Parnity General Terms and Conditions

Modified on Fri, 01 Sep 2023 at 05:10 PM

USER AGREEMENT

 

1. Contract

1.1 By using our Services, you (the User) agree with these terms in their entirety. The use of PARNITY’s Services is also subject to our Privacy Policy, which covers our methods of collecting, utilizing, reproducing, transmitting, processing, storing, deleting, controlling, transferring, and handling all operations involving your personal information.

1.2 By registering, accessing, or utilizing our Services described below, you agree to honor a legally binding contract with PARNITY, even when our Services are utilized in the name of a company. If you do not agree with this contract, do not click on “Start for free” (or any similar option) and do not access or use our services in any way. If you wish to terminate this contract at any moment, it is only necessary to terminate your account and stop accessing or using our services.

1.3 PARNITY and you (the User) may terminate this Contract at any moment, without previous notice. In case of a termination, you (the User) lose the right to access and utilize the Services offered by PARNITY. PARNITY reserves its right to utilize any data, information, and evaluation collected up to that point; and the rights of other Users to share, at their own risk, your content and information thus far provided via the Service as copied or shared before termination.

1.4. This instrument will be celebrated exclusively between PARNITY and freight forwarders and by accepting and agreeing to this Term, the User confirms to be one.

1.5. In case of any false declaration, including if the User is not a freight forwarder the User will be excluded from all PARNITY’s services and will be liable for any damages caused.

1.6. This Agreement applies to any PARNITY’s website, services, and products, including trial periods, free or paid services/products, membership plans, as well as to applications (apps) and tools belonging to PARNITY.

 

2. Services

2.1. This Agreement applies to PARNITY’s website, as well as to applications (apps) and tools belonging to PARNITY, a network of worldwide Users that promotes the connection of independent freight forwarders to the benefit of its Users.

2.2. PARNITY clarifies that it merely provides a network to connect independent freight forwarders from around the world and that any business carried out between its Users is its sole responsibility.

2.3. The collection, usage, and sharing of your data as a visitor or User of our services will be subject to this Privacy Policy (which includes our Cookie Policy and other document referenced herein) and its updates.

2.4. Some of the Services (websites, applications (apps), and tools) that we offer are also regulated by complementary and/or specific terms. If you use any of these Services, complementary and/or specific terms will be made available for consent and will be made part of this Agreement.

2.5. PARNITY can, at any given time, create new incentive programs for its Users, which will be governed by its own rules, and disclosed on its website and platforms, for optional participation.

2.6. PARNITY will provide services on proper plans, according to conditions described on PARNITY´s website, applications, and tools. The User must access and use according to this Contract.

2.7. By joining one of the plans offered by PARNITY, by accessing the platform, or by using the services offered by the company, the User agrees to comply with the predictions of these Terms, and with PARNITY’s documents and their embedded policies.

2.8. The User has the non-exclusive, non-sublicensable, non-transferable (except as expressly and specifically permitted by PARNITY) right to use the services under this instrument, during the applicable subscription period, and only for the User’s internal business activities. As a result, it is forbidden to:

(I) Make the Service available to third parties or use it for their benefit;

(II) Rent, sublicense, resell, assign, transfer, distribute, practice time-sharing, or exploit the Service in a similar manner;

(III) Reverse engineer, copy, modify, adapt, pirate the Service, and attempt to gain unauthorized access to the Service, systems, platforms, or any other networks related to PARNITY

2.9. For PARNITY services and products, the following definitions shall apply:

Be listed: The possibility for other Users of the platform to find and access the company's public profile on the search result pages.

Searches: Searches include searches carried out by the User, within his profile, in the tool for searching for other companies.

Chat: When you access the profile of another company, a user can contact the company by sending messages via the “chat” option.

Forwarders management system: It is an instrument for the exclusive use of the User that will help him manage his partnerships. From it, the User will be able to insert data to support him in partnership management and decision-making, being able to gather, for example, his history with the established commercial partnerships, so being able to gather their partners’ evaluations and classifications through countries or modal systems created by the User and made for his exclusive viewing. This tool is based on data inserted by the User, so only the User can manage and view the tool. It is not related to the Network product or any other.

Trust Scan: Within another company’s profile, it is possible to view the Trust Scan area, which carries information about company certificates, documentation, and other credentials.

Certificate, documentation, and company credential information are provided under a company’s sole responsibility and do not create any liability for PARNITY.

