0. PURPOSE
These Terms of Use and Privacy Policy are intended to regulate access to and use of the LMS Platform, provided by MSX International BR (“MSX BR”), registered with CNPJ/MF no. 23.167.140/0001-54, headquartered at R. Amazonas, 439, 13th floor – Centro – São Caetano do Sul – SP – Brazil, CEP: 09520-070.
Contact of the Data Privacy Officer (DPO):
Through the LMS Platform, you (“You” or “User”) will have access to information related to your courses or training (pending issues, approvals and failures, performance grades, notifications, communications, videos and questionnaires).
These Terms may be viewed by the User at any time on the LMS Platform. Furthermore, in order to better serve the User, these Terms are subject to continuous improvement, which is why their content may be changed at any time, unless there is a legal prohibition in this regard. Therefore, it is recommended that you access these Terms periodically and make sure that you have checked the most up-to-date version, as indicated at the end of the document. If you do not agree with any provisions or updates of the document, please do not use the LMS Platform.
1. Acceptance of the Terms
Before starting to browse and use the LMS Platform, the User must read these terms carefully and in full and, only if they agree with what is set forth, proceed with accessing the Platform. If you do not agree with the provisions of this document, do not use the Platform.
By accepting these Terms:
- the User declares that they have read, understood and agreed to the Terms, rules and conditions set forth herein;
- The User declares that he/she is solely and exclusively responsible for all information provided for registration on the Platform, including before third parties, for any damages or losses resulting from incorrect, incomplete or false information entered or indicated in this environment. If false or altered information is used or entered on the Platform, the User will be subject to any and all applicable sanctions provided for in Brazilian law, including criminal law.
2. Access and Use of the LMS Platform
The LMS Platform is available at the link:
https://cnhiacademy.com
In this environment, the User may take professional courses and training and monitor their performance.
3. Duration and Termination of the LMS Platform
The LMS Platform is made available to the User for an indefinite period. MSX BR may, at any time, discontinue the LMS Platform, without prior notice to the User and without any compensation being due to the termination.
MSX BR may also, at any time, limit the User's access to the LMS Platform, and may deny or suspend access in the event of suspected improper or illicit use of the LMS Platform, which may result in the deletion of all information provided in this context, without any compensation or compensation for this reason.
4. Rules for Using the LMS Platform
By accessing the Platform, the User is declaring that he/she is aware of and accepts these Terms, as well as:
- being civilly capable in accordance with Brazilian law, or being duly authorized by his/her legal guardians to accept these Terms and to register on the LMS Platform (articles 2, 3 and 4 of Law 10.406/02);
- being aware that he/she may not insert any illicit, copyrighted, abusive, vexatious or content capable of violating third party rights on the LMS Platform; • be aware that you must not insert into the LMS Platform, by any means and/or tools, materials capable of preventing the normal and expected operation of the LMS Platform (such as viruses, malware, etc.) or that are capable of damaging electronic documents and stored files; and
- by accepting these Terms and accessing the LMS Platform, the User acknowledges that he/she is solely and exclusively responsible, in any event, exempting MSX BR from any liability for damages and losses arising from the improper use of the LMS Platform.
5. Rules for Accessing the LMS Platform
By accessing the Platform, the User is declaring that he/she is aware of and accepts these Terms, as well as:
- being aware of maintaining the confidentiality of his/her login and password for accessing the LMS Platform;
- being aware that he/she should not share and/or allow third parties to access the LMS Platform using his/her login and password;
- providing and maintaining updated, accurate and complete registration information about himself/herself and his/her company;
By accessing the Platform, the User agrees to accept responsibility for all activities that occur under his/her account. If we have reasonable grounds to suspect that the information you provide is inaccurate, incomplete or impersonates another person, we reserve the right to suspend or terminate your account.
6. Sharing of Personal Data
By accessing the Platform, the User will be declaring awareness and acceptance of these Terms, as well as:
- being aware that due to the nature of CNHI's operations, it may be necessary to disclose their Personal Data to people, departments of CNHI or affiliated companies of CNH Industrial Brasil Ltda., of which CNHI is a part;
- Users acknowledge that CNHI may share their Personal Data with Third Parties, and that the sharing will be done under a Personal Data Processing and Protection Agreement ("DPA") with the Third Party;
- being aware that the sharing of personal data may include the transfer of personal data to other countries. If CNHI carries out an international transfer of Personal Data, and if the country that will receive the Personal Data does not have an adequate level of data protection according to the determination of the ANPD, CNHI must, before the transfer, establish which mechanism will be used to guarantee the legality of the international transfer of Personal Data, in accordance with the rules contained in the LGPD and regulations issued by the ANPD.
7. Intellectual Property
All texts, photographs, images, videos, illustrations, icons, technologies, links and other audiovisual or sound content, including the LMS Platform software itself, graphic designs and source codes, are the exclusive property of MSX BR, and are protected by international laws and treaties. Their copying, reproduction or any other type of use is prohibited, and violators will be subject to the corresponding civil and criminal sanctions, under the terms of Laws 9,279/96, 9,609/98, 9,610/98.
The brands, trade names or logos of any kind presented through the LMS Platform are the property of MSX BR or of a third party that has authorized their use, so that the use of the LMS Platform does not constitute authorization for the User to cite such brands, trade names and logos.
The User undertakes to comply with all national and international laws regarding Intellectual Property Rights.
8. Disclaimer
In addition to the other disclaimers of liability set forth herein, MSX BR shall not be liable:
- for errors or inconsistencies in data transmission, for the quality or availability of the Internet connection, which prevent the proper receipt of information by MSX BR or by the User;
- for the presence of viruses or other harmful elements in the LMS Platform, capable of causing changes to its computer systems (software and hardware), electronic documents and invoices generated for payment by the User, exempting MSX BR from any liability for any damages and losses resulting from any harmful elements introduced by third parties; • for damages and losses of any nature resulting from knowledge that unauthorized third parties may have of any data provided by the LMS Platform, as a result of a failure exclusively related to the User or third parties that exceeds any reasonable control of MSX BR;
- unforeseeable circumstances or force majeure will exclude the liability of the parties, in accordance with Brazilian Law.
9. Privacy and Data Protection Policy
For information on the personal data collected, the purposes, legal bases for processing and others, the user must access the Privacy Policy available at:
https://cnhiacademy.com/Front/Privacy/Policy
10. Cookies
The LMS Platform uses some Cookies classified as necessary for essential functionalities. To access the Consent Form and obtain more information about cookies, click on:
https://www.cnhiacademy.com/Front/Cookies/
11. Questions
If the User has any questions or requests regarding these Terms or the Privacy and Data Protection Policy, please contact the MSX BR Data Processing Officer through the channel:
https://www1.cnhindustrial.com/en-us/footer/Pages/form.aspx
12. General Provisions
If any provision contained herein is declared invalid under any applicable Brazilian Law, the terms and provisions hereof shall remain in full force and effect.