Last Updated: October 18, 2021
Filmelier (or “Site”) is an internet site operated and controlled by SOFÁ DIGITAL BRASIL LICENCIAMENTO E CESSÃO DE CONTEÚDOS LTDA, a company headquartered in the city and state of São Paulo, at Rua Augusta, no 2895, Cj. 42, Cerqueira César, CEP: 01413-100, registered with the CNPJ/MF under No. 14.772.681/0001-10.
The conditions below must be read carefully, as they describe how the personal information provided by the user when accessing and using the Site, or collected by Filmelier to provide the functionality of the site to its users, is treated.
Communication to the entity in charge (‘encarregado’), SOFA DIGITAL LAB PROCESSAMENTO DE DADOS LTDA, via e-mail (firstname.lastname@example.org)
The Site is online and accessible through the URL https://www.filmelier.com (or any other that eventually replaces it) and offers Users, among other features, the possibility of subscription to a newsletter, to receive releases’ notification, to create lists and as an exclusive optional character to establish preferences to Users.
This Site is free of charge; however, the use of some interactions will only be possible upon User subscription and registration. The use of the content made available in this context complies with access criteria provided for in current legislation.
We do not collect or knowingly solicit information from anyone under 13 years old. Children under 13 must not send us information through Filmelier. If we become aware that we collected information from an individual under the age of 13, we will disregard the information provided and will not keep it in our databases.
In order for the Site properly offer the functionality of exclusive optional preferences, it is necessary to have access to certain personal information about Users (collectively, “Personal Data”). It is not possible to offer the exclusive optional features by Filmelier without having access to this Personal Data. In such cases, the processing of Personal Data is a condition for using the Site.
All other non-exclusive features will be free from providing Personal Data.
1.1.1 The User declares to be aware of and agrees that these terms, policies and conditions are applicable from the moment the User expressly consents to them, through the Site's own form, regardless of login. 1.1.2 In addition to the above, when using the website, the User acknowledges and agrees that Filmelier may use and store cookies and other tracking technologies on the User's computer or mobile device to collect information during the visit, to allow monitoring User’s activities within the Site and through third- party tools, to have control over authentication and to enhance the browsing experience.
1.2 The terms "members", "registered members of the Site", "Users", "visitors", whether plural or singular, shall be understood by the reader as synonyms.
2. ABOUT US
2.1 This Site is a vehicle for information, suggestions, recommendations, tips and reviews of movies and content. The Site is updated daily by professionals in the Entertainment and Digital Content Industry.
2.2 The Site offers the following modes of interaction with its Users:
(i) Movie suggestions, datasheets, trailers, recommendations and news;
(ii) Creation of content lists according to the criteria of Filmelier and guest professionals from the Industry; (iii) User’s created Movie Lists;
(iv) Newsletters send to Users, including suggestions based on User’s behavior;
(v) Content release notice, including suggestions based on User’s behavior
(vi) Directing to partner sites through links, buttons, features and advertising
(vii) Classification by evaluation, through participation or evaluation by other Users.
2.3 All links, advertising and other services on the Filmelier Site may be changed or removed at any time. The content of links, advertising and other linked services are the sole responsibility of their providers. The Site is not responsible for the functionality, accuracy or legality of the links, advertising, and other
linked third-party services. Filmelier is expressly disassociated from the content of links, advertisement and other linked services and does not endorse its contents as its own. To the extent that the Site becomes aware of any illegal content of a link, advertising, or other linked service, it will ensure the removal of such link, advertisement, or other corresponding service.
2.4 The links of third-parties which, when accessed, take the User to locations external to Filmelier are these third-parties full responsibility, and Filmelier is not responsible for any access, content, rights or transactions carried out on third party websites.
3. USE AND INTERACTION WITH USERS
3.1 Login: Users will have the option to login to Filmelier:
3.1.1 The User may choose to register as a member of Filmelier and its services. As a member, the User can rate films, retrieve information and take advantage of other additional benefits of Filmelier.
3.1.2 A Filmelier member can be any natural person as an individual. To register as a member of Filmelier, the User must always provide a username and password, in addition to a valid email address. It is not allowed to specify a non-existent email address. Subsequent changes to the email address must be communicated immediately to the Site.
