Definitions:
In this instrument, we understand the expressions below in accordance with the following definitions:
COMPANY: ZALF SISTEMAS LTDA, a limited liability business company, registered with the CNPJ (Brazilian National Registry of Legal Entities) under No. 24.013.399/0001-03, headquartered at Avenida das Águias, No. 450, Pedra Branca neighborhood, in the municipality of Palhoça/SC.
PLATFORM: Prolog, a web system and a system consisting of a mobile application, available for the Android operating system, on the Google Play store, offered by COMPANY and owned, operated and under the responsibility of COMPANY, where all USERS can view and use the services offered by COMPANY.
USER: an individual and/or legal entity registered on the PLATFORM, who accesses and/or uses the services offered by the COMPANY.
DATA PROCESSING: Under the terms of article 5, item X, of Law 13,709 of 2018 (LGPD, Brazil's General Data Protection Law), any operation carried out by the COMPANY with personal data of the USER, such as those relating to the collection, production, receipt, classification, use, access, reproduction, transmission, distribution, processing, archiving, storage, deletion, evaluation or control of information, modification, communication, transfer, dissemination or extraction.
Acceptance:
This instrument governs the conditions of use of the PLATFORM, being a contract between the USERS and the COMPANY. The use of the services offered through the PLATFORM expressly indicates that you agree to all the terms and conditions contained in this instrument and to the legal provisions applicable to the matter.
YOU UNDERSTAND AND AGREE THAT THE COMPANY WILL CONSIDER THE USE OF THE SERVICES PROVIDED AS ACCEPTANCE OF THESE TERMS AND OF ALL OTHER LEGAL PROVISIONS PERTINENT TO THE MATTER.
BY ACCEPTING THE TERMS OF THIS INSTRUMENT, THE USER EXPRESSLY AUTHORIZES THE PROCESSING OF THEIR DATA, IN ORDER TO ENSURE THE MAINTENANCE AND PROPER PERFORMANCE OF THE FEATURES OF THE PLATFORM.
THE USER HEREBY EXPRESSES THEIR FULL CONSENT TO THE SHARING OF THE DATA COLLECTED AND PROCESSED BY THE COMPANY, UNDER THE TERMS OF THIS INSTRUMENT, WITH OTHER COMPANIES THAT ARE PART OF ITS ECONOMIC GROUP, OR THAT ARE ITS SERVICE PROVIDERS.
If you DO NOT AGREE with the provisions set forth in this instrument, DO NOT access, view, download or use in any way any page, content, information or service of the COMPANY.
These terms are available for reading, at any time, on the PLATFORM, at https://prologapp.com/en/terms-of-use-and-services/.
Who we are and what we do:
ZALF SISTEMAS LTDA is a private company that provides an online PLATFORM, aimed at companies operating in the transportation segment, which makes it possible to optimize and automate procedures related to people management, fleet management, logistics management, safety and deliveries of the USER.
General conditions of use:
The COMPANY only makes available the PLATFORM that offers people management, fleet management, logistics management and indicator gathering services, its responsibility being restricted solely to the correct functioning of the PLATFORM and its features, in accordance with this instrument.
The COMPANY only licenses the PLATFORM to registered USERS, there being no other relationship of any kind between these parties, so that it is not possible to attribute to the COMPANY liability for any damage caused to other USERS, or to third parties, by acts arising from USERS during the use of the available features of the PLATFORM.
At the time of registration, USERS may use all the services made available on the PLATFORM, declaring, for this purpose, that they have read, understood and accepted all the provisions contained in these Terms of Use.
The USER undertakes to use the features of the PLATFORM in good faith, in accordance with the legislation in force, morals and good customs.
The USER expressly acknowledges that, through this instrument, they receive from the COMPANY the grant of a license to use the PLATFORM, which is non-transferable, sublicensing being prohibited, for use in national or foreign territory, for as long as the acceptance of these terms lasts, the use of the PLATFORM in disagreement with the provisions of this instrument being prohibited.
