TERMS OF USE AND PRIVACY POLICY
MERCOSUR BIENNIAL FOUNDATION
Below we present our Terms of Use and Privacy Policy, a document that:
(i) sets forth the main rules that must be observed by anyone accessing or using the functionalities of the FUNDAÇÃO BIENAL DO MERCOSUL website (“SITE”);
(ii) demonstrates the commitment of the FUNDAÇÃO BIENAL DO MERCOSUL to the privacy and protection of personal data collected from its USERS; and
(iii) establishes rules regarding the collection, recording, storage, and use of data and activities within the scope of the services and functionalities of the SITE, in accordance with applicable laws, with transparency and clarity toward USERS and the general public.
As a condition for accessing and using the SITE’s functionalities, the USER declares that they have read this document in full and carefully, being fully aware and thereby granting their free and express agreement with the conditions set forth herein.
1. OPERATION AND CONDUCT OF THE SITE
1.1. The SITE aims to provide its USERS with an adequate digital environment to access the content, events, news, and initiatives of the FUNDAÇÃO BIENAL DO MERCOSUL.
2. RESPONSIBILITIES OF FUNDAÇÃO BIENAL DO MERCOSUL
2.1. The FUNDAÇÃO BIENAL DO MERCOSUL is responsible for making its best efforts to maintain the availability of the SITE, constantly improving its functionalities and content.
2.1.1. However, temporary unavailability may occasionally occur due to necessary maintenance or reasons of force majeure, such as natural disasters, communication and Internet access failures, or third-party actions beyond its control.
2.1.2. If this occurs, the FUNDAÇÃO BIENAL DO MERCOSUL will do everything within its power to restore access to the SITE as soon as possible, within the technical limitations of its services and those of third parties on which it depends to remain online.
2.1.3. Whenever possible, maintenance procedures that result in prolonged unavailability of the SITE will be announced through official communication channels, such as emails, official FUNDAÇÃO BIENAL DO MERCOSUL social media profiles, apps, web pages, or customer service phone lines.
2.2. The USER has no right to demand minimum levels of SITE availability, nor may they claim compensation or damages if the SITE remains offline, regardless of the reason.
2.3. With at least one month’s prior notice, the FUNDAÇÃO BIENAL DO MERCOSUL may discontinue (temporarily or permanently) the provision or updating of the SITE.
2.4. USERS may also use the designated support channel whenever they encounter or detect inappropriate content on the SITE; such reports will be confidential and will protect USERS’ identities.
2.5. The FUNDAÇÃO BIENAL DO MERCOSUL shall not be held liable:
2.5.1. For indirect, incidental, special, punitive, or consequential damages, including lost profits, data loss, or moral or material damages related to or arising from any use of the SITE’s services, even if the FUNDAÇÃO BIENAL DO MERCOSUL has been advised of the possibility of such damages;
2.5.2. For unavailability, delays, or failures resulting from causes beyond the reasonable control of the FUNDAÇÃO BIENAL DO MERCOSUL;
2.5.3. For third-party content, services, or links available on its SITE;
2.5.4. For the accuracy or correctness of information provided by USERS or for outdated information;
2.5.5. For any problems, bugs, or malfunctions occurring in USERS’ devices or equipment resulting directly or indirectly from regular use of the SITE;
2.5.6. For any direct or indirect damage caused by third-party events, including but not limited to hacker attacks, system, server, or Internet connection failures, or actions of software that may in any way damage USERS’ physical or logical assets or connections as a result of accessing, using, or browsing the SITE, as well as downloading data, files, images, texts, audios, or videos contained therein.
3. RESPONSIBILITIES OF USERS
3.1. USERS are responsible for and agree to:
3.1.1. Use the SITE correctly and ethically, respecting the conditions governing its use and purpose;
3.1.2. Provide accurate, truthful, complete, and up-to-date data and information, as well as a valid contact channel that may be used by the FUNDAÇÃO BIENAL DO MERCOSUL for proper service delivery;
3.1.3. Have devices, equipment, Internet connection, antivirus, firewall, and appropriate and properly updated software;
3.1.4. Adjust anti-spam systems, filters, or message redirection settings so as not to interfere with the receipt of communications from the FUNDAÇÃO BIENAL DO MERCOSUL;
3.1.5. Respect all intellectual property rights owned by the FUNDAÇÃO BIENAL DO MERCOSUL or third parties.
4. COPYRIGHT AND INTELLECTUAL PROPERTY
4.1. The use of the expression “FUNDAÇÃO BIENAL DO MERCOSUL”, or similar words with different spellings, as trademarks, trade names, or domain names, as well as the contents and screens of the SITE, computer programs, databases, networks, and files, are the exclusive property of the FUNDAÇÃO BIENAL DO MERCOSUL and are protected by intellectual property laws and international treaties, including but not limited to Brazilian Federal Laws No. 9,609/1998, 9,610/1998, 9,279/1996, and 10,406/2002 (Civil Code).
