GENERAL TERMS AND CONDITIONS OF USE AND PURCHASE AND SALE
FROM THE “PetAngel” APPLICATION
These general terms and conditions of use and purchase and sale apply to services provided by the legal entity DHPP Soluções e Serviços, duly registered under CNPJ no. 36.111.051 / 0001-38, e-mail: [email protected], with headquarters in:
Rua Damiana da cunha 259
Paulo Brazil Mazzeo, as: Commercial Management, CPF n. 26732064851, Identity Card (RG) n. 23781146-7, issued by SSP
hereinafter referred to as APPLICATION EDITOR,
through the PetAngel app.
I. THE OBJECT
The PetAngel application is characterized by the provision of the following services, including distance and electronic sales of products and services:
Care for Pets with registration of Veterinary Consultations, appointments, medicines, tours and search for Pets for adoption.
II. ACCEPTANCE OF GENERAL TERMS AND CONDITIONS OF USE AND PURCHASE AND SALE
All those who wish to have access to the services offered through the PetAngel application must first inform themselves about the rules that make up this instrument, which will be available for prompt and wide consultation, in a direct link in the application itself.
When using the PetAngel application, the user fully accepts these rules and undertakes to observe them, at the risk of applying the applicable penalties. Before starting any navigation on the application, the user should be aware of any changes or updates that have occurred in these terms.
The user can also be notified by e-mail or directly in the application about any changes in the present rules.
If you do not agree with any of the rules described here, the user must immediately refrain from using the service. If it is of interest to you, you can also contact customer service to present your reservations.
The editor of the PetAngel application is committed to using all the technical solutions at his disposal to allow access to the service 24 (twenty four) hours a day, 7 (seven) days a week. However, it may, at any time, interrupt, limit or suspend access to the application or some of its pages, in order to carry out updates, content modifications or any other action deemed necessary for its proper functioning.
The present general terms and conditions of use and purchase and sale apply to all extensions of the PetAngel application on social networks or communities, both those already existing and those yet to be implemented.
IV. APPLICATION MANAGEMENT
For good management, the editor of the PetAngel application may, at any time:
a) suspend, interrupt or limit access to all or part of the application to a specific category of Internet users;
b) remove all information that may disturb the operation of the application or that is in conflict with Brazilian law or international law;
c) suspend the application in order to carry out updates and modifications.
The services available in the PetAngel application can only be accessed by fully capable people, according to Brazilian law. All those who do not have full civil capacity – under 18 years old, not emancipated, prodigal, habitual drunkards or addicted to drugs and people who cannot express their will, for a temporary or permanent reason – must be duly assisted by their legal representatives, who responsible for compliance with these rules.
Legal entities may also register through their legal representatives.
The user will be allowed to maintain only one account with the PetAngel application. Duplicate accounts will be automatically deactivated by the application editor, without prejudice to other applicable penalties.
For proper registration with the service, the user must provide the required data in full. All information provided by the user must be accurate, true and up to date. In any case, the user will be responsible, in civil and criminal terms, for the veracity, accuracy and authenticity of the data provided.
The user must provide a valid email address, through which the application will make all necessary contacts. All communications sent to that address will be considered read by the user, who undertakes, therefore, to regularly consult his received messages and to respond to them within a reasonable time.
After confirming his registration, the user will have a personal login (nickname) and password, which he must use to access his account in the PetAngel application. These connection data may not be communicated by the user to third parties, and it is your responsibility to use them. The user undertakes to immediately report any suspicious or unexpected activity to his account to the publisher of the application.
It will not be allowed to assign, sell, rent or transfer, in any way, the account, which is personal and non-transferable.
Any user who fails to comply with any of the rules contained in this instrument will be automatically unsubscribed, being forbidden to re-enroll in the application.
The user may, at any time and without justification, request the cancellation of his registration with the PetAngel application. Your unsubscription will be carried out as soon as possible, as long as open debits are not verified.
