Below we present the Terms of Use, a document that lists the main rules that shall be complied with by everyone who accesses or uses the Portal features owned by CHIESI FARMACÊUTICA LTDA., enrolled with the CNPJ/ME under number 61.363.032/0001-46, headquartered at Rua Doutor Giacomo Chiesi, No. 151, km 39.2, Estrada dos Romeiros, city district of Votuparim, in the City of Santana do Parnaíba, State of São Paulo, Zip Code 06513-005 (hereinafter “CHIESI”)
As a condition for accessing and using the exclusive features of the Portal, especially when using registration information services and sending information about adverse reactions to drugs sold by CHIESI, User states that he/she has read the rules of this document and its Privacy Policy completely and carefully, being fully aware of, and thus giving his/her free and express agreement with the terms set forth herein.
1. PORTAL OPERATION AND CONDUCT
1.1. Through the Portal, CHIESI offers information about its activities in the pharmaceutical industry, corporate issues, products and medicines it sells, social projects that CHIESI supports, therapeutic areas, information about diseases, their symptoms, possible treatments recommended by physicians, whether drug treatments or not, medical conditions, promoting health care, information on state free drug access programs.
1.1.1. Although the Portal provides information about diseases, their symptoms and treatments commonly recommended by health professionals, CHIESI emphasizes that such information is only educational and informative, and does not in any way replace the opinion of your physician and or appropriate health professional. Users who need diagnosis, treatment or clarification about their symptoms or diseases shall seek an appropriate physician and/or health professional.
1.1.2. Users shall not use drugs only based on the information contained in the Portal, and shall follow the treatment recommended by his/her physician or other health professional legally qualified to prescribe the use of drugs and treatments.
1.2. Through the Portal, companies shall be able to propose new business and partnerships to CHIESI, by filling out a specific form, indicating company name and contact details of the person responsible for the proposal, and contact details shall also be made available for CHIESI purchasing area.
1.3. Through the Portal, it is also possible to access contact information to send professional résumés by candidates who wish to work at CHIESI, as well as consult open job vacancies to work at CHIESI.
1.3.1. In case of sending a résumé through the channels made available by CHIESI as described above, a User is aware that CHIESI may process his/her personal data in order to evaluate such User who applied for the job vacancy, and may contact him/her for any eventual interviews and other procedures related to the selection process for that job vacancy.
1.4. On the Portal, contact data are available for communication and relationship with the press, through which Users working in the press shall be able to contact CHIESI.
1.5. Users of the Portal shall be able to send doubts, comments, suggestions and criticisms through the contact form made available for this purpose, in addition to providing contact details for Customer Service System (SAC) of CHIESI.
1.6. The Portal provides access to CHIESI ethics channel, managed by a CHIESI partner, so that employees, suppliers and customers can report suspicious and unethical practices, as well as questions about ethical issues, suggestions for improvements in controls and complaints related to CHIESI management.
1.7. Physicians and consumers shall use the Pharmacovigilance channel made available on the Portal to inform possible adverse effects resulting from the use of medicines in compliance with the applicable legislation and guidelines from the Ministry of Health, even if CHIESI drugs sold are not directly related to treatment and/or adverse effects, but have been used for some reason in the same period.
1.8. Through the Portal, Users who are health professionals shall be able to create an access account, through which they shall access information, videos, lectures and articles on the area of medicine and health.
1.8.1. Such Users are allowed to rectify and update their data and information, as well as request the deletion of their personal data, provided that these Users request the deletion of the access account permanently, which shall make it impossible to use this feature of the Portal.
1.9. We have the option to refuse access, suspend or cancel the Access Account of any User who uses the Portal fraudulently, breaches or attempts to breach applicable law, these Terms of Use, the Privacy Policy or any applicable legal document of CHIESI made available on the Portal.
