to the best of
Please keep your password confidential and do not share your account with anyone else. You are entirely
responsible for maintaining the confidentiality of your account information, including your password, and
for any and all activity that under your account as a result of your failing to keep this information secure
and confidential. If you believe that your account has been compromised at any time, please notify us via
e-mail to email@example.com.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music,
artwork and computer code ("Our Content"), including but not limited to the design, structure, selection,
coordination, expression, "look and feel" and arrangement of such Content, contained on the Website is
owned, controlled or licensed to HiperStream, and is protected by trade dress, copyright, patent and
trademark laws, as well as other intellectual property rights and competition laws.
copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, transmitted or distributed
in any way, to any other computer, server, website or other medium for publication or distribution or for
any commercial enterprise, without HiperStream prior written consent.
You may display, copy and download Content from the Website solely for your personal and non-commercial use
provided that: (a) you do not remove any copyright or proprietary notice from the Content; (b) such Content
will not be copied or posted on any networked computer or published in any medium; and (c) no modifications
are made to such Content.
You may post text, photographs, videos, or other content ("User Content") on the Website. You can only post
User Content if you own all the rights to that User Content, or if another rights holder has given you
permission. You do not transfer ownership of your User Content simply by posting it. However, by posting
User Content, you grant us an irrevocable, perpetual, non-exclusive right to reproduce, encode, store, copy,
transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of,
exhibit, and otherwise use your User Content, even if you stop using our Website. You agree to indemnify,
release, and hold us harmless from any all liability, claims, actions, loss, harm, damage, injury, cost or
expense arising out of any User Content you post. Keep in mind that if you send us any information, ideas,
suggestions, or other communications to us, those communications will not be confidential. Moreover,
HiperStream reserves the right to reproduce, use, disclose, and distribute such communications without any
obligation to you.
You agree that you will not upload, post or otherwise transmit any User Content that (a) violates the
rights of others, including any User Content that may defame, harass, stalk or threaten others; (b) you know
to be false, misleading or inaccurate; (c) contains expressions of bigotry, racism, xenophobia, hate speech,
vulgarity or profanity; (d) contains or advocates pornography or that is otherwise obscene or lewd; (e)
violates any law or advocates violent behavior; (f) poses a threat to personal or public safety; (g) is
protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the
express permission of the owner of such other proprietary right; (h) does not generally pertain to the
designated topic of any given blog or discussion area within the Website; (i) contains any unsolicited or
unauthorized advertising or promotional material, "junk mail", "spam", "chain letters", "pyramid schemes",
or any other form of solicitation; (j) uses the name or allows identification of a natural person without
such person’s consent; and (k) contains a virus or other harmful or disruptive component.
HiperStream reserves the right to monitor User Content posted in the Website to determine compliance with
posted in the Website at any time and for any reason. HiperStream reserves the right, at its own discretion,
to prevent any person deemed to have violated the rights of others, including intellectual property rights,
from posting any further material on the Website. HiperStream is not responsible for, and does not endorse,
User Content posted by you or any other person. Accordingly, we may not be held liable, directly or
indirectly, for any loss or damaged caused to you or any third party in connection with any such User
Content. You shall be solely liable for any damage resulting from any violation of copyrights, trademarks,
trade secrets, rights of publicity or other proprietary rights or any other harm resulting from User Content
YOUR USE OF THE WEBSITE
comply with all applicable laws and governmental regulations regarding, including, but not limited to, with
regard to intellectual property, data privacy, and export control; (c) upload or post only User Content to
which you own all required rights under law and under contractual and fiduciary relationship, as applicable;
(d) use commercially reasonable efforts to prevent unauthorized access to or use of your account; (e) keep
passwords and all other login information confidential; (f) monitor and control all activity conducted
through your account; and (g) promptly notify HiperStream if you become aware of or reasonably suspect any
illegal or unauthorized activity or a security breach involving your account.
