Terms of Use

INCICLE is a technology and services company whose purpose is to automate processes and increase the efficiency and intelligence of companies and professionals through technological solutions. Through the use of software, it aims to automate processes and digitize company tasks. INCICLE is an innovative HR Tech company that will revolutionize the business market.

We always adopt Information Security best practices, such as Policies, Standards and Procedures, to ensure the protection of the information of all users. We are committed to transparency regarding the collection, storage and use of user information, respecting the Privacy Policy, in accordance with the provisions of Law No. 13.709/2018 – the General Data Protection Law (LGPD) and the General Data Protection Regulation (GDPR), the latter when dealing with data of residents of the European Community.

To access the services made available by INCICLE, registration is essential. By clicking the option “I have read and accept the terms of use, privacy policy and cookie policy”, as well as any other terms necessary for the correct and secure use of the system, pursuant to the aforementioned laws, you, whether an individual or a legal entity, will automatically be bound, of your own free choice and will, by the legally constituted contract with INCICLE. Therefore, if you do not agree with these Terms, do not access or otherwise use our services.

If you wish to terminate this contract at any time, also of your own free choice and will, you need only close your account and stop accessing or using our services.

Intelligent Recruitment

Allows the recruiter and the company’s selection department to carry out a customized process, requiring candidates to meet experience requirements and assessing socioeconomic and diversity profiles, among other things. Everything is carried out through tests and stages of the selection process, with candidates ranked according to their fit for the vacancy, calculated by INCICLE. One view of the results is a nine-box matrix that automatically identifies which applicants most closely meet the requirements requested by the company.

Tests

A simple way for companies to create, edit and manage tests administered to their employees periodically, as required by law or integrated with the Recruitment module. Preloaded tests and customization options are available for use according to the company’s particular characteristics and legal and business needs.

Social Networks

Provides interaction between users. The feed displays posts and shares from their connections and allows content creation. It includes birthday and event notifications, company efficiency checks, outstanding tasks, unfinished training, surveys to answer, and personal and professional calendars. On other users’ pages, information can be viewed according to the privacy settings defined by each user. It can also be used by companies for posts, visual management and sharing, generating a list of outstanding tasks from all modules.

Competency Management

The company sets up 360º, horizontal, vertical or customized assessments, taking hierarchical levels into account. It measures one employee’s perception of another to identify strengths and areas for improvement, generating reports and action plans.

Internal Marketing

Communication between the company and employees, integrated with the INCICLE Social Network. Allows announcements and campaigns with selection by department, position or hierarchical level and notifications sent to all users with the application installed.

Personnel Department

Enables hiring after selection. The company and candidate exchange information and documents; required documents are requested and digitized by the person hired for remote submission. It also issues documents such as a referral for an occupational health certificate and a letter to open a salary account.

Project Management

Manages plans and projects for users and corporations, individually or in teams. Supports views such as 5W2H, Gantt timelines, Kanban lists, a daily activity calendar and the Efficiency Dashboard.

Feedback

Allows feedback between users in a public and openly visible manner, with engagement. Positive feedback can serve as a portfolio; negative feedback, as goals to overcome. It also enables feedback events to encourage the practice.

Calendar

A calendar with events and tasks, allowing multiple calendars (personal and professional) and recurring events. Includes a Task Manager with prioritization, delegation and status tracking.

Organizational Engineering

Centralizes the administrative management of corporations. Companies link to others, forming groups, holding companies, head offices and branches, with bulk registration and permission granting. Includes an organizational chart by hierarchical level and management.

Workplace Climate and Engagement

Assesses how employees view the company through engagement, NPS, eNPS and workplace climate surveys (one-off, pulse and customized). Surveys are divided into categories, generating summary or analytical reports.

Ombudsman

An anonymous reporting mechanism for misconduct or suspected misconduct, integrated with INCICLE. Users can submit complaints, compliments and suggestions, which are processed by category for the preparation of action plans.

By contracting INCICLE’s services by clicking “Sign in”, you assume commitments that must be faithfully fulfilled. By accepting the use of your data, you may not claim ignorance of these policies, and you may, at any time, change permissions and reject the use of the data; however, some services may not function properly, without this constituting discrimination or unequal treatment.

