TERMS AND CONDITIONS
Thank you for taking the time to read this document. This website (“Website”) is offered to you by SOJITZ DO BRASIL SA, Avenida Paulista, 1842, Torre Norte, 21 st floor, rooms 215 to 217, São Paulo, SP, CEP 01310-200, Brazil (“Sojitz”).
These Terms and Conditions (“Terms”) regulate the access and use of this Website. Access and use of the Website are provided by Sojitz to promote our products and services and/or to communicate with Website Users for other purposes.
1. Acceptance of these Terms and Conditions
By visiting and/or using this Website in any way, the User accepts and agrees to be legally bound by these Terms and all conditions contained herein or referenced by them, as well as by any other additional terms and conditions established on the Website. If you DO NOT agree with these terms, you should NOT access or use this Website.
Questions regarding data protection and privacy can be consulted in our Privacy Statement or Cookies Policy made available HERE, which form an integral part of these Terms and Conditions.
2. Changes to the Terms and Conditions
Sojitz reserves the right to discontinue or make changes or updates related to the Website or its Contents at any time, without prior notice. Sojitz reserves the right to restrict, refuse or terminate anyone's access to the Website or any part of it immediately and without prior notice, at any time and for any reason, at its sole discretion.
Without prejudice to the provisions of the other clauses of these Terms, Sojitz authorizes any User to access and/or use this Website only for the purposes set out in these Terms. The User’s license may be revoked by Sojitz at any time. Under the law and these Terms, the User may not copy, use, transfer, rent, sublicense, alter, adapt, attempt to modify or alter the source code, perform reverse engineering operations, decompile or disassemble, in whole or in part, the content of the Website. Violation of these Terms may imply the withdrawal of the User’s license granted by Sojitz as well as the exercise of its rights, to the maximum extent possible permitted by law, in the event of any damage or requests for compensation from third parties.
4. User’s Acknowledgements
The User acknowledges and declares that:
a. has read and understood these Terms
b. shall refrain from reproducing, duplicating, copying, selling, reselling or by any means commercially exploiting the Website or its contents, or part of them, as well as refrain from using or reproducing the brands or any intellectual or industrial property rights of Sojitz or third parties;
c. will not publish or use false, insulting or defamatory information;
d. will refrain from using, directly or indirectly, the services or the Website for purposes contrary to the law or in breach of the provisions contained in these Terms;
e. will not propagate viruses, spyware, adware, rootkit, backdoor or Trojan viruses or other similar computer threats;
f. will not use software or other automatic or manual mechanisms to copy or access control of the Website or its contents.
All information (including, without limitation, texts, images, graphics, links, and other materials) contained on the website is provided "as is" and "as available". Sojitz and its subsidiaries, affiliates, partners, licensees and suppliers hereby do not grant, in accordance with applicable law, any warranty of any kind, express or tacit, including guarantees of merchantability, fitness for specific purposes, non-breach or, in relation to the operation of this website, content or user content. Neither Sojitz nor its subsidiaries, affiliates, partners, licensees and suppliers guarantee or make any statement that (i) the Website will meet your requirements, (ii) the Website will not be interrupted or that it is impervious to mistakes or errors, or that (iii) the results that may be obtained by using the Website (including all information and materials contained in the Website) will be correct, complete, accurate, reliable or will meet your requirements.
Sojtiz and its subsidiaries, affiliates, partners, licensees and suppliers shall have no responsibility for interruptions or lapses in the Internet, network or hosting services and do not guarantee that the Website or the services that make this Website available or the electronic communications sent by Sojitz are free from viruses or any other dangerous element.
All materials downloaded or obtained through this Website are at your own risk. The User will be solely responsible for any damage that may occur to his computer or loss of data that results from the download of such material.
In no event will Sojitz or any of its subsidiaries, affiliates, partners, licensees or suppliers be liable for any direct, indirect, consequential, punitive, special or incidental or other damages resulting from, arising from or in connection with access, use of or inability to access or use this website, content or user content, even though Sojitz is informed of the possibility of such damages, unless such damages result directly from intentional misconduct or fraud on the part of Sojitz.
If you live in a country or state that does not allow any of the above exclusions or limitations of liability or any disclaimer of warranties in Section 4 above, those exclusions or limitations will not apply to you. In that case, these exclusions or limitations will be restricted to the greatest extent permitted by applicable law.
