TERM OF FULL CONSENT – ARTICLE 7 AND 9 OF THE GDPR
Astrolink warns that if the user does not agree with the data provided in the documents below, he should not access our network.
Esapiens Tecnologia S/A is headquartered at Av. Desembargador Vitor Lima 260, Sala 815, in the city of Florianópolis, State of Santa Catarina (SC), CEP 88040-400, Brazil and controls its service network in accordance with Brazilian legislation, not being responsible for the adequacy of its services in other countries.
TRANSFER OF PERSONAL DATA TO THIRD COUNTRIES
By saying you are aware of the terms listed here, the User expressly indicates that he is fully aware and accepts (article 49, first paragraph, A, of GDPR) that his data will be processed in Astrolink’s country of origin, in this case, Brazil. This term of use is classified based on Article 46, second paragraph, A, of General Data Protection Law, as well as providing the official certificate through a competent body, European Data Protection Board, to ensure, once again, our commitment to security and transparency in the processing of the collected data.
THE CIRCUMSTANCE OF A PERSONAL DATA BREACH
Astrolink informs that, in case of a violation of personal data, it will notify the competent authority and the user, based on the provisions of article 33 of the GDPR, within 72 hours after becoming aware of it, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural person. Where the notification to the supervisory authority is not made within 72 hours, it will be accompanied by reasons for the delay.
1. INITIAL PROVISIONS AND GENERAL TERMS
We kindly ask that all Users take a moment to read this document before registering for our services, given that access to the Astrolink services depends on the acceptance of what is described herein, by clicking on the “Register” button.
All disputes or claims arising from the relationship between Astrolink and the User, although not contractual, will be governed by Brazilian legislation.
2. GENERAL RULES FOR USING THE ASTROLINK WEBSITE
To access and/or use any content or services related to the Astrolink website network, the User must:
a) Be responsible for any activity on the User’s account, and ensure that all information transmitted upon registration and at all other times is true, accurate, timely and complete;
b) Be aware that all information sent to Astrolink will be kept in a database for the time required to meet the purposes for which the personal data was collected. Except for mandatory custody provided for by law, the User has the right to demand the deletion of said data. In some situations, supported by legal principles, we will not be able, at the requested moment, to delete the data, but we will always present the justification in a transparent manner, through our personal data protection officer; According to article 39 of GDPR, the personal data protection officer (which may be contacted via the following email address: [email protected]) has the following functions: to inform and advise the controller or the processor and the employees who carry out processing of their obligations pursuant to this Regulation and to other Union or Member State data protection provisions; to monitor compliance with this Regulation, with other Union or Member State data protection provisions and with the policies of the controller or processor in relation to the protection of personal data, including the assignment of responsibilities, awareness-raising and training of staff involved in processing operations, and the related audits; to provide advice where requested as regards the data protection impact assessment and monitor its performance; to cooperate with the supervisory authority.
c) Use his or her account solely and exclusively for personal use, abstaining from selling, transferring, licensing or distributing his or her account, information on his or her friends, Username or any other rights related to it;
d) Be responsible for the secrecy, exclusivity and security of his or her password, using the privacy and security features available on the platform. The User is the only individual authorized to access his or her account;
e) Be solely responsible for his or her own conduct and for any information, material, file, text, image, video, photo, profile, audio, link and any other content or material that you enter, disclose or visit on the Astrolink network;
f) Know that the Astrolink network is not responsible for the content made available by third parties on its platform, given that, in view of the high volume of information that goes through the Astrolink network, and in the absence of any legal obligation in this regard, it does not and shall not carry out prior monitoring or filtering of the content made available by Users;
3. USER DUTIES AND SPECIFIC RULES ON SUBMITTED CONTENT
a) The User may send any type of material to Astrolink, which includes, but is not limited to, messages, texts, images and videos, as long as the material does not contain: Content considered illegal, according to European and Brazilian legislation, the legislation where you reside, or even the legislation from where you access Astrolink, considered separately, including, but not limited to, defamatory, abusive, obscene and discriminatory content;
b) Images with an email address or any mention of other website addresses, identifiers, logos and the like, as well as messages characterized as spam;
c) Images of any nature with demonstrations against the administration of the Astrolink network;
d) Messages or texts containing language considered offensive or inconvenient;
e) Unsolicited or unauthorized promotional materials, junk mail, chain letters and pyramid schemes;
f) Texts mentioning the contact address, whether via email, social network, instant chat or even any means of contact other than those provided by the Astrolink network;
g) Content that you do not own or do not hold a license for, as well as content that is not original or contains professional models or actors;
h) Images in which the name and/or brand of commercial establishments appear or that make identification possible;
i) Texts, images and photographs with erotic or pornographic content.