The publisher will be responsible for the defects or vices found in the services provided by the PetAngel application, as long as he has given them cause. Defects or technical or operational defects originating in the user’s own system will not be the responsibility of the publisher.
The editor is responsible only for the information that was directly disclosed by him. Any information included by users, such as comments and personal profiles, will be their own responsibility.
The user is also responsible for:
a) for the correct use of the application and its services, valuing good coexistence, respect and cordiality in the relationship with other users;
b) for compliance with the rules contained in this instrument, as well as rules of national and international law;
c) for protecting your account access data (login and password).
The publisher will not be responsible for:
a) the intrinsic characteristics of the internet, mainly related to the reliability and the origin of the information circulating in this network;
b) the contents or illegal activities practiced through your application.
VII. EXTERNAL LINKS
The PetAngel application may contain external links redirecting the user to other web pages, over which the editor has no control. Despite prior and regular checks carried out by the publisher, he disclaims any responsibility for the content found on these sites and services.
Links may be included on the pages and documents of the PetAngel application, provided they are not for commercial or advertising purposes. This inclusion will depend on prior authorization from the publisher.
The inclusion of pages that divulge any type of illegal, violent, controversial, pornographic, xenophobic, discriminatory or offensive information will not be allowed.
The editor reserves the right to remove a link at any time leading to his own service, if the source page does not comply with its editorial policy.
The structure of the PetAngel application, as well as the texts, graphics, images, photographs, sounds, videos and other computer applications that comprise it are the property of the publisher and are protected by Brazilian and international legislation regarding intellectual property .
Any representation, reproduction, adaptation or partial or total exploitation of the contents, brands and services proposed by the application, by any means whatsoever, without prior, express and written authorization from the publisher, is strictly prohibited, and civil and criminal measures may be used. applicable. Only elements that are expressly designated in the application as free of copyright are excluded from this provision.
Access does not generate for the user any intellectual property rights related to elements of the application, which remain under the exclusive property of the publisher.
The user is forbidden to include in the application data that can modify its content or appearance.
- General information
This section contains information regarding the treatment of the user’s personal data, totally or partially, automated or not, performed by the application and which may or may not be stored. The purpose is to provide guidance regarding the information collected, the reasons for the collection and how the user can update, manage, export or delete this information.
- User rights
The application undertakes to comply with the rules laid down by the European General Regulation on the Protection of Personal Data (GDPR), with respect for the following principles:
• Your personal data will be processed in a lawful, loyal and transparent manner (lawfulness, loyalty and transparency);
• Your personal data will be collected only for specific, explicit and legitimate purposes, and cannot be further processed in a manner incompatible with those purposes (limitation of purposes);
• Your personal data will be collected in an appropriate, relevant and limited way to the needs of the purpose for which they are processed (data minimization);
• Your personal data will be accurate and updated whenever necessary, so that the inaccurate data is deleted or rectified when possible (accuracy);
• Your personal data will be kept in a way that allows the identification of the data holders only for the period necessary for the purposes for which they are processed (limitation of conservation);
• Your personal data will be treated securely, protected from unauthorized or illicit treatment and against its accidental loss, destruction or damage, adopting the appropriate technical or organizational measures (integrity and confidentiality).
The user of the application has the following rights, conferred by Federal Law no. 13,709, of August 14, 2018 (Law on the Protection of Personal Data) and the General European Regulation on the Protection of Personal Data (GDPR):
• Right of confirmation and access: it is the user’s right to obtain from the application the confirmation that the personal data concerning him are or are not subject to treatment and, if that is the case, the right to access his personal data;
• Right of rectification: it is the user’s right to obtain from the application, without undue delay, the rectification of inaccurate personal data concerning him;
• Right to delete data (right to be forgotten): it is the user’s right to have their data deleted from the application;
• Right to limit the processing of data: it is the user’s right to limit the processing of his personal data, obtaining it when he disputes the accuracy of the data, when the processing is illegal, when the application no longer needs the data for the proposed purposes and when you have opposed the processing of data and in case of processing unnecessary data;
• Right of opposition: it is the right of the user, at any time, to oppose for reasons related to their particular situation, to the treatment of personal data concerning them, and may also oppose the use of their personal data to define marketing profile (profiling);
• Data portability right: it is the user’s right to receive personal data concerning him / her and which he has provided to the application, in a structured format, in current use and automatic reading, and the right to transmit this data to another application. ;
• Right not to be subjected to automated decisions: it is the user’s right not to be subject to any decision taken exclusively on the basis of automated treatment, including the definition of profiles (profiling), which has an effect on its legal sphere or affects it significantly similarly.