Throughout this Instrument, the terms “Personal Data”, “Processing”, “CONTROLLER” and “Data Protection Officer” have the definitions assigned by the LGPD – Law No. 13.709/2018. Other definitions:

• CONTROLLER: INCICLE itself.
• CO-CONTROLLER: a company that subscribes to the services made available by INCICLE.
• ADMINISTRATOR USER: a person designated by the CO-CONTROLLER to operate platform features on behalf of the CONTROLLER (under the LGPD, “Processor”).
• USER: an individual or legal entity to whom the personal data being processed relate (under the LGPD, “Data Subject”).
• THIRD PARTIES: investors, partners, service providers, among others.

If you are a user who accesses and uses the platform and the company you work for is an INCICLE client, that company acts as CO-CONTROLLER and INCICLE as processor in processing such data. The CO-CONTROLLER makes decisions on the purposes and means of processing; INCICLE acts according to the CO-CONTROLLER’s instructions.

INCICLE only licenses the PLATFORM to registered CO-CONTROLLERS and USERS. There is no other relationship between the parties, so INCICLE cannot be held liable for any damage caused to other USERS or third parties. ADMINISTRATOR USERS must be individuals of legal age and capacity, belonging to the CO-CONTROLLER’s workforce. Failure to comply with this Instrument will result in account access being blocked.

These Terms may be amended at any time. Depending on their significance, users will be notified through our services or by other means to assess the amendments before they take effect. Nonmaterial amendments may occur without prior notice. Amendments will not be retroactive; if you object, you may close your account. Continued use after publication or notification will imply agreement with the updated terms from their effective date.

To enter the INCICLE world, you must create a strong, personal, secret and nontransferable password. You are responsible for keeping it confidential.

INCICLE stores user content in accordance with the security standards described by law, with appropriate technical, organizational and administrative systems, policies and procedures to help ensure security, integrity and confidentiality and reduce the risk of unauthorized access or use.

If INCICLE becomes aware of illegal or unauthorized access to personal data relating to your account, or the acquisition, alteration, use, disclosure or destruction thereof, it will take reasonable steps to notify the user within 72 (seventy-two) hours after becoming aware of the incident. It will cooperate reasonably in investigations, preparing notices and providing information reasonably requested.

You are responsible for keeping your password and other credentials secure. INCICLE is not responsible for any activity carried out on your account (except activities for which it is directly responsible and which are not carried out in accordance with your instructions). Notify INCICLE immediately in the event of unauthorized access.

You undertake to provide all required data, without omission or fabrication. You are solely responsible for the information provided and data registered. Any false information may result in unilateral termination of the contract, with account deactivation regardless of prior notice. The data, even if false, may be stored for a minimum period of 05 (five) years.

When registering, the user must provide their date of birth and must not be under 18 (eighteen) years of age. As there are no technical means capable of identifying users with certainty, we will not be liable for losses in the event of abuse or use of false data.

Each user may have only one INCICLE account, providing all personal data requested by the CONTROLLER, CO-CONTROLLER and/or ADMINISTRATOR USER. The account is nontransferable and may only be used by the user themselves, who is solely responsible for everything it contains. In the event of use by third parties, notify INCICLE immediately.

The INCICLE account belongs to the USER, regardless of their employer. Even if linked to a CO-CONTROLLER and the employment relationship ends, the personal account remains unchanged; the USER may connect to several companies simultaneously and disconnect at any time. For services purchased by the employer, the employer may control access and obtain reports on use by the designated employee, but will not have access to the USER’s personal account.

Most INCICLE services are free; you need only register and click “Sign in”. Some services/products are charged individually, with the price and payment method defined in additional terms. Nonpayment results in immediate interruption of services. You will remain responsible for any outstanding payments.

By purchasing a service/product, the USER accepts the payment method and price. Amounts paid are nonrefundable, except as provided in additional terms, applicable legislation or a court order. Services renew automatically using the same payment method; to prevent renewal, cancel or suspend the service.

INCICLE may change the price at any time; billing will follow the price offered on the renewal date, even if renewal is automatic. We will make every effort to give advance notice of changes in prices and free-of-charge status. Payment is made using the method selected on the account management page.

If you choose a credit card, you declare that the information provided is correct and will notify INCICLE immediately of any change. Amounts may change due to exchange rates.

The user may withdraw from the purchase within 07 (seven) days of contracting without penalty, with a full refund of the amount paid. After that period, any refund will follow the rules for each contract in the additional terms; in the absence of additional terms, the general rule described here prevails.

As a discretionary benefit, INCICLE may grant discounts or special prices to partner organizations, charities, academic institutions and any other client. It may cease granting the discount and/or preferential price for invoices not paid by the due date, including withdrawing the discount from future invoices.