YOU MAY NOT (a) interfere with or disrupt the Website or the servers or networks connected to the Website;
(b) engage in any activity that would constitute a criminal offense or give rise to a civil liability; (c)
impersonate any person or entity or falsely state your affiliation with any person or entity; and (d)
interfere with any other user’s right to privacy, including by harvesting or collecting
personally-identifiable information about users of the Website or posting private information about a third
party; (e) probe, scan or test the vulnerability of the Website or any network connected to the Website, nor
breach the security or authentication measures of the Website or any network connected to the Website; (f)
take any action that imposes a disproportionately large load on the infrastructure of the Website or any
systems or networks connected to the Website; (g) reverse look-up or trace any information on any other user
or visitor of the Website, or any customer of HiperStream, including any account not owned by you, or
exploit the Website or any service or information made available through the Website, with the purpose to
reveal any information, including but not limited to personal information, other than your own information;
(h) use any automatic device to access, acquire, copy or monitor any portion of the Website or any Content,
or in any way circumvent the navigational structure of the Website or any Content to obtain any materials,
documents or information not purposely made available through the Website; (i) attempt to gain unauthorized
access to any portion or feature of the Website, or to any of the services offered through the Website, by
hacking, password "mining" or any other illegitimate means; (j) interfere with the proper working of the
Website or any transaction being conducted on the Website, or with any other person’s use of the Website;
and (k) forge headers or otherwise manipulate identifiers in order to disguise the origin of any message you
send to HiperStream through the Website or any service offered through the Website; (l) use any service,
technology or automated system to artificially inflate the page views that your User Content receives – such
as pay-per-click services and web "robots"; and (m) post more User Content than an individual could upload
in a given period of time.
DISCLAIMER OF WARRANTY
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITES IS AT YOUR SOLE RISK. HIPERSTREAM DOES NOT WARRANT THAT USE
OF THE WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY
BE OBTAINED FROM USE OF THE WEBSITES, NOR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION,
SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEBSITES. THE WEBSITES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL LIABILITY
OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING
THE WEBSITES, YOU ACKNOWLEDGE AND AGREE TO OUR DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU
SHOULD NOT ACCESS OR USE THE WEBSITES.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL HIPERSTREAM BE LIABLE TO YOU FOR
ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS
OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF
DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF
ACTION ARISING OUT OF USE OF THE WEBSITES OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE WEBSITES, OR ANY
ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON
THE WEBSITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF
CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS
UPON WHICH LIABILITY IS CLAIMED AND EVEN IF HIPERSTREAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR
DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO ACKNOWLEDGE THAT HIPERSTREAM IS NOT
LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE WEBSITES OR
ANY OTHER THIRD PARTIES.
You agree to defend, indemnify and hold HiperStream – including its affiliates and their respective
directors, officers, employees and agents – harmless from and against all claims and expenses, including
attorneys’ fees, arising out of the use of the Website by you.
HiperStream reserves the right to take over the exclusive defense of any claim for which we are entitled to
indemnification. In such event, you shall cooperate with HiperStream as reasonably requested.
to immediately terminate your access to the Website in the event of any conduct by you which we, in our sole
GOVERNING LAW AND JURISDICTION
If You reside in Europe, this Agreement is governed by and shall be construed in accordance with the laws
of Switzerland, without regard to its conflict of laws rules. Any dispute arising out of or in connection
with this Agreement shall be submitted exclusively to the jurisdiction of the ordinary courts of the Canton
of Zurich, venue being Zurich 1.
If You reside in the United States of America, this Agreement is governed by and shall be construed in
accordance with the laws of the State of California, without regard to its conflict of laws rules. Any
dispute arising out of or in connection with this Agreement shall be submitted exclusively to the
jurisdiction of the ordinary courts of California State.
If You reside in any country of Latin America, this Agreement is governed by and shall be construed in
accordance with the laws of Brazil, without regard to its conflict of laws rules.
Any dispute arising out of or in connection with this Agreement shall be submitted exclusively to the
jurisdiction of the ordinary courts of São Paulo, State of São Paulo, Brazil. Please report any violations
hereof, and supersede all previous written or oral agreements between the parties with respect to such
content providers and licensors and each of them shall have the right to enforce such provisions directly or
on their own behalf.
failure to require at any time performance by the other party of any of the provisions of these Terms of
Use, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect
the validity of either party to enforce each and every such provision thereafter.
thereof, to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible,
HiperStream, Inc. and its subsidiaries (collectively, 'HiperStream' or 'we') appreciate and acknowledge the vital importance of privacy, security and data protection to our clients and to all data subjects that might have their Personal Data (as defined below) processed through our systems. As a global organization, HiperStream does its utmost to provide adequate protections across all of its operations and implement consistent and rigorous policies and procedures.
SCOPE AND AGREEMENT
By design, the provision of our services per se does not demand the direct collection of personal data, but, rather, entails the processing of data, including Personal Data, which is originally collected and provided to HiperStream by its corporate clients. As such, except for the Personal Data which may be collected when You use our website, as further detailed below, HiperStream will only occasionally collect your Personal Data. If and when your Personal Data is collected for purposes not associated to your visiting of our website (e.g. employment enrollment or general job interest data) you will be duly notified and given the opportunity to exercise your rights to have your Personal Data rectified or erased.
