Terms of Service
Updated on: 07/24/2025
Introduction and Overview:
This Privacy Policy ("Policy") explains how Basemaker Soluções de Performance Digital Ltda. (“Basemaker,” “Company,” or “We”) processes your personal information (collectively, “Personal Data”) when you use or access this digital platform (“Platform”). The Policy also describes your rights regarding your Personal Data and explains how to contact us to learn more about our data practices or to exercise your rights. For the purposes of this Policy, “Users” are all those who, in any way, use or visit the Basemaker Platform.
This Policy explains, in a simple, direct, and transparent way, which Personal Data is collected and processed by Basemaker and for what purposes, as well as indicating with whom it may be shared and what resources are available so you can manage your Personal Data. We do not collect more Personal Data than is strictly necessary for the performance of our activities.
For the purposes of processing Users’ Personal Data under this Policy, Basemaker is the data controller of the personal data of those who visit or register on our Platform, whether the registration is carried out directly by an individual or as a representative of a legal entity, pursuant to the General Data Protection Law – Law No. 13.709/2018 (“LGPD”).
PLEASE READ THE POLICY BELOW CAREFULLY. IT DESCRIBES HOW YOUR PERSONAL DATA IS PROCESSED WHEN YOU: (I) USE OUR PLATFORM; (II) CONTACT US; (III) USE OUR SERVICES; OR (IV) HAVE YOUR PERSONAL DATA OTHERWISE PROCESSED BY THE PLATFORM.
As described in this Policy, you may register on our Platform either as an advertiser (“Advertiser”) or as a digital content creator (“Creator”). Please read our [Terms and Conditions for Advertisers, if you intend to use our Platform as an Advertiser] or our [Terms and Conditions for Creators, if you intend to use our Platform as a Creator]. If you do not agree with this Policy or with the applicable Terms and Conditions for Advertisers or Creators, please do not access or use our Platform.
Policy Changes: We inform you that Basemaker may change this Policy from time to time to reflect changes in the processing of Users’ Personal Data. If we make changes, we will update the effective date or the last modification date at the top of this Policy.
If, after reading this Policy, you still have any questions or, for any reason, need to contact us regarding matters involving your Personal Data, you can reach us at: Data Protection Officer: privacidade@basemaker.co. If you do not agree with the updated version of this Policy, please discontinue the use of our Platform.
1. Who We Are
Basemaker, headquartered in the City of Itajaí, State of Santa Catarina, at Rua Israel de Almeida, nº 1424, house 01, ZIP Code 88.312-050, registered under CNPJ/ME No. 49.001.164/0001-22, is a technology platform available at https://www.basemaker.co, created and developed to provide an environment where Creators can find advertising opportunities from Advertisers for their social media profiles and pages (“Profiles”), and Advertisers can run targeted ads on Creators’ Profiles, with the goal of increasing the performance of digital campaigns ("Services"). We emphasize that Advertisers will never have access to personal data or any other information about the followers or users of Creators’ social media. There is no sharing of personal data between Creators and Advertisers.
The Platform allows Creators to provide anonymized data about engagement and audience interests, such as demographic information, interests, consumer behavior, and preferences. Neither Creators nor the Platform provide personal data to Advertisers. Based on this anonymized engagement data, Advertisers can choose which audiences they want to reach and thus create more relevant and personalized ad campaigns, without ever accessing any user or follower data.
2. What Personal Data We Collect and Process:
Basemaker only receives or otherwise collects the following types of information related to Users: (1) registration information, whether as an Advertiser or Creator, for use of the Platform; (2) financial information; (3) information from visitors or Users of our Platform; and (4) information for communications and support.
By deciding to proceed with your registration on our Platform, you declare that all the information provided is true, complete, and up to date, and that you are responsible for updating it as necessary.
2.1. Registration Information. When the User registers, either on their own behalf or as a representative of a legal entity, during [pre-registration and registration] on the Platform, and when you complete or update your registration on our Platform, we request some information to verify your identity and enable the creation and maintenance of an account. The Personal Data collected during pre-registration and registration will depend on the type of access the User will have on the Platform: (a) as an Advertiser; or (b) as a Creator.
a) Advertiser
- full name;
- CPF (Brazilian individual taxpayer number);
- RG (Brazilian identity document);
- email address;
- date of birth;
- phone number;
- address;
- occupation;
- company;
- position;
b) Creator
- full name;
- CPF number;
- RG number;
- date of birth;
- copy of an identity document;
- social media username;
- possible information about the social media Profile, such as number of followers, engagement percentages, among other available data;
- email address;
- phone number;
- address;
- occupation;
- preferred contact method;
- optional profile photo; and
Optionally, the Creator may provide income data for profile analysis.
