1. Acceptance of terms and policies
1.1. What information is present in this Term of Use?
In this Term of Use, the user of the iArremate auction transmission platform will find information on: the services operation and the rules applicable to it; the legal framework related to the provision of the service; the users responsibilities when using the service; iArremate responsibilities in providing the service; contact information, if there is any doubt or it is necessary to update information; and the forum responsible for any complaints if issues in this Term of Use have been violated.
By using the services, the user confirms that he has read and understood the Terms and Policies applicable to the service provided by the auction transmission platform iArremate and agrees to be bound by them.
I – personal data: information related to an identified or identifiable natural person;
II – database: structured set of personal data, established in one or several places, in electronic or physical support;
III – Users (or "User", when individually considered) / holder: all natural persons who use the auction transmission platform iArremate, to buy or sell, and to whom the personal data that are the object of treatment refer;
IV – Violation of personal data: it is a breach of security that causes, accidentally or unlawfully, the destruction, loss, alteration, disclosure or unauthorized access to personal data transmitted, preserved or subject to any other type of treatment
V – treatment: any operation performed with personal data, such as those referring to the collection, production, reception, classification, use, access, reproduction, transmission, distribution, processing, filing, storage, elimination, evaluation or control of information, modification, communication , transfer, diffusion or extraction;
VI – controller: natural or legal person, under public or private law, who is responsible for decisions regarding the processing of personal data;
VII – operator: natural or legal person, of public or private law, who performs the processing of personal data on behalf of the controller;
VIII – person in charge: person appointed by the controller and operator to act as a communication channel between the controller, the data holders and the National Data Protection Authority (ANPD);
IX – treatment agents: the controller and the operator;
X – Internet: the system consisting of a set of logical protocols, structured on a worldwide scale for public and unrestricted use, with the purpose of enabling data communication between terminals through different networks;
XI – Sites and applications: sites and applications through which the user accesses the services and content available;
XII – anonymization: use of reasonable and available technical means at the time of treatment, whereby data loses the possibility of association, directly or indirectly, with an individual;
XIII – consent: free, informed and unequivocal manifestation by which the user / holder agrees with the treatment of their personal data for a specific purpose;
XIV – blocking: temporary suspension of any processing operation, by keeping personal data or the database;
XV – elimination: deletion of data or data set stored in a database, regardless of the procedure used;
XVI – report on the impact of personal data protection: controller documentation containing a description of the processes for processing personal data that may generate risks to civil liberties and fundamental rights, as well as measures, safeguards and risk mitigation mechanisms;
XVII – research organ: organ or entity of the direct or indirect public administration or legal entity of private non-profit law legally constituted under Brazilian laws, with headquarters and venue in the country, which includes in its institutional mission or in its social or statutory objective the basic or applied research of a historical, scientific, technological or statistical character; and
XVIII – national authority: public administration body responsible for overseeing, implementing and supervising compliance with this Law throughout the national territory.
3. Legal framework:
Lei nº 12.965, de 23 de abril de 2014 - Civil Framework of the Internet: Establishes principles, guarantees, rights and duties for the use of the Internet in Brazil.
Lei nº 13.709, de 14 de agosto de 2018 - Provides for the protection of personal data.
4. Service description
"I want to sell"
"The iArremate portal is exclusively an auction transmission vehicle. Our portal does not carry out direct sales, however we can assist you so that you can place your work in one of our partner galleries. We can also assist you in the evaluation of the work, to do so fully fill out the form below and we will contact you shortly."
"want to buy"
"The iArremate portal is an auction transmission vehicle that broadcasts the largest and best Brazilian art and antiques auctions. Our customers are the most traditional auction houses operating in Brazil. We are a tool that seeks to facilitate client access to the most valued and desired works on the market. Therefore, we do not make direct sales. To purchase any work you wish, register with us and you will have access to several live auction rooms. The iArremate portal is a vehicle for broadcasting auctions that broadcasts the largest and best Brazilian art and antiquities auctions. Our customers are the most traditional auction houses operating in Brazil. We are a tool that seeks to facilitate client access to the most valued and desired works on the market. Therefore, we do not make direct sales. To purchase any work you wish, register with us and you will have access to several live auction rooms."
