GAMIFIER, INC, a company established in the State of Delaware, in the City of Newark is a legal entity of private law responsible for the platform henceforth called Gamifier (“Platform” or “Gamifier”).

By this Privacy Policy (“Policy”), Gamifier presents to users (“Users”) the conditions for the use of the services provided on the Platform.

By using the Platform and the services offered by Gamifier, the Users accept and submit to the conditions of the Privacy Policy and Terms and Conditions of Use, as well as all other amendments thereto.

1. Definitions

1.1 The following definitions and descriptions should be considered for your best understanding:

Content: Any text, graphics, images, music, audio, video, information or other materials made available on the Platform, regardless of whether it is Gamifier Content or User Content.

User Content: any and all content that an User post, download, upload, publish, submit or transmit that is made available through the Platform.

Gamifier Content: any and all content that Gamifier provides through the site, including any licensed content from third parties, not including User Content.

Link: terminology for internet address.

Platform: Designates the Gamifier Platform available at https://www.gamifier.co and any other sites, mobile applications or service channels offered by Gamifier.

Connectors: are the other Software as a Service platforms available that have the enables the integration with Gamifier.

Services: refers to any and all service provided by Gamifier through the Platform or not.

Payment System: a system used by Gamifier in partnership with companies specialized in financial services that allows the payment of the agreed amounts for the use of Platform, linked to the User’s bank account. The User may be required to provide the information of its credit or debit card in the Platform for use of this service.

Users: refers to all users, including the Accountable User, the Player, or anyone who uses the Platform. Unless expressly stated otherwise, the terms “you” or “your” refer to the User.

Accountable User: the contracting entity of the Services offered by Gamifier.

Player: the employees and / or personnel of the contracting company (Accountable User), duly registered in the Platform, whose access must be requested by the Accountable User.

2. Object

2.1 When Users access or use the Gamifier Platform (“Platform”), as well as when they use the products and services provided, they accept the rules regarding the collection, access, use, storage, transfer, enrichment and elimination of their personal data collected, agreeing with the terms set forth herein.

2.2 Data is collected when inserted or voluntarily submitted by Users using the Platform offered by Gamifier, which includes, but is not limited to browsing and searching for offers and services.

2.3 Gamifier works in coordination with the Connectors. It is necessary that Users (company and its employees) are properly registered within the necessary Connectors to enable the use and access to the functionalities of Gamifier.

2.4 Therefore, due to the provisions of Item 2.3 of this Policy, Users are aware and authorize that the data indicated in the Connectors will be accessed and used by Gamifier to enable the functions of the Platform and the structure of the game.

2.5 Collected information includes, but is not limited to:

(a) Name/Corporate Name;
(b) E-mail address;
(c) Phone;
(d) Information of sales made by the Player;
(e) Information about the contacts indicated in the Platform;
(f) Information about browser and operating system;
(g) IP address;
(h) Web pages/visiting sessions of the app; and
(i) Clicked links and buttons.

2.6 Gamifier is not responsible for the accuracy (or lack of it) nor the update of the data presented by our Users. Users are responsible to inform their data with accuracy and update it when necessary.

2.7 The User can, upon express consent, voluntarily provide information about other personal data beyond those noted in Item 2.3.

2.8 Collected data from our Users can be used for the following purposes:

(a) Identify them properly in the Platform
(b) Manage, provide the services and fulfil the obligations derived from the use of our services and products;
(c) Make the functionalities of the games made available by Gamifier possible;
(d) Answer their doubts and solicitations properly;
(e) Keep our database updated so that our Partners can make contact via phone, instant message apps, e-mail, SMS, direct mailing and other media;
(f) Improve the use and browsing experience of our Platforms;
(g) Make statistics, studies, research and surveys regarding the activities of their behavior in the Platform;
(h) Promote our services and products, inform about updates, functionalities, contents, news, as well as other events that are relevant to the support of our relationship with Users;
(i) Reassure rights and obligations regarding the use of our Platform;
(j) Collaborate with or follow court orders and requests made by administrative authorities;
(k) Share the collected data with our Partner for upkeeping and improvement of our Platform, products and services;
(l) Share the collected data using cookies technology, profiling tool, products and offers recommendations, so that our business partners have access to them, as well as to allow that our Users have a more adequate experience.
(m) Collect and analyze anonymous data through third-party software, such as, but not only, Google Analytics, KISS metrics and MixPanel, in order to create parameters and metrics; and
(n) Share and transfer the collected data to business partners, as long as for the specific purpose of enhancing their database and avoid frauds and associated risks;
(o) The use of data can eventually comprise other purposes beyond those exposed above as long as it is duly authorized through express consent of the User.

2.9 Gamifier will use the Accountable Users banking data exclusively for payment processing, charges and transfers explicitly hired by the Accountable Users. These data are treated with absolute confidentiality and security, not being shared with other Users.

2.10 The database created through the collection of data in the Platform (E.g.: Scores, Points, Coins, Rewards, Feedback messages) is our property and responsibility. Its use, access, and sharing, if necessary, are made within the limits and purposes of the business of Gamifier, which can be made available for consultation to our business partners, suppliers and authorities as long as the terms of this Privacy Policy are observed.