A User may use the information sent by other Users that are contained in the Astrolink network of websites, but only as long as this use is within the context and purpose of the Astrolink network; that is, to establish a network for teaching, promoting, studying and sharing information on Astrology, Esotericism and Self-knowledge, always respecting the data protection legislation in force.
The User must not use the Astrolink network to provide content that is considered illegal, offensive or otherwise not authorized by Brazilian legislation, by the legislation where he or she resides, or even by the legislation from which he or she accesses Astrolink, separately considered.
a) He or she is the owner or holder of the material or content published;
b) He or she is authorized to use or send the material so that it can be viewed by other Astrolink Network Users or publicly.
The User cannot:
a) Carry out any kind of trading activity on the Astrolink network;
b) Create or send emails, comments or other forms of commercial use (spam) or that embarrass other Astrolink Network Users;
c) Use domain names, brands, personal creations or website addresses in his or her Username or profile description;
d) Interfere with or interrupt the services of the Astrolink network or its servers by using mechanisms that are offensive to cybersecurity, such as denial of service attacks, unavailability of services, transmission of viruses, spyware, worms, malware or any other code of a harmful nature to the proper operation of the Astrolink network;
e) Create accounts on the Astrolink network by unauthorized means, including, but not limited to, the use of automated devices such as scripts, bots, spiders, crawlers and scrapers;
f) Add or extract contacts by illegal means or not expressly authorized by the platform, send or forward messages, or perform other activities using Astrolink without the express consent of those responsible for the website;
g) Restrict the use of the Astrolink network by other Users, as well as not encourage or facilitate the violation of these Terms;
h) Retransmit, in any way, the information found in Astrolink that has not been made available by other Users on other websites;
i) Copy or transfer in any way, in whole or in part, in any form, free of charge, for consideration, provisionally or permanently, the Astrolink tools or any of its features or contents;
j) Commercially use the brand, logo, name or trademarks of Astrolink;
k) Use information, data or perform actions that allow the identification or that identify a user of Astrolink for any purpose;
l) Act in such a way as to disrupt the good relationship between the Astrolink network and its Users and between them by means of improper conduct.
Except for the material that he or she submits, the User has no rights in relation to the page structure and the content of Astrolink networks and is not authorized to change, alter, modify or adapt anything related to the Astrolink network, or even create another website that may maintain the appearance of being related to this one.
Users not registered in the Astrolink will have limited access to the website.
b) Temporary or permanent content deletion;
c) Temporary or definitive deletion of the offending User’s profile.
When an infringement is duly proven, or in the absence of a defense within the timeframe, the User will not be entitled to any type of refund or indemnity if the penalty is the permanent deletion of his or her profile.
a) Comply with a legal rule or court order;
b) Prevent fraud;
c) Prevent or assist in the investigation of illegal acts, for security reasons of Astrolink or third parties;
d) Protect Astrolink and its Users from any damages.
The User assumes the risks of all material that he sends and is aware that the administration of the Astrolink network will not be responsible for his or her publications and that he or she may respond to administrative or judicial proceedings as a result of his or her activities. If the User violates these Terms, or even creates a risk or illegal exposure to the Astrolink network, the administration may cancel all services provided to the User, without any right to reimbursement.
