Terms of Use and Privacy Policy

Fundação Itaú Social sets forth in these Terms of Use and Privacy Policy the conditions for the use of its website and application by means of which the User shall be able to access the content, such as articles, news, images, videos, made available by Fundação Itaú Social, so as to clearly establish the obligations and responsibilities of the Users. 

Fundação Itaú Social may establish specific Terms of Use and Privacy Policy applicable to a certain Website and/or Application, which shall complement and/or prevail over these Terms of Use and Privacy Policy.

  1. 1.DEFINITIONS: For the purposes hereof, the following meanings are attributed:

    1. 1.1Internet Protocol Address (IP address): the code assigned to a Terminal of a network to allow its identification as defined according to international parameters.

    2. 1.2Internet: the system consisting of a set of logical, structured protocols on a global scale for public and unrestricted use aimed at enabling the communication of data between terminals through different networks.

    3. 1.3Password: a set of characters that can be made up of letters and/or numbers in order to verify the User's identity for accessing the Website and/or Application.

    4. 1.4Websites and/or Applications: websites and applications of Fundação Itaú Social through which the User accesses the content made available by Fundação Itaú Social.

    5. 1.5Terminals (or "Terminal", when taken individually): computers, notebooks, netbooks, smartphones, tablets, palm tops and any other device that connect to the Internet.

    6. 1.6Users (or "User", when taken individually): all individuals who use the Websites and/or Applications aged over 18 (eighteen) or emancipated and fully able to perform the acts of civil life or those absolutely or relatively disabled properly represented or assisted.

  2. 2.ACCEPTANCE OF THESE TERMS OF USE AND PRIVACY POLICY: When accessing the Websites and/or Applications, the User hereby fully agrees with and accepts the provisions hereof.

  3. 3.REGISTRATION: The Websites and/or Applications may have areas of both open and restricted content. For access to the restricted content, the User may be required to register in the Website and/or Application by creating a profile with a username and password and/or providing all or some registration personal details, such as: full name, address, e-mail address, taxpayer id number ("Registration Data"). Other Registration Data may be requested to identify the User and/or to access the Website and/or Application if needed to identify the User and/or for the User's access to the restricted content.

    1. 3.1The User is liable for the accuracy and veracity of the information provided and acknowledges that any inconsistency thereof may result in denial of access to the Website and/or use of the Application.

    2. 3.2The User assumes full responsibility for the safety, confidentiality and proper use of the username and passwords registered, thereby exempting Fundação Itaú Social from any liability.

    3. 3.3The username and Password shall only be used by the User registered and their sharing with any third person is expressly forbidden.

    4. 3.4The User is allowed to exclude, at any time, his account from the Website and/or Application, with the caveat that Fundação Itaú Social shall keep the information and/or details for compliance with any legal obligation and/or regulatory provision or in case of any court order with regard to legal and/or administrative proceedings and inquiry from any third party deriving from use of the Website and/or Application by the User.

  4. 4.PRIVACY

    1. 4.1CONTENT SENT BY THE USERS: Some Websites and/or Applications may allow Users to send and/or transmit contents, such as comments, messages, photographs, audiovisual works, trademarks, distinctive signs, interviews, texts, etc. ("Content") for dissemination in areas of open content of Websites and/or Applications. In such case, the User hereby declares to be aware and expressly agrees that his profile identity details as well as any Content sent and/or transmitted by him to the Website and/or Application can be accessed and viewed by other Users, in which case Fundação Itaú Social shall not be held responsible for such Content.

    2. 4.2INFORMATION OF THE USERS:

      1. 4.2.1There are 02 (two) ways to collect Users' information ("Information"): (i) by means of the registration made by the User himself on the Website and/or Application, as per subparagraph 3 and sub-items above ("Registration Data"); and (ii) by means of the use of cookies or any other technology that allows storing information about the User's browsing on the Website and/or Application ("Browsing History").

        The User is hereby aware of and agrees with the collection, storage, treatment, processing and use of the Information sent and/or transmitted by the User under the terms set forth herein.

