* Cartão de Negócio® and Blipcard® are solutions provided by pulsaris.
1. - Service and Product Description
1.1 - Service and Product Information
“Cartão de Negócio®” (“Blipcard®” for non-portuguese users) is a solution for storing data and storing contact information in electronic format.
“Cartão de Negócio®” can be described, in a simplified way, as a service for hosting business cards on the Internet in electronic format. The hosting service in electronic format is accompanied by one or several web applications that allow the data to be displayed on an electronic device.
The business cards from “Cartão de Negócio® / Blipcard®” have a distinct design and original format, developed exclusively by “Pulsaris®” in order to adapt the cards to three visual layout formats: mobile, tablet and desktop.
The small software applications associated with business cards comply with standardization standards and are under constant development, and an open source development framework was recently incorporated under the name of “Bootstrap®”.
The licensing considerations, presented in the two previous paragraphs, do not include the software applications, servers and management processes used in the management of customer business card information. These elements of the “Cartão de Negócio® / Blipcard®” use specific licensing processes that were and are previously agreed between Pulsaris® and its respective suppliers.
Resuming the use of our service.
As a rule, the information contained in the customer's business cards is displayed on electronic devices that are commonly used in the daily lives of users and visitors. The most common electronic devices are computer equipment in the “computer” or “portable” format, the devices in the “tablet” format and mobile equipment in the “smartphone” format.
Business card information management is processed indirectly by customers in a format we call “deferred” (as opposed to “real-time” format).
The business cards are thus stored simultaneously on an Internet server with general access to the public and on servers and local workstations with reserved access and restricted access characteristics.
It is in these last restricted access locations that all changes and modifications to information and electronic data contained in customers' business cards are processed. The information on business cards is processed so that a limited number of changes are reversible, allowing customers to regress information to earlier stages.
The information on the business cards that are made available on the Internet server is always treated as "general access to the public", and its access may be limited by access passwords (example of the "private-lock function"), but always maintaining, these same data, its nature of “general access to the public”. It should also be noted that the “customer data” do not have the same characteristics, except when they are, in part or in full, coincident with the “general access to the public” data.
In summary. Customers' business cards have a distinct visual format, developed and maintained by “Pulsaris®”, which is accompanied by standardized interactivity functions (functions performed via a web browser, third-party software applications and/or systems third-party operating systems) and by advanced parameterization for the purposes of compatibility and backwards compatibility between numerous electronic devices and their respective Internet browsers.
The format of this product and its respective data domiciliation service has been continuously available and developed by "Pulsaris®" since 2010. It is a solution that allows, since its inception, to overcome many of the limitations of printed paper cards. or printed on plastic material.
The differentiating format of “Cartão de Negócio®” and “Blipcard®” results from the application of a “deferred time” programming methodology and the use of characteristics and technical resources that have a strong ecological component (in terms of efficiency energy and efficiency in the use of computer processing resources, among others).
1.2 - Service and Product Ownership
The customer only retains ownership of the information he provides and which is legally his. This information includes texts describing your commercial and/or professional activity, contact details, Internet presence data and your trademarks.
In the case of the "PRO Domain Connect" version, the customer additionally holds ownership of his Internet domain, which may transfer his Internet domain to another service provider at any time (within the terms and deadlines defined by the respective regulatory authority).
All other elements, other than the above, are property of the service provider “Pulsaris®” and its respective suppliers. In the case of open-source licenses (MIT license), the respective elements are property of the respective authors, and their use and ownership are defined in accordance with the terms that are expressed in the respective license.
All elements of “Pulsaris®” follow a private licensing format, and their use is always lacking proper authorization. The use of “Pulsaris®” elements also requires due compensation for their use, if this is the case provided for.
1.3 - Object of the Service and Product
The object of the service is the information provided by the customer, the visual elements that belong to him and his Internet domain (in the case of the PRO Domain Connect Version), all of which are stored in a special data domiciliation service (in the format of rental and/or subscription format).
All other elements that do not belong to you (including business cards) are treated as "Software as a Service (Saas - Software as a Service)", as "data domain" or as "software applications belonging to third parties" , among others. All in accordance with the respective licensing of each of these elements, including the private licensing and the restricted use of the elements belonging to “Pulsaris®
1.4 - Integration with other Services and Products
“Cartão de Negócio®” and “Blipcard®” allow integration with other solutions, products and services provided by “Pulsaris®” and third parties.
The customer is always notified in advance, with due notice and within a reasonable time, of any change provided for in the preceding paragraph.