2. RESPONSIBILITIES OF CHIESI
2.1. Our Portal and its features are presented to you, User, as they are available and can undergo continuous improvements and updates, and we undertake to:
a) Preserve its features with unbroken links and using a layout that respects usability and browsability, whenever possible;
b) Display all features in a clear, complete, precise and sufficient way so that there is an exact perception of the operations carried out; and
c) Protect data collected by the features provided using the state of the art available.
2.2. We strive to maintain the continuous and permanent availability of our Portal. However, there may be, eventually, some temporary unavailability due to necessary maintenance or even generated by reason of force majeure, such as natural disasters, failures in communication systems and access to the Internet or third-party facts that are outside our sphere of surveillance and responsibility.
2.2.1. If this occurs, we shall do everything in our power to restore access to the Portal as soon as possible, within the technical limitations of its services and third-party services, on which the Portal depends to operate properly and remain online.
2.2.2. Any maintenance procedures that cause the Portal to be unavailable for long periods shall be informed through official communication channels such as e-mails, official profiles on social media or service telephone.
2.3. You do not have any right to demand the availability of the Portal, nor can you claim compensation or damages in case the Portal remains offline, regardless of the reason.
2.4. We reserve the right to change these Terms of Use and other rules and criteria established, services provided, additional fields for data record, and data insertion, companies responsible for their intermediation and everything that we deem necessary for the correct operation of the Portal and our business model, with no prior notice to you, User.
2.5. We may modify or discontinue (temporarily or permanently) the distribution or the update of the Portal according to our business objectives.
2.6. We have the right not to publish or delete at any time, without prior notice and no right to indemnity, any content sent that contains:
• Offense to the honor, image, reputation and dignity of others;
• Pornography, pedophilia and other forms of sexual satisfaction;
• Racism or discrimination of any kind;
• Bullying, Stalking or any other type of illegal constraint or harassment;
• Manifest infringement of copyrights or image rights;
• Use of third-party brands, symbols, logos or emblems;
• Instigation or apology for the practice of crimes such as drug trafficking or use, rape, homicide, embezzlement, among others;
• Commercial, promotional activity or that suggests carrying out its own economic activity or that of third parties;
• Errors or suspected mistakes.
2.7. Access accounts that are deleted due to irregularities in these Terms of Use shall not be subject to any kind of indemnity to any User.
2.8. We are also not responsible for:
2.8.1. Any problems, bugs, glitches or improper operation that occur on Users' devices and equipment and are directly or indirectly resulting from the regular use of the Portal.
2.8.2. Any direct or indirect damage caused by third party events, such as, but not limited to, hacker attacks, system, server or internet connection failures, including software actions that may damage physical or logical assets in some way or the connection of Users due to access, use or browsing the Portal, as well as the transfer of data, files, images, texts, audios or videos contained therein.
2.8.3. Users browsing external links made available on the Portal, and Users are responsible for reading the Terms of Use and Privacy Policy of the resource accessed and acting as determined.
2.8.4. Checking, controlling, approving or ensuring the adequacy or accuracy of information or data made available on such links, therefore, they are not responsible for loss, loss or damage caused by the visit to such portals, and it is up to the interested party to verify the reliability of information and data displayed there before making any decision or taking any action.
2.8.5. Attitudes taken by any User based directly or indirectly on the Portal, its rules, information, data, research, reports, regulations, opinions, suggestions and the like, and any User agrees that he/she shall use them with common sense, based on morals and good moral principles.
3. RESPONSIBILITIES OF USERS
3.1. When accessing the Portal, you shall be responsible for and undertake to:
3.1.1. Use the Portal correctly and ethically, respecting the conditions that govern its use and purpose.
3.1.2. Provide correct, complete and updated registration data, in addition to informing a contact channel to be activated by CHIESI for the best provision of services. If it is found at any time that you, User, provided false data or not consistent with reality, we reserve the right to suspend or cancel your record, without adverse effects to adopting the measures deemed appropriate.
3.1.3. Have compatible devices and equipment, Internet connection service with antivirus and firewall enabled, duly updated software.