5. User rights
The operations of processing personal data through the iArremate platform may be carried out:
The user of the iArremate auction transmission platform has the following rights, conferred by the Personal Data Protection Law:
Right of confirmation and access (Art. 18, I and II): it is the users right to obtain from the service the confirmation that the personal data concerning him are or are not the object of treatment and, if that is the case, the right to access your personal data.
Right of rectification (Art. 18, III): it is the right to request the correction of incomplete, inaccurate or outdated data.
Right to limit the processing of data (Art. 18, IV): it is the users right to limit the processing of their personal data, and may require the elimination of unnecessary, excessive or treated data in non-compliance with the provisions of the General Protection Law of Data. The user has the right to request the total elimination of his data, in which case the anonymization of his data will be made, only for the purpose of complying with legal requirements, for tax purposes.
Right of opposition (Art. 18, § 2): it is the users right to, at any time, oppose the processing of data for reasons related to their particular situation, based on one of the hypotheses of waiver of consent or in case of non-compliance with the provisions of the General Data Protection Law.
Right to data portability (Art. 18, V): it is the users right to carry out data portability to another service or product supplier, upon express request, in accordance with the regulations of the national authority, with due regard for commercial and technical secrets. industrial.
Right not to be subjected to automated decisions (Art. 20, LGPD): the data subject has the right to request a review of decisions taken solely on the basis of automated processing of personal data that affect his interests, including decisions designed to define the your personal, professional, consumer and credit profile or aspects of your personality.
Right to respect for intimacy (Federal Constitution, Art. 5, X): The treatment of personal information must be done in a transparent manner and with respect to the privacy, privacy, honor and image of people, as well as individual freedoms and guarantees.
6. User responsibilities
The user is responsible for the accuracy and veracity of the data reported and recognizes that the inconsistency of these data may imply the impossibility of using the iArremate auction transmission platform.
During the use of the service, in order to safeguard and protect the rights of third parties, the user undertakes to provide only his personal data, not those of third parties and to keep them permanently updated.
The login and password can only be used by the registered user. He is committed to maintaining the confidentiality of the password, which is personal and non-transferable, and it is not possible, under any circumstances, to claim misuse after the act of sharing.
The user is responsible for updating his personal information and consequences for omission or errors in the registered personal information.
The iArremate auction transmission platform cannot be held responsible for the following facts:
a.Equipment infected or invaded by attackers;
b.Equipment damaged at the time of consumption of services;
d.Protection of information based on users computers;
e.Abuse of using users computers;
f.Clandestined monitoring of users computers;
g.Vulnerabilities or instabilities existing in users systems;
In no event will the iArremate auction transmission platform be responsible for installing malicious code (viruses, trojans, malware, worm, bot, backdoor, spyware, rootkit, or any others that may be installed on the Users or third party equipment) created), as a result of Internet browsing by the User.
7. Responsibility of iArremate
IArremate undertakes to comply with all laws inherent to the correct use of the users personal data in order to preserve the privacy of the data used in the service, as well as to guarantee all the legal rights and guarantees of the data holders.
It is also obliged to implement security and confirmation controls to protect the personal data of the holders.
IArremate may, in relation to court orders requesting information, share information necessary for investigations or take action related to illegal activities, suspected fraud or potential threats against people, goods or systems that support the service or otherwise necessary to comply with our legal obligations. If it occurs, the data subjects will be notified, except when the process is in secret. The data obtained and collected will be stored as long as the user keeps his registration active. The user / holder can request information about their personal data at any time, as well as cancel their registration, in which case their data will be deleted.
8. Changes in the term of use
IArremate reserves the right to modify this document at any time, especially to adapt it to changes in the service, either by making new features available, or by deleting or modifying existing ones.
9. Contact information
This Term will be governed by Brazilian law. Any claim or controversy based on this Term will be settled exclusively by the district of Carmo de Minas / MG.
