Terms of Use

Last updated on August 30, 2021.

Introduction

👋 Welcome, these are our Terms of Use!

Transparently and straightforwardly, we will explain who we are, what we do, and why we do it. Therefore, we ask you to read it carefully.

Electronic acceptance or signing the Service Agreement means you fully agree with the following terms and conditions, as well as with our Privacy Policies. It is an integral part of this document. If you do not agree with any condition of this Privacy Policy or our Terms of Use, do not click on "I accept" at the end of the text or sign our Agreement.

Our terms may be updated. If that happens, you will receive an email notification. If you do not agree with anything, unfortunately, you will not use our product.

Glossary

See the following definitions to understand everything written herein:

Anonymized data: The data we collect when visiting our website or platform, such as clicks, mouse movements, location, browser name and version, device name, brand and version, language preferences configured in the browser, screen size, page visibility, date and time, amount of time spent on specific pages, and our website features you visit. None of this information can actually tell us who you are;

Personal data: These data are related to a natural person, identified or identifiable, provided by you, such as name, last name, date of birth, identification document, home or business address, phone, email, and related data to the legal entity, such as corporate name, CNPJ (legal entity tax number), business address, etc.;

Sensitive Data: Personal data about racial or ethnic origin, religious belief, political opinion, union membership or organization of a religious, philosophical or political nature, data related to health or sexual preferences, genetic or biometric data, when linked to a natural person;

Data Controller: The individual or legal entity legally responsible for decisions regarding Personal Data processing. The Controller is responsible for that data;

Data Operator: The individual or legal entity that carries out the processing of Personal Data on behalf of the Controller. That means the Operator only processes the data the Controller sends them;

Cookie: A file with a small piece of data temporarily stored in the browser.

Our Product: A Software-as-a-Service (SaaS) characterized by a set of tools that allow the collection and processing of customer data;

Application: A set of functionalities that can be accessed through devices (smartphones, computers, laptops, etc) that are connected to the internet;

Software development kit (SDK): software development tools, provided by CROCT, enabling data collection and application personalization;

Service level agreement: service parameter definitions that define the average response time for CROCT customer support;

Customer: companies that hire CROCT for using Our Product;

User: a person who uses the Customer's application;

Data Processing: any operation or set of operations carried out on data sets, whether by automated means or not, such as but not limited to collection, use, access, organization, consultation, production, alteration, reception, classification, reproduction, communication, transmission, distribution, processing, archiving, registration, structuring, storage, adaptation, retrieval, combination, restriction, elimination, evaluation, modification, or extraction;

Lei geral de proteção de dados pessoais or LGPD: means, while in effect, Brazilian "Lei Geral de Proteção de Dados Pessoais" (General Personal Data Protection Law) (Law # 13.709/2018), its subsequent amendments, and any other applicable laws and regulations regarding the processing, protection and data privacy and, if applicable, all guidelines, rules, ordinances, regulations, and codes of practice and conduct issued by the Brazilian National Data Protection Authority (ANPD) or other relevant supervisory or data protection authority;

Personal data violation: a breach of information security leading to accidental or illegal destruction, loss, alteration, disclosure, or unauthorized access to the Personal Data transmitted, stored, or otherwise handled by CROCT or by an authorized subcontractor;

Consent: free, informed, and unambiguous expression by which an individual agrees with processing their Personal Data for a specific purpose.

What is the purpose of Croct's Terms of Use?

Our Terms of Use explains precisely the general rules of navigation and use of the product, which you and us (Customer and Croct) must be followed while you are licensed or using Our Product.

Who is Croct, and what does Croct do?

We are a technology company responsible for the development of Software-as-a-Service (SaaS). Our Product is characterized by a set of tools allowing the collection and processing of Personal Data from the application installed on our Customer's website.

Once Our Product is installed, our Customers authorize us to collect and process their Users' Personal Data on their behalf. Thus, we enable Customers to:

  • Consult this Data through reports and analyze their Users' traffic;
  • Ask questions regarding a particular User while they are using your applications;
  • Identify a User according to some personal information while they are using the Customer's applications.

