Terms of use
Terms of use
Data Protection Officer (DPO)
In accordance with the General Data Protection Law (LGPD), we have appointed a Data Protection Officer (DPO) to oversee matters related to data protection. If you have any questions or requests related to your personal data, please contact our DPO: Cássio F. Gonçalves
E-mail: [email protected]
1. Introduction
1.1. The website of the Perseu Abramo Foundation, hosted at the address “www.fpabramo.org.br”, is the exclusive property of the Perseu Abramo Foundation, a partisan foundation registered with the CNPJ/MF under number 01.489.206/0001-90, with headquarters at Rua Francisco Cruz, nº 234, Vila Mariana, São Paulo, SP, CEP 04117-091.
The following addresses and websites are also the exclusive property of the Perseu Abramo Foundation:
– www.enfpt.org.br;
– www.escoladopt.org.br;
– www.observatoriodademocracia.org.br;
– www.periferiaeperiferia.org.br;
– www.teoriaedebate.org.br;
Which adhere to the same privacy policy published here.
1.2. These Terms and Conditions of Use, together with the Privacy Policy, establish the general conditions applicable to the use of services provided by the Perseu Abramo Foundation, as well as the content made available at all addresses listed in item 1.1 and its use.
1.3. By using any resource from the Perseu Abramo Foundation, the user automatically agrees to these Terms of Use and our Privacy Policy.
1.4. IF THE USER DOES NOT AGREE WITH THESE TERMS, OR ANY PART THEREOF, THEY SHOULD NOT USE THESE WEBSITES.
1.5. The Perseu Abramo Foundation may, at its sole discretion, change its Terms of Use and Privacy Policy. Significant changes will be communicated to users in advance through notices posted on the website and by email. It is the user’s sole responsibility to regularly visit this page to stay informed of any updates.
1.6. Tolerance regarding the non-compliance with any obligation stipulated in the Terms of Use and Privacy Policy does not imply a waiver of the right to demand compliance with the obligation, nor does it imply the alteration of any term or condition contained herein.
1.7. The Perseu Abramo Foundation is committed to processing users’ personal data in accordance with the General Data Protection Law (Law No. 13.709/2018), guaranteeing the security, privacy, and rights of data subjects.
2. General provisions
2.1. The Perseu Abramo Foundation websites have an online newsletter with daily updates, providing texts, photos, videos, and materials in other media. The published content may be updated or corrected at any time, which is why the news should always be considered as not definitive.
2.2. The Perseu Abramo Foundation makes its public content openly available on its website, accessible to anyone.
2.3. By accessing the Perseu Abramo Foundation websites, the user agrees to respect that all content produced, published, and licensed is permitted, and that its total or partial reproduction is allowed, provided the source is cited.
2.4. Content produced by third parties and published on the Perseu Abramo Foundation website with the authorization of its producers does not fall under the license described in item “2.3.”. In case of interest in reproducing this content in whole or in part, the interested party is subject to the terms and conditions established by the author and current legislation.
2.5. The user assumes full civil or criminal responsibility for the misuse of information (images, texts, and videos) published on the Perseu Abramo Foundation website, as well as for disrespecting the copyright and property rights of these websites and third parties.
2.6. The Perseu Abramo Foundation undertakes to keep the information on the Terms of Use and Privacy Policy updated. 2.6. Published content will be dated and should be considered up-to-date as of the publication date or update date.
2.7. Updates to user registration data, as well as removals of information from this data, are the sole responsibility of the users.
2.8. Data subjects have rights regarding the data processed by the Foundation, as detailed in section 8 of this Privacy Policy.
2.9. Data subjects who use the Foundation’s controlled environment, such as the course area and AVA (Virtual Learning Environment), will have their data maintained with the controls and security mentioned in section 13 of this Privacy Policy.
3.0. To exercise their rights, data subjects can contact our Data Protection Officer (DPO) directly via email: [email protected].
3. Regarding the use of websites
3.1. The user may not collect any data from third parties, including users, through the websites for commercial, advertising, or other purposes other than those of the regular and normal interaction proposed by the Perseu Abramo Foundation.
3.2. The collection and processing of users’ personal data by the websites will be carried out in accordance with the provisions of the LGPD (Brazilian General Data Protection Law), ensuring the security and privacy of the information collected.
4. User interaction
4.1. The Perseu Abramo Foundation has no knowledge of or control over content published by users or any other person in any discussion forums, social networks, or similar spaces, and is not responsible, under any circumstances, for its consequences. Therefore, the user will be solely responsible for the content they insert/share on the websites and for comments posted on social networks linked to content from the Perseu Abramo Foundation, which must respect morality, ethics, good customs, and the rights of third parties, as well as current national legislation.