      2. 4.2.2The Users' Information shall be collected, stored, treated, processed and used by Fundação Itaú Social with the following purposes:

        1. Ideveloping, maintaining and improving the features and functionalities of the Website and/or Application;

        2. IIallowing Users to access and use the features and functionalities of the Website and/or Application;

        3. IIIassessing the performance of the Website and/or Application, measuring viewing of the Website and/or Application, checking the browsing habits of the Users of the Website and/or Application and the pathway they followed to reach the page of the Website and/or Application (for example, through links from other websites, search engines or directly by the address), reviewing the statistics of the number of accesses and use of the Website and/or Application, its features and functionalities;

        4. IVconducting Website and/or Application security-related analyses, improvement and development of anti-fraud tools;

        5. Vimproving the Users' browsing experience on the Website and/or Application;

        6. VIallowing the supply of more adequate content tailored to the needs of Users, such as profile pages, updates, content and relevant advertisements;

        7. VIIenabling the communication between Users and Fundação Itaú Social, including sending and receiving emails;

        8. VIIIidentifying the profiles, habits and needs for any strategy Fundação Itaú Social may develop.

      3. 4.2.3Fundação Itaú Social preserves the privacy of the Users and does not share their data and information with any third party, except when consented by the User himself, by operation of law or a court order and in the case provided for in subparagraph 4.1.

      4. 4.2.4The User is hereby aware and authorizes that his Browsing History on the Website and/or Application is forwarded by Fundação Itaú Social to its partners or contractors for the rendering of any service relative to the Website and/or Application, without any indication of each individual User that could enable his identification and for the purposes provided for in subparagraph 4.2.2.

  5. 5.COOKIES

    1. 5.1Cookies are small files that may or may not be added on your Terminal and that allow storage and recognition of one's browsing data.

    2. 5.2While browsing on the Website and/or Application, 04 (four) types of cookies may be used:

      1. IAuthentication Cookies: serve to recognize a given User to enable access to and use of the Website and/or Application with restricted content and provide a more customized browsing experience.

      2. IISecure Cookies: used to enable security features of the Websites and/or Applications in order to assist the tracking and/or detection of malicious activity or any activity prohibited hereunder, as well as to protect the User's information from any access by unauthorized third parties.

      3. IIISearch, Analysis and Performance Cookies: the purpose of this type of cookie is to help understand the performance of the Website and/or Application, measure viewing of the Website and/or Application, checking the browsing habits of Users on the Website and/or Application and the pathway they follow to reach the page of the Website and/or Application (for example, through links from other websites, search engines or directly by the address).

      4. IVAdvertisement Cookies: are used to display advertisement relevant to the User both inside and outside of the Website and/or Application or in the websites of partners, as well as to know if Users who viewed the ad visited the Website and/or Application after seeing it. Advertising Cookies may also be used to track down the searches made by the Users on the Website and/or Application and, based on such searches on the Website and/or Application, present Users with ads related to their interests.

    3. 5.3For the purposes described in Subparagraph 5.2., Fundação Itaú Social can collect, store, treat, process and utilize the following information about the User's browsing on the Website and/or Application, which is included in the "Browsing History":

      1. IGeographical location;

      2. IIOperating system used by the User;

      3. IIIBrowser and its respective versions;

      4. IVDisplay resolution;

      5. VJava (programming language);

      6. VIFlash player installed;

      7. VIIIP Address;

      8. VIIIID code (IMEI) of the mobile device via which the User accessed the Website and/or Application;

      9. IXInformation about the date and time of use of the Website and/or Application by a given User from a specific IP Address;

      10. XInformation regarding the number of clicks and attempts to use the Website and/or Application and pages accessed by the User as well.

    4. 5.4The User may disable the cookies in the configuration options on his browser. However, by deciding to block the use of cookies, the User is aware and acknowledges that the Website and/or Application may not perform all its functionalities.

  6. 6.THIRD-PARTY LINKS

    1. 6.1 The Websites and/or Applications may contain links to the website(s) of third parties. The User is hereby aware and agrees that the existence of such links does not constitute endorsement or sponsorship of the third-party website(s) and accepts the fact that he is subject to the terms of use and privacy policy thereof.

  7. 7.VIOLATIONS: The User is not authorized to perform any of the following actions on the ground of or through the use of the Website and/or Application:

    1. Itort and/or violation of the law in force, including the provisions of Law 9613/98 and Law 12846/13;

    2. IIacts contrary to morals and good customs;

    3. IIIuploading, sending and/or transmission of any content of an erotic, pornographic, obscene, defamatory or libelous nature or that constitute an apology for crime, drug use, consumption of alcohol or tobacco products, physical or moral violence;

    4. IVuploading, sending and/or transmission of any content that promotes or incites prejudice (including against origin, race, sex, color, sexual orientation and age) or any form of discrimination, as well as hatred or illegal practices;

    5. Vthreat, coercion, physical or moral constraint towards other Users;

    6. VIviolation of the rights of any third party;

    7. VIIviolation of the rights of any third party's secrecy and privacy;

    8. VIIIany act that cause or lead to the contamination of or damage any piece of equipment of Fundação Itaú Social and/or third parties, including by virus, trojan, malware, worm, bot, backdoor, spyware, rootkit, or by any other devices that might be created;

    9. IXperform any act which directly or indirectly, in whole or in part, may cause damage to Fundação Itaú Social, any User and/or any third party;

    10. Xuse any business name, trademark, domain name, slogan or advertising expression or any distinctive sign or intellectual property creation owned by Fundação Itaú Social, Itaú Unibanco S.A. and/or Affiliates of the latter.