This Website may contain hyperlinks to other web servers and systems that are not guaranteed to be checked for accuracy and that do not necessarily reflect Sojitz's opinions. Sojitz is not responsible in any way for the content of any website owned by third parties that is connected to the Website through a hyperlink, regardless of whether or not such hyperlink is provided by the Website or by a third party, in accordance with the Terms. Any hyperlink on our Website to any other website is not an endorsement of that other website and we make no judgment or guarantee regarding the accuracy, convenience or appropriateness of the content of any website to which the Website may be connected, and we assume no responsibility for with the same.
7. Trademarks and Logos
All Sojitz trademarks and logos on this Website are Sojitz trademarks and logos, with all rights reserved. All other trademarks on this Website are the property of their respective owners.
By entering the Website, you accept the ownership of Sojitz and agree to respect all copyright and/or proprietary rights in services and trademarks provided for by law. Use of this Website does NOT constitute a license to use any service or trademarks.
You must not save any part of the information published on this Website in any form, except for your personal and non-commercial use only. Any other use is expressly prohibited without the prior written authorization of Sojitz or the party designated as the provider of such information.
You must not modify, publish, transmit, participate in the transfer or sale, reproduce (except as provided above), create derivative works, distribute, execute, display or in any way exploit any aspect of this Website.
All information published on this Website (including but not limited to photographs, images, illustrations, articles or stories) and all related rights are protected by applicable copyright laws, and are owned or controlled by Sojitz and its related companies and licensees and/or the party designated as the provider of such information. You must comply with any additional copyright notices, information or restrictions applicable to information accessed through this Website. All rights in this information are expressly reserved by the owner of the applicable copyright.
You assume all usage risks and will indemnify and hold Sojitz, its directors, officers, employees and agents free from and against any and all damages, obligations, losses, costs and expenses, including reasonable internal and external attorney's fees, arising out of or related to the use of information or services offered and/or presented on this Website or any other website accessed by hyperlinks.
9. Governing Law
These Terms are governed by Brazilian law. The Parties elect the São Paulo Local Court in the State of São Paulo to settle all doubts and disputes resulting from these Terms, renouncing the Parties to any other, however privileged it may be.
Communications or materials transmitted to Sojitz through this Website or by e-mail on the Internet are transmitted on a non-confidential basis. All official correspondence related to this Website or destined for Sojitz should be sent only to: SOJITZ DO BRASIL SA, Avenida Paulista, 1842, Torre Norte, 21 st floor, rooms 215 to 217, São Paulo, SP, CEP 01310-200, Brazil.
11. General Provisions
If any of the provisions of these Terms are found to be void, invalid or unenforceable, such decision will not affect the validity of the remaining provisions, which will continue to be effective and take effect.
SOJITZ DO BRASIL S.A. (“Sojitz”, “we”, “us” and “our”) is committed to protect the privacy of its customers, employees and partners, as well as to ensure that all Personal Data processed by Sojitz is processed in accordance with the legal standards of protection and security required by the Data Protection Laws.
This Privacy Statement is intended to inform users of our Website, https://www.sojitz.com.br, about the types of information we collect from you, and how that information will be used and protected. We ask that you read this Privacy Statement carefully so that you understand your rights in relation to your personal information. This Privacy Statement only governs your activities on our Website and does not govern activities that are offline or unrelated to the Website.
Any terms in Capital Letters in this Privacy Statement shall have the meaning ascribed to them in the Brazilian General Data Protection Law (Federal Law No. 13.709 / 2018, “LGPD”).
Dúvidas relacionadas a esta Declaração ou solicitação de informações adicionais devem ser enviadas ao nosso Encarregado de Proteção de Dados (“DPO”). O DPO é a pessoa indicada pela Sojitz que atua como canal de comunicação entre a Sojitz, os Titulares e a Autoridade Nacional de Proteção de Dados (“ANPD”), sendo o profissional responsável por informar e aconselhar a Sojitz.
Questions relating to this Privacy Statement or additional information request should be sent to our Data Protection Officer (“Encarregado de Proteção de Dados” or “DPO”). The DPO is the person appointed by Sojitz who acts as a communication channel between Sojitz, the Data Subjects and the Data Protection National Authority (“ANPD”), and is the professional in charge of informing and counselling Sojitz.
1.1 Sojitz’s DPO is Personal Data Protection Management Committee (“Committee”) and can be contacted by the email firstname.lastname@example.org.
