TERMS AND COMMITMENTS
Being part of the beverage fan community is something that requires a high level of trust. By navigating our website, our users can expect to find security and privacy in all communications. To ensure this, we have a series of policies and procedures in place to guarantee the security and privacy of all users.
Starting with the privacy of our users, we are committed to not disclosing or using users' personal information for any other purpose except those described in this policy. We collect information solely for marketing and advertising purposes to improve your experience while browsing our website. We do not share users' personal information with other companies.
Furthermore, we have established some rules to keep our users safe and secure. All users must maintain courtesy and mutual respect when visiting the site. The use of offensive or abusive language is prohibited. We also do not allow more than one user to use the same computer to log in to the site.
Finally, we are committed to ensuring user safety and protecting the personal data and information collected.
This Privacy Policy explains what Personal Data we collect about you, why and how we collect it, and how we use it to provide you with the best and most refreshing experience possible.
This Privacy Policy applies to the Processing of Personal Data carried out by the Bebidas Quinarí Group, including the following situations: (i) Processing of Personal Data carried out within the national territory; (ii) Personal Data Processing activities aimed at offering or providing goods or services or processing data of individuals located in the national territory; and (iii) the collection of Personal Data within the national territory. By using any of our websites and mobile applications (collectively, “Platform”) or by providing us with Personal Data, you agree to this Privacy Policy.
If you do not agree with our Privacy Policy, please do not access our Platform.
Questions regarding Data Privacy can be clarified through our customer service channels.
DEFINITIONS
- “Data Protection Laws” means all laws and regulations relating to privacy, confidentiality, retention or recording, monitoring or interception of communication and/or security of Personal Data, including but not limited to the Federal Constitution of the Federative Republic of Brazil, Consumer Protection Code (Law 8.078/90), the Brazilian Civil Rights Framework for the Internet (Law 12.965/14) and the General Data Protection Law (Law 13.709/18), as well as any other laws, decrees, regulations, treaties, and other pronouncements that have the force of law in Brazil, including those that may be enacted in the future.
- “LGPD” means the General Data Protection Law, Law nº 13.709 of August 14, 2018.
- “Personal Data” means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. Personal Data includes, without limitation: (a) name; (b) identification number; (c) CPF (Brazilian individual taxpayer registry number); (d) telephone number; (e) address, including email addresses; (f) IP address; (g) cookies; and (h) social media profiles.
- “Sensitive Personal Data” means Personal Data concerning racial or ethnic origin, religious belief, political opinion, affiliation with a trade union or organization of a religious, philosophical, or political nature, data concerning health or sex life, genetic or biometric data, as stipulated by the LGPD.
- “Business Partners” means the legal entities with which the Bebidas Quinarí Group maintains a relationship through partnership agreements, sponsorships, or any other type of document for the purpose of promoting our brands, products, and services, and which process Personal Data in their own name and/or in the name or under the guidance of the Bebidas Quinarí Group.
- “Service Providers” means any legal entity contracted by the Bebidas Quinarí Group to perform specific services and that processes Personal Data on behalf of, under the guidance of, or jointly with the Bebidas Quinarí Group.
- “Processing” means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
1. INFORMATION COLLECTED FROM THE USER
1.1 We indicate in the table below the main Personal Data that may be processed by the Bebidas Quinarí Group.
Personal Data Category | Personal Data Specification |
---|---|
Navigation Data | Server registration information that may include details such as the device's IP (Internet Protocol) address, MAC Address, access dates and times, Platform characteristics or pages viewed, type and characteristics of the device used and other system activities, operating system, browser type, interaction with the Platform, use of advertising identifiers for devices and third-party websites or services used before interacting with our services, social media identifier, as well as your geolocation. If you wish to opt out of allowing the collection of your geolocation, adjust your device settings so that information about your physical location is not sent to us or third parties in the following ways: (a) disabling location services in your device settings; (b) using security measures such as VPN; or (c) denying permission to certain websites or mobile applications to access location information by changing the relevant preferences and permissions in your mobile device or browser settings. Please note that your location may be derived from your WiFi, Bluetooth, and other device settings. Consult your device settings for more information. |
Cookies Data | Cookies, pixel tags, and other similar technologies to help us understand how you use the Sites and to allow us to personalize your experience. We may request that business partners serve advertisements or services on your devices that rely on cookies or similar technologies to those placed on our Sites. For more information, please see our Cookie Policy. |
Registration Data | Includes full name, date of birth, CPF (Brazilian individual taxpayer registry number), email, telephone number, and any other data requested at the time of registration on our websites and platforms. |
User Content Data | Includes all information that may be published and/or shared by the User on our Platform. |
Contact Data | Includes residential and professional addresses, email, and telephone numbers. |
Job Applicant Data | Includes Registration Data, Contact Data, and information contained in resumes, as well as information from the candidate's LinkedIn profile if they use the platform to apply for job openings. |
Publicly Available Data | Public data made available on social media, such as user ID, profile information, profile picture, followers, likes, photos, videos, posts, and public tweets. Data published and made available in public databases. |
Location Data | Data about your location collected by us through Near-Field Communication (“NFC”) points, Wi-Fi hotspots, and sensors on your device. |
1.1.1 We indicate below the main purposes that motivate the Processing of Personal Data. The Processing of Personal Data carried out by the Bebidas Quinarí Group will occur within the applicable legal limits.