3.1.3 When the Site requires registration, the User undertakes to provide true personal information, being solely and exclusively responsible for any failure to provide such information correctly. All information registered on the Site is kept confidential in Filmelier's database. The Site may reject the registration if the User does not meet one of the requirements of these terms or if there is another important cause. 3.1.4 The Site reserves the right to change registration requirements and make membership participation dependent on other requirements. In the event of a change in the registration requirements, the Site has the right to terminate the registration of any User if the User does not meet any of these requirements. 3.1.5 User participation in Filmelier is permanent. The User can cancel his/her registration at any time and without justification, writing to the email indicated at the end of these terms or using the proper tools for this on the Site. The Site has the right to terminate the registration of any User for just cause, i.e., if the User provides false information during registration or if the Site is used commercially or other serious violations of the obligations set forth herein. From the request, the data anonymization will be immediate and irreversible, with the complete exclusion of the User's profile and contributions.
3.2 Profile: Once logged in, Users will be able to select the movies and content they would like to access;
3.2.1 The information will be treated as private in the User's profile, being used by Filmelier only for informational purposes internal to the Site, as metrics for the Filmelier advertising tool, since the User's data will not be sold or traded in any hypothesis. Mass and anonymous demographic and behavioral data of the audience may be marketed to improve the User experience.
3.2.2 The User may share User lists through their social network.
3.2.3 User behavior information collected within Filmelier may be used in a anonymized fashion for advertising purposes on external channels, including Facebook, Google and Instagram Ads, pursuant to these terms.
3.2.5 Once a User's e-mail address is received, he/she is liable to receive mandatory communications for the functioning of the Site, such as, but not limited to:
i. Access Recovery: Message with an authentication link that allows the User to create a new password.
ii. Verification of authenticity: When registering by email and password, the User receives a message with an authentication link that, when accessed, proves the legitimacy of the registration. This verification is carried out once and enables the User to interact with the Site's functionalities.
iii. Welcome: electronic message of receipt by the User to the functionality and/or the Site.
3.3 Integration with third parties: Filmelier has integration with contractors to provide newsletter services, access behavior, delivery and interaction with advertisements, hosting, storage and data processing, in addition to others identified to Users. Simply accessing the Site starts sharing browsing data. When registering, the User shares his/her personal data in a non-commercial way (transfer and storage are encrypted).
3.3.1 Users may provide their data for the use integrations with third parties and services provided. 3.3.2 Filmelier shares the Users' navigation with these third-party companies, providing them only with the necessary User data for the sole purpose of (a) segmenting the profiles of the Users who will receive authorized communications from films and content compatible with the profiles Users, for example; (b) lead mapping and monitoring.
3.3.3 Users may unsubscribe from any of the services offered by registering their data at any time, upon request in the tool itself, or changing their preferences on the Site. Communications will be terminated on a non-permanent basis and may be reactivated at any time. The other services may be permanently canceled, and it is not possible to retrieve information
3.3.4 Filmelier is authorized by the Users to collect navigation data from the Users, including accessed pages, searched movies and lists, as well as clicked buttons, to understand the preferences and habits of the Users, through its own system or through authorized third parties , pursuant to this item 3.3.
3.3.5 The collection of click quantity data, in the case of film and/or content transactions from the suggestions provided by Filmelier, can be performed by the API (Application Programming Interfaces) which interfaces with the viewing of films by platforms or other exhibitors.
3.3.6 Notwithstanding the provisions of this section, the User acknowledges and agrees that Filmelier provides links to other websites, advertising and other services (eg links to video-on-demand platforms and social networks), but is not responsible for any content made available on such websites, advertising and services, including in relation to purchases or other transactions made on them by Users.
3.4 The use of Filmelier’s services is granted to the User free of charge.
3.5 Filmelier's offer is for entertainment only. It is not responsible for the completeness and/or correctness of the information and/or recommendations about cinema content and audiovisual works.
3.6 The complete content of the Filmelier services, including texts, images, drawings and names, is protected by copyright and copyright laws. Reproduction or other use or exploitation of this content is prohibited without the consent of the respective rights holders, whether intellectual, copyright, related, personal or of any nature.
3.7 The User has the right to access and use Filmelier’s services only within the current state of the art (as is). The website reserves the right to change the design and scope of the services at any time, without prior notice, and strives to minimize interruptions in the use of the services due to changes in the interests of Users.
3.8 Only the private and non-commercial use of the proposal, within the scope of limitation of its purpose, is allowed. The User alone has the right to retrieve, send, save or print content. Commercial use of the Filmelier or parts of it is not allowed. It is not allowed to publish advertising in any way through the Filmelier services, more specifically in the comments, as well as in response to comments or messages to other Users, third-parties or Filmelier.
