Terms of Use and Services

Overview

These terms define rules that must be followed when using Gupy Climate and Engagement and can be consulted at any time by the User through Gupy Climate and Engagement.

It is important for you to know that the Privacy Notice of Gupy Climate and Engagement is an integral part of these Terms.

When using Gupy Climate and Engagement integrated with another application (e.g., Slack and/or Microsoft Teams), you also agree to the following Terms of Use.

The acknowledgment and acceptance of these Terms are absolutely essential for the use of Gupy Climate and Engagement and the Services offered by Gupy and Pulses. Therefore, for correct use, you must read, ensure you have understood, and accept all the conditions established in these Terms.

Definições

Content: Any information inserted by Users on the Platform;

Client Company: refers to the company that contracts the services offered by Gupy and Pulses, especially the services related to Gupy Climate and Engagement to answer questions, provide feedback, respond to evaluations, view the results obtained, operate other functionalities, as well as respond to inquiries that will be part of the information obtained, for the preparation of reports;

Gupy: refers to the company GUPY TECNOLOGIA EM RECRUTAMENTO LTDA, registered under CNPJ number 23.514.668/0001-52, headquartered at Avenida Paulista, 1079, Bela Vista, in the City of São Paulo, State of São Paulo, ZIP code: 01.311-200. Manager of Gupy Climate and Engagement;

Gupy Climate and Engagement: refers to Gupy and Pulses' Climate and Engagement Platform for managing surveys, communication, and feedback from employees, consolidating the results into dashboards for Company Users and Users;

LGPD: General Data Protection Law - Law No. 13,709, of August 14, 2018;

Pulses: refers to the company PULSES SERVICOS DIGITAIS S.A., a closely held corporation, located at Avenida Ministro Victor Konder nº 740, 1st floor, room 01, Centro neighborhood, Itajaí/SC, ZIP code: 88301-701;

User: Employee of the Client Company designated by the Company User to use Gupy Climate and Engagement;

Administrator User: Employee of the Client Company who uses and manages Gupy Climate and Engagement.

Aplication of these Terms

These Terms will apply to you as soon as you start using Gupy Climate and Engagement by creating an Administrator User account and will only cease to apply if and when your relationship with Gupy ends, especially in the following cases:

• due to your departure from the Client Company;
• due to revocation of your access by the Administrator User;
• due to the termination of the contract between Gupy and Pulses and the Client Company.

If your account is subsequently reactivated, these Terms will again apply to you in their current version.

Services provided by Gupy and Pulses

Gupy and Pulses offer the following Services to Client Companies:

• services provided according to the contracted plan;
• measurement of corporate data;
• conducting periodic assessments to measure organizational climate, identifying strengths and areas for improvement;
• implementation of personalized strategies to promote a positive and productive work environment;
• continuous monitoring of the climate to ensure timely adjustments and interventions;
• development of programs and initiatives to promote employee engagement;
• implementation of effective communication practices to strengthen the relationship between the team and leadership;
• analysis of feedback and creation of specific actions to maintain and increase engagement;
• implementation of performance management systems, including regular evaluations, goal setting, and constructive feedback;
• development and implementation of strategies to strengthen the company's cultural values;
• introduction of practices that promote an inclusive, innovative culture aligned with strategic objectives.

Terms of Access and Use

Registration: Your registration will be done by the administrator of Gupy Climate and Engagement indicated by your company or with support from Gupy. If you want to make any changes to your registration, access your profile screen or contact the administrator;

Access account: For the use of Gupy Climate and Engagement, Gupy will provide you with an account, which will be accessed through email (login) and password;

Individual and non-transferable access: It is prohibited to provide these data to third parties, and you will be fully responsible for their use. In case of unauthorized use of your account, you must inform us immediately, through atendimento.suporte@gupy.com.br, assuming all risks arising from any unauthorized access;

Account linked to the Client Company's management platform: If your user account is linked, via single sign-on, with the Client Company's management platform (SAML), Gupy and Pulses will not have access to your data nor be able to modify them within Gupy Climate and Engagement. Any necessary changes, including password changes, must be made by contacting the administrator of Gupy Climate and Engagement at the Client Company and/or the Client Company's IT Department;

Account closure: Gupy and Pulses may close the User's account and delete any content contained therein if there is no activity (such as login) for more than 12 (twelve) months.

General User Guidelines

All information, data, texts, programs, music, sounds, photographs, graphics, videos, advertisements, messages, and other materials sent, inserted, or displayed by the Client Company are solely the responsibility of the author of such content.

The Administrator User, on behalf of the Client Company, must use Gupy Climate and Engagement only for lawful and authorized purposes. Gupy and Pulses have the right to take measures, including Content removal, suspension or cancellation of registration, temporarily or permanently, and other appropriate actions, if the Administrator User uses Gupy Climate and Engagement in violation of these Terms and/or improperly, such as providing false information or compromising its integrity. This also applies to actions that may create liabilities for Gupy and Pulses, including actions such as defaming your brand, public image, or that of your Internet providers and other suppliers.