- Responding to your inquiries and sending you administrative information, such as about your account or your purchases, or responding to your inquiries and requests for information, communicating with you about your orders, purchases, returns, services, donations, promotions, campaigns, programs, contests, sweepstakes, and accounts;
- Performing the identification and registration of Users on the Platform;
- Contacting and notifying the User about modifications to the Platform, the Services offered by us, or our policies and Terms of Use, when necessary;
- Performing analyses, quality control, market research, behavioral or usability studies of the platform, and determining the effectiveness of our websites, mobile applications, promotional campaigns, and developing new products and services;
- Delivering gift cards or gifts to other people according to your instructions;
- Informing you about our brands, products, promotions, events, or other topics related to the promotion of our brands, products, and services, as well as those of our parent companies, subsidiaries, and/or affiliates, and on behalf of our Business Partners.
We will only contact you to disclose marketing-related information when we have a reason to do so, whether based on legitimate interest, consent, a prior contractual and/or commercial relationship, and provided that you do not opt out of receiving this information prior to its being sent (opt-out). Whenever possible, in the communications sent by us, there will be an option for access via email or contact address for the Personal Data subject to inform that they no longer wish to receive marketing emails. - Complying with legal obligations, such as the retention of user access logs arising from the Brazilian Civil Rights Framework for the Internet;
- Protecting our rights, privacy, safety, or property, and/or those of our subsidiaries, affiliates, consumers, and third parties, including in acting in applicable legal proceedings;
- Responding to requests from public and governmental authorities, including foreign public and governmental authorities;
- Providing important information about product safety and product recall notices;
- Detecting, preventing, or investigating potential security incidents or fraud;
- Contacting you again if we haven't heard from you for some time;
- Allowing you to participate in opinion polls, sweepstakes, instant promotions, contests, and other promotions, and administering these activities;
- Allowing you to participate in social sharing, including live social media feeds;
- Processing rewards, prizes, and donations, as applicable;
- Improving your experience with our products and services through, for example, the personalization of your experience with us;
- To contact Users who have sent their resumes to our database, analyze their profile for the position in question, and conduct job interviews;
- Any Personal Data submitted through this section of the Sites, by upload or via email, will be governed by our Resume Submission Policy in the Work With Us section; and/or
- Determining the effectiveness of our websites, mobile applications, promotional campaigns, and developing new products and services.
You will have control over this personal data and may restrict and revoke any consent you have provided to us while browsing the Platform.
1.3 Additional Information. Non-personal additional information, that is, information that cannot be used to identify you or Personal Data that has been anonymized and does not identify the data subject, may be used for any purpose, regardless of authorization or notification.
1.4 Third-Party Sites. We clarify that the Platform has links to other third-party websites and online services, and the use of such sites and services is subject to the terms of use and privacy policy of those third parties. This Privacy Policy does not address the privacy and data protection practices carried out by third parties. The inclusion of a link on our Platform does not imply endorsement of the linked third-party website or its products and services and is provided for your convenience only. If you decide to access any of the third-party websites linked to our Platform, you will be subject to the terms and conditions of use of those third-party websites.
1.5 Personal Data of Third Parties. We will not request Personal Data of third parties and will avoid collecting it as much as possible; however, if the User provides us with Personal Data of third parties, we will understand that the User has obtained prior authorization from this third party and that they agree with the processing of Personal Data carried out by the Bebidas Quinarí Group under the terms of this Privacy Policy.