It results in user profiles with centralized information, allowing the enhanced understanding of who is browsing and enabling a personalized experience.

Who can use Croct's products?

We are a business-to-business (B2B) technology company. That means that our products are only supplied to companies. In this way, you declare that you are endowed with sufficient powers to act on behalf of the entity you represent, as well as you are over 18 years old.

What are Croct's responsibilities?

You are solely responsible for using Our Product and must comply with our Terms of Use and Privacy Policy rules and the LGDP and other applicable laws.

It is expressly forbidden to license, sell, assign, lease, rent, pledge, sell, donate, transfer, in whole or in part, temporarily or permanently, the services provided through Our Product, as well as to promote or allow decompilation to be promoted, disassembly or reverse engineering of any software or development that may be in any way related to Our Product, or even enable improper use or access.

What are your rights to Croct's product?

Basically, you are entitled to use Our Product while you are our Customer, obtaining all our service benefits. That means we only authorize the right to use Our Product without being obliged to share or provide the source code or internal structure.

It is exclusively our product, but you are entitled to use it as long as the contract is valid.

What are our rights to Croct's product?

They include all rights related to Our Product and its respective functionalities, but not limited to, texts, graphics, data, images, videos, sounds, illustrations, source codes, brands, slogans, domain names, databases, business names, logos, icons, trade dress, including the name Croct, belong exclusively to us and are protected by copyright and industrial property law and cannot be copied, imitated, modified, or used wholly or partially, without prior written permission from one of our legal representatives. Therefore, any use we have not expressly authorized in our Contract and/or Commercial Proposal ("Proposal") will be considered a violation of those rights.

How long is our product available?

Our Product is available for your use 24 hours a day and 7 days a week after entering the contract. However, the SLA varies according to the contracted party, so be aware of our Proposal and our Contract.

What are Croct's obligations?

To comply with what we propose to do for you, we must:

  • Provide access to the product, safely, and abiding by the contractor;
  • Provide support, using our best efforts to correct possible problems;
  • Act as a Personal Data Operator.

In addition, we are committed to:

  • Not to use any of your confidential information or the company you represent;
  • Not to share any Personal Data entered in Our Product from third parties that you have not expressly authorized.

Please read our Privacy Policy to understand better the differences between us, the Data Operators, and you, the Data Controller.

What is not Croct's responsibility?

We are not responsible for the following:

  • Croct is not obligated to investigate the veracity of Personal Data and other data sent by you, whether yours or its Users, regarding the accuracy, clarity, relevance and updating of the information;
  • Problems in customer relations, unrelated to us, whether directly or indirectly, any incidental, special, or consequential damages, including, without limitation, damage due to data loss, business interruption, or any other indirect commercial damages or losses, arising from or related to the use or inability to use the licensed solution, regardless of the cause or the theory of liability (contractual, fraud, or otherwise);
  • Your faithful compliance to the applicable laws, such as but not limited to the LGDP and the "Marco Civil da Internet" (Internet Civil Framework (Law # 12.965/14);
  • Our Product misuse, including but not limited to Sensitive Data, as we expressly prohibit that.
  • Our Product malfunction due to network and/or connection problems with any of the terminals and servers involved in operating Our Product, situations beyond Croct's control.
  • Problems caused by natural disasters, acts of war or terrorism, rebellions, labor claims, government actions, and disturbances on the Internet, contamination by viruses or other contaminating elements, beyond Croct's reasonable control.
  • Damages regarding any claims resulting from a breach of these Terms of Use, your use of Our Product, or any action we perform as part of the investigation of a suspected breach of these Terms of Use or as a result of your conclusion or decision that occurred due to a violation of these Terms of Use.
  • Any indirect and proven damages or losses due to the failure or addiction of Our Product services and are not due to failures or addictions subject to these Terms of Use, such as but not limited to, access to unauthorized actions, statements, or acts of third parties and the Customer's confidence in any information obtained through Our Product resulting from mistakes, interruptions, deletion of files, defects, viruses, delays in operation or transmission or performance failures, whether these are due to force majeure, communications failure, theft, destruction or unauthorized access to Croct's records, programs, or services.