A refund will be due in the event of withdrawal from the purchase within 07 (seven) days of contracting. In the event of a breach of the rules of this Instrument by INCICLE, it must remedy the breach within 30 (thirty) days after written notice; if it fails to do so, there will be a possible refund proportionate to the service already provided. As a rule, amounts paid are nonrefundable, except as provided in additional terms, applicable legislation or a court order.

This platform assumes responsibility for the security of cardholder data collected, transmitted, stored or processed on its behalf. “Cardholder data” refers to the primary account number; if the entire number is exposed, also the name, expiration date and/or service code. To this end, INCICLE has developed strict security features.

Do not enter data in a field that is not intended exclusively for that purpose. Enter card data only where INCICLE explicitly permits it. Correct fields are marked by labels such as “Card number” or a credit card icon. Never collect or enter “Sensitive authentication data” (including CSC), as defined by PCI Standards, except in payment forms. You assume all responsibility for Cardholder Data entered in violation of these Terms.

Some services are charged on a subscription basis, in advance, recurrently and periodically (each period is a “billing cycle”, generally monthly or annually). The subscription renews automatically until automatic renewal is canceled through the account management page or by contacting support. Once automatic renewal is canceled, the subscription remains in place until the end of the current cycle before termination.

You are responsible for paying all taxes and charges applicable in your country. If required by law to withhold taxes, you must provide INCICLE with receipts or documentation supporting such payments. If, by operation of law, you benefit from an exemption, discounts or tax incentives, inform us upon registration or at any time in the event of a change of domicile. INCICLE will comply with all legal requirements.

You agree to receive messages from INCICLE through notifications and alerts on your devices and notices at your registered email address, physical address or through the platform itself. You grant permission for automated installation of system updates to optimize the user experience in the application and on the web. Keep your information up to date. If you do not wish to receive messages and notices, adjust your preferences in Settings.

INCICLE will advertise services and products within the platform. Complaints about published content must be sent to dpo@incicle.com. INCICLE will have exclusivity over the provision of advertisements on pages or communications featuring content on its platform. Under no circumstances may you transmit or forward such pages or communications.

INCICLE may work with clients and partners to display advertisements within and outside its platform, in accordance with the Cookie Policy, with personalized advertisements using data collected separately or in combination. INCICLE may identify the CO-CONTROLLER (name and/or logo) as a client on its website and in promotional materials, and the CO-CONTROLLER may request via dpo@incicle.com that INCICLE cease such identification.

The services allow you to send messages and share information in various ways, through profiles, articles, group posts, links, job offers, messages, etc. Shared information and content may be viewed by other users and are your sole responsibility. INCICLE has no obligation to monitor content, but, to comply with legal obligations, may review, modify, delete, prevent access to or refuse to display content that violates the law or these Terms.

If user content includes third-party trademarks, logos or source identifiers, INCICLE may request a statement of nonaffiliation. Each user chooses in their settings who can see the content, message recipients, company connections only, restrictions on visibility in search engines, etc.

We are not obliged to publish any information and may remove it with or without prior notice. The user grants INCICLE a free, worldwide license to use, reproduce, distribute, modify, adapt and publish their content, create derivative works and exploit it exclusively for the limited purposes of providing the services. The license continues, even after use ends, for aggregated and de-identified data and residual backup copies. It extends to trusted third parties to the extent necessary to provide the services.

The content of posts must be accurate and suitable for all ages. Publishing illegal content or activities that incite illegal behavior, hatred or violence, sending spam or transmitting viruses or code is unacceptable and automatically banned.

The calendar may not be used to invade other users’ privacy, with stalking and any type of harassment banned. The public calendars feature serves only to share public appointments.

INCICLE provides an optional integration with Google Calendar that allows the USER to connect their Google account and view events existing in their primary calendar within the INCICLE Calendar.

To use the integration, the USER must authorize the access requested by Google. INCICLE will request permission to view events in the primary calendar through the scope (calendar.events.readonly), as well as the email address associated with the connected Google account. INCICLE does not request permission to create, change, edit or delete events in Google Calendar.

Events are queried directly from Google when the USER accesses the integrated INCICLE Calendar, exclusively to enable their display within the platform. Depending on the information made available by Google, the title, date, time, location, description, guests, meeting link, recurrence and reminder may be displayed.

To maintain the authorized connection, INCICLE stores only the access tokens issued by Google and the email address of the connected account. INCICLE does not store event content, does not use this information for advertising or training artificial intelligence models, does not sell it and does not share it with third parties.

