Effective in November 1st, 2018
This document regulates the use of the LeadLovers platform, hereinafter referred to as“Tool”.
By subscribing to the Tool, you, hereinafter referred to as “User”, enter into and agree to the terms below.
LEADLOVERS TECNOLOGIA LTDA - ME a legal entity of private law, enrolled at the
Brazilian Corporate
Taxpayer's Registry (CNPJ) under no. 22.799.684/0001-76, headquartered in Curitiba/PR, at Rua do
Semeador, no. 461, Cidade Industrial, Curitiba/PR, ZIP 81.270 -050 , hereinafter referred to as"LeadLovers", through its legal and technical representative, FABIO LEANDRO
VERSCHOOR, Brazilian,
holder of ID (RG) 68.156.884-0 and Tax ID (CPF) 006.287.039-45, establishes the present instrument,
called PRIVACY POLICY AND TERMS OF USE, conditions and clauses of which theUser represents, in the
act of contracting/subscribing, to have previously read and hereby agrees to submit to.
The acceptance of these Terms of Use and Privacy Policy is absolutely essential to the use of the
services provided by LeadLovers. This document is governed by Law no. 12.965/2014 (Brazilian Civil
Rights Framework for the Internet), Law 13709/2018 (Data Protection Act) and by the European Data
Protection Regulation or GDPR-General Data Protection Regulation.
1. PRIVACY POLICY
1.1 GENERAL RULES FOR STORAGE OF USER AND THIRD-PARTY DATA
1.1.1 Any person who has data stored by LeadLovers, after proof of
identity by
confirming their respective data, has the right to request by phone (41) 3908-7533 or by email
([email protected]), information such as (a) which of their data is stored, (b) the purpose for
storing such data, (c) for whom such data has been disclosed, and (d) the storage period.
1.1.2 In addition, they also have the right to request that such data be (a)
rectified, (b) deleted or (c) limited.
1.1.3 In the case of the above requirements, LeadLovers reserves
the period of 30
(thirty) days for the fulfillment of the request, and the requesting person shall be informed by
email.
1.1.4 In the event of any breach of personal data that could lead to a risk of the
rights and freedoms of the data subject, LeadLovers undertakes to notify the
responsible User within
72 hours.
1.1.5 If the User or the holder of the data is geographically
located in any
country of the European Union, the User must notify within 72
hours the respective holder, as well
as the controlling authority of the respective country.
1.2 USER PERSONAL DATA
1.2.1 The Tool, after the effective subscription, collects the
following Personally
Identifiable User Information provided at the time of purchase: name, date of birth, tax ID
(CPF/CNPJ), address, e-mail address and telephone number.
1.2.2 If the client is a legal entity, it should include the name, tax ID (CPF) and
date of birth of the legal representative of the company.
1.2.3 The information is provided through the completion of the form by the User at
the time of contracting/subscription of the service, the same remaining responsible for its
correction and updating.
1.2.4 The information provided will be used for communication, notification and
collection of users, and LeadLovers is hereby authorized to use them also for
sending of emails,
such as Newsletters, product launch notifications, news related to the Tool. The User may unsubscribe to the e-mail service at any time.
1.2.5 LeadLovers shall keep access records confidential, in a controlled and safe
environment for at least 6 months, in accordance with Art. 15 of Law No. 12,965/2014 (Brazilian
Civil Rights Framework for the Internet).
1.2.6 Only LeadLovers employees shall be able to access the User's personal
information, whose disclosure to third parties shall not be carried out without authorization.
1.2.7 The Tool uses remarketing tools and primary cookies from Google Analytics to
improve the user experience with our content. Google, in turn, has its own terms of use and privacy
policies which can be accessed through this link.
1.2.8 The User can disable this feature by accessing this link.
1.2.9 In addition to the above personal information provided, the tool collects
information contained in ads, such as the IP (Internet Protocol), ISP (Internet Service Provider,
such as Sapo, Clix and others), the browser used to visit the LeadLovers website, the time of visit
and the pages visited on our website.
1.2.10 This information (listed in item 1.2.1) is collected for the sole purpose of
optimizing the User's own navigation and experience through the LeadLovers website.
1.2.11 Also, other information such as personal preferences is stored throughCookies e Web Beacons.
1.2.12 Furthermore, LeadLovers website contains advertisements
from third parties. Some of these ads may use technologies such asCookies and/or Web Beacons, which will also receive data such as IP address, ISP, browser,
etc.