3.9 The User is prohibited from interfering with the functionality of Filmelier’s services or any associated resources, as well as from promoting electronic attacks of any kind to the Filmelier services or to modify or “burn” other parts of the proposal without our consent.
3.10 The User agrees to be prohibited by law: to harm the rights and interests of third-parties; disable, modify or impede, in whole or in part, any area of the Site; attempt to violate the technical means of protecting the Site's content; use Site’s content for the commercial purpose of selling services.
4. INTELLECTUAL PROPERTY
4.1 Regarding website ownership:
4.1.1 All content posted on Filmelier, as well as on other platforms that may be found online or offline under the name Filmelier, is protected by Brazilian, Mexican, US and international copyright laws, as well as other applicable copyright laws and treaties regarding intellectual property.
4.1.2 Filmelier only provides content which reproduction and/or dissemination is previously authorized, and holds all rights required by applicable law to make the content available on the Site, including images, photos, animations, videos, music, audio, text, layout and brands.
4.1.3 Filmelier reserves the right to take any judicial or extrajudicial measures it deems appropriate, at its discretion, to protect the rights of its contents and services.
4.1.4 Any action or attempted action that involves the reproduction of Filmelier’s content without proper authorization may be challenged by Filmelier, based on the legal means available, in order to preserve the integrity of the Website.
4.1.5 No User, member or visitor is authorized to use the brand, logo and/or other distinctive signs found on the Filmelier website or any other online or offline channel or platform in which Filmelier participates, or not.
4.1.6 It is prohibited to copy, reproduce or otherwise display the Filmelier brand. Any unauthorized use may result in violation of intellectual property, industrial property, privacy laws, in addition to civil, corporate and criminal statutes and regulatory standards. Copying, reproducing or otherwise displaying Filmelier content is prohibited. Any unauthorized use may result in violation of intellectual property, industrial property, privacy laws, in addition to civil, corporate and criminal statutes and regulatory standards.
4.2 Regarding User’s property:
4.2.1 Filmelier allows registered Users to submit their own content, such as creating their own movie lists.
4.2.2 Contributions generated by the User to the Filmelier services only reflect the opinion of the User in question and are the sole responsibility of the person who authorizes and makes them available.
4.2.3 The User agrees to submit only relevant and factual content and comments. Users are prohibited from posting content that glorifies violence, is harmful to minors, defamatory, discriminatory, offensive, threatening or even punishable, the publication of which violates the rights of third parties - for example, copyright, trademark, or personal rights (as a right to privacy and intimacy or right to one's name) - that serves commercial purposes, more specifically advertising. The same applies to setting up links, which have content mentioned above. The Site reserves the right to immediately block and/or delete content that violates these rules and proceed as provided for in item 3.1.5.
4.2.4 The Site may make the inputs written by Filmlier Users, as well as the name and profile picture made available by them, not only visible to other Users within the Filmelier website, but also on other platforms (such as smartphone apps or tablets, social media platforms, IPTV offerings or video-on-demand platforms, for example), storing and hosting such content on servers, supported by technical service providers and selected providers (hereinafter referred to as "Affiliates"), once the necessary usage rights for this purpose are granted by the User.
4.2.5 By posting copyright or legal contributions to the Services, the User grants us the unlimited and transferable right, of unlimited time and space, to store, reproduce, access, publicly disclose such content, including the User's name and profile picture. , obtained by logging in through Facebook or directly inserted in the Filmelier, as well as their publications, ratings, notes, comments, rating and other contributions made in the Filmelier, linked to the right to modify the content and create derivative works (for example, translations, adaptations, summaries and advertising) and publish them elsewhere on the Filmelier or externally on third-party websites to disseminate it, always with credit to the User and to Filmelier. This license granted in this way has the sole purpose of providing the services of the Site and is used only as necessary for the implementation and improvement of Filmelier, strengthening its relationship with the User and developing new services to be offered.
4.2.6 Included in this license is the right to use the posts and the respective name and profile picture of the User, obtained by logging in via Facebook or directly uploaded into Filmelier, to promote the content commented on, described or classified. Also, for this purpose, the User allows the Website or the Affiliates to adapt the User's content, name and profile picture, obtained by logging in via Facebook or directly inserted in Filmelier, to the quality requirements of format and presentation for use and association to other content, of the same nature or not (eg text, images, etc). This permission to use is free. This Site’s right ends when the User removes the content from the Filmelier services, or his/her/their subscription to Filmelier is terminated and the content is deleted. Upon termination, data’s anonymization will be immediate and irreversible, with the complete exclusion of the User's profile and contributions, as well as all content.