If the account is closed, by the User's own will or by imposition of the Astrolink network, all profile data will be inaccessible to other Users and Astrolink administrators, being stored in the Database for the legal period of 6 months, counted from the last action on the account and then will be permanently deleted, according to the shortest legal time established by the GDPR.
5. REPORTING CONTENT OR USERS
6. ASTROLINK AND THE CONDITIONS OF THE PLATFORM
Astrolink will not be responsible for the use made by Users of the information on Astrology, Esotericism and Self-knowledge on the Platform. Regardless, it is worth highlighting that such information does not represent a clinical diagnosis/treatment, or a diagnosis/treatment of any nature, and must not be used by Users as medical, psychological, financial or any kind of guidance.
Astrolink will not be responsible for the conduct or any material sent by the User.
Astrolink is not responsible for interactions between Users, whether through messages, forum posts, chat or any other means.
Astrolink may limit the number of connections between the Users. The website may also limit the use of the services by the User or even prohibit him or her to contact other users through the services provided by Astrolink.
The Astrolink network may display links to other websites or third-party sources for information purposes, over which it will not have control, which is why it will not be liable for damages of any nature to the User due to the potential use of such data or access to said links.
Astrolink’s network will seek the optimal performance of its services, although it cannot guarantee that all functions will be accessible in an uninterrupted way. Astrolink does not offer any kind of guarantee regarding the quality, performance and functionality of its services.
Astrolink is not responsible for website malfunctions or reduced functionality due to inappropriate conditions arising from the use of improper equipment or because of problems with internet or telephony providers., and will not be responsible for any charges applied, if the User agrees to receive messages or notifications from Astrolink on his or her device.
Astrolink may delete, suspend, modify or even create new services, areas, screens, interfaces and architectures of its platform without informing the User.
Users who do not subscribe to Astrolink services and those whose subscription has expired or been suspended may have their access partially and/or totally restricted.
Astrolink will not be responsible for any type of information or even inaccurate content published by other Users.
Astrolink does not guarantee that its servers are free from vulnerabilities, malicious code, viruses or mechanisms that may damage computers and will not be held responsible for any damage that may occur to the User’s hardware and software systems.
Astrolink will not be responsible for the use of information made publicly available by the User or third parties on the Astrolink network, since all publication is the User’s responsibility. However, when it becomes aware of irregular actions, it will take the measures within its reach and notify the User.
7. USE OF THE ZODIAC/ASTRAL COMPATIBILITY TOOL (SYNASTRY)
Synastry is an exclusive resource for Subscribers to the Astrolink;
By clicking on the “View Compatibility” or “Synastry” button, available on the Astrolin network, the User will have access to the unlocked report that will be generated by the tool and the full calculation will be completed.
For the correct operation of the Synastry tool, it is essential that the User and the profile or additional astrological map with which the compatibility will be calculated have informed his or her data correctly, otherwise the report will not have the expected accuracy.
Astrolink is not responsible for inaccurate or untrue information provided by Users or added to the section “Extra Maps”, nor by the result generated by the zodiac compatibility tool (Synastry).
User is aware that the use of the Synastry tool is just to meet his or her astrological curiosity, comparing his or her profile with that of others Users registered or with any astrological map registered by the User in the “Extra Charts” area, then obtaining a report of astrological interactions.
The Zodiac/Astral Compatibility test carried out through Synastry by a User, with any profile or map, cannot, under any circumstances, be considered as a facilitation or incentive by Astrolink, an initiative or a desire of that User to relate to the target person of said test.
The User must clearly understand before using the Synastry tool that the astrological analysis is no guarantee of the potential relationship between two individuals.
Astrolink is not responsible for any relationships established between individuals based on the use of the Synastry tool.
The Synastry calculations, as well as the other calculations within the astrological scope, are as comprehensive as they are subjective, considering the different aspects and positioning used. It is the exclusive responsibility of the User to interpret and assimilate the information presented in the generated report.
The zodiac/astral compatibility report is based on the concepts of Synastry and considers various aspects and positions found in the intersection between the two astrological profiles to reach a plausible conclusion about the affinity of the energies in question. Such calculations and interpretations may vary from astrologer to astrologer and from system to system, and there is no unified consensus and accurate scientific measurements around the circumstances that are described.