4.2. Messages, texts, images, and the insertion of any type of indecent, prejudiced, disrespectful, discriminatory, injurious, slanderous, defamatory items, and/or items that violate the dignity, image, reputation, honor, morals, integrity, or any other right of any person, their nationality, ethnicity, political preference, or religion, as well as those that violate public order, good morals, and/or any current legal norm, and/or that constitute any kind of plagiarism, are prohibited on these websites and in environments linked to the Perseu Abramo Foundation on social networks or other spaces. In this case, the Perseu Abramo Foundation may remove such messages from the websites and social networks linked to it and even ban the user, regardless of prior notification. Website users are aware that they will be held legally responsible for any and all damages caused by the violation of these rules of conduct.
4.3. Event announcements published on websites that do not have the Perseu Abramo Foundation as the organizer are the sole responsibility of their advertisers, and any issues related to the services provided should be addressed directly with those responsible for the announcements. The Perseu Abramo Foundation is not responsible for the quality, safety, and delivery of services provided by third parties, considering that it only serves as a dissemination channel, with the advertiser (always named) being solely responsible for the service announcements registered and for the quality, safety, and delivery of the services and/or products offered.
4.4. The user is aware that the Perseu Abramo Foundation will report any and all lawsuits, litigation, and disputes in which it is involved due to content and conduct submitted or perpetrated by users or third parties, to the extent permitted by law, so as not to be a party to the lawsuit, litigation, or dispute.
4.5. The Perseu Abramo Foundation also reserves the right to sue any user for any actions arising from their conduct and submitted content. The right to hold the user who perpetrated the abusive conduct directly responsible is also granted, using all legally possible resources for this purpose. To this end, the Perseu Abramo Foundation will use registration data, as well as any other technical data that allows the user to be identified, and the user or affected third parties are hereby informed of this and may not claim any violation of privacy in these cases.
4.6. By using the Perseu Abramo Foundation website, the user declares that they will not: a) Publish inappropriate content or items; b) Infringe laws, the rights of third parties or internal policies; c) Post false, inaccurate, misleading, defamatory or offensive content against the Perseu Abramo Foundation, the Workers’ Party or any person; d) Distribute or post unsolicited spam, or mass electronic communications, chain letters or pyramid schemes; e) Distribute viruses or any other technologies that may harm the websites; f) Harvest or collect any information about users without their consent; g) Disrespecting intellectual property rights of published content.
4.7. By interacting in forums, social networks or other platforms linked to the Perseu Abramo Foundation, the user consents to the collection and processing of personal data provided during these interactions, in accordance with the LGPD (Brazilian General Data Protection Law).
5. Links to external content
5.1. These websites and communications sent by email from the Perseu Abramo Foundation may include links to third-party websites, which does not imply that the Foundation endorses, verifies, guarantees, or has any connection with the owners of those websites, and is not responsible for their content.
6. User Obligations
6.1. The user agrees not to collect or gather any personally identifiable information, including names, from website users, and must fully respect its Privacy Policy.
6.2. The user will always act in accordance with the law, good morals and in good faith.
6.3. The user agrees not to: a) Use any information or materials that are or may be: (i) threatening, embarrassing, degrading, hateful or intimidating; (ii) defamatory or libelous; (iii) fraudulent or unlawful; (iv) obscene, indecent, pornographic or otherwise objectionable; or (v) protected by copyright, trademark, trade secret, right of publicity or privacy or any other property right of any third party; b) Use any material that would give rise to civil or criminal liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as hacking and cracking; c) Use any virus, worm, Trojan horse, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or that may be or is intended to damage, hijack, disable, interfere with, or disrupt the operation of, or monitor the use of any hardware, software, or equipment; d) Disseminate any unsolicited or unauthorized advertising, promotional material, junk mail, spam, pyramid scheme, or investment opportunity, or any other form of solicitation not expressly approved in writing by the Perseu Abramo Foundation; e) Collect and use any personally identifiable information of another individual without that individual’s prior consent; and f) Collect and use any non-public material or information about a company without proper authorization to do so.
7. Use of Cookies and Similar Technologies
7.1. The Perseu Abramo Foundation websites use cookies and other tracking technologies to improve the user experience and collect information about their use.
7.2. Cookies are small text files that are stored on the user’s device. They help the Perseu Abramo Foundation remember user preferences and improve website functionality.
7.3. Users can choose to disable cookies through their browser settings. However, disabling cookies may affect the functionality of some parts of the site.
7.4. Detailed information about the use of cookies can be found in our Cookie Policy, available on the website.
8. Regarding responsibilities
8.1. The Perseu Abramo Foundation and the user are individually responsible for what is applicable to them as a result of what is established in these Terms of Use, each being liable, both civilly and criminally, for non-compliance with the applicable legislation in force, and are obliged to eventually indemnify the injured party and third parties who have suffered losses as a result of their action and/or omission.