1.6 Personal Data of Children and Adolescents. We do not intend for our Platforms or other online services to intentionally collect or solicit any information from individuals under the age of 13 or to allow individuals under the age of 13 to disclose their Personal Data to us through the Platforms. Our platforms are directed to individuals over the age of 13, and it is certain that individuals between the ages of 13 and 18 will need the consent and authorization of their parents and/or guardians to participate in some actions and promotions made available by us. If you believe we may have Personal Data from an individual under the age of 13, please contact us as instructed below in the "Contacting Us" Section. You may mark your inquiry as "Request for Online Privacy Information for Children and Adolescents."
1.6.1 We will request the consent of the legal guardian during the account registration process for individuals between 13 and 18 years of age in accordance with the LGPD (Brazilian General Data Protection Law).
2. SHARING OF COLLECTED INFORMATION
2.1 The Bebidas Quinarí Group may transfer Personal Data to third parties, including but not limited to those listed below. The Bebidas Quinarí Group emphasizes that the disclosure of any personal information of the User to third parties will be done within the legal limits established by the LGPD and other applicable laws regarding the processing performed. If necessary, the Bebidas Quinarí Group will obtain the consent of the Data Subject.
- Bebidas Quinarí Group;
- Authorized Manufacturers;
- Business Partners;
- Marketing Partners;
- Service Providers; and/or
2.2 We will not disclose your Personal Data to third parties if we have received and processed a request from you not to do so. To submit a request, please contact us.
2.3 We do not monitor or respond to “Do Not Track” (DNT) signals because there is no standard interpretation or practice for DNT signals. Therefore, we handle all personal data of users consistently with this Privacy Policy.
3. USER RIGHTS
3.1 Without prejudice to other rights indicated in this Privacy Policy, the User has the following rights:
Access | Requesting a copy of: (1) the categories and specific Personal Data we collect about you; (2) the categories and specific sources from which the Personal Data is collected; (3) the purpose of collecting the Personal Data; and (4) the categories and specific third parties with whom we share Personal Data; |
Correction and Update | Requesting the correction and updating of your personal data. In this case, we will inform the correction and update to the third parties with whom the personal data has been shared. In some cases, such as Promotions or in the case of the Bebidas Quinarí Group's use of public data, the correction and updating of data may be limited and/or not processed. |
Portability | Requesting the transfer of your personal data from the Platform's database to a third party. |
Revocation of Consent | Requesting the interruption of processing activities based on consents given by you. Among them, stopping the receipt of marketing communications related to the activities of the Bebidas Quinarí Group. |
Opposition to Processing | Contesting where and in what context the Bebidas Quinarí Group processes your Personal Data. |
Blocking | Requesting the suspension of the processing of your Personal Data, which may result in impaired use of the Platform by the user. |
Exclusion | Requesting the deletion of your personal data from the Platform's database. In this case, we will inform your decision to the third parties with whom the personal data has been shared. We may retain certain personal data if necessary to (i) comply with applicable law; or (ii) exercise our rights in judicial, administrative, or arbitration proceedings. Except in the cases mentioned, we will delete or keep your data anonymized (we will use the technique available at the time). Please note that your request does not guarantee the complete or comprehensive removal of the content or information, for example, another user of the sites may have republished your public content on another website. |
Request Review of Automated Decisions | The data subject shall have the right to request the review of decisions made solely based on automated processing of their Personal Data (for example, risk or probability calculation, or other similar processing of personal data using rules, calculations, instructions, algorithms, statistical analysis, artificial intelligence, machine learning, or other computational 1 techniques). |
3.2 When the Bebidas Quinarí Group intends to carry out another Processing of Personal Data for a purpose different from the one previously informed to you, before this additional Processing, we will provide you with information about this new purpose and any additional relevant information, as mentioned in item 1.1.2. We will also request your consent and/or authorization to carry out the new processing, if necessary.
3.3 We will provide information about your Personal Data in a transparent, intelligible, and easily accessible manner, in clear and simple language. The information will preferably be provided electronically and within the following timeframes:
- Immediately, when in simplified format;
- Within 15 (fifteen) days of your request based on the LGPD, when in full format.
3.4 When Personal Data has not been obtained directly from you, we will provide, as requested:
- The categories of Personal Data in question; and
- The source from which the Personal Data originates (and if applicable, whether it came from publicly accessible sources).
- 4.1 To request a copy of your Personal Data or to request that your Personal Data be deleted, please contact us. You may authorize another person (your "representative") to submit a request on your behalf. If an authorized representative will submit a request on your behalf, please contact us at adminstracao@bebidasquinari.com.br. Our goal is to complete requests in accordance with the provisions of the LGPD. Please note that we are required to verify whether your agent has been properly authorized to request information on your behalf, and this may require additional time to fulfill your request.