Validation: Documentation and information sent by the User and included in the Trust Scan, enabling the Company to appear in the search tool (Searches). The “validated” information refers to Users who submitted the documentation and information required in the Trust Scan. The veracity and authenticity of such documentation and information are the sole responsibility of the Users themselves, with no certification, guarantee, or liability on the part of PARNITY.

Users: Users a company account can have. The updated sum required to associate a new User to an account may be consulted with PARNITY Support staff.

Human Close Support: It indicates a priority in receiving the assistance of the PARNITY Support staff compared to Users of other services.

E-mail checks: When the User accesses a profile and clicks on the e-mail icon to see an e-mail address of any direct Contact or quotation department, it is considered an e-mail check.

Guided onboarding: Every Paid User has the right to a virtual meeting of 01 (one) hour with a member of PARNITY's team when all details of how to use PARNITY's services will be explained.

Report Abuse: Feature included in all profiles, through which the User can send PARNITY reports about negative experiences with other Users.

Shield: The Shield is a protection service offered by PARNITY to its platform members, with an optional subscription, aimed at financially safeguarding the user in case of default by other members of PARNITY, under the terms and conditions described in this agreement.

Quotation System:  A functionality that allows users to request and send price quotes to other users within the PARNITY platform.

2.10. PARNITY, at its sole discretion, may decide to exclude Users who have received a high rate of negative reports.

2.11. The access to and use of PARNITY's services and products, as well as their tools and functionalities by Users are different as they depend on the specific rules of the service contracted by the User.

 

3. Changes

3.1. We may change this Agreement, the Privacy Policy, and the Cookie Policy at any time. In the event of any relevant changes, we will notify you through our services or other means, offering you the opportunity to review the changes before they become effective. Continued use of our services following the posting or communication of any changes implies your agreement to the updated terms.

 

4. Your User and accepted obligations

4.1. Users are account holders.

4.2. You agree to:

a) Always provide truthful and accurate information that does not violate intellectual property rights or any rights of others;

b) Choose a strong and secure password;

c) Keep your password safe and confidential;

d) Do Not share your User with anyone else;

e) Not transfer any part of your account;

f) Use your true name and true information in your profile;

g) Comply with the law and with our rules;

h) Not develop, support, or use software, devices, scripts, robots, or any other means or processes (including browser crawlers, plugins, and add-ons or any other technologies) to scan the Services or copy profiles and other data from the Services;

i) Do Not post content that contains software viruses, computer worms, or any other form of harmful code;

j) Not reverse engineer, decompile, disassemble, decrypt, or attempt to extract the source code of the Services or any related non-open source technology;

k) Not rent, hand over, lend, trade, sell/resell or monetize the Services or related data or access to them without PARNITY’s consent;

l) Not create deep links to our Services for any purpose without PARNITY’s consent; and not include, access, share, modify, or develop Application Programming Interfaces (APIs), or any other integration services, without the consent of PARNITY;

m) Not use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;

n) Do Not send spam to other Users.

4.3. In case of any suspicious activity of spam, the User will be notified. In case of recurrence, the User will be blocked.

4.4. You are responsible for all the validated information on your profile, as well as for everything that happens in your account unless you terminate the account or report any misuse. Violation of these terms will result in the interruption of Services and/or mandatory termination of your account.

4.5. The User expressly agrees to receive notices and messages from PARNITY, either through notifications sent via the platform/website/application(app), or through other available means of contact, such as email, phone numbers, or addresses. The contact information must be kept up to date.

4.6. According to the settings and configurations set by users, any information, document, or content provided and loaded may be viewed, copied, and used by other Users of the platform/website/app. At the sole discretion of PARNITY, with or without notice, such information and content may be viewed, treated, and removed to maintain the proper functioning of the website/platform/app.

4.7. If PARNITY identifies that its platform is being used by any company that is not a freight forwarder, your account will be immediately blocked.

 

5. Content posted online

5.1. PARNITY assumes no responsibility for the freshness, accuracy, completeness, or quality of the information, documentation, and content provided by third parties, including other Users, on its platform/website/app. PARNITY has the expressed right to change or supplement parts or whole pages, with or without notice.

5.2. The use of content, documentation, and information disclosed by other Users on the website/platform/app is at the Users’ own risk since such content is entirely provided by third parties (other Users) and PARNITY is not held liable for it.