2.11 From now, User is aware that we can enhance our database by adding information from other legitimate sources – including those from databases of other companies related to Gamifier, which manifest their express consent by agreeing with the terms of the current Privacy Policy.

2.12 Internally, the data of our Users are accessed only by professionals that are duly authorized by Gamifier, with respect to the principles of proportionality, necessity and relevance to the goals of Gamifier, as well as our commitment to confidentiality and preservation of privacy in the terms of this Privacy Policy.

2.13 We have commercial partners that can offer services through functionalities and websites accessed from our Platform. All data provided by our User to these partners are of their own responsibility. Users are therefore subjected to their collection practices and use of data. Gamifier is not to be held liable for the treatment of such information.

2.14 All User activities in our Platform can be traced, creating, if possible and applicable, logs that contain:

(a) User’s IP address;
(b) Access and actions made by the User in the Platform;
(c) Webpages and screens accessed by the User in the Gamifier Platform;
(d) Date and hour of each action of the User in the Gamifier Platform, as well as the access made to the pages and screens of tools and functionalities that they use.
(e) Information regarding the device used by the User, such as: version of the operating system, location, browser, as well as other applications and software installed;
(f) Session and User ID, if available;

2.15 We might use other technologies in order to collect browsing data from our Users, including, but not limited to, cookies, web beacons and resources in JavaScript. Nevertheless, such technologies will always respect the terms of this Privacy Policy and the options of our User regarding data processing.

3. Retention and Exclusion of Data

3.1 Collected data will be stored in a safe and controlled environment for the minimum and maximum terms legally required.

3.2 However, considering that no security system is infallible, Gamifier will not be responsible for any damages or losses derived from failures, viruses or invasions of the Gamifier database, except for when it is verified that it could be prevented.

3.3 Data obtained from our Users may be stored on our own servers or on third parties’ servers contracted for this purpose, located in Brazil or in another country, and may be stored using cloud computing or other technology that may arise in the future, always aiming at improving and perfecting our activities.

3.4 The data obtained from our integrations, like the CRMs, or any source of data are temporarily stored for caching proposal only and it will be used to create metrics only, aggregating the raw data; The Gamifier, Inc doesn’t have the permission to use such data for other applications other than for its own technology.

3.5 Our Users may request the display, rectification, or ratification of their personal data, through the assistance tools provided by us.

3.6 Through the same assistance tools, our User may request the exclusion of their personal data collected and registered by Gamifier, provided that the agreement between the User and Gamifier has ended and the minimum legal term has elapsed.

3.7 Gamifier clarifies that in some situations will not be possible to carry out the complete exclusion of data, such as in the event of Electronic contracting of services and issues of invoices linked to the registration data of the individual or legal entity.

3.8 We may, for auditing purposes and preservation of rights, remain with the record of the data of our Users for a longer period in cases that the law or regulation determine or for the preservation of rights. However, we have the prerogative to exclude them definitively at our sole convenience in a shorter term.

3.9 The data preserved in the condition indicated above will have its use limited to items b), g) and h) of Item 2.6.

3.10 All promotional emails are sent from the address newsletter@gamifier.co and its links take you directly to the Gamifier website.

3.11 Our marketing e-mails will be sent only to those Users who choose to receive them. If, by any chance and at any point, the User wishes to cancel these mails, his request will be answered promptly.

4. Alteration and Modification of this Policy

4.1 The content of this Privacy Policy may be altered at any moment if necessary, as well as to comply with the law or regulations of equivalent legal force. The User must, therefore, check it whenever they access the Gamifier Platform.

4.2 If there are significant updates to this document, Gamifier will notify the User in 10 (ten) days in advance of the amendment. A new version will be published in the Platform with the date of the last update and you will be notified through the e-mail informed in your Platform account. By continuing to use the Platform or Services after the date that the amendment takes effect, you acknowledge accept the new version in its entirety.

5. Notifications

5.1 Any notification or other communication permitted or required in this document, including any modifications to this Policy, will be in writing and delivered by Gamifier (i) by posting on the Platform, or (ii) via email to the e-mail address by the User in Your Account.

5.2 Any notification or other communication directed to Gamifier should also be in writing and delivered via email to the address contact@gamifier.co.

5.3 For notifications made by e-mail, the date of receipt will be considered the date on which such notification is transmitted.

6. Data Protection Officer (DPO)

6.1 In compliance with the European Union General Data Protection Regulation 2016/679, please find bellow the contact information of the Data Protection Officer:

Rodrigo Pereira Fraga
rodrigo@gamifier.co

7. Jurisdiction

7.1 All items in these Terms are governed by the laws in force in the Federative Republic of Brazil. For all matters concerning interpretation, compliance or any other questioning related to these Terms, the parties agree and expressly elect the Central Forum of the County of São Paulo, State of São Paulo, Brazil.

7.1.1 If you live in a country with laws that allow consumers the right to bring litigation to their local courts (such as the European Union, for example), this paragraph does not affect those requirements.

Last update: August 1, 2018.