3.5 If you have an account with us, you may also make certain changes directly on your profile page. Please note that changes made to your profile on one of our sites may not be reflected on other sites and/or accounts operated by us.
3.6 Retention Period. We will retain your Personal Data for the period necessary to achieve the purpose described in this Privacy Policy and in specific consent terms, unless a longer retention period is required or permitted by Data Privacy Laws for legal, audit, or compliance purposes.
3.7 We emphasize that the data provided by you at the time of registration on our pages/Platforms will be kept in our database for 5 (five) years, counted from the last access, for the purpose of allowing your access and facilitated registration on other Platforms, promotions, and/or other actions of the Bebidas Quinarí Group. Furthermore, if you request the deletion of your Personal Data from our databases, we will continue to retain your data provided for participation in promotions only for legal purposes, with your participation in the promotions/actions being terminated and the possibility of new registration in a promotion/action you have already registered for being blocked.
3.8 Managing Receipt of Information. You can choose not to receive promotional emails and correspondence by informing us of your preferences when registering on one of our Sites or by modifying your promotional preferences online in your profile in the account management section. To stop receiving marketing communications via SMS or email, send a text message with the word “STOP” in response to a text message sent by us or click “unsubscribe” at the bottom of an email sent by us. Additionally, you may inform us of your preference as instructed below in the "Contacting Us" Section. Please specify what types of communication you no longer wish to receive and the relevant phone number, address, and/or email address. If you choose to no longer receive our marketing-related messages, we may still send you administrative messages, such as emails about your account or purchases.
4. INFORMATION SECURITY MEASURES
4.1 Information Security Measures. We use standard physical, technical, and administrative measures designed to reduce the risk of loss, misuse, unauthorized access, disclosure, or modification of your Personal Data. Unfortunately, no system or network can be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please notify us immediately in accordance with the "Contacting Us" section below (note that physical notification will delay our response to the issue).
4.2. International Transfer. Personal Data is stored on our own server or on third-party servers that we contract, in data centers located in Brazilian territory and abroad, in countries that guarantee at least the same level of personal data protection as provided for in Brazilian law. In the event that Personal Data is processed abroad, we undertake to adopt contractual measures that prioritize the protection of Personal Data and the privacy of Users.
5. GENERAL PROVISIONS
5.1 Conflict. In the event of a conflict between the terms of this Privacy Policy and any other document that the Bebidas Quinarí Group has made available to You and that deals with the same subject matter, for example, rules for participation in a promotion that deal with the Processing of your Personal Data, the more stringent rules will prevail.
5.2. Changes to the Privacy Policy. We may change the Platform's Privacy Policy from time to time. The use of information collected now is subject to the Privacy Policy in effect. Changes in how we use Personal Data will be notified to Users through an announcement on the Platform and, in the case of substantial changes, we will notify you by sending an email to the User.
5.3. Tacit Acceptance. The continued use, by the User, of the services after the effective date of any change made and previously notified constitutes your acceptance of the altered or modified Privacy Policy. For this reason, we request that Users review this Privacy Policy whenever they use the services.
5.4 Non-Notified Adjustments Minor adjustments to this Privacy Policy may occur without significantly affecting the ways in which we process collected information, and therefore these will not need to be informed.
5.5 Dispute Resolution. This Privacy Policy is governed by Brazilian law. The Central Court of the City of Rio Branco is hereby elected as the forum for the resolution of disputes arising from this document, with the exception of claims presented by Users who fall under the legal concept of consumers, who may submit such claims to the forum of their domicile.
COOKIES POLICY
When you use our websites, mobile phone applications, and online services (the "Site"), we may store cookies in your browser. Other third-party websites that you choose to access may do the same. This Cookie Policy explains what a cookie is, how you can manage your cookies, and what types of cookies may be captured on our Sites.
1. WHAT IS A COOKIE AND WHY DO WE USE IT?
Cookies are small pieces of text. They are provided by most websites and stored by your web browser on the computer, phone, or other device you are using. Cookies serve many purposes. They can help a website remember your preferences, understand which areas are useful and which need improvement, and can offer you targeted advertisements or personalized content. Sometimes, cookies are activated when pixels are placed on a website. Pixels are also called web beacons, clear gifs, and tags. They allow websites to read and place cookies.