The user can exercise his rights through written communication sent to the application with the subject “RGDP-https: //petangel.com.br”, specifying:
• Full name or corporate name, CPF number (Individual Taxpayer Registry, Federal Revenue Service of Brazil) or CNPJ (National Registry of Legal Entities, Federal Revenue Service of Brazil) and user’s email address and, if applicable case, of its representative;
• Right you want to exercise with the application;
• Order date and user signature;
• Any document that can demonstrate or justify the exercise of your right.
The order must be sent to the email: [email protected], or by mail, to the following address:
Rua Damiana da cunha 259
The user will be informed in case of rectification or deletion of his data.
- Information collected
3.1. Type of data collected
The personal data collected by the application are only those necessary for user identification, and sensitive user data are not collected, as defined in articles 9 and 10 of the European General Regulation for the Protection of Personal Data (GDPR) and article 11 of Federal Law no. 13,709, of August 14, 2018.
All data necessary for user registration will be collected, such as full name or company name, CPF or CNPJ number, email and user address, requirements necessary to access certain services offered by the application.
In addition, the necessary data will be collected for the execution of the sales or service provision agreement eventually concluded between the application and the user, regarding the services offered, without which it will not be possible to execute it.
Eventually, other categories of data may be collected, provided they are provided with the user’s consent, or due to legitimate interest or other reasons permitted by law.
The user undertakes to provide his personal data exclusively and not those of third parties.
3.2. Legal basis for the processing of personal data
The user has the right to withdraw his consent at any time, without compromising the lawfulness of the personal data processed before its removal. The withdrawal of consent can be made by e-mail: [email protected], or by mail sent to the following address:
Rua Damiana da cunha 259
The consent of the relatively or absolutely incapacitated, especially of children under 16 (sixteen) years old, can only be done, respectively, if properly assisted or represented.
Personal data necessary for the execution and fulfillment of the services contracted by the user in the application may also be collected.
The processing of personal data without the user’s consent will only be carried out due to legitimate interest or for the cases provided by law, among others, the following:
• for the fulfillment of a legal or regulatory obligation by the controller;
• to carry out studies by a research body, guaranteeing, whenever possible, the anonymization of personal data;
• when necessary for the execution of a contract or preliminary procedures related to a contract to which the user is a party, at the request of the data subject;
• for the regular exercise of rights in judicial, administrative or arbitral proceedings, the latter under the terms of Law No. 9,307, of September 23, 1996 (Arbitration Law);
• for the protection of life or physical safety of the data subject or third party;
• for the protection of health, in a procedure carried out by health professionals or by health entities;
• when necessary to serve the legitimate interests of the controller or third party, except in the event that the fundamental rights and freedoms of the data subject prevail that require the protection of personal data;
• for credit protection, including the provisions of the relevant legislation.
3.3. Purposes of the processing of personal data
The user’s personal data collected by the application are intended to facilitate, streamline and fulfill the commitments established with the user and to enforce requests made by filling out forms.
Personal data may also be used for commercial purposes, to personalize the content offered to the user, as well as to subsidize the application for improving the quality and functioning of its services.
The registration data will be used to allow the user access to certain content of the application exclusive to registered users.
Finally, necessary data will be collected for the execution of the sales or service provision agreement eventually concluded between the application and the user, regarding the services offered.