As mentioned, integration with various services and products developed and made available directly by “Pulsaris®” is allowed (in vertical integration format and/or in horizontal integration format).
Integration with “external solutions” and/or with “internal solutions” may result in an increase in the final monetary value of the solution and the respective subscription. However, there are several scenarios in which these integrations do not result in any additional cost for the customer, with a free integration being verified with no expression in the final monetary value.
As of December 8th, 2020, the integration of subscriptions with software applications developed by third parties is allowed, namely the “ESET®” security solutions and the “Microsoft®” email and productivity solutions.
The data in this data domiciliation solution is divided between "customer private data" and "general access data to the public".
2.1 - Private customer data
Private customer data refer to billing and customer contact data. These data are never shared on Cartão de Negócio and Blipcard, except when these coincide with the "general public access data" that are present on the business cards.
Customer data, which are “the same or coincident” with the data displayed on the business cards, may thus be located in an online format with the category of “general access to the public”, with the express indication of the customer by email.
The indication that the data coincide, partially or completely, is not shared with the public or with unauthorized third parties (except with the legal and judicial authorities, when the legislation in force so requires).
2.2 - General access data to the public
The information on the business cards that are made available on the Internet server is always treated as "general access to the public", and its access may be limited by access passwords in an experimental format (example of the "private-lock function" ), but always maintaining, these same data, its nature of “general access to the public”.
The "general public access" feature means that the contact details, images and customer information published on the cards are publicly accessible on the micro-website(s) that are assigned to the customer.
2.3 - Removal of "general public access" data (at the data subject's and owner initiative)
The “general access to the public” data may be removed from our services at any time, on the free and objective initiative of their holders and/or their legal representatives. The removal is carried out within a reasonable legal period and provides for the removal of this data from the Internet servers and subcontractors where they are located.
However, the removal cannot be guaranteed in products and/or services of third parties that have indexed, at any time, that same information and/or “general access to the public” data. For this purpose, the holder or legal representative must individually address these same third parties, to whom Pulsaris, Cartão de Negócio, Blipcard and the subcontractors are not.
2.4 - Removal of "general public access" data (at Pulsaris initiative)
“General access to the public” data may also be removed at Pulsaris' free and objective initiative, in a justified and legally serviceable manner. This temporary removal or permanent removal operation is carried out when an irregular situation and/or a contractual breach is identified.
Pulsaris may also remove, partially or completely, the “general access to the public” data and respective customer information, for the purposes of controlling and maintaining the quality standards of its products and/or services.
Pulsaris may also remove, in part or in full, the “general access to the public” data and respective customer information, due to discontinuation of features associated with its products and/or services.
Pulsaris may also remove, in part or in whole, the “general access to the public” data and respective customer information, for non-compliance with copyright and/or intellectual property belonging to third parties or belonging to Pulsaris.
2.5 – Challenge of decisions regarding the Storage, Treatment, Management and/or Removal of data.
The customer, the legal representative and/or the data subject may contest, at any time during the term of their relationship with Pulsaris products and services, any act of storing, processing and/or managing information (including electronic data ).
The contestation process must be carried out in writing and must be activated by email, through one of the Pulsaris contact means publicly available or provided at the time of the storage, processing and/or management of information (including data) electronics).
The contestation process is carried out within the legal terms established by the legislation in force in Portuguese territory and/or in the European Union's community legislation.
The parties involved in the contestation process, including Pulsaris, will always act in good faith, with a pecuniary liability, on the part of Pulsaris, up to a monetary limit not exceeding the remaining value of the amount paid by the customer for the respective service, product and/or periodic subscription in dispute.
2.6 – Disclaimer Statement.
Pulsaris will not bear, at any time, court costs of the customer and/or third parties resulting from the use of its services and/or products.
Pulsaris will never be legally responsible, to third parties or to legally recognized entities, for any act that results from any form of action, expression or initiative coming, directly or indirectly, from the client itself, its employees, the legal representatives of the client, legal representatives of its employees, data subjects, third parties and/or any other third party.
2.7 – Limited pecuniary liability
All parties involved in the handling of data will always act in good faith, with pecuniary liability, in case of infringement, up to a maximum limit never higher than the remaining value of the amount actually paid by the customer for the respective service, product and/or periodic subscription in question.
2.8 – Public Contact for Dispute Resolution
For this purpose, an e-mail box is publicly made available for the resolution of possible litigation situations with the designation "Complaints - Customer Ombudsman", detailed on the Pulsaris website at: https://www.pulsaris.pt/contactos.html
The email address firstname.lastname@example.org is directly linked to this section on Dispute Resolution. The customer must contact Pulsaris in writing, always safeguarding all contact and information records that are received in their email box (email box).