First-party cookies and third-party cookies
Cookies can be first-party or third-party. A first-party cookie is one that you receive directly from the Bebidas Quinarí Group, its controlled and/or subsidiary companies, including, especially, the Bebidas Quinarí Group, when you visit one of our Sites. A third-party cookie is one that you received from another party, such as Google or Facebook. We do not control what third parties do on other websites. However, we may work with certain third-party providers, such as Google or Facebook, to allow their cookies to function through our Site, so we can learn more about your experience on our Site and better personalize our services for you.
Persistent cookies and session cookies
A persistent cookie is a cookie stored by the web browser on your device until it expires or you delete it. The expiration of a persistent cookie is determined by the cookie creator and can occur on a specific date or after a period of time has passed since the session. This means that, throughout the lifetime of the cookie, your information will be transmitted to the creator's server every time the user visits the website to which it belongs or another website configured to check that cookie (such as an advertisement placed on that website). For this reason, persistent cookies are also called "tracking cookies."
A session cookie is created temporarily on your device to be used by a website during your visit. This type of cookie may store information you have entered and track your activity on the site. A session cookie is deleted after you leave the website or when the browser is closed. A good example of a session cookie is the shopping cart on an e-commerce website. The session cookie stores the items you add to the cart so they are not forgotten while you view products on other pages of the site. Using a session cookie, all the items will be in the cart when you go to the checkout page.
HOW DO I MANAGE COOKIES?
Most browsers allow you to choose whether to accept cookies. Most also allow you to delete cookies that have already been set. The available options and the mechanism used vary from browser to browser. These browser settings are typically found in the "options," "tools," or "preferences" menu. You can also consult the browser's "help" menu. For example:
Cookie settings in Internet Explorer
Configurações de cookies no Chrome
Yes, there are tools available to clear all cookies left by the websites you have visited. Generally, deleting cookies anonymizes the information associated with the pixel, and the website will no longer receive any associated information.
3. WHAT TYPES OF COOKIES DO WE USE?
The Website may use Strictly Necessary Cookies, Performance Cookies, Functional Cookies, Targeting Cookies, and Social Media Cookies. Any of these cookies may be first-party or third-party, persistent or session cookies. Please refer to Item 2 of this Cookie Policy for information on how to manage these cookies through your browser.
- Strictly Necessary Cookies: These are cookies without which you would not be able to use the Site. For example, Strictly Necessary Cookies adjust the Site data transmitted to match your internet connection, take you to secure versions of the Site, and help offer services you specifically request. If you set your browser to block these cookies, some parts of the Site will not work. Strictly Necessary Cookies do not store Personal Data.
- Performance Cookies: We use these cookies to count visits and traffic sources so we can measure and improve the performance of our Site. They help us to know which pages are the most and least popular and see how visitors move around the Site. Performance Cookies do not store Personal Data.
- Functional Cookies: These cookies allow the Site to remember choices you make and provide enhanced functionality and more personalized features. Depending on the context, Functional Cookies may store certain types of Personal Data as necessary to offer functionality.
- Targeting Cookies: Targeting Cookies help us manage and display our advertisements to you based on your activity on the Site and other websites. This activity is known as interest-based advertising. Targeting Cookies rely primarily on uniquely identifying your browser and internet device. Opting out of receiving interest-based advertising does not mean you will no longer see advertising online, but rather that the companies from which you have opted out will no longer display ads that have been tailored to your interests.
- Social Media Cookies: Social Media Cookies facilitate sharing on social networks, provide tools for you to connect to the Site, and help us better understand both the Site's target audience and the effectiveness of our social media outreach. These are third-party cookies. Your choices regarding these cookies are determined by the social media platforms on which you have an account.
The Cookies enabled by you at the time of accessing the pages of the Bebidas Quinarí Group may be used for the development of personalized communications that will be sent to your email and/or phone if you have consented to the Marketing Terms.
4. UPDATES TO THIS COOKIES POLICY
We may change this Cookie Policy at any time. Please refer to the "LAST UPDATED" legend at the top of this page to see when this Cookie Policy was last revised. Any changes to this Cookie Policy will become effective when the revised Cookie Policy is made available on or through the Site. Such updates will be duly disclosed by the Bebidas Quinarí Group.
5. PERSONAL DATA PRIVACY POLICY
If you are interested in understanding how the Bebidas Quinarí Group processes the Personal Data captured, whether through Cookies or otherwise, please access our Privacy Policy.