Astrolink’s Zodiac Compatibility system uses just a few of the several concepts that can be used in a calculation of this scope. However, the tool may undergo changes and updates, although without the commitment by Astrolink to do so at any time. The results obtained in the reports may change during system updates.
The User has the option to block the Zodiac Compatibility tool in his or her personal profile, in addition to, if he or she wants, hide the descriptions and some information about his or her personal astral map in the public profile, leaving them available only for himself or herself.
The User, any time, has the option to re-enable the function and allow new tests to be carried out with his or her profile if it was previously disabled.
Zodiac Compatibility reports can only be viewed during the User’s subscription period.
The User understands that Astrolink cannot be held liable for any information discrepancies, failures or differences.
8. TERMS OF ACCEPTANCE
By accepting these Terms, the User agrees that Astrolink, its affiliated companies, officers, employees and agents are exempt from any legal, reparatory, indemnifying and criminal responsibility regarding any submitted content, including content that represents defamatory, offensive or illegal conduct by any third party.
Under no circumstances will the management of Astrolink, its affiliated companies, officers, employees or agents will be legally liable for any direct, indirect, incidental, special, or punitive damages resulting from:
a) Any errors, mistakes, expectations or content inaccuracies;
b) Personal or property damage of any nature resulting from your access to and use of this service;
c) Any interruption or end of transmission to the website;
d) Any bugs, vulnerabilities, malicious computer code or the like that may be transmitted to or through the website by any third party;
e) Any errors or omissions in any content, for loss or damage of any kind resulting from any content uploaded, emailed, transmitted or otherwise available through the Astrolink website;
f) Any actions taken by other users on the platform, and Astrolink is only responsible for investigating the reports made and taking the appropriate measures against the infringing User.
The User understands that he or she must defend, indemnify and hold Astrolink, its affiliated companies, officers, shareholders, employees or agents harmless against any claims, damages, obligations, losses, liabilities, costs or debts and expenses (including, but not limited to, attorneys’ fees and legal expenses) arising from:
a) Undue use of or access to the Astrolink website network;
c) Infringement of any third-party rights, including, but not limited to, any copyright, property or privacy right.
d) Legal proceedings filed by other Users against Astrolink and its parent company, as a result of the User’s actions, content or illegal practices on the platform.
9. TERRITORIAL RESTRICTIONS
The information provided within the Astrolink network may not be distributed or used by any person or entity that is in a jurisdiction or country that prohibits such conduct, as well as in those countries or jurisdictions that require Astrolink carry out some kind of registration. Astrolink has the right to limit the availability of all or part of the Astrolink network to any person, area or jurisdiction at any time and without reason.
Astrolink is headquartered in Brazil, controls its service network in accordance with Brazilian legislation and is not responsible for the adequacy of its services in other countries. Thus, the User who accesses the Astrolink network from abroad does so on his or her own initiative and is fully responsible for any violations of the legislation where he or she resides. Astrolink may limit the use of its services to non-residents in Brazil and restrict their access to any product without prior notice.
10. SUBSCRIPTION, RENEWAL AND CANCELLATION
Astrolink subscription gives access to tools and resources that are specially designed for those who subscribe to the service. The basic plans currently available are: a) Monthly; b) Quarterly; c) Semiannual. Other plans may be offered, according to the current promotional campaign on Astrolink.
Astrolink may offer different subscription plans, including promotional ones, with different conditions, values and limitations. Any changes to these terms will be informed to the User through notifications, via email or directly on the Astrolink website panel. Astrolink reserves the right to change, terminate or modify the subscription plans offered.
If the User has participated in any campaign that includes a promotion or discount in force for the first thirty (30) days of access, the amount charged for its renewal will be equivalent to the plan chosen upon purchase. To prevent this charge, the User must request the cancellation of the subscription anytime through our help center, available at: https://suporte.astrolink.com.br.