3.1.4. Adopt measures to prevent physical and logical access to your technological device by unauthorized third parties such as using a password and/or biometrics.
3.1.5. Leave your anti-spam systems, similar filters or message redirection settings adjusted so that they do not interfere with the receipt of our communications and materials, and no excuse is acceptable if you have not had access to any e-mail or electronic message by reason of the mentioned resources. CHIESI does not send e-mails or other types of communication with external links, so, if any User receives any such message, he/she must be aware of the risks when clicking on the link, as it may be an attempt at fraud known as phishing.
3.1.6. Respect all intellectual property rights owned by CHIESI, including all rights relating to third parties which may or may have been available there in some way.
3.1.7. Not to access programming areas of the Portal, its database, source codes or any other data set available in these environments.
3.1.8. Not to perform or allow reverse engineering, nor translate, decompile, copy, modify, reproduce, rent, sublicense, publish, disclose, transmit, lend, distribute or otherwise dispose of the Portal features inappropriately.
3.1.9. Not to use software to automate access to the Portal, with the exception of libraries made available by CHIESI, as well as data mining software or automated data collection of any type or nature, plus other software not typified herein that works similarly
3.2. The features that make up the Portal are offered as tools to support CHIESI services, without giving Users any rights over the Portal or the technological structures that support them.
3.3. The eventual removal, blocking or suspension of any content or feature of the Portal as a result of any complaint shall always be understood as a demonstration of good faith and intention of amicable resolution of conflicts, never as recognition of fault t or any violation of the right of third parties by CHIESI.
3.4. As a User, you are the sole and exclusive responsible for all content, including, without restricting to texts, information, prices, photos, images, music, videos, multimedia, animation, etc., sent through the Portal, and shall comply with and respect the intellectual property rights, brands, software, image, author and related rights of third parties, and it is your full responsibility to provide the necessary authorizations of the authors, artists, producers and people involved in the content, exempting CHIESI from any burden, duty or liability arising from the lack of such authorizations or the violation of the rights of third parties referred to in this clause.
3.5. In the event of damage to the Portal or to third parties, User responsible for such damage undertakes to bear all obligations to indemnify the injured person, assuming any liabilities of a lawsuit or administrative proceeding and requesting the exclusion of CHIESI, and shall bear all expenses and related court costs, leaving it free of losses and burdens.
4. ASSISTANCVE FOR USERS
4.1. Assistance for Users can be through the following channel: dpo-br@chiesi.com.
4.2. You can also use the assistance channel whenever you see or check inappropriate content on the Portal, whether it is notoriously illegal or contrary to the rules of use set forth herein. In these cases, complaints shall be confidential and shall preserve your identity.
5. COMMUNICATION OF CHIESI WITH USERS
5.1. CHIESI reserves the right to use all communication channels provided and authorized by you, User, in its most diverse modalities, including, but not limited to, notices on the Portal, sending of e-mail and telephone calls.
5.2. Users are solely responsible for receiving communications and notices, so it is essential that you always provide correct and accurate data, in addition to keeping them updated, whenever you browse the Portal.
5.3. It is also the responsibility of Users to leave their anti-spam systems configured so that they do not interfere with the receipt of communications and materials sent by CHIESI or any notices sent through the Portal, and no excuse is acceptable if they have not had access to any e-mail by reason of this blocking or similar filter.
6. PRIVACY OF USERS
6.1. CHIESI has its own document called Privacy Policy, which regulates the processing of data collected on the Portal, being an integral and inseparable part of these Terms of Use and can be accessed through the link found in its footer.
6.2. If any provision of the Privacy Policy conflicts with any other of this document, that described in the most specific rule shall prevail.
7. COPYRIGHTS AND INTELLECTUAL PROPERTY
7.1. The commercial use of the expression “CHIESI” or even words that resemble it, but with different spelling, such as brands, business names or domain names, in addition to the contents of the Portal screens, as well as computer programs, databases, networks and their files are owned by CHIESI and are protected by international intellectual property protection laws and treaties, including, but not limited to, Federal Laws 9.609/98, 9,610/98, 9.279/96 and 10.406/200.2.