HOW WE PROCESS YOUR PERSONAL DATA
We set out below the categories of individuals about whom we collect and process Personal Data and a description of the types of Personal Data that we may collect from them:
We may ask you to supply Personal Data at certain points on our website, such as your name, email address and other information. The Personal Data that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your Personal Data. For example, we may ask you to provide your contact details when you enquire about particular products and/or submit enquiries to us. We will then use the information we have collected to respond to your enquiries or requests.
We also collect any information you may choose to provide in your communications with us. Such information may be used to facilitate activities in the course of our business. We may combine such information with other Personal Data we collect.
Information collected automatically about our website users and Cookies
In addition to the information you knowingly provide, we may collect certain information automatically from your device. In some countries, including Brazil, this information may be considered Personal Data under applicable Data Protection Laws. Specifically, the information we collect automatically may include domain names, your IP address, device type, unique device identification numbers, broad geographic location (e.g. country or city-level location), along with usage statistics (e.g. types of web browsers and operating systems used) and browsing history (e.g. how your device has interacted with our website, including the pages accessed and links clicked).
Collecting this information enables us to better understand the visitors who come to our website, where they come from, and what content on our website is of interest to them. We use this information for internal analytics purposes and to improve the quality and relevance of our website to our visitors.
Servers hosted by third party service providers (which may be located outside Brazil) automatically log data about your visit to our website based on your IP address. Sojitz uses this information to see where the website is being used in the world and to ensure seamless coverage.
We may collect Personal Data (including your CV) if you provide it via the
“Contact Us/Jobs” page of the Website, through your online recruitment
account (“Account”) on our Website. Your account requires a valid email
address as a login, along with other personal information, such as your name and professional experience. Your information may be used by Sojitz for recruitment purposes.
You can also provide details of references. Please note that you are responsible for forwarding this Privacy Statement to your references and obtaining their consent, as well as for ensuring that your references are aware that your Personal Data will be forwarded and used by Sojitz for reference purposes.
Your information may be used by Sojitz for recruitment purposes and to notify you of current vacancies that match your qualifications and/or preferences, if you sign up on our Website and choose to receive such notifications. You can opt out of receiving job notifications if you wish by changing the notification options in your Account.
In general, we will use the Personal Data we collect from you only for the purposes described in this privacy statement or for purposes that we explain to you at the time of collecting your Personal Data. We consider the personal information we collect to be confidential and will use it only to the extent necessary to respond to your request and in the manner discussed herein. We will not reveal or disclose your personal information to third parties without your permission, unless (i) we are required to provide or disclose information by court order, or other governmental authority, (ii) in the manner permitted by law to protect rights or property SOJITZ DO BRASIL SA, our related companies, customers, the Website or other users, (iii) as required for the operation of the Website and handling of queries. However, we may also use your personal data for other purposes that are not incompatible with the purposes that we disclose to you (such as statistical purposes) if and where permitted by applicable Data Protection Laws.
Legal Basis for Processing Personal Data
If you are accessing our website from Brazil, our legal basis for collecting and using the Personal Data described above will depend on the Personal Data concerned and the specific context in which we collect it.
We will normally collect Personal Data from you only where we have your consent to do so, where we need the Personal Data to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect Personal Data from you or may otherwise need the Personal Data to protect your vital interests or those of another person.
If we ask you to provide Personal Data to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your Personal Data is mandatory or not (as well as notifying you of the possible consequences if you do not provide your Personal Data). Similarly, if we collect and use your Personal Data in reliance on our legitimate interests (or those of any third party), we will make clear to you at the relevant time what those legitimate interests are.
If you have questions or need further information concerning the legal basis on which we collect and use your Personal Data, please contact us via our DPO.
Personal Information Security
We have established certain electronic safeguards and adopted security, technical and administrative measures to protect personal information in our possession from unauthorized access and accidental or illegal situations of destruction, loss, alteration, communication or disclosure. The measures we take are designed to provide a level of security appropriate to the risk of processing your Personal Data.
However, the User must keep in mind that no transmission over the Internet is completely safe or infallible, and we cannot guarantee that this information, during transmission or under our care, will be absolutely safe against unauthorized invasion by third parties. We cannot guarantee the security of your data during transmission to our website; any transmission is at your own risk.
Sojitz shall not be held liable for any damages arising due to solely the fault of third parties, such as in the event of an attack by hackers or crackers, or when the Data Subject is solely responsible, such as in the case where the Data Subject transfers their data to third parties or exposes their Personal Data to third parties.