REGULATIONS FOR PARTICIPATION OF ONLINE AUCTIONS
This Agreement establishes the terms and conditions for participation in private auctions disclosed and transmitted by iArremate through its website https://www.iarremate.com.
By accepting them, the User declares to be aware of and in accordance with all the terms and conditions set forth herein.
To participate in the auctions published by iArremate (https://www.iarremate.com) it is mandatory to register the User on our website, accept the Terms and Conditions established herein and agree to the Terms of the Auction Notice related to the Auction for which you want to participate, which becomes an integral part of these Regulations. Registration is mandatory for all Users.
At the discretion of the AUCTIONEER or controller (iArremate), the User registration may be suspended and conditioned to the submission of documentation to prove the data reported as a security measure and data protection.
1.1. Physical person
1.2. Legal person
1.3. Accessing the System
After completing the registration, a confirmation message will be sent to the informed email and also a password to access the system. We recommend that you immediately change the password to one of your choice (item 1.4 below).
If you have any ANTI-SPAM software installed and / or enabled, we recommend that you insert the domain https://www.iarremate.com/ in the list of trusted domains, in order to avoid the non-receipt of messages forwarded by our system. For more information, see the documentation for the software used. In the event of a change of e-mail by the User, the User must provide the necessary updating of the information in the registration, accessing the MY REGISTRATION section. Also, regularly check the capacity of your mailbox in order to avoid non-receipt of messages forwarded by our system. We will not be responsible for messages that are not delivered due to factors of this nature, and the User can access the account through the portal https://www.iarremate.com. IArremate is not responsible for the conservation status and authenticity of the items shown on its website https://www.iarremate.com.
1.4. Access password:
Only the User will have access to the information of his / her password, and in this way, the User will be responsible for maintaining such information in security and confidentiality.
The User can change his password at any time. To do so, simply access the website, log in to the system and enter your identification information (your data). Then, in the "MY REGISTRATION" section, select the "CHANGE PASSWORD" option. For your security, we recommend periodically changing your personal password.
If the User does not remember his Access Password, it can be requested in the system by selecting the "FORGOTTEN PASSWORD" option that is available on the System Enablement page.
The password to access the register is personal and non-transferable and its use is restricted to the User himself, and he cannot assign or transfer it to third parties, the User being fully responsible for any bids given through the register.
The User undertakes to notify iArremate immediately, and through secure means, of any unauthorized use of his account, as well as unauthorized access by third parties to it. The User will be solely responsible for the operations carried out on his account, since access to it will only be possible through the apposition of the password, the knowledge of which is exclusive to the User.
The User, when registering on the website www.iarremate.com, expressly authorizes the verification of his public data kept with the credit protection agencies.
1.5. Registration Change
In any and all changes that may occur in the information mentioned in the User registration, these may be duly updated in the "MY REGISTRATION" section.
The User undertakes to keep the registration duly updated, informing iArremate of any changes in its data.
The qualification process allows the User to participate in the auction online using our system. Qualifications must be requested by the participant within the minimum period indicated on the page of each auction. Applications will not be accepted after the indicated deadlines.
We recommend that all Users wishing to qualify, carefully read the sale and payment terms related to the auction, before requesting the qualification. Such information may be obtained in the Auction Notice / Regulation, available in each auction.
The Official Auctioneer (s) will be solely responsible for the analysis of the qualification requests, which will be submitted to prior analysis, using any and all methodologies that they deem necessary, including being able to condition them to the sending of documents. for proof of registration.
When requesting their qualification, the User expressly declares the ACCEPTANCE of the conditions of sale of the lots advertised in the auction for which he requested qualification and undertakes to honor the payment of the bids made as well as the payment of the auctioneers commission and any fines and expenses in case of withdrawal.
See in the steps below how simple it is to participate in our auctions:
1) Make your registration in our system. If you already have it, register in the system by clicking on the LOGIN option and enter your identification data.
2) After being duly registered and logged into the system, choose the auction of your interest and click on the option Enable yourself, to participate online and follow the instructions.