5.3. Companies that appear in the results of searches carried out by Users with the information “Validated” are only those that sent the documentation and information required by the “Trust Scan”. The veracity and authenticity of such documentation and information are the sole responsibility of the Users themselves, with no certification, guarantee, or liability on the part of PARNITY.

 

6. References and Links

6.1. Regarding the usage of direct or indirect links to external websites outside the scope of PARNITY, it may only be held accountable if it has previous knowledge about the content and if preventing the sharing of any eventual illegal content is technically possible and reasonably expected. PARNITY has no authority over linked pages, their content, and their design, be it in the present or the future. Therefore, the content of linked pages altered posterior to their linking is expressly not connected to PARNITY. This declaration concerns not only links or references available on the Internet but also entries in discussion forums set by PARNITY. The responsibility over illegal, incorrect, or incomplete content and any damage resulting from such information lies on the proprietors of the external web pages that were referenced.

 

7. Intellectual Property Rights

7.1. PARNITY respects copyright and industrial property rights. By using our Services, you agree to comply with applicable law in all your publications.

7.2. All intellectual property rights involved in PARNITY’s website/platform/app and its Services are reserved for PARNITY.

7.3. The use of any websites, platforms, and other services offered by PARNITY does not give any party (User or non-User) ownership or right over such websites, platforms, and other services.

7.4. Except for PARNITY’s trademark and logo, the other trademarks and logos used in the services and the website/platform/app are trademarks of their respective owners.

7.5. Advertising/Marketing Disclosure - As per the User’s freely given consent, PARNITY may exercise its right to publish and use the name, image, and brand of any User on online lists and marketing campaigns with printed and/or electronic/digital materials as a means of publishing and advertising of the company, its platforms, and services, based on its own assessment, decision, and management.

 

8. Exclusion of Warranty

8.1. PARNITY IS EXEMPT FROM ANY RESPONSIBILITIES REGARDING ANY EXPRESSED OR IMPLIED WARRANTIES AND/OR DECLARATIONS, SUCH AS, FOR EXAMPLE, SALES WARRANTIES; SUITABILITY FOR A PARTICULAR PURPOSE; DATA ACCURACY. PARNITY DOES NOT GUARANTEE THAT THE SERVICES WILL ALWAYS WORK SAFELY OR WITHOUT INTERRUPTIONS OR ERRORS, AS IT PROVIDES THE SERVICES STRICTLY AS THEY ARE AND UNDER THEIR AVAILABILITY.

8.2. PARNITY MAY NOT BE HELD LIABLE BY ITS USERS, VISITORS, OR THIRD PARTIES FOR DAMAGES OF ANY KIND, AS ALL CONTENT MADE AVAILABLE ON THE WEBSITE AND ITS PLATFORMS IS PROVIDED EXCLUSIVELY UNDER THE USERS’ RESPONSIBILITY. ITS PRODUCTS ARE MADE AVAILABLE UNDER THE BEST TECHNICAL SAFETY STANDARDS.

8.3. PARNITY DOES NOT CONTROL OR GUIDE THE CONDUCT OF USERS AND THIRD PARTIES AND DOES NOT CONTROL OR GUIDE WHAT USERS AND THIRD PARTIES MAY PRODUCE AND DISCLOSE AS CONTENT. IT MAY NOT BE HELD RESPONSIBLE FOR MISCONDUCT, FOR CONTENT, AND FOR ANY EVENTUAL DAMAGE.

 

9. Plans

9.1. General Rules

PARNITY offers its Users distinct plans. Each plan includes devices and functionalities applicable to their corresponding version, available at the link https://parnity.co/pricing/, which is an intrinsic part of this agreement.

9.2. The updated list of devices and functionalities applicable to each plan can be checked by the User through the link https://parnity.co/pricing/.

 

9.3. Free trial

PARNITY can, at your sole discretion, offer the Users the ability to fully test paid plans free of charge. The free trial period is based on criteria established by PARNITY, always according to what is published on its platforms, and can be changed at any time without notice, so the User must check for updates regarding this item on the link https://parnity.co/pricing/. It is also worth noticing that:

(I) To begin the free trial period, payment data will be required, always before the start of the Service, during the registering of User information. By providing such data, the User agrees that PARNITY will automatically start charging him for a plan paid on the first day after the end of the trial period, repeatedly. If the User does not wish to be charged, he must cancel the paid subscription before the end of the trial period.