When the Creator logs into the Platform via social networks, such as Facebook, Instagram, or Twitter, the Platform may request marketing and advertising permissions to access Profile information, according to the terms of use and privacy policies of each platform/social network. This information may include demographic data, such as age, gender, geographic location, interests, and consumer behaviors, as well as information about user activities and interactions on the social network, such as likes, shares, and comments.
2.2. Financial Information. If the User registers on the Platform as an Advertiser, we may collect the financial and transactional data listed below:
- full name;
- payment or deposit method details;
- billing address.
2.3. Browsing and Device Information. Basemaker collects, during access to the Platform, even if the User is not registered or logged in, the information listed below:
- technical data, such as URL information;
- cookie data;
- your IP address;
- browser type;
- information about the mobile device or computer;
- browser language;
- date and time of the request;
- type of network connection;
- information enabling the management of digital copyright;
- operating system;
- geolocation data;
- pages visited on the Platform;
- duration of the visit on the Platform and browsing paths within the Platform.
2.4. Communications and Support. If the User contacts Basemaker for any reason, such as requesting support, giving compliments, criticisms, or suggestions, or reporting a problem or question (regardless of whether they have created an account), the User’s contact information is collected and stored, as well as messages and other data about the User, such as those listed below:
- full name;
- email address;
- messages.
3. Why We Collect and Process This Personal Data
The following list details the Personal Data we collect and explains their respective purposes:
(a) Registration Data – Advertiser or Creator
- Perform the User’s pre-registration and registration on the Platform, whether as an Advertiser or Creator;
- Provide the User with access to the Platform, whether as an Advertiser or Creator;
- Manage the User’s account on the Platform, whether as an Advertiser or Creator;
- Provide our Services;
- Authenticate your identity;
- Conduct research and analysis;
- Comply with legal and/or regulatory requirements;
- Respond to questions and concerns;
- Provide support to the User, whether as an Advertiser or Creator;
- Contact the User (by email, mail, text messages, and/or phone) about various matters, including use of the Platform and/or for conducting satisfaction surveys;
- Send messages with information and offers about products or services that may be of interest to you;
- Develop engagement initiatives;
- Conduct advertising and marketing; and
- Generate knowledge, innovate, and/or develop new products.
(b) Financial Data
- Prevent and investigate fraud and other illegal activities;
- Enable payments on the Platform, as applicable.
(c) Browsing and Device Data
- Ensure the correct functioning of our Platform and Services in support of our analytical efforts;
- Operate and improve our Platform and web features, as well as simplify User interaction;
- Ensure the security of the Platform;
- Comply with legal obligations for data collection and sharing with public authorities, as required by applicable law and regulation;
- Help us understand your usage patterns of our Platform and implement improvements;
- Recommend Platform services or features, including third-party services, that may be of interest to you;
- Prevent attacks and monitor consecutive user accesses to provide a better experience;
- Prevent and investigate fraud and other illegal activities.
(d) Communication and Support Data
- Provide support to the User;
- Respond to service requests.
In addition to the purposes listed above, we may use your Personal Data for any other purpose disclosed to you before you provide us with your Personal Data, or that is reasonably necessary for the provision of the Services or other related products and/or services requested, with your permission or under your direction.
Attention: When contacting us by email or via forms on our Platform, or when sharing content publicly through our Services, we ask that you do not send us any sensitive information relating to yourself or third parties.
We do not intentionally collect or store Sensitive Personal Data (as defined in art. 5, II, of the LGPD). However, if you voluntarily provide us with information about racial or ethnic origin, religious beliefs, public opinion, union membership, or religious, philosophical, or political organizations, data related to health or sex life, genetic or biometric data, we may process sensitive information.
4. Classification of Personal Data
All Personal Data processed in the context of using the Platform is classified by Basemaker as “Confidential.”
5. Sharing of Personal Data
Basemaker does not sell or trade your Personal Data. As a technology platform that connects Advertisers to Creators, some profile data of Creators may be made publicly available to Advertisers so that they can connect with Creators for campaign execution.
5.1. Service Providers. Basemaker may share your Personal Data with third-party service providers involved in technological, financial, accounting, legal, and nonprofit advisory activities, as indicated below:
a) Software and IT systems provider Website hosting services (including cloud storage), application or software optimization services, customer relationship management software, email service providers, or system maintenance services.
b) Payment service provider Third-party payment processing service.
c) Marketing and advertising agencies Assistance in reaching potential new customers through multiple communication channels, or sharing with affiliate companies that promote our services on their websites.
d) Customer service provider Assistance with consumer support services.
e) Fraud prevention and information security provider Identity verification, fraud prevention, or credit risk reduction services to protect our website (Platform) and our business.