No person at INCICLE reads event content, except with the USER’s express authorization, for example, during support assistance, for security reasons or to comply with a legal obligation.

The USER may revoke the integration at any time through the system itself by accessing Calendar + Integrate calendar + Manage integrations and deleting the connected account. At that time, INCICLE permanently deletes the stored tokens and requests that Google revoke the access granted. Authorization may also be revoked directly in the Google account settings through https://myaccount.google.com/permissions.

InCicle's use and transfer to any other app of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements.

InCicle's use and transfer to any other app of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements.

Use of the integration is subject to these INCICLE Terms of Use and applicable Google policies. For questions related to the integration or the processing of information obtained through Google APIs, the USER may contact dpo@incicle.com by email.

The data provided will be used to recommend useful connections, content and features. INCICLE will use the data, for example, to recommend jobs and target advertising. Keep your data up to date.

From time to time, INCICLE may request suggestions, ideas, recommendations, corrections and feedback. The contact is intended to improve the services and may be made through the registered email address or the platform itself. The user is not obliged to provide feedback, but by doing so authorizes INCICLE to reproduce, develop, use, create derivative works, publicly perform, display, transmit, distribute, license, sell or discard such content without any remuneration.

The information available in the MANAGEMENT module is known to all members added to the board. By joining, you agree to the sharing of tasks and information among the group included on the board, as well as the viewing of each member’s efficiency and disclosure of your own.

This Instrument was originally created and written in Portuguese. In the event of a conflict between the translated version and the original version, the Portuguese version will prevail, except where prohibited by applicable legislation.

To the maximum extent permitted by applicable law, INCICLE disclaims any express, implied or statutory warranty, including, without limitation, any warranty of merchantability or fitness for a particular purpose, data accuracy, inviolability or availability of the services and brand characteristics.

INCICLE does not warrant that the services will be uninterrupted or error-free, especially due to third-party services (such as connection problems, which are the user’s sole responsibility). The limitations of liability form part of the basis of the agreement and apply to all claims, even if INCICLE has been informed of the possibility of any damage, and even if the remedies fail in their essential purpose.

Such limitations do not apply to liability for death, bodily injury, fraud, intentional misconduct, or in cases of negligence in a breached material obligation, but only to the extent that the damage was caused directly by the breach, was foreseeable upon conclusion of these Terms and is typical in their context.

To the maximum extent permitted by law, INCICLE will not be liable for loss of opportunity or business, loss of data or any indirect, incidental, consequential, special or punitive damages.

Only users and CO-CONTROLLERS are responsible for the data and information they publish, INCICLE being an intermediary platform and not responsible for results. The user is solely responsible for written content and the consequences of posts and disclosures. Questions and answer options created by ADMINISTRATOR USERS and/or CO-CONTROLLERS are not INCICLE’s responsibility, including with regard to copyright.

In surveys conducted by INCICLE, responses will be used for reports sent to the CO-CONTROLLER and, occasionally, to ADMINISTRATOR USERS. Confidentiality is determined by the CO-CONTROLLER when creating and/or enabling survey instruments. INCICLE will not, under any circumstances, share individual responses from anonymous surveys.

INCICLE is NOT responsible for:

• Vacancies opened by CO-CONTROLLERS and ADMINISTRATOR USERS, the quality, security, legality, truthfulness or accuracy of listings and companies’ ability to offer opportunities, including the hiring model.
• The selection of candidates for any stage of the selection process, which is exclusively the responsibility of CO-CONTROLLERS and ADMINISTRATOR USERS.
• Data provided by candidates, errors in completing information or lack of truthfulness and their consequences.
• Direct negotiations between candidates and CO-CONTROLLERS/ADMINISTRATOR USERS.
• Links to other sites, provided solely for convenience; there is no control over or responsibility for third-party content, privacy policies or practices. Access is at the user’s own risk.

Any total liability for damages of INCICLE, its affiliates, directors, employees, agents, suppliers and licensors arising from these Terms or the services is limited to the amount paid by you to INCICLE for use of the services in question in the 12 (twelve) months preceding the event giving rise to liability.

As a CO-CONTROLLER and ADMINISTRATOR USER, you have CONTROLLER responsibilities for the personal data collected and/or entered by you, with a duty to familiarize yourself with the data protection laws applicable in the country or countries in which you and your participants operate.

