Terms and Conditions of Use

Welcome to Linkana. We are glad you are here and hope you enjoy everything our platform has to offer.

Please read these Terms carefully, as they constitute a binding agreement between you and Linkana Tecnologia Ltda., a limited liability company registered under CNPJ No. 32.138.431/0001-05, with headquarters at Alameda Vicente Pinzon, No. 54, Vila Olímpia, São Paulo/SP, ZIP 04547-130 (“Linkana” or “we”).

By accessing or using the Linkana platform (“Platform”), you fully agree to these Terms of Use and to our Privacy Policy, which governs the processing of personal data, as well as to our publicly available Information Security guidelines.

If you do not agree with any condition of these Terms, you must not use the Platform.

1. CAPACITY AND ACCEPTANCE

1.1. By using the Platform, you declare that:

you are 18 years of age or older; or
you are an emancipated minor or are duly authorized by your parents or legal guardians; and
you are fully capable of entering into these Terms and complying with their obligations.

1.2. You undertake to observe and comply with all applicable laws and rules defined for the use of the Platform, releasing Linkana from any liability, joint or subsidiary, arising from acts performed in violation of these Terms or our Privacy Policy.

1.3. Acceptance of these Terms occurs:
upon registering on the Platform, by selecting the acceptance option; or
upon accessing, browsing or using the Platform in any way.

2. DEFINITIONS

For the purposes of these Terms:

Platform: cloud environment, accessed via login and password or other authentication mechanisms (such as Single Sign-On), intended for sending, managing and viewing data and documents related to the relationship between Buyers and Suppliers.
User: individual or legal entity that uses the Linkana Platform, either as Buyer, Supplier or another authorized profile.
Buyer: User who uses the Platform to consult, analyze and manage supplier information (potential or actual), service providers and other business partners.
Supplier: User who sends information and documents (public or private) to Linkana through the Platform, in order to make such data available to potential or actual Buyers.
Public Information and Documents: data obtained from official or public sources (e.g., government websites, commercial boards, courts, regulatory bodies), such as certificates, registration records, procedural information, among others.
Private Information and Documents: any corporate or personal data, confidential or sensitive, provided by the User through the Platform for commercial or business relationship purposes.
Personal Data: information related to an identified or identifiable natural person, under Law No. 13,709/2018 (LGPD).
Sensitive Personal Data: personal data defined as sensitive by LGPD, including, for example, health data, racial or ethnic origin, data on disability or special needs, sexual orientation, among others.

3. LINKANA AND THE PLATFORM

3.1. Linkana provides a SaaS-model digital platform that automates and simplifies processes for onboarding, due diligence, qualification and management of suppliers and business partners.

3.2. Linkana does not provide legal, accounting or auditing services of any kind. Information provided by the Platform does not constitute legal, accounting or specialized consultancy advice.

3.3. Regarding Personal Data, Linkana may act as:

controller, when it defines the purposes and means of processing (e.g., Platform access data, usage logs, data necessary to provide the service to the customer); and/or
processor, when it processes personal data on behalf of the Buyer, according to contractual instructions.

The legal bases and details about personal data processing are described in our Privacy Policy, which is an integral part of these Terms.

3.4. Linkana will not analyze, manage or make Private Information and Documents available for consultation without appropriate authorization, in compliance with these Terms, the Privacy Policy and applicable data protection legislation.

4. REGISTRATION, ACCOUNT AND SECURITY

4.1. At registration and during use of the Platform, the User must provide true, complete and up-to-date information. The User is solely responsible for the truthfulness, integrity and updating of the data provided.

4.2. Access to the Platform is performed through individual credentials (login and password) or through federated authentication solutions (such as Single Sign-On). Sharing accounts or credentials between people is prohibited.

4.3. The User undertakes to:

keep their password confidential and adopt strong passwords;
not reuse the same password on other services;
immediately inform Linkana in case of suspected unauthorized access or account compromise, via dpo@linkana.com or through official support channels;
follow good security practices on their devices and networks (use antivirus, keep the system updated, avoid insecure networks without additional protection, etc.).

4.4. Linkana recommends the use of secure authentication methods, such as:
Single Sign-On (SSO);
passwordless authentication;
multi-factor authentication (MFA);
other alternatives made available on the Platform.

4.5. Linkana is not responsible for damages arising from:
improper use of credentials;
sharing passwords with third parties;
devices infected by malware or compromised by security failures outside Linkana’s control;
internet connection failures or local infrastructure of the User.

4.6. As a security measure, Linkana may block or temporarily suspend access to the Platform in cases of:
suspicion of fraudulent or unauthorized use;
security incidents;
non-compliance with these Terms or the Privacy Policy;
legal or regulatory orders.

5. USE OF THE PLATFORM

5.1. The User undertakes to use the Platform only for lawful purposes and in accordance with these Terms, the Privacy Policy and applicable legislation.

5.2. The User is prohibited from, among other conduct:

using the Platform for illegal purposes or contrary to current legislation;
attempting to obtain unauthorized access to third-party systems, accounts or data;
introducing viruses, malware, malicious scripts or any code that compromises the security of the Platform;
circumventing, disabling or interfering with Platform security features;
copying, reproducing, modifying, creating derivative works, decompiling, disassembling, reverse engineering or commercially exploiting the Platform without express authorization from Linkana, except as permitted by law.

5.3. Intellectual property: Use of the Platform does not grant the User any intellectual property rights over the Platform, its code, layout, features, trademarks or content. Any improvement suggestion, feedback or new feature suggested by the User may be freely used by Linkana, without generating any right to compensation or participation.

5.4. Linkana may modify, update or discontinue Platform features at any time, with or without prior notice, respecting current contracts with Customers and specific commercial terms.