  8. 8.RESPONSIBILITIES: The User shall be solely liable for:

    1. Iany and all act performed or failure to perform any act based on his access to the Internet, the Website and/or Application;

    2. IIany improper use of the Website and/or Application by any User or third party and/or the content  uploaded, sent and/or transmitted to the Website and/or Application by the Users;

    3. IIIrepairing any and all damage, direct or indirect (including those arising out of violation of the rights of other users, third parties, including intellectual property, confidentiality and personality rights), that is caused to Fundação Itaú Social, any other User, or any third party, including as a result of non-compliance with the provisions hereof or any act performed on the basis of his access to the Internet, the Website and/or Application.

    1. 8.1In no event Fundação Itaú Social shall be liable for:

      1. Iany act performed or failure to perform any act and/or damage caused by the User arising out of the access to the Website and/or Application;

      2. IIany improper use of the Website and/or Application by any User or third party and/or the content  uploaded, sent and/or transmitted to the Website and/or Application by the Users;

      3. IIIfailures, system outages or technical impossibilities;

      4. IVinstallation in the equipment of the User or any third party of a virus, trojan, malware, worm, bot, backdoor, spyware, rootkit, or of any other devices that might be created as a result of the User browsing the Internet;

    2. 8.2The User hereby declares to be aware that any and all content sent and/or transmitted to the Website and/or Application by any User and/or third parties does not in any way represent the opinion or view of Fundação Itaú Social and/or Itaú Unibanco Holding S.A.

    3. 8.3In case the user breaks any provision hereof or any other legal provision, without prejudice to other measures, Fundação Itaú Social may, per se or any third party, at any time, at its sole discretion, with no need for warning or prior/later notice to any User or third party, in any medium or form, without prejudice to initiating any applicable legal procedure, suspend or limit the access to the Website and/or Application, close the account of any User and/or take other actions that may be deemed necessary for the fulfillment hereof and the proper functioning of the Website and/or Application at any time.

  9. 9.COPYRIGHT

    1. 9.1The following shall be deemed to belong to Fundação Itaú Social: (i) any and all software, application, or functionality employed by Fundação Itaú Social with regard to the Website and/or Application; (ii) the visual identity of the Website and/or Application (including the graphic-visual art design of any of its pages); (iii) the business name, trademark, domain name, slogan or advertising expression or any distinctive sign owned by the foundation and included on the Website; and (iv) any and all content created and produced by Fundação Itaú Social, per se or any third party, which are not allowed to be used by any User in whatever medium or form.

    2. 9.2In the cases in which the Websites and/or Applications allow Users to send and/or transmit Content, the User grants free, non-exclusive, irrevocable and non-reversible authorization to Fundação Itaú Social for the exercise of any and all economic rights (including copyright and related rights) on any Content sent and/or transmitted by the User to the Website and/or Application, in any medium or form, at its sole discretion, without any restriction or limitation of any nature. The User hereby declares and guarantees that the Content does not infringe the rights of third parties and that he has obtained all the necessary authorizations to enable their use by Fundação Itaú Social.

  10. 10.FORBEARANCE: Forbearance of any failure to comply with any of the provisions hereof by any User shall neither constitute waiver of the right to have the obligation fulfilled, nor forgiveness of, nor amendment to the terms and conditions hereof.

  11. 11.CHANGES MADE TO THE ACCESS AND AMENDMENT TO THE TERMS OF USE AND PRIVACY POLICY: Fundação Itaú Social, at any time, at its sole discretion and with no need to submit any prior/later notice to any User or third party, is entitled to: (i) suspend, cancel or interrupt access to the Website and/or Application, and (ii) remove, change and/or update, in whole or in part, the Website and/or Application as well as its respective content and/or the Terms of Use and Privacy Policy. Any amendment to and/or update hereof shall take effect as of the date of its publication on the Website and/or Application and shall be fully observed by the Users.

  12. 12.APPLICABLE LAW AND JURISDICTION: These Terms of Use and Privacy Policy shall be governed by the Brazilian law. Any dispute or controversy arising out of any act performed within the scope of use of the Websites and/or Applications by the Users, including failure to comply with the provisions hereof or violation of the rights of Fundação Itaú Social, other users and/or third parties, including intellectual property, confidentiality and personality rights, shall undergo the official legal formalities in the Judiciary District of the City of Sao Paulo in the State of Sao Paulo.