The USER is solely responsible for the security of their data through the use of their account on the PLATFORM; therefore, we recommend that such information not be shared with third parties and, if this information is, for any reason, lost or hacked, the USER must immediately inform the COMPANY, through suporte@prologapp.com, so that the issue can be resolved.
The USERS alone are liable for any damage caused to third parties, to other USERS, to the PLATFORM or to the COMPANY itself, arising from the use of the features of the PLATFORM.
USERS must not use the services available on the PLATFORM for any illegal, defamatory, discriminatory, abusive, offensive, pornographic, obscene, aggressive, insulting, humiliating, misleading, slanderous, violent or vulgar purposes or means, or for harassment, threats or the use of false identity, that is, any shady use that may harm the COMPANY, other USERS or third parties.
Under no circumstances will the COMPANY be held liable for any damage suffered by USERS due to any temporary unavailability of the PLATFORM.
The USER must have all the software and hardware necessary to access the PLATFORM, including, but not limited to, a computer/mobile device with Internet access, the COMPANY being responsible solely for making the PLATFORM available to the USER, under the terms of this instrument.
The use of the PLATFORM by USERS is conditional upon their prior registration, as well as upon compliance with the provisions contained in this instrument.
Registration
After subscribing to the services of the COMPANY, the USER, a legal entity, is registered in the system of the COMPANY together with its base of employees. From then on, the USER, an employee of the contracting legal entity, will access the PLATFORM using their CPF (Brazilian individual taxpayer ID) and date of birth, undertaking not to disclose this data to third parties and taking full responsibility for any use made of it.
The COMPANY reserves the right to use all valid and possible means to identify its USERS, as well as to request additional data and documents that it deems pertinent in order to verify the data provided. In this case, the use of the PLATFORM by the USER is conditional upon the submission of any documents that may be requested.
The USER may have access to the information collected and to information about the DATA PROCESSING carried out by the COMPANY, free of charge, by sending a request to suporte@prologapp.com, or through their registration on the PLATFORM, and may edit or delete it at any time.
The collection of the USER's data aims to identify them, as well as to enable them to use the PLATFORM correctly, and, with this, the COMPANY will be able to ensure the good quality of the licensed services.
By consenting to the terms of this instrument, the USER expressly declares to be aware that the collection of their data is essential for the proper functioning of the PLATFORM, hereby authorizing the DATA PROCESSING by the COMPANY.
The USER undertakes to notify the COMPANY immediately, through the contact channels maintained by the COMPANY on the PLATFORM, of any unauthorized use of their account. The USER will be solely responsible for the operations carried out in their account, since access will only be possible by using a CPF with a date of birth.
The USER undertakes to notify the COMPANY immediately, through the contact channels maintained by the COMPANY on the PLATFORM, of any knowledge of irregularities by other USERS that may cause damage to the USERS themselves of the PLATFORM, to the latter, to the COMPANY or to third parties.
Under no circumstances will the assignment, sale, rental or any other form of transfer of the USER's registration be permitted.
At its sole discretion, the COMPANY may delete, disable, set limits on the use of the service, suspend or block, indefinitely, without prior notice or compensation, registrations of USERS that are considered offensive or that infringe the terms of this instrument or the legislation in force.
The COMPANY reserves the right not to allow new registrations of USERS who have already been canceled, disabled, blocked, deleted or suspended from the PLATFORM. Furthermore, the creation of new registrations by persons whose original registrations have been canceled, blocked, disabled, deleted or suspended for violations of the policies of the COMPANY or of the legislation in force will not be permitted.
The COMPANY reserves the right to, unilaterally, without prior notice, consent or compensation, refuse any request for registration of a USER on the PLATFORM, as well as to cancel, disable, block, delete or suspend the use of a previously accepted registration.