(II) If the User does not cancel the Paid Plan Subscription before the end of the Trial period, it will automatically be converted into a subscription. As a result, PARNITY is authorized to initiate the collection of subscription charges applicable to the chosen plan owing to the Service used thereafter, until the respective cancellation is made, being subject to the general rules relating to Plan cancellation.

 

10. Values and payment methods.

10.1. PARNITY may, at any time, change the price of the paid plans. In the event of relevant changes, we will notify the User through our services or by other means to offer him the chance to assess the changes before they take effect. Continued use of our services after the publication or notification of changes will imply agreement with the updated terms. The User can also follow all updates regarding pricing and plans through the link https://parnity.co/pricing/.

10.2. If the User does not agree with a price change, he can reject the change by canceling the Plan Subscription before the price change takes effect.

10.3 The updated values relating to each type of plan and additional fees for extra services should be consulted at the following link: https://parnity.co/pricing/.

10.4. The frequency of the charges will depend on the type of subscription chosen by the User at the start of the Service.

10.5. In some cases, the payment date may be changed, for example, if the period of paid subscription starts on a day that does not exist in a given month. The date of the next payment can be checked by accessing the link: https://parnity.co/internal/settings/my-profile/, submenu "Billing".

10.6. PARNITY may request, in advance and different ways, authorization for the value of the subscription and/or services.

10.7. The User remains responsible for any unpaid charges.

10.8. If payment is not successful, for whatever reason, and the User has not canceled the service, PARNITY can interrupt the User’s access to services until payment is confirmed.

10.9. PARNITY may, at its discretion, offer discounts and other benefits to new Users or to Users who have already hired its services.

10.10. The paid plan will be automatically renewed at the end of the applicable subscription period.

10.11. By hiring the paid plan, the User authorizes PARNITY to automatically charge for it, depending on the plan and the chosen payment method, until cancellation is done, being the User the sole responsible for any taxes and charges on transactions.

10.12. Only 01 (one) promotional coupon will be allowed per company.

10.13. If the User wishes to upgrade the paid plan, PARNITY provides its own discount, considering any charges that have already been paid by the User regarding its previous plan, proportionally to the period that has already been used.

10.14. To solve any issues, the User must send a message to PARNITY Support. Our team will make every reasonable effort to respond to demands within a reasonable time.

 

11. Hiring plan 

11.1. The activation of the User’s access to paid plan functionalities occurs upon confirmation of hiring and of payment, the following particularities being respected:

(I) For Users who opt to pay by credit card, confirmation of hiring takes place when payment is confirmed;

(II) For Users who opt to pay by bank transfer, confirmation of hiring takes place at the time of their adherence to the plan. In this case, release is done upon submission of proof of payment to the PARNITY staff through e-mail, within 24 (twenty-four) working hours starting from adherence to the plan. If proof of payment is not identified, the PARNITY team will contact the User so that any problems can be solved, and access to the platform will be immediately blocked and only re-established after payment confirmation.

11.2. Regardless of the form of payment, if there is any problem with payments made by the User, access to the platform will be immediately blocked, only being re-established when the funds are confirmed to have been received.

11.3. In cases of payment via bank transfer, if the amount received by PARNITY is lower than that contained in the invoice sent to the User, PARNITY will issue a new charge corresponding to the remaining amount for payment, exclusively, via credit card. If the remaining amount is not paid, the duration of the contracted plan will be reduced proportionately, according to the amount received by PARNITY.

11.4. Whenever the User utilizes a third-party payment processing network (such as, for example, a payment agent), the User will be fully responsible for the payment of all associated charges and costs.

11.5. Forbidden Companies – PARNITY paid plans can not be contracted by companies based in the countries/territories included on the list released by the “OFAC” (Office of Foreign Assets Control) of the United States Government (link: https://home.treasury.gov/policy-issues/office-of-foreign-assets-control-sanctions-programs-and-information).

 

12. Blocking access to the plan.

12.1. User access to the plans may be blocked in case of non-compliance with the general rules and obligations stipulated by these Terms and other binding documents, such as PARNITY’s “User Agreement.”

12.2. If PARNITY identifies that its platform is being used by any company that is not a freight forwarder, the account will be immediately blocked.

12.3. The User is forbidden to engage in any spam activity.

12.4. In compliance with PARNITY anti-spam policy, the number of contacts a User can make during a day is limited to 20 (twenty).

 

13. Plan cancellation.

13.1. If the User wishes to cancel the paid plan to which he has subscribed, there will not be refunds, under any circumstances.