5.5. Linkana is not responsible for the authenticity of Private Information and Documents or Personal Data provided by Users, who may be held civilly and/or criminally liable for providing false, incomplete or illegal information.

6. PUBLIC AND PRIVATE INFORMATION AND PERSONAL DATA

6.1. Linkana may, as contracted, consult and consolidate Public Information and Documents from official sources (public bodies, commercial boards, courts, etc.). Linkana does not control the content, availability or updating of these sources and is not responsible for any unavailability, query errors or failures in information provided by third parties.

6.2. Private Information and Documents and Personal Data provided by Users will be processed by Linkana in accordance with:

these Terms;
Linkana’s Privacy Policy;
any contracts entered into between Linkana and the Buyer;
applicable legislation, including LGPD.

6.3. Linkana will make Private Information and Documents provided by Suppliers available to Buyers provided there is appropriate legal basis and/or authorization for it, with the use of such data restricted to legitimate purposes linked to the use of the Platform and the commercial relationship between Buyer and Supplier.

6.4. Buyers are fully responsible for:
using information obtained through the Platform only for legitimate purposes compatible with these Terms and applicable legislation;
complying with their own obligations as personal data controllers;
being liable for any misuse of Private Information and Documents or Personal Data of Suppliers obtained via the Platform.

7. SOFTWARE AS A SERVICE (SaaS), PRICES AND AVAILABILITY

7.1. Buyer access to the Platform is offered in the Software as a Service (SaaS) model. Supplier access may be free or paid, according to commercial conditions negotiated with the Buyer or with Linkana itself.

7.2. At its discretion, Linkana may provide trial periods for Platform evaluation by Buyers, according to agreed commercial conditions.

7.3. After the trial period ends, if there is no contracting, access may be blocked at any time.

7.4. Prices, plans and commercial conditions may be changed by Linkana at any time, with notice to the Customer, respecting contracts in force.

7.5. Payments will be made according to the payment conditions provided at the time of contracting or established in the contract.

7.6. Linkana uses renowned and globally used cloud providers to make the Platform available. Although we use our best efforts to maintain availability, interruptions and failures may occur for reasons beyond our control (provider unavailability, cyberattacks, network failures, force majeure events, etc.).

7.7. Linkana does not guarantee that the Platform will be free of errors or interruptions. In any case, Linkana’s liability for any unavailability or failures will be limited, where applicable, to the amount actually paid by the User/Customer for the affected services, with no compensation due for indirect damages, loss of profits, loss of revenue or moral damages, unless otherwise established in a specific contract or required by law.

8. INFORMATION SECURITY

8.1. Linkana maintains an Information Security Program aligned with international standards (such as ISO 27001/27017) and described in its public Information Security Policy.

8.2. Among other measures, Linkana adopts:

data encryption in transit and at rest, where applicable;
access controls based on least privilege;
multi-factor authentication (MFA) in critical systems;
monitoring, log recording and incident detection;
backups and business continuity plans;
secure development processes and vulnerability management.

8.3. In case of a security incident involving Personal Data that may cause relevant risk or damage to data subjects, Linkana will follow its internal incident response procedures and make appropriate communications to Customers, data subjects and competent authorities, within the timeframes and conditions provided by law.

8.4. The User is also responsible for adopting reasonable security measures in their own environments (devices, networks, internal systems). Linkana is not responsible for failures outside its sphere of control.

9. TERMINATION, SUSPENSION AND DATA DELETION

9.1. Linkana may limit, suspend or cancel User access to the Platform, in whole or in part, in the following cases, without prejudice to others:

non-compliance with these Terms or specific contracts;
delay in payment of amounts due under contract for more than 90 (ninety) days;
practice of illegal or harmful acts against Linkana, other Users or third parties;
judicial, administrative or regulatory order.

9.2. In the event of contract termination, and in the absence of a different period in the contract:
User information will remain available for consultation for 90 (ninety) days;
after this period, data will be deleted or anonymized, observing legal and regulatory retention obligations, as well as retention hypotheses provided for in LGPD and other applicable laws.

9.3. The User may request the deletion of Personal Data and Private Information and Documents, respecting:
legal retention periods;
legal hypotheses for data retention;
any financial pending issues or contractual obligations.

The handling of these requests will follow the procedures and timeframes described in the Privacy Policy.

10. GENERAL PROVISIONS

10.1. Linkana may change these Terms at any time. The updated version will be published on the Platform itself and/or our official channels, with indication of the last update date.

10.2. By continuing to use the Platform after any change, you declare that you agree to the revised Terms. If you do not agree, you must stop using the Platform and may contact us to handle contract termination and any data deletion, as applicable.

10.3. Any tolerance by Linkana regarding non-compliance with any condition of these Terms will not imply waiver or novation of rights, and Linkana may exercise such rights at any time.

10.4. If any provision of these Terms is considered invalid or ineffective, such invalidity will not affect the other provisions, which will remain in full force.

10.5. These Terms are governed by and interpreted in accordance with the laws of the Federative Republic of Brazil, regardless of conflict of laws. The forum of the District of São Paulo/SP is elected as the only one competent to resolve any conflicts related to these Terms, with express waiver of any other, however privileged.

10.6. The User is responsible for maintaining:

internet access with speed compatible with cloud applications;
updated browsers compatible with the Platform (recent versions of Microsoft Edge, Google Chrome, Mozilla Firefox or Apple Safari);
firewall and security settings that allow Platform use.

10.7. Any and all communication regarding these Terms, including questions, suggestions or complaints, may be sent to our Data Protection Officer (DPO):
Leo Cavalcanti
📧 dpo@linkana.com