The contact details and telephone records detailed on the Pulsaris website, the Cartão de Negócio and the Blipcard will never be considered for the purposes of dispute resolution.
Disputes will always be resolved within the terms provided for in the Law, that is, within the legislation applicable in the territory of the Portuguese Republic (Portugal) and in the European Union's community space.
2.9 – Public Contact for Minor Disputes and Complaint Resolution
Minor Disputes and Complaints Resolution is carried out in a manner similar to that detailed in point “2.8 - Public Contact for Dispute Resolution”, with the difference that it can be activated through the support contact means. The Resolution of Conflicts and Complaints can be activated from three support email addresses, namely the email addresses: email@example.com; firstname.lastname@example.org and email@example.com.
The telephone contacts and telephone records detailed on the Pulsaris, Cartão de Negócio and Blipcard website are not considered for the purposes of resolving disputes and complaints.
Conflicts and complaints will always be resolved within the terms provided for in the Law, that is, within the legislation applicable in the territory of the Portuguese Republic (Portugal) and in the European Union's community space.
3. Identification and Definition of Physical Spaces and Virtual Spaces
3.1 – General considerations
The management of the data present in the "Cartão de Negócio", "Blipcard" and "Pulsaris" products and services is carried out indirectly by each individual user and/or by each collective user who is duly and officially represented by a responsible for the protection of data (GPDR).
The addition, management, updating and removal of data present on public access (or limited public access) business cards is not carried out directly by their users and/or their holders. The addition, management, updating and removal of data present on public access (or limited public access) business cards is always carried out through Pulsaris®, using proprietary software that is not located on the server “Blipcard”, “Cartão de Negócio” and “Web Hosting” services by Pulsaris®.
3.2 – Identification and Definition of Physical and Virtual Spaces
Business card data is stored in three distinct locations designated as "Online space", "Offline space" and "Cold Storage (Backup)".
3.2.1 – Information and data located in "Online Space"
The "Online space" defines the physical space and the computer space that is located on the Internet servers of the subcontractor(s), being segmented into a publicly accessible computer part (for disposal of their cards to other users, to engines and to any other visitors) and in a reserved and restricted access computer part (intended for the management and maintenance of services by Pulsaris and/or by its subcontractor(s)).
The “Online space” complies with the principles and rules defined in the GDPR, as well as compliance with the Data Processing Agreement (Article 28.). The physical space of the "Online space" is reserved and restricted access, and belongs to third parties with official accreditations of compliance, privacy and security.
The operations of adding, managing, updating and removing data present on public access business cards (or public access with "limited dispersion") in the "Online space" is not immediate and follows an average update period with a deferral period of 48 hours (it can be 72 hours in some cases).
3.2.2 – Information and data in "Offline Space"
The “Offline space” defines the space that is located in premises allocated to Pulsaris and defines the computer space of the electronic equipment where data of users of Pulsaris, Cartão de Negócio, Blipcard and Web Hosting services are stored and/or processed.
“Offline space” also defines the computer equipment where information is processed through proprietary software, files, documents, multimedia resources and/or SQL databases (stored in local format).
The “Offline space” complies with the principles and rules defined in the GDPR, as well as compliance with the Data Processing Agreement (Article 28.). The physical space of the "Offline space" is reserved and restricted access, with computer data being protected by ESET® protection software and ESET®, Microsoft® and MacOS® encryption tools (as well as password authentication in each equipment and storage device).
3.2.3 – Information and data in "Cold Storage (Backup)"
The concept of “Cold Storage (Backup)” means the storage of information (present in the “Online space” and/or in the “Offline space”) on a separate storage medium and without direct access to the Internet. “Cold Storage (Backup)” storage media are formatted with native encryption tools (settings with enterprise protection level) and individually protected with password authentication.
4 – Deadlines in the Business Card Management process
The operations of adding, managing, updating and removing data present on business cards with public access (or limited public access), obey an average period of deferral of their execution of 48 hours (the delay may be of 72 additional hours).
5 – Product, Service and/or Subscription Fees
The tariffs for the products, services and/or subscriptions presented or listed here are publicly available in the official spaces assigned to them, except when these tariffs are protected by confidentiality or by mechanisms of competition protection.
When these rates are not properly identified, they must be requested by email, through the contacts detailed on the official Pulsaris website.