It is important to remember the following:

  • To the maximum extent permitted by law, Our Product and any of our service providing are provided "as is" and "as available", with all failures and without warranty of any kind, not ensuring the functions contained therein or our services performed or provided will meet your requirements, the operation of Our Product will be uninterrupted or error-free or that its defects, despite our provided support will be corrected.
  • Except in case of proven intent, neither Part will pay to the opposing part any indemnity, damages, or penalty in an amount greater than the total amount actually paid by the Customer to Croct during the Contract term, excluding possible extensions and renewals.

What are your obligations?

The customer must do the following for proper execution of the Contract:

  • Install our SDK provided in the application;
  • Use the product legally, avoiding any infractions, violation of rights, or damages to our company or third parties under Brazilian law, as well as abiding by our agreed Privacy Policy, Terms of Use, Terms of Service, Contract, and Proposal.
  • Get Consent from your Users to process collected Personal Data in compliance with appropriate legal regulations, including the collecting and processing performed by third parties, such as our company;
  • Clarify any possible doubts from your Users, including the Personal Data we Handle, and ensure that Users' rights, as defined in the LGPD, are properly addressed.

Additionally, we use the data captured by Our Product, whether anonymous or Personal Data, for training machine learning, which is essential for providing our services.

Important: Personal Data is only used for training models and discarded when the User asks to be forgotten. You must inform us or stop being our Customer.

Can we stop providing our services?

Yes, but only if you:

  • Collect or process Sensitive Data;
  • Copy, modify, adapt, translate or create derivations of Our Product;
  • Inspect, decompile or attempt to access the source code or other information confidential from Our Product;
  • License, sell or transfer your right to use Our Product;
  • Use, transmit, or introduce data and routines interfering or attempting to interfere with the operation of Our Product, such as, but not limited to, manipulating or displaying it using framing or related navigation technology and performing reverse engineering.
  • Violate or are suspected of violating these Terms of Use, Privacy Policy, Terms of Service, Contract, Proposal, or any Brazilian law to our detriment and/or third parties.

In the above-listed cases, we may also terminate any licenses regulated by these Terms of Use, suspending or interrupting your User data access, regardless of justification and/or prior communication. Additionally, we may also permanently delete any and all Personal Data which we process on your behalf.

The termination or suspension of our service providing does not release you from all amounts payable until the date of termination and, in such a situation, you agree to fully exonerate us from any and all liability arising from any losses or damages experienced by your Users and/or other third parties.

Upon request, we will address all reasonable efforts to remove and destroy all of your confidential information.

Does Croct refer to other third-party tools?

No, but there may be links to third-party websites and applications on our website, as well as integrated technologies. It does not in any way mean that we indicate, verify, guarantee, or have any connection with the owners of those sites or applications. So stay tuned and only access when you are really interested.

Does Croct use data distributed under Creative Commons?

Yes. Part of the data provided in the location service is sourced from the GeoNames and IP2Location databases, which are distributed under the Creative Commons Attribution license.

What is our email for you to send feedback?

We always want to hear from you! Send your feedback or suggestions to hello@croct.com. We will evaluate and respond as soon as possible.

By submitting your opinion, you agree that the content of your feedback is not confidential and can be used in our media, without restrictions and without payments to you.

Does Croct provide support?

Yes, if you have any problems using Our Product or have questions about our Terms of Use, please contact us at help@croct.com.

What Forum is responsible for resolving conflicting cases and using Our Product?

The Forum for resolving any conflict over the software or our services will be in the city of São Paulo/SP.

What does your Electronic Acceptance or the payment of the first installment mean?

After performing the Electronic Acceptance or signing of the Service Agreement, you declare you have read and fully agree with our Terms of Use and our Privacy Policy, understanding your responsibilities and obligations.

If you agree with our Privacy Policy and our Term of Use, let's Croct!