3) After your qualification request is completed, you will be registered and will be able to participate in online auctions and immediate purchase based on the premise that as a reference the information provided when registering is true and correct. In this way, the user declares the information provided to be true and assumes any risks due to the non-veracity of the data.
4) After your qualification is duly confirmed, the interested party will receive a notification confirming their participation in the chosen auction in their email.
As each auction has different payment and sales conditions, rules and particularities, the user will need to read and accept the conditions for each auction specifically.
IArremate may, at any time and at its sole discretion, request supporting documents for the data provided, making the User unable to place new bids online until these documents reach iArremate. The bids offered until then, remain valid and are the responsibility of the User who made them.
The auction and its closing must be monitored through the Users account through the insertion of access login and personal password, regardless of the sending of e-mails or telephone contacts by iArremate.
3. PRESENTIAL AND ONLINE AUCTION WITH REAL-TIME TRANSMISSION
All auctions will be carried out by a legally authorized Official Auctioneer and their disclosure will be made through a live auction or online through the iArremate auction transmission portal.
On the day and time indicated, the trading session will start in person and online. In this way, all participants who have been duly qualified for the auction via the internet, will have equal conditions with the Users present in the face-to-face Auction room (Audience), in the dispute for the auction lots.
To participate and send bids in the auction, the interested party who is duly qualified must access the site with certain time before the auction is held, locate the desired auction, and click on the option "Click here to participate in the Real Time Auction", which will be available in the list of auction lots and also on the details page for each lot. If this option is not available, wait on the auction page until the option is displayed.
We recommend the use of Broadband Connection, to access our system. Then, the participant will be directed to the Auction bidding screen.
## O_IARREMATE ## and the Auctioneer are not responsible for any damages or losses that the Users of the online system may have due to technical, operational problems or connection failures, generated by factors beyond our control, which may occur and that prevent participation in the auction, considering that Internet services are provided by third parties.
3.1. Information about the progress of the live and online auction
The Auctioneer will advertise the auction lots individually, starting with lot 1 until the last lot.
As soon as each lot is put up for auction, the participants will be alerted by the system screen, which will be the next to be announced by the Auctioneer.
If the lot in question already has bids in advance, these will also be displayed on the system screen and the bids will start with reference to the highest value offered in advance, otherwise, the bids will start with reference to the Minimum Sale Value.
In the online auction, the lots will have a scheduled closing time (clock available on the portal system screen) and so that all interested users have the opportunity to place new bids, it will be determined in the Public Notice that the clock will retroact to each bid made near closure.
Once the determined time has passed without new bids, the User who made the last bid will be the winner.
In order to provide full transparency and suitability of information during the course of the auction, notices, notices and observations can be sent from the Auction Room to all internet participants through the "NOTICE BOARD" section on the systems bidding screen.
4. TYPES OF BIDDINGS OFFERED
During the proclamation of each lot, the system will inform the bids offered and they will be duly identified, which may be:
ANTICIPATED BIDDINGS - As previously mentioned, these bids were sent by participants in advance of the auction date. Before the auction date and after being duly qualified to participate, the interested party may send advance bids on the lot (s) of interest. To do this, simply access the auction in which it is enabled, click on the desired lots (s) and follow the instructions to send your bid (s). After submitting your bid, you will receive a notification in your email containing confirmation that your bid has been submitted.
AUTOMATIC BIDS - The User will be able to schedule automatic bids, in such a way that, if another User covers his offer, the system will automatically generate a new bid for that User, plus the minimum increment, up to the maximum limit established by the User. Automatic bids will be registered in the system with the date they are scheduled.
CONDITIONAL BIDS - Bids with values less than the minimum value (or at the Auctioneers discretion) will be considered Conditional Bids and will be submitted to the seller for evaluation after the auction closes, if there are no higher winning bids. If the selling company does not approve the offered value, the bid will be disregarded, and no amount will be due by the bidder. The value attributed to the initial bid for the lots (initial auction value) is not necessarily the minimum selling price of the lots.
LANCES INTERNET - Indica que o lance foi enviado on-line através da internet por algumparticipante do leilão em tempo real.