It is prohibited for the Administrator User to:

• violate/attempt to violate Gupy's and Pulses' security as an attempt to investigate, copy, and test system vulnerability, network, security breach, or authentication measures without authorization;
• forge TCP/IP headers or any part of the header information in any email or newsgroup postings;
• aggregate, copy, or duplicate parts of Gupy Climate and Engagement;
• adapt or provide a link to any Content from Gupy and Pulses or information available on the Website or the Application, unless permitted by this Term;
• post content or materials that promote or endorse false/misleading information or illegal activities, as well as information offering instructions for illegal or prohibited activities according to this Term;
• access third-party data, servers, or accounts that you are not authorized to access;
• post content containing pages with restricted access or password, as well as hidden pages or images;
• attempt to interfere with services for Users, administrators, or networks, including but not limited to methods of sending viruses to the site, overload, message accumulation without content, spam, "email bombs," or crashes;
• illegally use Gupy Climate and Engagement for any illegal activity, include or submit any type of defamatory, accusatory, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, angry, racist, discriminatory, and irritating, inconvenient, humiliating, anxiety-inducing, and considered harassment. Links to pornographic, indecent, or explicitly sexual content of any kind are also not allowed, as determined at the discretion of Gupy and Pulses.

Security system and network violations may result in civil and/or criminal proceedings: Gupy and Pulses will investigate occurrences that may result in violations, including but not limited to those mentioned above, and may engage and cooperate with authorities and public security agencies in punishing Users who commit violations.

If ideological falsehood or fraud related to the nature of the Administrator User's activities on Gupy Climate and Engagement is identified, Gupy and Pulses may, at their discretion, notify and even terminate the contract with the Client Company, and may also be considered crimes under the Penal Code, subject to penalties.

Functionalities

Gupy and Pulses through Gupy Climate and Engagement offer functionalities according to the plan contracted by the Client Company.

• Survey Customization

Before starting any survey, the Client Company must configure the level of confidentiality that will be applied, according to the interests and strategy defined for that survey.

Once the survey is made available for response, all Users will be informed about the applicable confidentiality level, either at the beginning of the survey, during, or both. This notice is mandatory and cannot be disabled under any circumstances, nor can its content be edited by the Administrator User.

It is important to note that, to respond to surveys, Users need to be logged in, and this data is automatically associated with the respondent's response and consolidated with demographic data, without identifying the respondent. To attribute responses to the User who responded to them, as well as to ensure that each User responds to the same survey only once, avoiding duplicate responses, User authentication is performed, through their CPF, internal identifier, or the email sent to the User requesting the responses.

For this reason, surveys are not anonymous but are confidential, depending on the classification made by the Administrator User.

To learn more details about the subject, access the article available in our Help Center by clicking here.

a. Confidential Surveys

When configured as CONFIDENTIAL, the survey will not allow individual identification of respondents, being completely confidential. The initial screen of the survey will display the message: "This survey is confidential, and your individual responses are protected."

This procedure ensures the privacy and security of the information provided by respondents, promoting the reliability and integrity of the survey. Such surveys can be used to ensure that Users feel comfortable providing genuine feedback without fear of retaliation.

b. Partially Confidential Surveys

In surveys configured as PARTIALLY CONFIDENTIAL, the respondent may be identified, but only to the Administrator User and upon request via Support. In the response dashboard, the results will be displayed in the same way as in confidential surveys.

PARTIALLY CONFIDENTIAL surveys must be configured with a minimum number of respondents for the results to be displayed on the analytical dashboard.

The initial screen of the survey will display the message: "This survey is partially confidential. Administrators and users linked to access profiles with specific permission may view results with a minimum of 3 respondents." The minimum number of respondents will depend on what was configured in the survey, which can be 3, 5, or 7.

c. Identified Surveys

In IDENTIFIED surveys, users with access permission will be able to view the responses of employees directly on the dashboard, with respondent identification. The initial screen of the survey will display the message: "This survey is identified. Managers and Administrators will be able to see results at the individual level of respondents."

d. Breach of Confidentiality

Confidentiality breach may occur in cases where a respondent User violates the guidelines established in this document. If there is a violation of the rules defined in item 6, including misuse of Gupy Climate and Engagement, use of offensive language, provision of false information, defamation of the brand, or practices that may create liabilities for Gupy, Pulses, or the Client Company, Gupy Climate and Engagement, together with the Client Company, reserves the right to break the confidentiality of the survey. This measure may be taken exclusively to verify the violation of the guidelines and take appropriate measures.

• Report Generation

The responses provided by Users to the survey instruments of Gupy Climate and Engagement will be used to generate reports to be delivered to the Administrator User and other Users provided access by the Administrator User.