13.2. There will not be refunds in cases of Users being excluded.

13.3. In addition to all the exclusion hypotheses provided in these terms, any breach of any obligation and clause contained in PARNITY's instruments shall also be understood as a cause for the exclusion of PARNITY, its products, and services.

13.4. In case of cancellation, the preservation of User access will be respected during the respective validity period of the contracted paid plan. That is, access will be terminated on the day after the last day of the subscription period for the contracted paid plan.

13.5. If there is no cancellation on the part of the User and if the User is not excluded, plans will be automatically extended after the last effective day of the original period.

 

14. Shield

14.1. Definition and general terms 

14.1.1. Shield is a protection service offered by PARNITY to its platform members, with optional membership, aimed at financially safeguarding the user in case of default by other members (s) of PARNITY, under the terms and conditions described in this clause and this agreement.

14.1.2. Shield can be hired at any time by platform members, based on the values and hiring conditions described in this agreement and available on PARNITY's website.

 

14.2. Operation and procedure:

(I) In the event of default against the Shield contracting User, the User must, within the first 60 (sixty) days following the due date of the unpaid invoice, make at least three administrative collection attempts with the debtor company.

(II) After fulfilling the requirements stipulated in item "(I)" above, the User has a maximum of 30 (thirty) days to file a formal claim with Shield channels regarding the default.

(III) After receiving the claim, the request will be analyzed by PARNITY within 7 (seven) days. If any information or document that has been requested from the User has not been sent or clarified, the claim will be automatically denied, and the User will be prohibited from making a new request regarding the same event.

(IV) If the complaint is accepted, PARNITY will have a period of 60 (sixty) days to mediate the payment of the debt by the debtor company.

(V) If the debtor company remains in default, the claimant user will receive the reimbursement through Shield within 30 (thirty) days, according to the product rules and available refund options, as described on PARNITY’s website.

14.2.1. If the overdue invoice is paid by the debtor company during the mediation described in item "(IV)" of item 14.2, the defaulter user will receive a formal warning (referred to as a "strike") from PARNITY.

14.2.2. If the user receives three formal warnings  ("strikes") from PARNITY, they will be automatically excluded from the platform without prior notice.

14.2.3. If it is verified that the user who benefited from Shield has received restitution of the defaulted amount by any other means, such as, but not limited to, having contracted insurance for this purpose, having activated other products and services for protection against default, and/or by any other administrative, arbitral or judicial route, they will be expelled from the platform.

14.2.4. To apply for Shield's coverage, it is also necessary that:

(I) The completion of the transaction with another platform user has been previously reported to PARNITY, via email (shield@parnity.com) or on the Quotation System;

(II) If the companies are members of another platform similar to PARNITY, this information has been formally reported to PARNITY, at the time of the default claim;

(II) Both members involved in the default event (creditor and debtor) have an active membership for at least 180 (one hundred and eighty) days at the time of the due date of the invoice that is the object of the default claim;

(III) The involved parties (creditor and debtor) have an active membership at least 05 (five) days before the first quotation request that originated the default event and from the date of submitting the formal claim to PARNITY;

(IV) Shield contracting user has the Shield services contracted and active at the time of the quotation request that originated the default event, and at least 60 (sixty) days before the date of the claim.

14.2.5. In case of exclusion from the platform, the User will be removed from all PARNITY services, and shall: i) be subject to a penalty; ii) have no right to any kind of refund; iii) settle the default or reimburse the amounts improperly received; iv) and be held responsible for any losses and damages caused.

14.2.6. If any condition described in this term has not been complied with, especially those delimited in item 14.2.4, the claiming company is expressly warned that the right to reimbursement and/or coverage via Shield will be automatically denied, without prior notice by PARNITY.

 

14.3. Refund

14.3.1 The claimant user may choose the most convenient refund method among the options described below:

(I) in cash, by transfer to the bank account indicated by the claimant user, deducting the bank fees applicable to the transfer of the amount; or 

(II) through credits to be used in contracting products and services from PARNITY.

14.3.2. The claimant user acknowledges the accuracy of the bank data provided to PARNITY. PARNITY shall not be held responsible in any way for any inaccuracies in the bank data provided by the user, who shall bear all responsibility resulting from such error.

 

14.4. Coverage 

14.4.1. The maximum coverage ensured by the Shield is up to $10,000.00 (ten thousand dollars) per service contractor; and up to $5,000 (five thousand dollars) per default event.