Data Subjects’ Rights
Data Subjects have the following rights in regard to your Personal Data processed by Sojitz, upon request:
- The right to know about Sojitz’s processing of your Personal Data and to verify whether that processing is lawful.
- The right to request access to your Personal Data under Sojitz’s control.
- The right to request Sojitz to rectify your Personal Data if it is incomplete,
inaccurate, or out-of-date.
- The right to request Sojtiz to anonymize, blocks access, or delete any
unnecessary or excessive Personal Data, as well as any Personal Data processed in noncompliance with the provisions of the Data Protection Laws of Brazil.
- The right to request the portability of your Personal Data to another service or product provider, subject to commercial and industrial secrecy, and pursuant to the regulation of the ANPD.
- The right to withdraw consent at any time. Withdrawing consent will not affect the lawfulness of any processing we conducted prior to withdrawal, nor will it affect processing of Personal Data conducted in reliance on lawful processing grounds other than consent.
- The right to request the deletion of your Personal Data, within the scope andtechnical limits of the activities, when you withdraw your consent and there areno other legal grounds for processing it.
- The right to oppose the processing carried out based on one of the situations of waiver of consent, if you believe there is noncompliance with the provisions of LGPD.
- The right to request review of decisions taken solely on the bases of automated processing of Personal Data that affects your interests, including decisions intended to define your personal profile or aspects of your personality.
- The right to come directly to Sojitz for resolution of a complaint. We encourage and welcome you to come to Sojitz first to seek resolution of any complaint. You also have the right to petition against processing of your data by a Sojitz entity before the relevant supervisory authority. If applicable, the Data Subject may also petition, regarding your data, before consumer-defense entities in Brazil.
You may exercise any of the above rights free of charge through an express request to Sojitz via our DPO. Requests should be made in writing and preferably, electronically. Requests can also be sent by post clearly marked for the attention of the DPO to Avenida Paulista, 1842, Torre Norte, 21 st floor, rooms 215 a 217, São Paulo, SP, CEP 01310-200, Brazil. Requests should clearly be marked for the attention of the DPO to ensure the request is routed correctly.
In some instances, you may be able to partially manage your requests themselves, for example, setting your cookie preferences.
Accessing our Website from outside Brazil
If you are visiting our Website from a location outside of Brazil, you will be connected through and to servers located in Brazil. All information you provide during your visit will be processed and maintained on our web server and other internal systems located within Brazil. The level of protection of Personal Data provided by other countries may differ from that offered by Brazil.
Transfers of Personal Data
Sojitz does not sell or transfer your personal data to third parties for marketing purposes.
In order to conduct our business, including marketing activities, we may need to share your personal data with other companies within the Sojitz Group, and/or third party service providers that process data on our behalf. When we do this, we will take steps to ensure that your Personal Data is protected, such as imposing contractual restrictions on the ability of the recipient to process your Personal Data and contractually requiring them to apply security measures to protect it.
Since the Sojitz Group operates globally, Sojitz may want to transfer your Personal Data to other countries. However, while it is in our control, Sojitz always seeks to ensure that your Personal Data receives the same level of protection as it would had it stayed within Brazil, including seeking to ensure that it is kept secure and used only in accordance with our instructions and for the agreed purpose(s). Sojitz has Binding Corporate Rules (“BCR”) to internally regulate data sharing within the Sojitz Group, including a description of the rights of Data Subjects and the protections and safeguards that will be applied to this sharing of Personal Data.
Our website may contain links to content or other functionality provided by third parties which is outside our control and is not covered by our Statement. If you access other websites using links or use other embedded functionality provided by third parties, the operators of those websites may collect information from or about you which will be used by them in accordance with their privacy statements or policies, which may differ from ours. We encourage you to read the privacy information provided by the operators of those websites. We do not accept any responsibility or liability for those policies.
Updates to This Statement
The present version of this Statement was last updated on [•].
We reserve the right to modify or otherwise update these rules at any time, especially to adapt them to the new regulations of the Data Protection Laws. We will notify you of material changes to this Privacy Statement by posting the revised Statement on our website with the date it was revised. By continuing to use our site after these changes, you acknowledge and agree that you have read, understood and accepted the changes.
Any revised Privacy Statement will apply only to information collected after the time the revised Privacy Statement comes into effect, and not to information collected based on previous privacy policies.
If you would like to contact us regarding this policy or our website, please contact us via our DPO by email at [•].