We recommend:

• Having clear policies to share with participants.
• Ensuring lawful grounds for collecting data about someone.
• Ensuring lawful grounds for collecting data from the person providing feedback and recording PDI actions.
• Managing your data with utmost security.
• Giving 02 (two) or more users ADMINISTRATOR USER access to your organizations and projects, ensuring continuity in the event of absence, leave or unavailability.

If we receive a request concerning data of a participant in an assessment or organization to which you have access, we will provide your contact details to the participant so that they can contact you directly. It is your responsibility to respond; INCICLE will help by facilitating the export of reports and collected responses.

The CO-CONTROLLER and the ADMINISTRATOR USER will indemnify and hold harmless INCICLE and its affiliates, executives, agents and employees from all liabilities, damages and costs (including settlement costs and reasonable attorneys’ fees) resulting from user claims or related to use of the Services by you or your end users, or a breach of these Terms caused by you.

The INCICLE platform may not be used for unlawful, offensive, abusive or obscene purposes. INCICLE aims for a healthy virtual environment, aligned with applicable laws, and does not condone any form of discrimination, such as:

• Offenses against honor, image, reputation and dignity.
• Dissemination of pornography and other forms of sexual gratification.
• Acts of racism or discrimination of any nature.
• Bullying, cyberbullying, stalking or any other form of unlawful coercion or harassment.
• Tampering with or destroying data without authorization, or installing vulnerabilities to obtain unlawful advantages.
• Incitement to or advocacy of criminal acts (trafficking, drug use, rape, homicide, fraud and other abusive content).

The user may not:

• Violate the rights of others, including intellectual property (copyright, trademarks, patents, software, etc.), privacy and personal data protection, for any type of content (text, video, audio or image).
• Upload, store, process or transmit code, files, scripts or programs that are malicious or compromise the security and integrity of the platform or cause damage to it, the consumer, other users or third parties.

If false statements in documents, fraud or publication contrary to these Terms are identified, INCICLE may end the relationship. INCICLE will discontinue the provision of services for recurring or excessive violations and may take measures to prevent future use, including blocking the IP address, among other measures.

The partial invalidity of these Terms will not affect the part deemed valid; the obligations are severable from each other. If any provision is deemed unenforceable by a competent court, it must be considered individually, with the others remaining in full force and effect.

Either party may terminate this contract at any time, regardless of notice, except where the service is paid. Upon termination, the user loses the right to access or use the services. Even after termination, INCICLE may use and disclose your comments; other users will retain rights to share content and information disclosed before termination. For paid services, amounts due before termination remain due after it.

If this Instrument is terminated, neither party will be held liable for that act. This Instrument (and the other Terms) constitutes the entire agreement between you and INCICLE, superseding prior or contemporaneous agreements, whether express or implied. The relationship between you and INCICLE is that of independent contracting parties, and not legal partners, employees or agents. Use of the terms “includes”, “including”, “such as” and similar terms will not be construed as a limitation. Failure or delay in exercising a right does not constitute a waiver.

If you do not log in for more than 12 (twelve) months, we may close your account and delete all its content. We will try to notify you by email beforehand, but this is not an obligation of INCICLE. When you give up your account, your personal data disappears from the INCICLE Platform within 24 hours, but will remain stored in the database for compliance with legal obligations (court orders and the like), regulatory requirements, dispute resolution, security and prevention of fraud and abuse.

Shared information (for example, InMail, updates or group posts) may remain visible even after account closure or profile deletion. Content posted by closed accounts will be displayed as created by an “unknown user”. Your profile may continue to be displayed on third-party services (such as search results) until they update their cache. INCICLE does not control data copied from the platform by other users.

The account will also be closed in the event of the user’s death; a family member must report and request cancellation, with a Death Certificate. At INCICLE’s discretion or by court order, account content may be provided (never passwords or login details). The family member must send the deceased user’s Name, RG, CPF and email address, as well as an official identity document or CNH and Death Certificate, to dpo@incicle.com with the subject “Death”. Documents in another language require a sworn translation. After review, INCICLE will close the account within 07 (seven) days.

As the creation of more than one registration per CO-CONTROLLER is prohibited, in the event of multiple registrations, INCICLE reserves the right, at its discretion and without compensation, to disable all existing registrations in the user’s name and may refuse to accept a new registration. Exceptional cases will be decided exclusively by INCICLE. INCICLE reserves the right not to allow new registrations by users previously canceled, disabled, blocked, deleted or suspended for violations of its policies and applicable legislation.

To contact us, simply send an email to dpo@incicle.com.

Data Protection Officer (DPO): Rafael Giupponi Ribeiro, dpo@incicle.com.