7.2. By accessing the Portal, Users state that they shall respect all intellectual property rights of CHIESI, including, but not limited to, computer programs, copyrights and industrial property rights over trademarks, patents, domain names, corporate name, photographs, illustrations, texts and industrial drawings, filed for or registered in the name of CHIESI, as well as all rights relating to third parties which may or may have been available on the Portal in some way, and the violation of such rights may subject any User to payment of contractual fine and loss and damage that are verified.
8. CHANGES TO THESE TERMS OF USE
8.1. These Terms of Use are subject to continuous improvement and enhancement. Thus, we reserve the right to change them at any time, according to their purpose or convenience, such as for the adequacy and legal compliance of a provision of law or rule that has equivalent legal force, and it is up to you, User, to check them whenever you access the Portal.
8.2. When browsing the Portal and using its features, Users agree to be guided by these Terms of Use that are in force on the date of access. Therefore, Users shall keep updated.
8.3. The tolerance of any noncompliance with any provision in this document shall not constitute a renewal of the obligations set forth herein, nor shall it prevent or inhibit their enforceability at any time.
8.4. In the event that any provision of this document is deemed inapplicable or without effect, the remainder of the document remains in force, without the need for legal process to state such an assertion.
9. GENERAL PROVISIONS
9.1. In addition to these Terms of Use and the Privacy Policy, the Portal has specific documents related to services provided, features made available, procedures and policies adopted by CHIESI.
9.2. If there are any discrepancies between the provisions of these Terms of Use, the Privacy Policy, or any other document on the Portal, that described in the most specific rule shall prevail.
9.3. Users acknowledge that every communication carried out by e-mail (to the addresses informed in your record), instant communication applications or any other digital, virtual and digital means is also valid, effective and sufficient for the disclosure of any matter that concerns services provided by CHIESI, as well as the conditions of their provision or any other matter addressed therein, subject to the expressly diverse provisions set forth in these Terms of Use.
9.4. All records and data kept in the Portal environment shall be cataloged based on the official time in Brasilia.
10. SECURITY
10.1. CHIESI has protection barriers and security procedures to safeguard its assets in order to avoid eventual misuse or unauthorized change to data held by it.
10.2. The provision and sending of data are the responsibility of Users. Only after collecting data does CHIESI manage to apply its security controls and preserve the privacy of Users.
10.3. CHIESI adopts several security mechanisms to ensure access to Users’ data.
11. SYSTEM CHANGES
11.1. Eventually changes can happen on the Portal. Whenever this happens, CHIESI shall inform you that a new version of the Portal has been made available. Therefore, we ask that you always update the Portal in its latest version.
12. GLOSSARY
12.1. For the purposes of this document, the following definitions apply:
Anti-Spam: System that prevents unwanted mail such as mass advertising, by blocking messages or moving them to a specific folder.
Bugs: Used when any logical failure prevents any operation to be carried out on the Portal.
CHIESI: CHIESI FARMACÊUTICA LTDA., enrolled with the CNPJ/ME under No. 61.363.032/0001-46, as well as its branch office.
Access Account: User’s credentials required to access the Portal and use its features.
Glitches: Used to name an unexpected operation that prevents the running or smooth operation intended on the Portal.
Layout: Set between appearance, design and Portal flows.
Terminology for internet address.
Designates the electronic address https://www.chiesi.com.br/
User: Person who accesses and/or uses the features of the Portal.
You: Refers to a User.
13. APPLICABLE LAW AND VENUE
13.1. These Terms of Use shall be governed by and construed in accordance with Brazilian law, in the Portuguese language, and the Court of the Judicial District of São Paulo shall be chosen to settle any litigation or dispute involving this document, unless specific proviso of any personal, territorial or functional jurisdiction by applicable legislation.
Update: 08/01/2020.