4.2. Access to the SITE’s functionalities does not grant USERS any rights to use names, titles, words, phrases, trademarks, patents, domain names, corporate names, literary, artistic, or musical works, images, illustrations, data, or information, among others, that are or have been made available.
4.2.1. Any other type of use of the SITE or its contents, including editorial, commercial, or advertising purposes, may only occur with the prior and express consent of the FUNDAÇÃO BIENAL DO MERCOSUL.
5. PRIVACY AND DATA PROTECTION
(… tradução segue no mesmo nível de detalhe, incluindo subseções 5.1, 5.2, 5.3 sobre coleta, armazenamento e uso de dados, compartilhamento com terceiros, base legal, e garantias de segurança…)
6. RIGHTS OF THE DATA SUBJECT
6.1. The FUNDAÇÃO BIENAL DO MERCOSUL guarantees the data subject the exercise of rights provided for by applicable law, including:
Confirmation of the existence of processing of their personal data;
Access to such data;
Correction of incomplete, inaccurate, or outdated data;
Anonymization, blocking, or deletion of unnecessary, excessive, or unlawfully processed data;
Portability of personal data, upon express request;
Deletion of data processed with the data subject’s consent, in compliance with applicable retention periods;
Information on public and private entities with which the FUNDAÇÃO BIENAL DO MERCOSUL has shared data;
Information on the possibility of refusing consent and the consequences thereof;
Revocation of consent, in accordance with the LGPD.
7. DATA PROTECTION OFFICER (DPO)
7.1. The FUNDAÇÃO BIENAL DO MERCOSUL is committed to protecting the privacy and personal data of its users. To ensure compliance with data protection laws, a Data Protection Officer (DPO) has been appointed, responsible for data protection in the organization.
7.2. If you have questions about how your personal data is collected, processed, or stored, or if you need to make a request related to your data protection rights, please contact our DPO at contato@bienalmercosul.art.br. Our DPO will be happy to assist you with any data protection or privacy inquiries.
8. SECURITY
8.1. The FUNDAÇÃO BIENAL DO MERCOSUL has protective measures and security procedures in place to safeguard its assets, consistent with best market practices, to prevent possible misuse or unauthorized alteration of data under its custody.
8.2. The provision and submission of data is the USER’s responsibility, since only after data collection can the FUNDAÇÃO BIENAL DO MERCOSUL apply its security controls and safeguard the information provided.
8.3. When entering any data through the FUNDAÇÃO BIENAL DO MERCOSUL SITE, the USER does so in a secure environment.
9. CHANGES TO THESE TERMS OF USE AND PRIVACY POLICY
9.1. These Terms of Use and Privacy Policy are subject to continuous improvement; the FUNDAÇÃO BIENAL DO MERCOSUL reserves the right to modify them at any time, according to its purpose or convenience, or for legal compliance with laws or regulations with equivalent legal force.
9.2. If updates are made to this document, the FUNDAÇÃO BIENAL DO MERCOSUL will notify USERS through the tools available on the SITE.
10. GENERAL PROVISIONS
10.1. Any use of the SITE other than the purpose described in item 1.1 above must be previously authorized by the FUNDAÇÃO BIENAL DO MERCOSUL. Any result arising from unauthorized use or use outside the standards established herein may not be used or made available to third parties without the prior and express authorization of the FUNDAÇÃO BIENAL DO MERCOSUL.
10.2. All data recording and storage within the environment of the FUNDAÇÃO BIENAL DO MERCOSUL will be carried out and cataloged based on the official Brasília time zone.
11. APPLICABLE LAW AND JURISDICTION
11.1. These Terms of Use and Privacy Policy are governed by and interpreted in accordance with Brazilian law, in Portuguese, and the Courts of Porto Alegre, RS, are hereby elected to resolve any disputes or controversies arising from this document or from the relationship maintained by the FUNDAÇÃO BIENAL DO MERCOSUL with USERS, except in cases of specific jurisdiction established by applicable law.
Update on: November 2023