14.4.2. The limits stated in item 14.4.1 apply to each period of validity of the Shield contract. 

14.4.3. The coverage limits may be unilaterally changed by PARNITY as convenient, in which case such changes will be duly communicated to the Platform's users.

14.4.4. Shield operates based on a reserve of funds established to settle default events covered under the terms of this Agreement.

14.4.5. The amount paid by Users at the time of hiring Shield is composed of two different natures: i) a fee for the services; ii) the composition of a financial fund. 

14.4.6. In the event of any default being covered by Shield, the total amount of the fund will constitute the coverage limit.

14.4.7. If the company Shield’s User has subsidiaries in the same country, all events related to the headquarters and its respective subsidiaries will be covered, always related to the coverage limit defined in item 14.4.1, which will be applied jointly to the headquarters and its subsidiaries. However, if the company has subsidiaries in other countries, each foreign subsidiary must contract Shield at its own discretion to be able to receive the coverage.

14.4.8. The maximum coverage provided by Shield will be limited to 50% (fifty percent) if the companies involved in the transaction that originated the claim are members of another platform similar to PARNITY. Therefore, this condition must be formally reported at the time of the default event claim, under penalty of non-coverage of the service, and do not have the right to demand any refund for losses or damages.

14.4.9. Shield covers one default per debtor company, during the entire contracted period, even if the contract is renewed. Therefore, the creditor company can only file one claim related to the same debtor company, even if after the first default, the business relationship continues and another default occurs.

14.4.10. The following costs are not covered by Shield’s protection service:

(I) Cost of the cargo, and transported goods, lost or damaged cargo, or cargo containers, or any cost associated with the destruction of cargo, under any circumstances; 

(II) Interest rates, fines, and/or any charges due to default, considering that the is limited to the principal value of the default event; 

(III) Values related to storage, detention charges, fines, penalties, taxes, or fees; 

(IV) Shipments or movements to/from or through sanctioned countries;

(V) Procedural costs of any nature and/or legal services.

14.4.11. The situations described below are not covered by the Shield:

(I) Losses already covered by insurance contracted by the user; 

(II) Losses suffered by agents who are not platform users or clients of agents who are not platform users; 

(III) Losses from exchange rate fluctuations; 

(IV) Losses due to credit extension for charter rate and/or use of partial or complete charters; 

(V) Losses caused by the failure to obtain approval of the bill of lading document and/or bank release of the cargo; 

(VI) Losses occurred after the claim was opened, due to the continuity of the business relationship between the creditor user and the debtor, during the processing of the claim; 

(VII) Losses when one or both negotiating parties had or should have known that the movement, content, and/or any other aspects of the transaction were illegal; 

(VIII) Losses from acts of third parties, such as fraud, and/or other illegal conduct; 

(IX) Losses from any decision of national, regional, or local authority resulting in the confiscation and/or seizure of the cargo; 

(X) Losses arising from any political event, economic difficulty, and/or legislative measure that hinders or delays payment transfer; 

(XI) Losses arising from wars, rebellions, riots, civil commotion, and/or natural disasters; 

(XII) Transactions between subsidiaries of the same company; companies that share the same owners; companies of the same economic group; or companies that are successors of the same predecessor; 

(XIII) Transactions between companies suspended and/or excluded from Parnity, after suspension and/or exclusion; 

(XIV) Transactions between or to countries with any type of restriction related to the transportation of goods.

(XV) Transactions with companies headquartered in the countries listed in clause 11,  item 11.5; and with companies headquartered in countries/territories where Shield is suspended, according to the list on PARNITY´s Website.

(XVI) Claims related to invoices issued 30 days after the departure of the goods, if the claiming company is an originating agent (responsible for sending the cargo); or claims related to invoices issued after the 30 days following the receipt of the cargo, when the claiming company is the receiving agent (who received the cargo).

 

15. Privacy and Data Processing Policies

15.1. Data protection is of special importance to PARNITY. Use of PARNITY's services is essentially possible without the insertion of personal data. However, if a data subject wishes to use our company’s special services through our website/app/platform, processing personal data may be necessary. If processing personal data is necessary, we will do it only with the prior consent of the data subject, which is revocable at any moment.

The processing of personal data, that is, any transaction performed with any information related to a natural person or legal entity that can be identified from the collected data, such as name, address, email, or telephone number, will always occur under the General Data Protection Law of Brazil (Lei Geral de Proteção de Dados do Brasil  - Law nº 13.709/2018).