6. CONTACT US
If you have any questions about issues related to Data Privacy, please contact us via email at administracao@bebidasquinari.com.br.
Address: Estrada Colonial, 4035 – Al. Sabiá, 674 – Distrito Industrial, Rio Branco – AC
You can also exercise your rights under the LGPD by clicking here. If your interest is not related to this topic, please contact the Bebidas Quinarí Group through the contact page or by phone at (68) 3232-4000. For submitting resumes, visit our CAREERS page.
YOUR RIGHTS UNDER THE LGPD
At the Bebidas Quinari Group, we take privacy seriously and we do not monetize your data. It will be used primarily to improve your experience by offering, for example, special promotions and offers near you.
Regarding the management of your data, we want to provide you with the necessary information so that you can make informed decisions. You have the right to:
- Know how your data is processed;
- Confirm that we process your personal data;
- Access, request, and receive your personal data in a portable format;
- Request the correction of your personal data;
- Object to the sharing or sale of your data;
- Request the deletion of your data;
- Manage the consents you have given;
TERMS OF USE
Dear user,
Thank you for accessing this platform of the Bebidas Quinarí Group.
TERMS OF USE OF THE BEBIDAS QUINARÍ GROUP
- These Terms apply to websites, mobile applications, and online services linked to them.
- The services to which these Terms apply are free services. We do not promise that they are perfect. Use them as they are made available.
- Follow the law and respect other users.
- If you submit information or a creation, it will become our property. This includes submissions made on our social media pages or on partner pages that are accessed through our platform or that are related to any activity carried out by the Bebidas Quinarí Group.
- Contact:
Telephone: 3232-4000
We at the Bebidas Quinarí Group, our parent companies, subsidiaries, and affiliates (collectively, "Bebidas Quinarí"), operate websites, mobile applications, and social media pages (collectively, the "Platform"). The Platform is offered for your personal and non-commercial use. By using the Platform, you agree to these Terms of Use (the "Terms"). Upon access, you will be bound by the Platform's Terms as they existed when you last used the Platform.
We reserve the right to make changes to these Terms at any time. Please check them periodically to ensure you are aware of any updates or changes.
If you do not agree to the Terms, do not use the Platform.
1. USE OF THE BEBIDAS QUINARI PLATFORM
1.1 Free Access. Access to the Platform is generally free. However, some products and/or services offered by the Bebidas Quinarí Group and/or by third parties through the Platform may be subject to payment. In cases where payment is required, you will be duly informed of the terms and conditions.
1.1.1 Age Restriction. Some pages of the Platform, especially those intended for the dissemination and/or promotion of alcoholic beverages of the Bebidas Quinarí Group, are not directed at and should not be accessed by underage users. The Bebidas Quinarí Group indicates on such pages that only users over 18 (eighteen) years of age may access them and, for access control purposes, requests that the User confirm that they are of legal age.
1.1.2 The Bebidas Quinarí Group is not responsible for the improper access of minors to such pages as a result of incorrectly or falsely filled information in the form provided by the Platform.
1.2 Registration, Usernames, and Passwords. To use certain parts of the Platform, you may need to create an account and register a password. Your username and password are exclusively for your personal use and must be kept confidential. You are responsible for any use, even if improper, of your username or password. Notify us immediately of any breach of confidentiality or unauthorized use of your username, password, or Site account.
1.3 Third-Party Sites; Links. The Platform has links to other websites and online services. We have no control over these third parties. We do not endorse their products and services. We are not responsible for the availability, accuracy, or security of such sites. If you decide to access any of the third-party websites linked to our Platform, you will be subject to the terms and conditions of use of those third-party websites.
2. RULES OF CONDUCT
We reserve the right, at our sole discretion, to restrict or terminate accounts that are not used in accordance with these Terms, and/or the other Policies of the Bebidas Quinarí Group, and/or applicable law, as well as to remove any materials that violate these Terms, other Policies of the Bebidas Quinarí Group, or that we deem objectionable.
2.1 User Obligations: In addition to other obligations indicated throughout these Terms, Users agree to:
- Not disclose their username and password to any third parties, with the User being solely responsible for the actions taken on the Platform in their name.