1.2.13 The above features (listed in items 1.2.11 and 1.2.12) are used for
geotargeting (such as showing Lisbon advertising only to people from Lisbon) or displaying targeted
advertising to a user type (such as showing restaurant advertising to people visiting culinary
websites regularly).
1.2.14 All Users, or anyone browsing the internet, have the power
and independence to turn off these features by blocking the "Cookies" in browseror anti-virus options. However, we warn that blocking Cookies may generate issues
navigating our website or other websites.
1.3 THIRD-PARTY DATA COLLECTION BY THE USER
1.3.1 Since the Tool allows the User to collect
data from third parties, the User, contracting with LeadLovers, represents to be responsible for the treatment and
lawfulness of said
data pursuant to Law No. 12.965/2014 (Brazilian Civil Rights Framework for the Internet), Law
13709/2018 (Data Protection Act) and the European Data Protection Regulation or GDPR-General Data
Protection Regulation.
1.3.2 The User undertakes to publish on its website its own terms
of use and
privacy policies guaranteeing all rights and duties fulfilled in Law No. 12.965 / 2014 (Brazilian
Civil Rights Framework for the Internet), Law No. 13.709 / 2018 (General Data Protection Law) and
the European Data Protection Regulation or GDPR (General Data Protection Regulation). Non-existence,
insufficiency or illegality of the terms of use and privacy policies, User will be
notified to
address these changes. If the notification is not complied with, the Tool may
suspend or cancel the
contracted services.
1.3.3 In case of a third-party requests information to the Tool about the use of
its data that has been captured by the User, the User hereby
authorizes the Tool to inform by whom
its data was captured and the means of contact, where it is stored, as well as any other data to
exercise their rights under the LGPD - Law No. 13.709 / 2018 (General Data Protection Law).
1.3.4 If the User is geographically located in any country of the European Union or
collects data of any person who is geographically located in any country of the European Union, they
undertake to provide information, in its own Terms of Use and Privacy Policy, regarding a
representative to be contacted by the controlling authorities and data holders of that region, under
the terms required by the GDPR (General Data Protection Regulation).
1.3.5 LeadLovers shall not perform the processing of these data,
unless requested and authorized by the User.
1.3.6 Should LeadLovers identify any unlawful collection of data by theUser, it shall immediately block its collection and the access of the User to theTool.
1.3.7 The collection of genetic, biometric or health data of third parties by the User is not allowed, unless upon express and unequivocal authorization by its
holders. In case the User obtains the respective authorization, they must immediately prove it to LeadLovers, under
penalty of having their access blocked under the terms of item 1.3.4.
1.3.8 Likewise the previous item, the User is not allowed to collect data of minors
under 16 (sixteen) years of age, without the express authorization of the persons responsible for
the minors.
2. TERMS OF USE
2.1 SECURITY
All data entered into the Tool, including third-party data collected by the User, is confidential
and protected through strict access and encryption controls. Our team of developers makes every
effort to keep the Tool Safe, but we cannot guarantee 100% security and like any
online venture, we
are subject to risks.
2.2 CONNECTION
2.2.1 In order to enjoy the services offered by LeadLovers, theUser must ensure a
continuous and fast connection with the Internet. The User is solely responsible
for obtaining and
paying for Internet connection, which will allow him to enjoy the platform.
2.2.2 The User hereby acknowledges that the quality of the Internet
connection
depends, among other things, on the Internet access provider and the Internet infrastructure
provider, on the volume of other uses that the client makes in the band available at each moment and
also on the quality of the connection equipment it has.
2.2.3 LeadLovers shall not be responsible for any viewing failures
and/or problems
attributed to a faulty, interrupted, slow Internet connection or issues related to hardware problems
(PC, notebook, tablet, mobile, etc.) of the User.
2.3 PAYMENT
2.3.1 At the time of contracting/subscription to the Tool, the User may choose
MONTHLY, six-monthly or ANNUAL payment plans, as offered on the website.
2.3.2 The means of payment available are bank slip and credit card via HOTMART.
2.3.3 The lack of access to the platform and/or use of the services provided in the Tool shall not exempt the User from the payment of the monthly
fee, since payment is due for the
mere availability of the service.
2.3.4 The purchase by credit card will require automatic payment of the
subscription, be it monthly, six-monthly or annual and will be included in the invoice of the card.
2.3.5 Payment via bank bill will entail the monthly, six-monthly or annual delivery
of the slip to the e-mail address registered at the time of purchase.