If the application intends to process the user’s personal data for other purposes, it must be informed about the other purposes, which must be done in compliance with the same rights and obligations.
3.4. Retention period of personal data
The user’s personal data will be kept for a period not exceeding that required to fulfill the purposes for which they are processed.
The data retention period is defined according to the following criteria:
The stored data will be deleted as requested by the user.
The personal data of users can only be kept after the end of their treatment in the following cases:
• for the fulfillment of a legal or regulatory obligation by the controller;
• for study by a research body, guaranteeing, whenever possible, the anonymization of personal data;
• for transfer to a third party, provided that the data processing requirements provided for in the legislation are respected;
• for exclusive use of the controller, access by a third party is prohibited, and provided the data is anonymized.
3.5. Recipients and transfer of personal data
The user’s personal data will not be shared with third parties, who will be treated only by this application.
- Processing of personal data
4.1. Data controller (data controller)
The controller, responsible for the processing of the user’s personal data, is the natural or legal person, the public authority, the agency or other body that, individually or in conjunction with others, determines the purposes and means of processing personal data.
In this application, the person responsible for processing the personal data collected is DHPP Soluções e Serviços, represented by Paulo Brazil Mazzeo, who can be contacted by e-mail: [email protected] or at:
Rua Damiana da cunha 259
The person responsible for processing the data will be directly responsible for the treatment of the user’s personal data.
4.2. The data protection officer
The data protection officer is the professional in charge of informing, advising and controlling the data controller, as well as the workers who process the data, regarding the application’s obligations under the General European Regulation of Data Protection (RGDP), Federal Law no. 13,709, of August 14, 2018 (Personal Data Protection Law) and other data protection provisions in national and international law, in cooperation with the competent supervisory authority.
In this application the data protection officer is Paulo Brazil Mazzeo and can be contacted by e-mail: [email protected]
- Security in the treatment of the user’s personal data
The application undertakes to apply the appropriate technical and organizational measures to ensure a level of safety appropriate to the risk, taking into account the most advanced techniques, application costs and the nature, scope, context and purposes of the treatment, as well as as the risks, of probability and variable severity, for the rights and freedoms of the user.
For this, the application uses SSL (Secure Socket Layer) certificate that ensures that personal data is transmitted in a safe and confidential way, so that the data transmission between the server and the user, and in feedback, occurs in a totally encrypted way. or encrypted.
However, the application disclaims liability for the sole fault of a third party, such as in the event of a hacker or cracker attack, or the exclusive fault of the user, who, for example, transfers his data to a third party, unless the piracy occurred due to security breach of the application. The application is also committed to communicating the user in a timely manner in the event of any breach of the security of your personal data that could cause you a high risk to your personal rights and freedoms.
The breach of personal data is a breach of security that causes, accidentally or unlawfully, the destruction, loss, alteration, disclosure or unauthorized access to personal data transmitted, preserved or subject to any other type of treatment.
Finally, the application undertakes to treat the user’s personal data with confidentiality, within the legal limits.
- Complaint to a supervisory authority
Without prejudice to any other means of administrative or judicial appeal, all data subjects are entitled to submit a complaint to a supervisory authority. The complaint may be made to the authority of the application’s headquarters, the user’s country of habitual residence, their place of work or the place where the infraction was allegedly committed.
X. OFFERS AND PRODUCTS
Through the PetAngel application, the publisher provides the customer with a catalog or an online store showing exactly the products and services sold. Products and services are described and presented with the highest possible degree of precision, containing correct, clear, precise, ostensible information and in Portuguese language about their characteristics, qualities, quantity, composition, price, guarantee, validity and origin, among others. other data, as well as the risks they pose to the user’s health and safety.
Products and services are offered for sale up to the limit of available stock.
Prices and fees related to the sale of products and services are specified in the catalog or online store.
