LEGAL ADVICE

TERMS AND CONDITIONS OF USE OF THE WEBSITE https://prodsmart.com

The present general conditions of use govern the access and use of the various contents included or accessible through the website https://prodsmart.com/ (hereinafter the “Website”) which is owned by PRODSMART, INFORMÁTICA, LDA. (hereinafter “PRODSMART”).

USERS

By the mere use of the Website you acquire the condition of user. The use of the Website and of any of the contents included therein means your acceptance as a user, without any reservation, of the present Terms and Conditions of Use.

TERMS OF USE

The user is obliged, in general terms, to use the Website as well as the content included in it, diligently, in accordance with the law, morality and public order and the provisions of the present Terms and Conditions of Use, and shall in the same way, refrain himself from using them in any way that may prevent the normal operation and use of its contents by the users of the Website or that may harm or cause damages to the assets and rights of PRODSMART, of its suppliers, users or of any third party in general.

The use of the Website is only and exclusively of the user’s liability. The mentioned liability shall be extend to the use, by the user or any third party, of any password or similar method of access to the Website or any of its services.

The website’s user must necessarily be over 18 years old and will incur in all the liabilities arising from the breach of this requirement.

Notwithstanding the above foreseen, PRODSMART reserves the right to refuse or withdraw the access to this Website or the services contained therein, at any time and without prior notice, to any user who does not comply with the provisions set forth in the present Terms and Conditions of Use.

CONNECTIONS AND LINKS

The connections and links contained within this Website may lead the user to other sites and webpages managed by third parties, for which PRODSMART does not exercise any kind of control. PRODSMART shall not be liable for the contents, or the status and/or the accuracy of the information contained in the mentioned sites and webpages, and the access to them through this Website does not imply that PRODSMART recommends or approves their contents.

UNILATERAL MODIFICATION

PRODSMART may modify unilaterally and without prior notice, whenever it deems appropriate, the structure and design of the Website, as well as modify or delete the contents and the conditions of access and/or use of the Website. Hence, you should consult this page regularly to check the latest contents.

INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

All contents of this Website, whether texts, promotional phrases, images, sound, files, data, photographs, videos, illustrations, marks, logos, colour combinations or any other element or characteristic signal, its structure and design, selection and form of presentation of the contents included in it and the computer programs needed for its operation, access and use are protected by intellectual and industrial property rights, owned by PRODSMART, which the user of this Website must respect.

In particular, but without limitation, the reproduction, transformation, distribution, public communication, making available to the public and in general any other form of exploitation, by any procedure, in whole or in part, of the contents of this Website, as well as its design, and the selection of the form of presentation of the contents included in it, are prohibited.

Similarly, it is forbidden to decompile, disassemble, perform reverse engineer, subletting or transmit in any way, translate or perform works resulting from the computer programs required for the operation, access and use of this Website and of the contents (and services) included therein, as well as perform, in whole or in part, any act of exploitation referred to in the previous paragraph. The user of the Website shall refrain himself entirely from removing, modifying, deceiving or manipulating any protection device or systems that can be installed on it.

All content that are available by third parties on the Website may be freely used by PRODSMART.

PRIVACY POLICY

PRODSMART recognizes the importance of protecting the privacy of its clients (that is to say, the legal person who will execute and/or benefit from the Agreement of Provision of Services of Implementation of the Prodsmart Platform) and of the users of its Website.

Therefore, in order to inform you about the collection and subsequent use of your personal data, as well as to give you the options on the processing of such data, it is extremely important that you read the present Privacy Policy.

For the purposes of the provisions set forth on the Law No. 67/98 of October 26, regarding Personal Data Protection, PRODSMART informs the user of the existence of an automated file of personal data created by and for PRODSMART and under its control, for the purpose of (i) carry out the maintenance of the Website and the management of its relationship with the user, (ii) provide the above mentioned service (hereinafter referred to as “Service”) and (iii) provide, if the user who is legal person does not opposed to, the communication of unsolicited messages for direct marketing purposes, commercial and/or promotional information, as well as send advertising material about products, services and other activities of PRODSMART. Apart from PRODSMART, subcontractors of the latter may access your data, exclusively for the purposes of management of the requested Service and the commercial and marketing activities herein foreseen.

The provision of personal data by the user is always optional. However, if the data marked with an asterisk are not provided, the Service requested cannot be rendered.

By providing your data through this Website (in the name and on behalf of the legal person who will execute and/or benefit from the Agreement of Provision of Services of Implementation of the Prodsmart Platform), the user authorizes, expressly and unreservedly, that they are processed by PRODSMART for purposes of correspondence or electronic messages intended to keep you informed about products or future promotional or publicity actions of PRODSMART.