5. DATA PROTECTION
6. RESPONSIBILITY, LIMITATIONS
6.1 Filmelier is not responsible for the simple negligence of its legal representatives and indirect agents outside the essential contractual obligations. This does not apply to injuries to life, body or health. To the extent that liability for simple negligence remains, it will be limited to foreseeable damages, regardless of unlimited liability for gross negligence and willful misconduct.
6.2 The Site is not responsible for network disturbances or deficiencies that are beyond its control. Filmelier endeavors to ensure the proper functioning of the technical basis of the services, but assumes no responsibility for their uninterrupted use, in particular for delays, interruptions and technical failures. Filmelier is not responsible for damages to third parties resulting from failure to access, transmit, broadcast, or Site’s content availability.
6.3 User’s personal data will be saved by the Site in accordance with the current state of the art (as is). Filmelier will not be held liable for damages or misuse of this data by third parties, as long as this is unavoidable with appropriate and advanced data protection measures.
6.4 Claims for damages against Filmelier are lapsed after 12 (twelve) months, unless they are based on voluntary actions.
8. GENERAL PROVISIONS
8.2 Complaints and comments related to Filmelier are made through email@example.com.
8.7 If the User has any questions about any rules or conditions set out in these Terms, he must contact the site immediately at firstname.lastname@example.org. If necessary, the User may definitively request the personal data provided to Filmelier, upon request sent to email@example.com with a copy to firstname.lastname@example.org or through the tool available in the User's area of the Site: (i) full electronic copy of your data; (ii) history of consent to the use of data granted to the Site; (iii) revocation of consent; (iv) account cancellation; (v) recording of all data sharing and processing operations; (vi) consultation, confirmation, correction, portability, sharing and deletion of User data from the Site base. From the request, the anonymization of data will be immediate and irreversible, with the complete exclusion of the User's profile, data and contributions, as well as all their content.
8.8 Users agree to comply with all protective laws, including copyright, relating to the use of the Site.
8.9 Questions not provided for in this term will be decided by Filmelier, in accordance with current legislation.
FAQ - GENERAL DATA PROTECTION LAW (LGPD)
1. What is the General Data Protection Act (LGPD)?
The LGPD (Law No. 13.709/2018) is the law that regulates the activities of processing personal data, especially with regard to your privacy. LGPD establishes specific conditions to justify the processing of personal data, and we respect them all. All our processes, products and services are under constant observation to ensure that they are always in line with the LGPD and the principles of personal data protection established by it.
2. What is personal data?
Personal data is any and all information related to an identified natural person or that can be identified, such as: name, SSN, ID, date of birth, address, email, telephone, bank details, geolocation, among others.
3. What is personal data processing?
Treatment is any operation performed with personal data, such as collection, use, access, processing, storage, elimination, transfer, among others. All processing activities carried out with your personal data are considered processing.
4. Can we handle your personal data?
5. What types of personal data do we handle?
6. How do we protect your personal data?
We care a lot about your security and privacy. For this reason, we implement technical, administrative and organizational measures to protect your personal data, which include safeguards, such as strict access controls to IT systems.
7. Who do we share your personal data with?
8. What are your rights?
LGPD grants various rights to the holders of personal data, and we respect them all. Our processes are developed and elaborated in such a way as to allow, whenever appropriate, the fulfillment of your rights. According to the LGPD, you can request: a) Confirmation of the existence of treatment involving your personal data; b) Access to your personal data processed by us; c) Correction of your personal data that are incomplete, inaccurate or out of date; d) The anonymization, blocking or deletion of personal data that are unnecessary, excessive or treated in disagreement with the LGPD; e) The portability of your personal data to another service or product provider, in accordance with the regulations of the national authority, subject to commercial and industrial secrets; f) The deletion of personal data processed with your consent; g) Review of automated decisions and treatments; h) Information about the entities with which we share your personal data; i) Information on the possibility of not providing consent and on the consequences of denial; and j) The revocation of your consent. It is important to remember that compliance with these rights will be analyzed on the feasibility and appropriateness of the request you make. There are cases in which it will not be possible or permitted by law to fulfill all rights.
9. How to exercise your rights?
To make a request regarding the rights listed above, you must send an email to email@example.com. We will respond to your request as soon as possible. If we are unable to fulfill your request, we will inform you of the reasons.
10. How to contact us?
If you have any questions, complaints, suggestions or comments regarding the personal data processing activities carried out by Filmelier, please contact us at the following email: firstname.lastname@example.org