2.3.6 The six-monthly and Annual plans follow the same procedures of the Monthly
plan; however, their subscription will follow according to the period imposed on them, that is, 6
months and 12 months respectively. Similarly to the monthly plan, there will be automatic renewal by
billing the credit card or sending the bank slip in the following payment term.
2.3.7 The Tax Invoice will be generated within 30 (thirty) days after confirmation
of payment and sent by e-mail to the User.
2.3.8 We emphasize that if the User choses payment in
installments, the installment
shall be operated by the credit card operator and not by LeadLovers. It is not
possible to pay in
installments by bank slip.
2.4 DEFAULT
2.4.1 The failure to pay the monthly fee for more than 15 days (recurrence in
default) shall entail the blocking of the account. Hotmart will send notifications regarding the
delays in the monthly payment via email before LeadLovers blocks the account.
blocks the account.
2.4.2 The account unblocking will only take place through the payment of all
overdue monthly payments, including monetary correction and legal default interest.
2.4.3 In the event that the Tool has been used/made available
without the due
payment and there is no request for cancellation of subscription, the amount referring to the period
used may be charged by telephone, e-mail, correspondence and/or legal action, with monetary
correction, legal interest as of maturity and attorney's fees of 20%.
2.4.4 If LeadLovers does not charge any monthly payment, monetary
correction or
interest, it shall be due to a mere liberality, never entailing a waiver of its right.
2.5 REFUND
2.5.1 The user has the right to request the cancellation of the base plans sold on
the website (5,000 lead plans) within 30 days after the first purchase and shall receive a full
refund of the amount paid.
2.5.2 The additional lead plans referred to in item 2.7 or any other additional
contracted afterwards shall NOT be subject to refund.
2.5.3 Purchases in installments via credit card shall NOT be refunded, since
payment is made in cash by the credit card operator and the latter then collects the installments
from the User.
2.5.4 In case of cash purchase via credit card, the purchase value will be refunded
on the next invoice of the credit card or on the invoice of the subsequent month, that is, from 30
to 60 days, depending on the closing date of the credit card bill and also the credit card company.
2.5.5 The refund of the amount paid via bank slip will be made via a checking
account. Once the refund is placed on the Hotmart system, the user will receive an email to register
the bank account where the refund will be made.
2.6 CANCELLATION OF SUBSCRIPTION
2.6.1 The charge will be interrupted upon the request of the User to cancel the
subscription to the LeadLovers team. If there is no cancellation request, the charge will occur
automatically for each contracted period.
2.6.2 Upon a request for cancellation of the subscription, the access of the User
to the Tool will be immediately blocked and the automatic collection by LeadLovers and by Hotmart
cancelled for the following terms, with no refund whatsoever of the installments already paid.
2.7 ADDITIONAL PLANS (UPGRADE)
2.7.1 Upgrade packages can only be purchased if the main plan (Monthly,
Six-monthly, Annual) is paid on time, otherwise the User shall have 7 days after
the maturity date
to settle any debts before acquiring an additional plan.
2.7.2 Additional plans follow the same method of subscription as the base plans,
and the User must opt for the plan's recurrence mode at the time of purchase:
Monthly,
Six-monthly, Annual.
2.7.3 Additional plans have no refund, as they are extra plans that are not
essential to the use of the software.
2.8 DISCOUNT COUPON
The discount coupon delivered by LeadLovers and its partners may only be used once
(1) and is
limited to a single tax ID (CPF/CNPJ), i.e., it is non-transferable and non-cumulative. The discount
coupon can only be activated by new subscriptions and their maximum validity is of 2 (two) months.
2.9 ACCESS
2.9.1 Access will be granted after the payment is identified, the access data
will be sent via email; in case they are not delivered immediately there will be 5 attempts to
send following the actions below:
- Immediate delivery after subscription;
- 30 minutes after subscription;
- 2 hours after the first attempt;
- 4 hours after the second attempt;
- 24 hours after subscription;
2.9.2 The User has access 24 hours a day, 7 (seven) days a week to
the platform
while paying for the plan on time, except in the special cases of scheduled maintenance of the
system.
2.9.3 The Tool reserves the right to temporarily discontinue
services if there is
an unexpected problem with the system, when it will notify the User, informing them
of the problem
and deadlines for normalization.