PRODSMART has implemented the technical and organizational security measures required to ensure the security and integrity of personal data provided by the user, which are described below in the section regarding the Security Procedures.

In the case of availability by the user of third party personal data, including legal representatives and/or employees of the legal person who will execute and/or benefit from the Agreement of Provision of Services of Implementation of the Prodsmart Platform, the user undertakes to obtain the prior consent of the datasubjects concerned, in order to be able to communicate them to PRODSMART and that this one can use and process them.

In order to exercise the rights of access, rectification, deletion of your personal data and personal data held by third parties, which you have been made available, and of opposition, you shall send a written application identified with the reference “Data Protection” where is inserted the corresponding request for Prodsmart, Informática, Lda., Parque Industrial de Arroiolos, Rua A, lote 8, 7040-043 Arraiolos, or to the following e-mail hello@prodsmart.com.

If the user (or the entity that this one represents) wants to stop receiving correspondence or electronic messages intended to keep the latter informed about the products or future promotional actions of PRODSMART, it will be sufficient a written application, identified with the reference “Data Protection”, where is inserted the corresponding request for Prodsmart, Informática, Lda., Parque Industrial de Arroiolos, Rua A, lote 8, 7040-043 Arraiolos, or to the following e-mail hello@prodsmart.com.

PRODSMART shall not be liable for cases in which minors have submitted personal data through this Website. The right of access, rectification and deletion of data may be exercised by the person who has parental responsibility and/or who is the minor’s legal guardian, in accordance with the provisions of the preceding clause.

COOKIES

PRODSMART will use cookies in order to facilitate the browsing and provide a customized and more streamlined service. Cookies are small text files, which the server introduces in the folder pre-configured by the operating system of the user’s computer to identify him. The following paragraphs identify the type of cookies that PRODSMART use on the Website and the purposes for which they are used:

– Session cookies. Session cookies are temporary and only remain in the cookie file until the user leaves the site, so they are deleted when the user close the browser. PRODSMART uses certain session cookies on the Website for the following purposes: (i) track the user activity on the Website in order to the information which he already provided are not requested and so the user does not have to authenticate each time he visits a new area of the Website; (ii) track the offers that have been already presented to the user; (iii) detect fraudulent activity; (iv) only detect the user’s computer or device; and (v) keeping the user connected to the system.

– Functionality Cookies. PRODSMART uses functionality cookies on the Website to increase the functionality of the same, proceeding to the storage of your preferences. This type of cookies also allows PRODSMART to customize the Website use experience by the user, providing him with advanced features and recalling him how he customized the Website in other ways. The information gathered through this kind of cookies are not used to collect personal data about the user and/or to track his activity on the browser or on other Websites.

If the user does not want a cookie to be installed on his hard drive, the user shall configure his Internet browser in order to not receive them. Likewise, the user can freely destroy cookies. If the user delete the cookies, the quality and speed of the Service may decrease.

SAFETY PROCEDURES

PRODSMART has technological and operational security procedures designed to protect personal data against the eventual loss, misuse, alteration or destruction. Only authorized employees and service providers will have access to any data that the user makes available and that access is limited to cases where it is essential for the person or entity concerned to have access to the information. Each employee or service provider who has access to any personal data is obliged to maintain its secrecy.

PRODSMART DISCLAIMER

PRODSMART undertakes to develop all the necessary efforts to ensure the availability and continuity of the Website, as well as the content and services linked to it, in order to work always properly, and the user can access them and use them in a fast, uninterrupted and without errors way. Similarly, PRODSMART does not provide any warranty regarding the suitability and content of the Website or any of the services linked to it to fulfil the user’s specific needs.

PRODSMART will act diligently in accordance with the general uses accepted in the sector to avoid the presence on the Website or on any of the services linked to the same of virus or other harmful elements that may cause alterations in the user’s informatics system, electronic documents or files, but cannot guarantee the absence of such elements and it is not responsible for damages and losses that they could possibly cause.

PRODSMART does not guarantee the technical availability, quality, reliability, accuracy or veracity of the contents and services available in sites owned or managed by third parties that the user can access through technical link devices (“links”) from the Website. In the same way, it does not control and cannot guarantee the absence of viruses or other harmful elements in the contents or services provided by third parties through the Website, and, hence, does not assumes any liability for them.

APPLICABLE LAW

The present Terms and Conditions of Use are governed by the Portuguese law.

 

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