Before finalizing the purchase on a certain product or service, the user must be informed about its specifications and its destination, as well as the age group for which it is recommended. In the case of a product or service acquired within the scope of offers, the user must also observe the conditions for their application.
Offers will be made available on the app at the publisher’s convenience. They can be completed before the scheduled deadline, if the stock is finalized and it is not possible to restore it with the suppliers of the application.
The seller reserves the right to modify the prices of products and services at any time by posting them on the PetAngel application.
The tariffs in force at the time of the order will be applied, subject to availability of products and services on this date.
Prices will be indicated in reais and will not include delivery charges, which will be specified separately and will be informed to the customer before placing the order.
The total order amount, including all fees, will be indicated prior to final order validation.
Payment for the order must be made in cash, using the following means:
The purchase of the premium version of the app will be made through the Apple Store or Play Store
The delivery time for the products or services purchased in the PetAngel application will be informed at the time of order, on business days. The delivery time is calculated according to the stock, the region, the invoice issuing process and the order preparation.
After completing the order, it may not be possible to change the payment method, delivery address or product delivery conditions, such as priority or advance.
XIV. THE RIGHT OF REPENTANCE
Within the period of 7 (seven) days, counted from the date of receipt of the product or service, the customer may withdraw from the purchase and request the return of the amounts paid, without the need to present any justifications.
In this case, he must return the purchased product or service to the seller, under the same conditions in which he received it.
XV. EXCHANGES AND RETURNS
The exchange and return policy for the PetAngel application will be governed by the Consumer Protection Code (Federal Law No. 8,078, of September 11, 1990).
Aside from the customer’s regret, the exchange or return of purchased products or services will only be carried out by checking for vices of quality or quantity that make them unfit or unsuitable for the consumption they are intended for or that decrease their value. Products or services that are inconsistent with the information on the container, packaging, labeling or advertising message may also be exchanged or returned, subject to variations arising from their nature.
The user must inform the seller, through his customer service, as soon as he finds an addiction to the purchased product or service. If, within a maximum period of 30 (thirty) days, it is not possible to resolve the defect or, regardless of this period, the replacement of the addicted parts may compromise the quality or characteristics of the product or service, decrease its value or be a product or essential service, the customer may choose to substitute the product for another of the same kind or to re-perform the service, return the amount paid or proportionally reduce the price.
XVI. USER SERVICE SERVICE
In case of doubts, suggestions or problems with the use of the PetAngel application, the user will be able to contact their customer service directly, through the e-mail address: [email protected], as well as by phone: +5511931025555. These user support services will be available on the following days and times:
Monday to Friday from 9:00 to 18:00
The user can also choose to send correspondence to the address of the PetAngel application headquarters, informed at the beginning of this document.
Without prejudice to other applicable legal measures, the publisher of the PetAngel application may, at any time, warn, suspend or cancel the user’s account:
a) that breaches any of the devices contained in this instrument;
b) to fail to comply with their user duties;
c) to commit fraudulent or intentional acts;
d) providing any incorrect information;
e) the behavior of which constitutes or may imply an offense or damage to a third party or to the application itself.
This version of the general terms and conditions of use and purchase and sale was last updated on: 09/17/2020.
The publisher reserves the right to modify, at any time and without any prior notice, the application and services, as well as these rules, especially to adapt them to the evolution of the PetAngel application, either by making new features available or by suppression or modification of existing ones.
Thus, the user is invited to periodically consult this page to check for updates.
The user who uses the service, after making changes to the general terms and conditions, demonstrates his agreement with the new rules. If you disagree with any of the changes, you must immediately request the cancellation of your account and submit your reservation to the customer service, if you wish.
XIX. APPLICABLE LAW AND JURISDICTION
In order to resolve disputes arising from this instrument, Brazilian law will be fully applied, notably its consumer legislation.
Any disputes must be presented in the jurisdiction of the district in which the editor of the application is located.
Welcome to PetAngel!
The PetAngel application team wishes you an excellent navigation!