- Provide completely truthful and accurate registration information, being solely and fully responsible for all content provided by them in the registration,
- Not use the Platform in any way that adversely affects its availability for use by other Users or in any other way that could damage, disable, or overload the servers or networks,
- Respect the law, these Terms (including, without limitation, all restrictions applicable to Posts and Creations), and all applicable rules and regulations,
- Refrain from: (i) posting content or items in inappropriate categories or areas on our Platform and services; (ii) introducing or facilitating the introduction and spread of viruses or any other technologies that may harm the Platform; (iii) attempting to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software program used in connection with the Platform; (iv) copying, modifying, or distributing rights or content from the Platform or the company's copyrights and trademarks; (v) collecting and/or sharing any information about another User without their consent; and/or (vi) acting in any way that could threaten or harm the operation of the Platform.
2.1.1 Respect Others. We also expect Platform users to respect the rights and dignity of others. Do not use the Platform to harass, harm, stalk, embarrass, threaten, or violate the rights of third parties or promote any type of discrimination (whether based on belief, race, gender, nationality, or any other nature).
2.1.2. Indemnification. You agree to defend, indemnify, and hold harmless the Bebidas Quinarí Group, our directors, officers, employees, agents, parent companies, subsidiaries, affiliates, authorized manufacturers and distributors, shareholders, licensors, and representatives from and against all claims, losses, costs, and expenses (including, without limitation, attorneys' fees) arising out of (a) your misuse of the Platform or engagement in improper activities on the Platform, (b) any violation of these Terms by you or through your account; and (c) any allegation that any Submission or Creation (defined below) that you make available or create through or in connection with the Platform infringes or violates the copyright, trademark, trade secret, privacy, or other intellectual property or other rights of third parties.
2.2 Content Monitoring. We assume no responsibility arising from content published by Users on the Platform, including errors, libel or defamation, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy, whether written or verbal. Although we are not obligated to monitor content, we may, at our sole discretion, do so and proceed with the deletion of anything that may be contrary to these Terms of Use and any other policies of the Bebidas Quinarí Group.
3. EXCLUSION AND LIMITATION OF LIABILITY
3.1 Exclusion of Liability. The website and all its text, images, and software (collectively, "content") are provided on an "as is" basis, without any warranty of any kind, express or implied. You agree that you must evaluate and that you bear all risks associated with the use of the website, including without limitation, reliance on the accuracy, completeness, or usefulness of any content available through or in connection with the website.
3.2 Limitation of Liability. We acknowledge that some laws provide consumers with specific rights and remedies and prohibit the waiver of such rights. Except with respect to such laws, you waive all damages under any legal theory other than actual damages for direct loss. For example, except with respect to such laws, you waive nominal damages, liquidated damages, statutory damages, consequential damages, presumed damages, as well as the imposition of costs and attorneys' fees. We will not be liable for any losses or damages suffered by Users or third parties resulting from: (i) any incorrect or incomplete information provided by a User; (ii) any fraud or breach of any of the conditions set forth in these Terms of Use; (iii) connection failures; (v) problems in data processing due to the fault of third parties; (iv) actions of Users registered in the system; (vii) for any information, advice, or guidance provided by professionals contacted on the Platform, as these are autonomous and entirely and exclusively responsible for their own acts and statements; (viii) any violation of third-party rights; (ix) economic, financial, or business loss, or for any indirect loss.
4. CONFIDENTIALITY OF COMMUNICATIONS
4.1. Personal Data. Any Personal Data you submit on or through the Site is governed by the Bebidas Quinarí Group Privacy Policy.
4.2. Additional Communications. Any other information you submit on or through the Site will be treated as non-confidential and non-proprietary. This includes all information you submit directly or indirectly (for example, through the use of a third-party social media site using a hashtag we promote).
4.3. Submissions and Creations. Submissions and Creations (defined below) will be treated as non-confidential and non-proprietary. You acknowledge that any information contained in a Submission or Creation is public information.
5. INTELLECTUAL PROPERTY
5.1 Ownership of the Platform. The Platform and its Content, including all registered trademarks, service marks, graphics, and any other related distinctive signs, are our exclusive property, unless expressly indicated otherwise, and are protected by copyright, trademark, patent, and/or other intellectual property rights and laws. The Platform and its Content may also contain various third-party names, trademarks, and service marks that are the property of their respective owners.
5.2 License to Use the Platform. Subject to these Terms, you are granted a personal, non-exclusive, non-transferable, and revocable license to use the Platform solely for your own personal, non-commercial purposes and strictly in accordance with these Terms. This license may be revoked at any time and does not grant you any additional rights in relation to the Platform or its Content. The Bebidas Quinarí Group reserves all other rights. You may not modify, alter, or change any content, nor may you distribute, publish, transmit, reuse, repost, reverse engineer, or disassemble the content or any part thereof for public or commercial purposes, including without limitation, the text, images, audio, and video. The use of any content in violation of these Terms without our written permission is strictly prohibited and subjects the violator to the consequences provided for in applicable law and these Terms of Use.