The data processing done by PARNITY exists to ensure the operation of its Services and to preserve the best technical and safe practices.

Through this privacy policy, PARNITY aims at informing the public about the nature, scope, and purpose of the personal information we collect, use, and process. In addition, data subjects are informed of their rights under this privacy policy.

PARNITY, being a controlling company, enforces technical and organizational measures to ensure the most complete protection of personal data processed through this website/platform/app and therefore will not be held liable in the event of damage arising from the sole fault of the data subjects or third parties.

 

15.2. Definitions

PARNITY's privacy policy is based on the terminology used by Brazilian law and the regulatory agency. Our privacy policy is intended to be easy to read and understand for both the public and our Users or non-Users. To ensure this, we would like to explain the terminology. Among other things, we use the following terms in this privacy policy:

a) Personal data

Personal data refers to any information relating to an identified or identifiable natural or legal person. An identifiable person is a natural or legal person who, directly or indirectly, in particular by association with an identifier such as a name, identification number, location data, calling line identification, or other special characteristics, expresses the characteristics of a particular natural or legal person.

b) Data subject

The data subject is any identified or identifiable natural person or legal entity whose personal data is processed.

c) Data processing

Processing means any operation or series of operations performed with or without the aid of automated procedures regarding personal data, such as collection, production, reception, classification, use, access, reproduction, transmission, distribution, treatment, archiving, storage, exclusion, evaluation or control, modification, communication, transference, diffusion, or extraction.

d) Pseudonymisation

Data subjects are made unidentifiable by the use of reasonable technical means available at the time of processing.

e) Controller

The person who is responsible for decisions regarding the processing of personal data.

f) Processor

The person who processes personal data on behalf of the controller.

g) Representative

The person appointed by the controller and the operator to act as a liaison between the controller, data subjects, and the National Data Protection Authority (Autoridade Nacional de Proteção de Dados (ANPD).

h) Consent

Free, informed, unambiguous statement by which the data subject agrees to the processing of his data for a particular purpose.

 

15.3. Controller identification and contact details

PARNITY TECNOLOGIA LTDA, legal person registered under CNPJ number 39.696.072/0001-50, headquartered at Rua da Paisagem, No. 240, Room 21, Vila da Serra neighborhood, Nova Lima, State of Minas Gerais, contact: e-mail: hello@parnity.co

 

15.4. Purpose, method, and duration of data processing

To utilize PARNITY’s services, interested Users may sign up, providing at that moment his/her data, if he/she wishes.

Therefore, data processing will have the sole purpose of enabling PARNITY’s services to be provided with excellence, for the benefit of all Users, enabling the operation and integration of its free network that connects independent freight forwarders with Users throughout the world, in addition to all the Services and Products offered by PARNITY.

Data sharing between Users may be necessary to optimize the flow of information between Users under their own exclusive interest.

PARNITY's Data Processing also aims to ensure Users a more personalized and consistent experience by verifying how Users utilize the Services and Products to optimize the operation of their platforms; by promoting actions to help Users find other possible freight forwarders (Users or Platform Visitors) of interest; communicate with Users by sending notices, suggestions, and special content; customize services and Products; verify accounts and activities to prevent and combat harmful conduct and other negative experiences; and check when the User needs help.

The use of data and eventual sharing is made upon the prior consent of the User, a permission that is effected following the User’s agreement to this Term, through “Sign up free” (or a similar option). Consent is waived for data made public by the data subject or by third parties, as well as per the requirement of competent authorities.

The use of data is limited to what is strictly necessary for the accomplishment of a purpose. The use of data is always freely accessible to the data subjects and only lasts for the period during which services are executed.

Consent may be revoked at any time by mere communication, except for cases involving public data; PARNITY's rights to use the data, the information, and the assessments collected previously; other Users sharing, at their own risk, content, and information previously provided through the Service to the extent they were copied or shared before termination.

 

15.5. Cookies

PARNITY’s web pages use cookies. Cookies are text files stored on a computer system through a web browser.

Many websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique cookie identifier. It consists of a string of characters by which pages and web servers can be assigned to the specific web browser in which the cookie was stored. This allows visited websites and servers to distinguish an individual browser from other Internet browsers that contain other cookies. A specific web browser can be recognized and identified by its unique cookie ID.

By using cookies, PARNITY can provide Users of this website/platform/app with services that would not be possible without cookies.