2.10 ILLEGAL OR UNETHICAL USE OF THE TOOL BY THE USER
2.10.1 The use of the Tool is prohibited for the publication,
creation, storage
and/or dissemination of abusive content, such as texts, photos and/or videos that are defamatory,
discriminatory, obscene, offensive, threatening, abusive, harassing, harmful, which contains hate
speech against persons or groups or contains child pornography, explicit or violent pornography,
content that may be harmful to minors, contains insults or religious or racial threats, or
encourages moral (including bodily) harm and property, or that may violate any third party right.
2.10.2 It is also prohibited to use the Tool for spam (abusive)
emailing. If it is
identified that the user is using the Tool to spamming emails, we reserve the right
to block the
account.
2.10.3 We use the following spam verification bases:
- Minimum delivery rate of 98% (in relation to the amount of emails sent);
- Minimum opening rate of 10% (in relation to the amount of emails sent);
- Maximum of 2% Hard bounces (in relation to the number of bounce messages in the last 15 days);
- (Total) maximum of 30% Hard bounces (in relation to the total number of contacts).
2.10.4 But what are "HARD BOUNCES"? HARD BOUNCES are permanent errors that should
be handled more strictly than temporary errors. These can appear because they do not exist
(spamtraps), because they are going through a long period of inactivity (5 months). This type of
response hurts the delivery of your campaigns more intensely because they receive an immediate
rejection from the provider. The most common answers are related to nonexistent accounts or domains.
2.10.5 If the User intends to perform cold list cleaning (cold
lead import to the
system in order to remove the leads that still relate to the client, thus making successive
imports), they must acquire DEDICATED IP for this purpose.
2.10.6 If the company verifies that the User is performing
successive exports and
imports above 2 times the current account limit, having an inbox with more than 2% of Hard Bounce
status leads and/or the reputation of the account is below 90%, it may be blocked. The User will be
informed previously on the blocking via email.
2.10.7 The User is aware that the Tool, when
identifying a very large volume of
emails sent per month, will automatically clean your account, regardless of User’s request, removing
leads that in the last 30 emails received, did not perform any opening, freeing up space for new
acquisitions and preserving reputation, indicators and mischaracterizing SPAM behavior. In this
case, the User will be duly informed via email about the process and number of
disengaged leads
removed. Any lead removed from the list in this process can be requested through the support
channels.
2.10.8 It is prohibited to import into any list obtained by an illegal source or
illegal means. The Tool may question the User about the origin and
manner of obtaining a lead list
imported into the Software. If illegality is found, it will be rejected.
2.10.9 In addition, the User agrees that, when
using the Leadlovers system, it may not:
a) Violate any rule contained in this Privacy Policy and Terms of Use document;
b) Make any misrepresentation, thus understood the information misrepresentation (i.e.: deliberate and voluntary disclosure of information that the User knows to be false or that are notoriously false) and fraudulent misrepresentation;
c) Post or send any abusive or offensive content in the comments;
d) Commit fraud;
e) Violate or breach third-party intellectual property rights, fiduciary or contractual rights, privacy or publicity rights;
f) Disseminate, distribute or send destructive codes, whether or not they have caused actual damage;
g) Collect personal or business data, including (without limitation) email addresses and/or names of any Internet resource, whether managed by LeadLovers or third parties, for commercial, political, welfare, or other purposes without the consent of the owners of such data;
h) Duplicate, copy, modify, modify, create derivative works from, or sell or resell any of LeadLovers' services or any part thereof, including websites and web pages, or the information or data contained in the services of the Tool;
i) Send content that does not belong to the User or that they have no right to publish or distribute, whether under law or contract;
j) Access the Tool without authorization, through hacking, password mining or any other fraudulent means or that represents a violation of third-party rights;
k) Perform or encourage any unlawful activities;
l) Promote games of chance, pyramid or any fraudulent financial schemes.
m) Fail to comply with any applicable laws, rules, norms, principles and regulations.