8.2. The party that causes damage and/or losses to the other party by virtue of any condition established herein shall be liable, civilly and criminally, for said damages or losses, whether personal or material, caused to the other party or to third parties, by itself, its agents or employees, being responsible for the supervision, inspection, technical and administrative direction of the same, and shall be obliged to indemnify the total amount of damages caused.
9. Data Sharing
9.1. The Perseu Abramo Foundation may share personal data with public and private entities to comply with legal or regulatory obligations, execute contracts, or protect the legitimate interests of the data subject or third parties.
9.2. Data sharing will be carried out in accordance with the principles of necessity and proportionality, ensuring that only the data necessary for the specific purpose is shared.
9.3. In specific situations, the Perseu Abramo Foundation may share personal data with business partners, service providers, and other trusted parties, always ensuring that these entities comply with the data protection standards established by the LGPD (Brazilian General Data Protection Law).
9.4. An updated list of the entities with which we share data can be requested by contacting our Data Protection Officer (DPO).
9.5. Data subjects have the right to obtain from the Perseu Abramo Foundation, in relation to the data processed by it, at any time and upon request:
a) confirmation of the existence of processing;
b) access to the data;
c) Correction of incomplete, inaccurate, or outdated data;
d) Anonymization, blocking, or deletion of unnecessary, excessive, or unlawfully processed data;
e) Portability of data to another service or product provider, upon express request;
f) Deletion of personal data processed with the consent of the data subject;
g) Information on the public and private entities with which the controller has shared data;
h) Information on the possibility of not providing consent and the consequences of refusal;
i) Revocation of consent.
10. Notifications
10.1. All notifications from users of the Perseu Abramo Foundation must be made solely and exclusively through the contact channel with the website administration team. Responses to notifications will also be sent by email to the email address provided by the user, who hereby declares the validity of the personal and contact data present in the contact form with the website administration.
10.2. Notifications regarding the exercise of the rights of personal data subjects must be made through the contact channel specified on the websites. The Perseu Abramo Foundation undertakes to respond to these requests in accordance with the deadlines established by the LGPD (Brazilian General Data Protection Law).
11. Legal Bases for Data Processing
11.1. The processing of personal data by the Perseu Abramo Foundation is carried out based on the following legal bases:
a) Consent of the data subject;
b) Compliance with a legal or regulatory obligation;
c) Execution of public policies;
d) Conducting studies by a research body;
e) Execution of a contract or preliminary procedures related to a contract to which the data subject is a party;
f) Regular exercise of rights in judicial, administrative or arbitration proceedings;
g) Protection of the life or physical integrity of the data subject or a third party;
h) Protection of health, exclusively, in procedures carried out by health professionals, health services or health authorities;
i) Meeting the legitimate interests of the Perseu Abramo Foundation or third parties, except in cases where the fundamental rights and freedoms of the data subject prevail and require the protection of personal data.
12. Final provisions
12.1. Any questions or requests related to these Terms of Use or the Privacy Policy of the Perseu Abramo Foundation must be submitted through the exclusive channel indicated on the websites.
12.2. Tolerance of any breach of any of the clauses and conditions of these Terms of Use shall not constitute a novation of the obligations stipulated herein, nor shall it prevent or inhibit the enforceability of the same at any time by the Perseu Abramo Foundation.
12.3. To resolve any doubts regarding these Terms of Use, as well as the use and content of these websites, the laws of the Federative Republic of Brazil shall apply, regardless of the country from which these websites are accessed. Any legal disputes or controversies arising from acts committed within these websites by users, including with respect to non-compliance with the Terms of Use and Privacy Policy or violation of third-party rights, shall be processed in the district of São Paulo/SP.
12.4. The Perseu Abramo Foundation is committed to complying with the General Data Protection Law (Law No. 13.709/2018) and will take all necessary measures to guarantee the security and privacy of users’ personal data.
13. Regarding the Security of Personal Data
13.1 The Perseu Abramo Foundation adopts appropriate technical and organizational measures to guarantee the security of users’ personal data, protecting it against unauthorized access, loss, destruction, or any form of inappropriate or unlawful processing through continuous system monitoring to mitigate threats and restricted access control to data, ensuring that only authorized persons can access it.
13.2 The collected Data will be stored in a secure and controlled environment. However, considering that no security system is inviolable, the Perseu Abramo Foundation disclaims any liability for any damages and/or losses resulting from failures, viruses, or intrusions into the database of the websites, applications, and services offered, except in cases of bad faith or negligence. If the Perseu Abramo Foundation identifies that any of these situations have occurred, it will notify the affected users, informing them that there has been a breach of their Data and indicating that they should take appropriate measures.
13.3 The data obtained from the user may be stored on the Perseu Abramo Foundation’s own server or on a third-party server contracted for this purpose, whether located in Brazil or abroad, and may also be stored using cloud computing technology. The Perseu Abramo Foundation will ensure that third parties that may maintain the servers where the data is stored follow security and control standards in accordance with applicable legal standards.