THIRD PARTY SERVICES AND APPLICATIONS
INFORMATION WE COLLECT
HiperStream collects certain Personal Data when you register with HiperStream, request information about us or when you use HiperStream services. In registering with HiperStream or requesting information, you may provide us with a password, your real name, industry, organization name, job role, and contact information, such as e-mail address, phone number, and shipping address. We may also collect your product registration information, product interest information, transaction information, or demographic information. We may collect payment information such as your credit card number and billing address if you purchase product or services from us. We may also combine information you provide with data we collect automatically (as further described below) and with data we receive from third parties.
When you use our mobile apps, we also automatically collect information about your device and about your usage of and activity on our mobile apps. For example, we collect your device’s mobile operating system type and version, browser type, device type, geolocation data, Wi-Fi networking connection data, Internet Protocol (IP) address, device identifiers, time stamped logs regarding access times and duration of visits, and other information.
DATA COLLECTED AUTOMATICALLY – COOKIES AND IP
Cookies are text files containing small amounts of information which are downloaded to your device, or more technically, to the browser that you use on that device, when you visit a website. The entity that places cookies on your browser can then read the information on that cookie that it set. Cookies are typically classified as either 'session cookies' which do not stay on your device after you close your browser or 'persistent cookies' which will usually remain on your device until you delete them or they expire.
When you visit our website, we place information on your computer in the form of a cookie, which is recognized automatically the next time you visit us. Cookies allow us, for example, to adapt our website to meet your interests. If you do not wish us to recognize your computer again later, please set your web browser to delete cookies from your computer, to block all cookies or to warn you before saving a cookie. Note, however, you may not be able to avail of the full scope of our website functions. In this respect, note that HiperStream uses certain cookies which are unrelated to online advertising: (i) account access security cookies; (ii) functional cookies, which preserve the functionality of navigational elements; and (iii) language or regional setting cookies.
HOW WE USE YOUR PERSONAL DATA
(a) conduct our ordinary business operations, including to verifying your identity, making credit decisions, completing transactions and orders of our products or services, administering your account, processing payments and conducting business research and analytics;
(b) For staff training and quality assurance purposes (which may include monitoring or recording calls to our customer support) and, generally, improving our internal operations and the performance of systems, products and services, which includes innovation activities such as creating new products, features and services using research and development tools and incorporating data analysis activities;
(c) Improve your customer experiences, by maintaining accurate contact and registration data, offering adequate and improved products, services and features that may interest you and enabling you to participate in contests and surveys;
(d) respond to your comments, questions and complaints;
(e) send you service-related information, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages;
(f) communicate with you and your referrals about promotions, upcoming events, and news about products and services offered by HiperStream and our business partners;
(g) link or combine information about you with other data we get from third parties, to help understand your needs and provide you with better and more personalized service;
(h) enforce our terms and conditions or protect our business, partners or clients; and
(i) protect against, investigate, and deter fraudulent, unauthorized, or illegal activity.
SHARING OR TRANSFERRING PERSONAL DATA
We do not share Personal Data to third parties unless you have previously agreed to this or it is legally permissible for us to do so.
As any other business, HiperStream relies on service providers to manage and support, on our behalf, certain aspects of our business operations. These service providers may be located in a number of global regions and may provide services such as, data hosting, IT and cloud services, debt-collection, fraud management services, customer support and advertising and marketing activities. Our service providers are required by contract to safeguard any Personal Data they receive from us and are prohibited from using the Personal Data for any purpose other than to perform the services as instructed by HiperStream.
We may also share your Personal Data when we believe, in good faith, that we have an obligation to: (i) comply with any law, regulation or court order; (ii) respond to duly authorized information requests of regulators, law enforcement agencies and other public authorities, including in instances associated to natural security threats; (iii) enforce and/or protect the rights and properties of HiperStream, including to investigate fraud and help prevent security threats or other criminal or malicious activity; or (iv) protect the legitimate interests of third parties, including the personal safety of HiperStream employees.
HIPERSTREAM may, for strategic or other reasons, decide to sell, buy, merge or otherwise reorganize its businesses. In such instances, it may be the case that we disclose or transfer your Personal Data to prospective or actual purchasers.