Support

Company Users can contact Gupy and Pulses Support via email atendimento.suporte@gupy.com.br. Contacts will also be responded to by email, from Monday to Friday, from 9 am to 6 pm, except on holidays.

You can also find various information in our Help Center: https://suporte.gupy.io/s/?language=pt_BR. 

Reports

Responsability of Gupy and Pulses through Gupy Climate and Engagement

GUPY and PULSES are responsible for providing clients with:

• Support via chat/email;
• Access to all knowledge base (videos, tutorials, tips, and FAQs);
• Access to the community with Webinars, sharing experiences among clients, and news from Gupy and Pulses;
• Collective meetings for platform implementation and parameterization (Employee Management (base), explanation of functionalities, survey deployment, and tips for success with the tool).

The number of interactions planned in the Journey may vary according to the modules purchased; this information will be provided by the CS team in your first contact.

GUPY and PULSES are NOT responsible for questions and response options created by Client Company Users in modules that allow survey customization. In the event of occasional replication of survey instruments belonging to third parties, in whole or in part, the Client Company shall be legally responsible for the violation of copyright resulting from the inappropriate use of these survey instruments.

Intellectual Property

The license to use Gupy Climate and Engagement does not imply, in any way, the provision of source code or internal software structure or any other technology or functionality of the platform, being the exclusive property of Gupy and Pulses.

The Administrator User receives a limited, non-transferable, non-exclusive, royalty-free, and revocable license to download, install, run, and use Gupy Recruitment and Selection on their device. Sale, transfer, modification, reverse engineering, or distribution, as well as copying of texts, images, or any parts thereof, is expressly prohibited.

The right to all content of Gupy Climate and Engagement is owned by Gupy and is protected by intellectual property rights. Users may not create derivative works, copy, sell, or distribute the Content, under penalty of civil and criminal liability for violation of intellectual property, and the use of the material must be exclusively for private and individual use by the User. When the Content is produced/supplied by the Client Company, this material will be owned by the Client Company.

It is not allowed to use any of the trademarks, trade names, service marks, logos, domain names, or other intellectual property of Gupy, whether linked to Gupy Climate and Engagement or not.

Privacy and Data Protection

Gupy and Pulses, through Climate and Engagement, comply with and follow the guidelines established by the LGPD, prioritizing the User's privacy, so that the personal data of Company Users collected will only be used for the specific purpose of contractual execution, in the service provision modality.

The Client Company is aware that by choosing to use Gupy Climate and Engagement outside Brazil, it may be subject to other legislation, in addition to the LGPD, which may result in penalties, without Gupy having any interference.

For more information, please refer to our Privacy Notice, available at: Privacy Notice of the Climate and Engagement Platform.

Price

The use of Gupy Climate and Engagement by Client Companies is formalized through a contract. For more information, please refer to your company's contract.

Penalties

Failure to comply with any clause of these Terms of Use may lead to the cancellation of the User's Platform registration, and may also result in liability in civil and criminal spheres.

Changes, Modifications, and Termination

Gupy and Pulses reserve the right to modify these Terms at any time for legitimate reasons, and may, at any time, modify or discontinue (temporarily or permanently) the distribution or updating of Gupy Climate and Engagement. Whenever there is a significant change, we will make our best efforts to communicate it to you. However, we recommend that you periodically visit this page to check the latest Terms established for the use of Gupy Climate and Engagement.

If any clause of these Terms becomes invalid, illegal, or unenforceable, this will not affect, in any way, the validity, legality, and enforceability of the remaining clauses. Gupy and Pulses do not waive any of their rights by not enforcing the provisions of these Terms, and may exercise them as appropriate and within legal deadlines.

This Term is valid for an indefinite period, starting from the date of Electronic Acceptance by the User.

Acceptance

THESE TERMS HAVE THE NATURE OF AN ADHESION CONTRACT, AND BY AGREEING TO THE PROVISIONS HEREIN AND STARTING TO USE GUPY CLIMATE AND ENGAGEMENT, YOU EXPRESSLY, FREELY, AND INFORMEDLY AGREE TO THE TERMS AND CONDITIONS. YOU AGREE, THEREFORE, TO RESPECT THE CONDITIONS STATED HEREIN IRREVOCABLY AND IRREVOCABLY, AND TO USE THE SERVICES OFFERED BY GUPY AND PULSES THROUGH GUPY CLIMATE AND ENGAGEMENT IN A BENEFICIAL AND LEGAL MANNER.

The User understands and acknowledges that they have legal capacity to enter into these Terms of Use and use the service.

Applicable Law and Jurisdiction

The Terms of Use are governed and interpreted according to Brazilian law, due to the services being offered in the national territory, and the competent forum to settle issues related to this document is the forum of São Paulo - SP.

Last Updates

Last updated on February 23, 2024