By agreeing to this instrument, the USER declares to be aware that they are solely responsible for their registration, it being understood that any loss caused by the entry of outdated, inaccurate or untrue information cannot be attributed to the COMPANY or to the PLATFORM.
Features:
The PLATFORM offers USERS the following features, which may or may not be available, depending on the module contracted:
Home Page = the employee USER will check their registration data.
Dashboard = when consulting this page on the PLATFORM, the employee USER, with authorization, will have access to an overview of the operation.
People management = The PLATFORM offers the column called "People", enabling the employee USER, with authorization, to add data and check relevant information from the human resources area of the contracting USER.
Fleet = The PLATFORM offers the column called "Fleet", enabling the employee USER, with authorization, to carry out the entire management of the vehicles of the contracting USER, with the possibility of adding and modifying data that best meet their needs.
Delivery = The PLATFORM offers the column called "Delivery", enabling the employee USER, with authorization, to manage and follow up on delivery indicators.
Safety = The PLATFORM offers the column called "Safety", enabling the employee USER, with authorization, to view the reports of colleagues who felt their safety was threatened at some point during the performance of the services.
General = The PLATFORM offers the USER the column called "General", enabling the USER, with authorization, to obtain access to information not listed above.
The PLATFORM offers the USER a Help Center, whose service is provided by a chatbot. The USER may also be assisted on the PLATFORM by an employee of the COMPANY.
The COMPANY may, at any time, without the need for prior notice or compensation, edit and/or delete existing features, as well as add new features to the PLATFORM.
Technical support:
The COMPANY will provide support and maintenance services for the PLATFORM, remotely, from Monday to Friday, from 08:00 to 17:30, by telephone, e-mail, remote connections, communication programs and, when necessary and previously agreed, a visit to the headquarters of the USER.
The reporting of possible issues on the Platform, and requests for support and maintenance, will be made through an electronic system for opening technical calls/tickets, made available to the USER, at no additional cost, by the COMPANY, directly on the Platform.
The deadline for resolving technical calls opened due to system unavailability may be up to 48 (forty-eight) hours, without prejudice to the COMPANY extending said deadline, depending on the complexity of the technical issue.
The USER may request a visit from professionals of the COMPANY at their headquarters, in which case travel expenses (air and/or ground), meals and accommodation will be charged, if necessary, which must be budgeted in advance by the USER.
Payment methods:
The PLATFORM offers the USER payment via Boleto Bancário (Brazilian bank payment slip).
Privacy policy and data processing:
During the use of the PLATFORM by the USER, the COMPANY will collect and store the information provided by USERS, under the terms of this instrument, together with automatically generated information, such as the characteristics of the access device and of the browser, application access logs (IP, with date and time), information accessed, screens accessed, geolocation data, application history, among others, of the USERS, which will be stored in the database and also in the browser cookie.
The data collected from USERS by the COMPANY, through the use of the PLATFORM, will be used for the proper provision of services, for the purpose of improving the USER's browsing experience, as well as for advertising and statistical purposes.
The USER declares that they understand, accept and consent that all data collected through the PLATFORM be processed, under the terms of article 5, item X, of Law 13,709 of 2018, by the COMPANY or by third parties, these being:
- Amazon Web Services: https://aws.amazon.com/pt/privacy/
- Firebase: https://firebase.google.com/support/privacy?hl=pt-br
- Google Analytics: https://policies.google.com/privacy?hl=pt-BR
- HubSpot: https://legal.hubspot.com/privacy-policy
- Sentry: https://sentry.io/privacy/
- Microsoft Clarity: https://clarity.microsoft.com/privacy
- Mailjet: https://www.mailjet.com/privacy-policy/
- New Relic: https://newrelic.com/pt/termsandconditions/privacy
All data provided by the USER to the COMPANY, through the use of the PLATFORM, will be considered confidential by the COMPANY, which undertakes to make every effort to preserve the security of its systems in the safekeeping of such data, complying with the security standards established in Brazilian Decree No. 8,771/2016, such as:
- (i) Use of market-standard methods to encrypt the data collected, in addition to other standard forms of encryption, to ensure its inviolability;
- (ii) Use of high-technology software to protect against unauthorized access to the systems, which are considered controlled and secure environments;
- (iii) Provision of controlled access to personal data storage locations only to previously authorized and authenticated persons, committed to the confidentiality of such data, including through the signature of a confidentiality agreement;
- (iv) Application of authentication mechanisms for access to records capable of identifying the individual responsible for the processing of and access to the data collected as a result of the use of the PLATFORM;
- (v) Anonymization of the USER's data when shared with third parties that are not partners of the COMPANY; and,
- (vi) Maintenance of an inventory indicating the time, duration, identity of the employee or of the person responsible for the access and the file accessed, based on the connection and application access logs, as determined in article 13 of Decree No. 8,771/2016.