6. CREATIONS AND POSTINGS
6.1. Creations and Postings on the Site. The Platform may include a variety of interactive services, such as instant messaging, forums, and blogs. You may choose whether or not to submit information using these services ("Platform Postings"). You may also choose whether or not to create materials using the services ("Platform Creations").
6.2. Creations and Postings Off the Platform. The same type of interactive service may be available on certain third-party websites and social media platforms. You may use these services to submit information ("Off-Platform Postings"), for example, by using hashtags we promote or commenting on our social media pages. You may also use these third-party services to create materials ("Off-Platform Creations"). On-Platform Postings and Off-Platform Postings will be collectively referred to herein as "Postings"; On-Platform Creations and Off-Platform Creations will be collectively referred to herein as "Creations."
6.3. Grant of Rights for Postings and Creations. You are solely and fully responsible for the content and consequences of your Postings and Creations. You grant us a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license with respect to all Postings and Creations. We may use this license without paying you any compensation. The license allows us to: (a) use, reproduce, distribute, adapt (including, without limitation, edit, modify, translate, and reformat), derive, transmit, display, and perform, publicly or otherwise, any Posting and/or Creation (including, without limitation, your voice, image, or likeness, as incorporated in such Posting or Creation), in any media now known or hereafter developed, for our commercial purposes, and (b) sublicense the above rights, to the maximum extent permitted by applicable law. The foregoing licenses will survive any termination of these Terms for any reason.
6.4 Representation and WarrantyYou represent and warrant that (i) you own all necessary rights related to any and all Postings and/or Creations, (ii) the Posting and/or Creation will not violate any third-party rights and/or applicable law, nor will it contravene morals and good customs, and (iii) you have the right to grant these licenses (including, without limitation, any musical compositions and/or sound recordings incorporated in any Posting or Creation) and that such Posting or Creation may be used by the Bebidas Quinarí Group within the scope of the Platform. You also irrevocably waive any rights regarding attribution of authorship or integrity of materials relating to each Posting and Creation that you may have.
6.5 You are solely responsible for your Postings and Creations. You acknowledge and agree that you are solely responsible for any Posting or Creation you provide and for any consequences thereof, and you undertake not to disclose any content that may violate the rules of conduct set forth in these Terms of Use and Brazilian law. You understand that your Postings and Creations may be made available to third parties as provided in a specific agreement. These third parties may share your Postings and Creations with others and make them available in other places, including on other websites and platforms.
6.6 We Are Not Responsible for Third PartiesWe have no control over what third parties may do with your Posting or Creation. We have no legal responsibility for their misuse. We also do not endorse and are not responsible for any opinions, advice, statements, information, or other materials made available in any Submission or Creation.
6.7 Comments. Visit our "Contact" page to submit ideas or creations.
7. GENERAL PROVISIONS
7.1 Notices. Notices to you may be made by posting on the Platform, by email, or by regular mail, at our discretion. Notices to us should be made using the contact information below.
7.2 Evidence. You agree that a printed version of these Terms and any notice given in electronic form, including through posting on the Platform, will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
7.3 Rules for Sweepstakes, Contests, Challenges, Activities, Surveys, and Promotions. Any sweepstakes, contests, challenges, activities, surveys, or promotions made available through the Platform may be governed by specific rules that are separate from these Terms. By participating in any such sweepstakes, contest, challenge, activity, survey, or promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. We recommend that you read the applicable rules linked to a particular activity and that you review our Privacy Policy which, in addition to these Terms, governs any information you submit in connection with such activities.
7.4 Contacting Us. If you have any questions or complaints regarding the Platform, please call (68) 3232-4000.
7.5 Dispute Resolution. This Agreement is governed by Brazilian Law. The Central Court of the City of Rio Branco is chosen as the venue for the resolution of disputes arising from this Agreement, with the exception of claims presented by Users who fall under the legal definition of consumers, who may submit such claims to the court of their domicile.
8. CHANGES
8.1 Changes to the Platform. We may modify or discontinue the Platform and its Content at any time, at our discretion.
8.2 Changes to the Terms. We may change these Terms at any time. We will provide reasonable advance notice, including by posting a revised version of these Terms through the Platform.