By purchasing his or her subscription on Astrolink via credit card and informing his or her payment details, the User authorizes Astrolink to charge the amount equivalent to the contracted plan. The User is responsible for the security in providing credit card data, ensuring that he or she is accessing the correct website, and from a secure device and/or network.
The automatic subscription renewal will take place until the User cancels the subscription to the service. The amount will be considered settled upon approval by the administrator responsible for the form of payment provided. The amounts due to Astrolink will be considered paid only with the approval confirmed by the administrator responsible for the payment method used by the User. Astrolink reserves the right to change the billing cycle, especially if it is not possible to charge the subscription amount from the chosen payment method on the day scheduled for this purpose. When there is not enough limit to charge the amount, new attempts will be made in a new cycle up to 30 days after the scheduled billing date.
Your subscription renewal date may change due to changes to your subscription. Astrolink may request authorization from your payment method to prepare the collection of the subscription fee or other service-related charges.
Payments are non-refundable and there will be no refunds or credits for partially used subscription periods. However, after cancellation, the User will continue to have access to the service until the end of the period already paid. At any time and for any reason, Astrolink may refund, offer discounts or other forms of consideration to any of its Users. The amount and form of such benefits, as well as the decision to issue them, are at Astrolink’s sole discretion. Their issuance will not grant the User any right to credits in the future for similar situations, nor will it force Astrolink to issue credits in the future under any circumstances.
If it is not possible to offset the full amount due from the payment method, whether due to expiration, insufficient funds or otherwise, and the User does not change the details of his or her payment method or cancel his or her account, the User will remain responsible for the total uncollected amounts payable and authorizes Astrolink to continue charging the payment method, which may be updated, which may change the dates of the renewal cycle. For certain payment methods, the financial institution offering the payment method may charge fees for international financial transactions or other fees. Check with the financial institution of your payment method for further details.
The User may request the cancellation of his or her subscription whenever he or she wants, and Astrolink does not refund or give credit for periods of subscriptions that may not be used by the User, and any right to regret does not apply to RENEWALS. Thus, subscription cancellation consists only of (i) non-automatic subscription renewal, and (ii) cancellation of future installments not yet settled. In this sense, the User will be allowed to enjoy the contracted plan until the final date, according to the amounts already paid to Astrolink upon cancellation, without any right to reimbursement for the cancellation.
To unsubscribe, the User must access the help center, available at: https://suporte.astrolink.com.br and submit his or her cancellation request. The deadline to complete the subscription cancellation is up to five (5) business days.
The Astrolink Platform Administrators reiterate the following: if the User cancels his or her subscription, he or she will continue as an Astrolink User (Non-subscriber User) and will have restricted access to the contents and services on the platform.
If the User disputes the purchase directly with the credit card company, under the allegation of ignorance of the contracted service (Chargeback), the same User will become a debtor on the Astrolink Platform and access to his or her profile account will be blocked, as well as use of the service through the existing account. The creation of a new account will be interrupted until the amount due plus a fine is paid by PIX (the Brazilian electronic payment system) or bank slip.
11. FINAL PROVISIONS AND FORUM
Astrolink and the User agree that, even before submitting any conflict to judicial analysis, they shall notify each other. Astrolink will send the notification to the last email address of the User and, if the delivery is unsuccessful, will be exempt from the obligation to notify the User. The User must send notification to the address on the company’s CNPJ (EIN).
All disputes or claims arising from the relationship between Astrolink and the User, although not contractual, will be governed by Brazilian legislation.
The forum of the district of Florianópolis/SC is elected and established for the resolution of eventual disputes.
The services offered by the Astrolink network are the responsibility of ESAPIENS TECNOLOGIA S.A., a legal entity registered with the CNPJ (EIN)/MF under No. 10.314.689/0001-82.
Amendments to these terms may be made through a simple update, and the User’s awareness of the new Terms will take place on the first access after the effectiveness of the new rules.
Any tolerance by Astrolink in relation to non-compliance with the provisions of these Terms will not constitute, under any circumstances, a waiver or novation, nor will it prevent Astrolink from asserting any rights established herein.