The data of USERS, collected by the COMPANY, through the use of the PLATFORM, may be shared with third parties, in the cases listed below:
- (i) For the protection of the interests of the COMPANY in the event of a conflict, including in lawsuits;
- (ii) In the event of corporate transactions and changes involving the COMPANY, in which case the transfer of the data will be necessary for the continuity of the services offered through the PLATFORM;
- (iii) By court order or at the request of administrative authorities that have legal authority to request it.
The COMPANY guarantees the USER, with regard to the processing of personal data, the following rights:
- (i) Confirmation of the existence of processing of their personal data;
- (ii) Access to their data collected by the PLATFORM, through their own login or upon request to suporte@prologapp.com.
- (iii) Correction of their data, if it is incomplete, inaccurate or outdated;
- (iv) Blocking or deletion of data that is unnecessary, excessive or processed in breach of the applicable Brazilian legislation;
- (v) Portability of personal data, to themselves or to a third party, upon express request made by the USER to the COMPANY, through suporte@prologapp.com;
- (vi) Deletion of personal data processed with their consent, provided that there is no legal requirement to keep it on record with the COMPANY;
- (vii) Obtaining information about public or private entities with which the COMPANY has shared their data; and,
- (viii) Information about the possibility and consequence of the USER not providing consent.
The USER may send an e-mail to suporte@prologapp.com, raising questions and/or requests related to their personal data.
The COMPANY may delete the personal data collected from USERS:
- (i) When the purpose for which they were collected is achieved; or when they are no longer necessary or relevant to achieving the purpose, according to the purposes described in these Terms of Use and Privacy Policy;
- (ii) When the USER revokes their consent, in cases where it is required, requesting the deletion from the COMPANY through suporte@prologapp.com; or,
- (iii) If so determined by a competent authority.
General provisions:
Any clause or condition of this instrument that, for any reason, is deemed null or ineffective by any court or tribunal will not affect the validity of the other provisions of these Terms, which will remain fully valid and binding, producing effects to their fullest extent.
The failure of the COMPANY to enforce any rights or provisions of these Terms will not constitute a waiver, and it may regularly exercise its right within the legal time limits.
All materials, patents, trademarks, registrations, domains, names, privileges, creations, images and all related and connected rights relating to the PLATFORM and developed by the COMPANY are and will remain the sole and exclusive property of the COMPANY, and USERS agree not to perform any act or deed that, in any way, harms the rights set forth herein, nor to claim any right or privilege over them.
The COMPANY may change this instrument at any time, and for this purpose it is sufficient for us to publish a revised version on our website. For this reason, we strongly recommend that you always visit this section of our Website and read it periodically. However, to contribute to a good relationship, we will also send an e-mail informing you about these changes.
This instrument constitutes the entire understanding between the USER and the COMPANY and is governed by the Laws of Brazil, with the courts of the city of domicile of the USER being elected as the sole competent forum to settle matters arising from this instrument, with express waiver of any other forum, however privileged it may be.