PRESENTIAL BID - Indicates that the bid was made by a participant who is in the Auction Room (Audience).
YOUR BID - Indicates that the bid was sent online by the participant himself.
The cancellation of an advance bid or on-line will not be allowed under any circumstances, therefore, the participant must first certify the state of conservation of the offered goods, as well as the conditions of sale and payment methods of the auction. The bids offered are IRREVOCABLE and IRRETRACTABLE, and the User is responsible for all offers registered through his login (nickname), and cannot be canceled and / or canceled under any circumstances.
4.1. Submitting bids in the Real-Time Auction (On-Line)
After the lot is placed "IN AUCTION", the participants will be able to send bids in Real Time, in the lot that is being advertised by the Auctioneer. To do this, the participant needs to choose one of the increment options (s) available for the lot and confirm that the bid has been sent.
The increment option (s) will have as reference the MINIMUM SALE AMOUNT or the BIGGEST BID OFFER to date, and thus, the bid amount will correspond to the value of the highest bid offered to date, plus the increment value that was selected.
Important Recommendations: Due to factors such as excessive traffic on the network, we recommend that interested participants do not stop sending bids at the last moment, because after the Auctioneer strikes the hammer (DOU-THREE), the system will automatically refuse any submission. bids. Subsequent claims of this nature will not be accepted.
4.2. Lot Winner Confirmation
After the Auctioneer strikes the hammer (DOU-THREE) and as long as the lot in question has received bids, the system will change the status of the lot to "CLOSED", and if the winner is an internet participant, he will be notified by the system that was the winner of the lot and will inform the procedures to be adopted in relation to the payment of the auctioned property, as well as the auctioneers commission.
It will not be up to the interested party, the option of choice, in the case of winning more than one lot, it being clear that each winning bid, refers to a purchase, that the bidder undertakes to make the payment of each bid, as well as the commission auctioneer, within the period and form established in the auction notice.
IMPORTANT: In the event of a tie between Users who made bids in the same lot and of the same value, the winner who prevailed first (date and time of registration of the bid in the iArremate portal) will prevail, and it should also be considered that the automatic bid is registered date it was scheduled. For a tie, automatic bidding will take precedence over manual bidding. For a tiebreaker, the face-to-face bid will prevail over the online bid.
4.3. Request for onlending of lots
Only for lots that have already been advertised and that have not been sold, participants may, in some cases, request a transfer as long as the auction has not yet ended. For that, it is enough that the participant selects the desired lot and that this one has the status of "NOT SOLD" in the list of lots of the auction. Once this is done, a screen will appear containing the batch information and also the option to "REQUEST FORWARDING". The participant must then click on the option "REQUEST FORWARDING", inform the amount of your bid and follow the instructions.
After the User finalizes the request for transfer of the lot, the Auctioneer will be notified of such request and will place the lot in question again at auction, as soon as possible.
As soon as the Auctioneer announces the transfer of the lot in question, the bidding will then start again and the sending of bids will be released again to all participants on the internet and also to the Users present at the Auction site (Audience).
The bid sent by the participant who requested the transfer of the lot will be automatically inserted by the system and possible new bids may cover it, if they are also interested in the lot.
5. LOT STATUS AT AUCTION
The system will also inform the value of the BIGGEST BID OFFER and alert all participants about the current status of the lot at auction. See below the status of the system during the proclamation of each batch:
WAIT - Indicates that the lot to be advertised has not yet been put up for auction and the sending of bids has not yet been released.
AT AUCTION - Indicates that the lot is at auction and the sending of bids is allowed.
GIVEN YOU ONE, GIVEN YOU TWO - Indicates that the auction of the lot is about to be completed, and the participant should, if interested, send a bid immediately.
GIVES YOU THREE - Indicates that the lots bidding has been completed and the bidding for the lot has ended.
CLOSED - Indicates that the lot was sold to a participant in the auction room or on the internet. The auction of the lot has been completed.
WITHOUT BIDDER - Indicates that the lot was not interested, so it was not sold. For more information, see item 4.3.