The tariffs and characteristics of the products, services and/or subscriptions may change during the term of this contract. The customer is only entitled to the assignment of the contract in case of objection or refusal to the new tariffs and/or with the addition/removal of “features and functionalities” of its products or services.
In case of removal of features, the customer may cancel his contract with immediate effect, and the remaining value of the service or product for which he paid will be returned to him, always in the form of credit. The credit value can be used in any other service or product marketed by Pulsaris, the credit value being solely and exclusively allocated to the enjoyment by the customer (the rights cannot be granted to third parties).
6 – Contract Termination or Termination
The customer, as a subscriber, or Pulsaris, as a service provider, may freely terminate this contract at any time, provided that they communicate it in writing at least 30 days in advance.
If there is a situation of non-payment and/or non-settlement of outstanding amounts by the customer, this contract will be automatically terminated after a period of 30 days, counting from the date of notification of the outstanding amount.
The termination of this contract implies the elimination of the contact data present on the digital business cards, the remaining information being kept for a maximum additional period of 45 days.
7 – Legal Considerations and Provisions
Any missing or incomplete information, in this same document, will be treated under the terms of the Law in force for the territory of the Portuguese Republic (Portugal) and in the community space of the European Union. It will always be considered, without any exception, the limited liability of the service provider and the maximum monetary and/or indemnity limit corresponding to the remaining value of the services, products and/or subscriptions in question (which have been duly settled by the customer) .
The customer, as a member, is bound by a duty of secrecy and confidentiality regarding this document and any information, documents or elements of a contractual nature, unless expressly authorized by the parties or when required by law.
This duty of secrecy and confidentiality excludes "general access to the public" data, both from the service provider and from the customer, which may be transmitted to third parties, upon request or in the context of the use of services, products and /or subscriptions.
8 - Code of conduct
The client undertakes to respect the Law and the "Good Customs" of the Portuguese Republic, fully respecting all the rights enshrined in the Constitution of the Portuguese Republic. This obligation foresees the respect of a code of conduct that fits these values and the respective legal obligations foreseen in Portugal and in the European Union's community space.
Any violation of this code of conduct may verify the activation of the legal mechanisms for reporting non-compliance and/or serious infringement provided for in the Law. The mechanisms will be activated within the terms provided for in the Law and before the Portuguese and/or European Union legal authorities.
The mechanisms will be activated, with customers enjoying all their rights, as defined by “Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016”, without prejudice to the data processing, which is legislated and determined in Portugal by the “Cybercrime Law” (“Law no. 109/2009, Diário da República 1st Series - No. 179 -15 of September”).
9 – GDPR - Access to your Customer Data
Customers will be able to access, at any time, the data that belongs to them, enjoying all their rights, as defined by “Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 ”, without prejudice, with regard to the deletion of data, of what is legislated and determined in Portugal by the “Cybercrime Law” (“Law No. 109/2009, Diário da República 1st Series - No. 179 -15 September”).
10 – Possible Future Changes to the Terms of Agreement.
In the future, there may be modifications and/or deletions under the terms provided for in this contract. The customer will always be informed of these changes in advance, respecting a minimum period of notice with 15 working days prior to the entry into force of the new contract terms. The customer's right to refuse and/or object to the new contract terms will always be safeguarded.
In case of refusal or objection to the new terms, the customer will maintain the previous contract terms until the end of his subscription period. At the end of this subscription period, your contract will automatically terminate, and a new renewal and/or subscription will only be possible with the acceptance of the new contract terms that are in force on this precise date.
The absence of a “declaration of intent” or an effective communication of an episode of refusal and/or objection to the new contract terms, by the client, presupposes the automatic acceptance of the new contract terms and their entry into force. The customer may, even so, contest and/or terminate the contract within the period provided for by law in Portugal and in the European Union community space.
11 – Acceptance of this Agreement
This contract is automatically accepted with the issuance of your first subscription invoice for one of Pulsaris, “Cartão de Negócio”, “Blipcard” and/or “Managed Web Hosting” solutions, and may be resolved immediately by both parties, within the legal period provided for by the legislation in force in Portugal and in the European Union's community space.
This contract automatically renews itself, for the period defined in its subscription, at each invoice issuance corresponding to the full payment, by the customer, of its respective service(s), product(s) and/or directly related subscriptions renewals with the "Cartão de Negócio", the “Blipcard” and/or the “Web Hosting” by Pulsaris.
The characteristics of the cards are available in a comparative table with different versions of Cartão de Negócio and Blipcard.