ADVERTISING AND MARKETING
You agree that we can collect, process and use your Personal Data for our own advertising or market research purposes and, in particular, to improve the goods and services offered by us. We can collect, collate and use your data, along with that of other members, in anonymized form in order to improve our services, website and advertisements.
HiperStream also allows that certain third parties, such as analytics companies, advertisers and ad networks, automatically collect information about you through our websites, using cookies, web beacons, and device identifiers, including Personal Data about your online activities over time and across different websites, devices, online channels and applications when you use our websites. Among other things, this may allow ours or other targeted advertising to be shown to you when you are visiting other websites, for example advertising relevant to your age group, your location or to products that you have looked at, recommended, bought or sold (this is known as remarketing, retargeting or behavioral advertising). However, if you see advertising of this sort, it does not mean that we have provided the advertising parties with Personal Data such as your name, address and date of birth.
HiperStream does not knowingly collect information from children as defined by local law, and does not target its websites or mobile applications to children.
We will only use your email address for those purposes for which you have provided it (e.g. membership-related messages, sending status emails, notifications regarding purchases and sales). You will only receive advertising from us via email if you have agreed to do so or where the law otherwise allows.
If you have expressly agreed to the receipt of marketing emails or newsletters (e.g. when you register or during a later log-in), you thereby agree to receive HiperStream communications containing content chosen by us, or emails with advertising, at the email address that you have supplied to us. HiperStream communications may appear at regular or irregular intervals and, in addition to information pertaining to HiperStream, may contain offers from HIPERSTREAM business partners or third parties. You can unsubscribe to HiperStream communications at any time at www.hiperstream.com or, when available, via a link in the communication in question.
DATA SECURITY – PROTECTION OF YOUR DATA
We use the usual standard physical, electronic and managerial security procedures, including encryption, passwords and physical security as an effort to protect your Personal Data from unauthorized access and disclosure and to prevent annoying communication (spam). However, you should know that no company, including HiperStream, can fully eliminate security risks associated with Personal Data.
To help protect yourself, please use a strong password, do not use the same passwords to access your HiperStream accounts that you use with other accounts or services, and protect your user names and passwords to help prevent others from accessing your accounts and services.
EXCERCISING YOUR RIGHTS
You have the right to have access granted to any Personal Data that you have provided to us or that we keep about you. Moreover, you have the right to withdraw any consent previously granted or to request amendment, correction, anonymization or deletion of your Personal Data and to request clarification about the processing. In certain cases, your request may be denied on a legitimate basis such as where making information available would reveal Personal Data about another data subject or where HiperStream is legally prevented from disclosing such information.
If most use of your Personal Data is based on your consent, this consent can be revoked at any time; the revocation, however, will only apply to future use of the data. You can revoke this consent by an email to firstname.lastname@example.org. Revocation of your consent and consent may mean that certain services are no longer available or will be limited. HiperStream retains the right to exercise our data activities on a legal basis at any time.
By subscribing to HiperStream Platform or engaging HiperStream for the provision of services, You provide us access to your production, development or test environment, which may include Personal Data about your employees, customers, partners or suppliers (collectively 'End Users')
HOW WE COLLECT AND USE SERVICES DATA
Services Data may be accessed and used to perform services under your explicit or implicit orders or instructions, including support, and to confirm your compliance with the terms of the Platform Subscription Agreement. This may include testing and applying new product or system versions, patches, updates and upgrades; monitoring and testing system use and performance; and resolving bugs and other issues You have reported to us. Any copies of Services Data created for these purposes are only maintained for time periods relevant to those purposes.
HiperStream may be required to retain or provide access to Services Data to comply with legally mandated reporting, disclosure or other legal process requirements. We may transfer and access Services Data globally as required for the purposes specified above.
SECURITY AND BREACH NOTIFICATION
HiperStream is also committed to reducing risks of human error, theft, fraud, and misuse of our facilities. Our efforts include making personnel aware of security policies and training employees to implement security policies. Our employees are required to maintain the confidentiality of Services Data. Employees' obligations include written confidentiality agreements, regular training on information protection, and compliance with company policies concerning protection of confidential information.
HiperStream promptly evaluates and responds to incidents that create suspicions of unauthorized handling of Services Data. Our cybersecurity and legal teams are informed of such incidents and, depending on the nature of the activity, define escalation paths and response teams to address the incidents. If HiperStream determines that your Services Data has been misappropriated (including by a HiperStream employee) or otherwise wrongly acquired by a third party, we will promptly report such misappropriation or acquisition to You.
CROSS BORDER TRANSFERS