AUCTION CLOSED - Indicates that the auction and bidding are closed.
5.1. Information about the status of each auction lot
It will be available on the auction bidding screen, a list containing all lots and their respective situations:
NOT ADOPTED - Indicates that the lot has not yet been advertised in the auction
NOT SOLD - Indicates that the lot was not sold at the auction. For more information, see item 4.3.
WITHDRAWN - Indicates that the lot has been withdrawn from the auction
CLOSED - Indicates that the lot was sold at the auction.
WILL BE PASSED ON - Indicates that the lot will be passed on during the auction. For more information, see item 4.3.
The Bidder must make the payment (s) as established in the respective Auction Notice and will be considered the payment place in the city where the item is advertised, thus considered for the purpose of protest.
7. SANCTIONS FOR CASES OF DEFAULT
Failure to pay the price of the auctioned bid, the Auctioneers commission and administration expenses, within the period established in the Adhesion Agreement - User and Auction Sale and Payment Conditions, will constitute withdrawal or repentance by the bidder, which, in this way, will be obliged to bear the penalties imposed in the Public Notice, resulting in extrajudicial collection through Account (invoice) and / or bank bill of fine, expenses and commission of the auctioneer, as well as their inclusion in the protection bodies of credit, without prejudice to any judicial demand for collection of the losses caused.
The collection of credits will be carried out on behalf of the Official Auctioneer, and the credits may also be assigned to third parties. In addition, the User will not be allowed to participate in any other auction published on the portal ## URL ## and his registration will be blocked. If entries linked to this blocked register are identified, they will also be canceled.
8. MINIMUM TECHNICAL REQUIREMENTS REQUIRED
See below the minimum technical requirements necessary to use our Online Auction System:
Dual Core processor
Computer desktop/operating system:
MacOS: OS X 10.10 or above
Windows: Windows 7 or above
Linux: Fedora 28 or above Ubuntu LTS releases 16.04 or above Red Hat Enterprise Linux 7.0 or above
iOS: iOS 12.2 or above
Android: Android 6.0 or above
Chrome: Version 66 or above
Firefox: Version 60 or above
Safari: Version 11.0 or above
Microsoft Edge: Version 41 or above
Internet access (broadband connection or dial-up connection). Due to speed issues when accessing information, we recommend using Broadband Connection to access our system.
9. GENERAL PROVISIONS
IArremate may cancel, refuse, suspend, permanently cancel or limit the registration of any User who, in its sole discretion, does not comply with the conditions set out in this instrument.
The portal (website) through which the Auction is being transmitted is a mere media vehicle for the Company (ies) and or AUCTIONEER (s), CONTRACTING PARTIES and is not responsible for the origin, origin, validity, avoidance, hidden vices or existence of impediments or encumbrances on the goods now in Auction, nor for the payment of taxes / tributes related to the goods (such as ICMS, etc.).
The login (nickname) to be registered by the User to access the iArremate website cannot bear any resemblance to the name iArremate, nor can it be registered login: i) considered offensive and / or inappropriate (profanity, words of racism or profanity) , governmental brands or bodies, etc.); ii) that contains the Users personal data, such as phones, emails or any URL; iii) that lead other Users to misinterpretation about the information on the website (ex: lotecancelado).
In the event of technical problems on the site beyond the control of iArremate, the auction may be postponed, suspended or canceled at the discretion of iArremate.
IArremate may, at any time and at its own discretion, add, extinguish or change some or all of the services available on the website ## URL ##, as well as change the conditions contained in this Agreement, and it is hereby established that the changes become effective. effective 10 (ten) days after its publication on the website.
Within 5 (five) days from the publication of the changes, the User must communicate by e-mail if he does not agree with the amended terms. In this case, the contractual link will cease to exist, as long as there are no open accounts or debts. If there is no manifestation within the stipulated period, it will be understood that the User has tacitly accepted the new terms of the Site Regulation and the contract will continue to bind the parties.
This Contract will be governed by the Brazilian legislation in force, and the Forum of the City of Carmo de Minas / MG will be elected as competent to settle any and all issues arising from its compliance.