a) Violate any rule contained in this Privacy Policy and Terms of Use document;
b) Make any misrepresentation, thus understood the information misrepresentation (i.e.: deliberate and voluntary disclosure of information that the User knows to be false or that are notoriously false) and fraudulent misrepresentation;
c) Post or send any abusive or offensive content in the comments;
d) Commit fraud;
e) Violate or breach third-party intellectual property rights, fiduciary or contractual rights, privacy or publicity rights;
f) Disseminate, distribute or send destructive codes, whether or not they have caused actual damage;
g) Collect personal or business data, including (without limitation) email addresses and/or names of any Internet resource, whether managed by LeadLovers or third parties, for commercial, political, welfare, or other purposes without the consent of the owners of such data;
h) Duplicate, copy, modify, modify, create derivative works from, or sell or resell any of LeadLovers' services or any part thereof, including websites and web pages, or the information or data contained in the services of the Tool;
i) Send content that does not belong to the User or that they have no right to publish or distribute, whether under law or contract;
j) Access the Tool without authorization, through hacking, password mining or any other fraudulent means or that represents a violation of third-party rights;
k) Perform or encourage any unlawful activities;
l) Promote games of chance, pyramid or any fraudulent financial schemes.
m) Fail to comply with any applicable laws, rules, norms, principles and regulations.
2.10.8 The violation of any of the rules set forth herein shall
entail the block of the access to the Tool, without prejudice to
any potential damages.
2.10.10 The violation of any of the rules set forth herein shall entail the
block of the access to the Tool, without prejudice to any potential damages.
2.10.11 LeadLovers is not responsible for content posted through
the
system, and may remove content from the Internet if there is a violation of these terms or any
third party right.
2.11 SUPPORT
2.11.1 The Technical Support of the tool will be given through online chat during
business hours, from 8:30 a.m. to 5:00 p.m. Monday to Friday; to access the chat online go to the
Call Center inside LeadLovers.
2.11.2 In view of the nature of the service provided by leadlovers and in order to
always provide the best service to the User, it is, in certain situations,
necessary for the User to
be served through (1) chat in the area logged in day windows and times that vary (in test); (2)
tickets in the area logged in when the chat is closed; (3) tickets on the sales pages; (4) recording
screens by browsing the User account on video, instructing him on how to perform a
given action and
sharing the video; (5) video and audio conferences using a tool available to both (google meet;
zoom; skype; whatsapp; messenger); (6) social media (company fb groups, company instagram accounts);
(7) other forms of assistance that are necessary. In these cases, due to its exceptional nature, the Tool has no means of ensuring that all service has been recorded and recorded in
its system.
2.11.3 leadlovers and its collaborators will have free access to
the User account
and the data contained therein for purposes of service, analysis and technical support.
2.11.4 All service and technical support will be required and provided in mutual
respect and good faith. Having verified the occurrence of disrespect, threats and / or offenses
against leadlovers or its collaborators, it reserves the right to cancel the
contract and block the
customer's account. Any refund rights will be analyzed by leadlovers’ legal team on
a case-by-case
basis.
2.12 SHARED ACCESS
2.12.1 The sharing of access data is not allowed under any circumstances; the
subscriber may be blocked access if the system identifies access by different IPs. For blocked
accesses, the subscriber will have to wait up to 72 hours for their access to be released again,
after analysis of our IT staff.
2.12.2 The sharing of access data as well as copying and /or distribution of
content without the author's written permission is considered piracy. Piracy is a crime and, if
identified and proven, the offender will be prosecuted, thus responding to the terms of the Law.
2.13 TERMS AND CONDITIONS
2.13.1 By contracting LeadLovers, the User represents to be fully aware that the
system changes daily, no prior notice being required before each change, unless we deem it
necessary.
2.13.2 The User is also fully aware of the possibility of
encountering "system
bugs", that is, process failures, as well as of facing slow connection and being unable to use the
system for a few hours.
2.13.3 LeadLovers is not responsible for any losses incurred due to unforeseen bugs
and/or external events that every company is subject to.
2.13.4 In addition to all the rules set forth in this document, the User undertakes
to prepare and provide to its "customers" or "visitors" the Privacy Policies applied in their own
environment, which shall be in accordance with this document, with Law 12.965/2014 (Brazilian Civil
Rights Framework for the Internet), law nº 13.709/2018 (General Data Protection Law or LGPD) and
with the European Data Protection Regulation or GDPR-General Data Protection Regulation.
2.13.5 Whenever there is a change to these Terms of Use and Privacy
Policy, the User shall be notified by email. After 5 (five) days of said notification, in the
event of silence
by the User, the changes shall be deemed accepted.
2.13.6 The Courts of Curitiba/PR are hereby appointed in order to resolve any
disputes regarding the use of the Tool or these Terms of Use and Privacy
Policy, and the parties
waive any other, however privileged it may be.
2.13.7 If the customer does not accept the above terms of use, cancellation of the
subscription may be requested through our Call Center with the Cancellation sector.