Through cookies, the information and offers on our website/platform/app may be optimized for the User. Cookies allow us, as already mentioned, to recognize Users of our site. The purpose of this recognition is to help Users utilize our website. For example, the User of a website/platform/app that uses cookies does not have to re-enter credentials at each visit, as this is done by the website/platform/app and the cookie stored on the User's computer system. Another example is a shopping cart cookie in an online store. Via cookies, the online store remembers items that a customer has placed in the virtual shopping cart.

The data subject may prevent the usage of cookies through our website/platform/app at any moment via his/her web browser setting, which will permanently disable cookies. In addition, cookies already set may be deleted at any time through a web browser or other software. This is possible in all common internet browsers. If the data subject disables cookies in the web browser, not all functions of our site/platform/app will be fully usable.

 

15.6. Data collection and general information

PARNITY collects a range of data and general information each time the website/platform/app is accessed by an involved person or an automated system. This data is stored on server log files. The following can be detected: a) types and versions of web browsers, b) the operating system accessing the system, c) the website from which a system accessed our website/platform/app (called a referral), d) subsites e) the date and time of access, f) an Internet Protocol (IP) address.

By using this data, PARNITY does not conclude the subject matter of the data. This information is necessary to a) deliver the content of our website/platform/app correctly, b) improve the content of our website/platform/app and to improve advertising, c) ensure the continued operation of our information technology systems and the technology of our website, as well as d) provide law enforcement with the information necessary for prosecution in the event of a cyberattack. This anonymously collected data is statistically evaluated by PARNITY to increase data protection and data security in our company and to ensure an optimal level of protection of the personal data we process. Anonymous data from server log files are stored separately from all personal data provided by an involved person.

 

15.7. Contact by site

PARNITY’s website/platform/app contains information that enables quick electronic contact with our company as well as direct communication with us, including an email address. If an involved person contacts the data controller via email or via a contact form, personal data provided by the participant will be automatically saved. Such personal information voluntarily provided by the data subject to the controller is stored for processing or contact with the subject.

 

15.8. Exclusion of personal data and account deactivation

PARNITY processes and stores the personal data of the data subject only for the period necessary to achieve the purpose of such storage, or if required by national authorities, or by rules to which it is subject as a controlling company.

If the purpose of data processing ends, if the period prescribed by the Brazilian authorities and standards expires, or if the data subject revokes his/her consent, whichever comes first, personal data will be deleted under legal provisions.

Data exclusion varies by case and depends on factors such as the nature of the data, why it is handled, and the need for any relevant operational or legal retention.

Data and content that has been shared by other Users, however, concerns the account and responsibility of such Users.

PARNITY offers Users the option to simply deactivate their account. Such an option includes cases in which the User does not necessarily want to delete his/her account, but only temporarily stops using the Products or Services, in which case the data will remain stored and the account disabled.

The User’s data that is made public will be maintained.

Note that data exclusion does not restrict PARNITY’s ability to investigate any potential violations of the terms of this Agreement and the law; fulfill a legal obligation; or comply with a request from any judicial or administrative authority.

 

15.9. Rights of data subjects

The subject of the data assigned to processing is entitled, upon request through PARNITY's contacts, to obtain a) confirmation of the existence of such processing; b) access to the data; c) correction of incomplete, inaccurate or outdated data; d) anonymization, blocking, or exclusion of unnecessary, excessive or processed data in breach of the law; e) portability of data to another service provider, upon expressed request, in accordance with national authority regulations, in compliance with commercial and industrial secrets, except for data that has already been anonymized by the controller; f) exclusion of personal data processed with the consent of the data subject, except in the cases provided for in article 16 of the General Data Protection Law(Lei Geral de Proteção de Dados); g) information from public and private entities with which data was shared in use; h) information about the possibility of not giving consent and about the consequences of such refusal; i) withdrawal of consent at any time, with consequent termination of processing and exclusion of data; and (j) request reviews of decisions made solely on the basis of automated processing of personal data affecting their interests, including choices designed to define their personal, professional, consumer, and credit profile or aspects of their personality.

 

15.10. Right to information

Our help desk provides information about our services and is available to answer any additional questions.

 

16. Applicable law and choice of forum

16.1. The Parties acknowledge that this Agreement shall always be reviewed and enforced under Brazilian law.

16.2. The Parties elect the jurisdiction of the District of Nova Lima, State of Minas Gerais, Brazil, as the competent jurisdiction to process and settle any doubts or disputes arising from this document.

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