In addition to the purposes listed above, sharing of your Personal Data with service providers may be carried out for the following purposes:
- User authentication and identification;
- Verification of authenticity of information and documents;
- Preventing risks, fraud, and ensuring security;
- Enriching User information for profile analysis;
- Sending advertising campaigns and offering Services;
- Improving our Services, the Platform, and operationalizing new products or services;
- Preventing and resolving technical or security issues;
- Support, maintenance, and User assistance services; and
- Analytical studies.
5.2. Judicial, Administrative, or Government Authorities. In the event of a legal or regulatory order or determination, Basemaker may share your Personal Data with competent judicial, administrative, or governmental authorities, as required by law.
5.3. Consent. We may disclose your Personal Data for any purpose with your consent.
5.4. Corporate Transactions. We may disclose your Personal Data to a potential buyer or investor, in the event of a merger, sale, restructuring, reorganization, dissolution, or transfer of some or all of our assets, whether as an ongoing concern or as part of bankruptcy, liquidation, or similar proceedings.
5.5. Audit. In addition to the cases mentioned above, Basemaker may share your Personal Data for legal audit (due diligence) purposes and with auditing firms, solely for conducting audits of Basemaker’s operations and for compliance with legal or regulatory obligations.
Please note that we may disclose anonymized information about Users of our Platform without restriction, as such information does not identify any specific individual.
6. Personal Data of Followers or Users of Creators’ Profiles
The Platform is a technology solution for Creators and Advertisers and may therefore access the Profile data of Creators, including their followers and users. However, in this activity, the Platform acts solely as a data processor of the followers/users of the Creators, in accordance with the LGPD. The relationship between followers and users of a Creator’s Profile is established directly between the Creators, the respective platform or social network, and their users.
7. Cookies and Other Tracking Technologies
As indicated in Clause 2.3 above, Basemaker records activities carried out by Users, creating, whenever possible and applicable, logs (records of activities performed on the Platform and during the use of the Services) that contain: the IP address of the device used by the User, access and actions performed by the User, the date and time of each action performed, and information about the device used by the User, such as the operating system version, browser, and geolocation.
In addition, Basemaker uses certain technologies to monitor activities performed on the Platform, such as cookies. A cookie is a text file placed on the hard drive by a web server, with no ability to run programs or infect your computer with viruses. On our Platform, the use of cookies serves to personalize your online experience, saving you time and optimizing your browsing. You may block some of these cookies on your computer. The Personal Data collected about our Users is used in accordance with this Policy.
In general, we use cookies to:
- Record each User’s preferences and, based on this, deliver ads that may be of interest;
- Conduct research and diagnostics to improve the experience and content of our Platform;
- Prevent fraudulent activities; and
- Enhance the security of our Platform.
8. Security Controls and Risk Mitigation
Basemaker employs various technical and organizational security measures to protect your Personal Data. Our efforts aim to mitigate the risks of accidental or unlawful destruction, loss, alteration, disclosure, or unauthorized access, as well as any other form of unlawful or improper processing. To this end, Basemaker applies strict access controls based on the principle of least privilege to its information technology systems, in order to safeguard Personal Data against potential security incidents.
Basemaker makes significant efforts to ensure the security of your Personal Data and takes precautions to avoid any improper processing of it. However, the Internet cannot be considered a completely secure environment, and we cannot guarantee the absolute security of our Users. Unauthorized access or use, hardware or software failures, and other factors may compromise the security of Users’ information at any time.
In line with the above, given the current state of technology, it is not possible to guarantee that any data transmission over the Internet will be completely secure. Therefore, if you identify or become aware of anything related to Basemaker that compromises information security, we ask that you contact us as soon as possible so that incident response measures can be taken.
For the security of our Platform, if we have reason to believe that the information provided to us is not true or that there are signs of fraudulent activity, we may suspend or terminate your account, as well as refuse to provide any of our Services. Any errors, delays, losses, or damages caused by incorrect or outdated Personal Data are the sole responsibility of the User. Furthermore, if Basemaker identifies inconsistencies or potential risks involving one of its Users or their operations, it may request that you provide means of validating the information provided.
Additionally, Basemaker is not responsible for security failures occurring in the User’s device, computer, cell phone, or tablet, such as those arising from viruses, malware, spyware, phishing, keyloggers, DNS server attacks, or DNS cache poisoning, nor for damages or problems resulting from delays, interruptions, or blockages in data transmissions over the Internet. You acknowledge and agree that all communication over the global computer network is subject to interruptions or delays, which may prevent or hinder the submission of orders or the receipt of updated information.
9. Information About Your Account and Access Password
To help us ensure your security and the protection of your Personal Data, we recommend that your access password on the Platform be complex, personal, and non-transferable. It is important that you protect your password and limit its use and access to your computer and mobile devices in order to prevent unauthorized access to your account. You are solely responsible for maintaining your access password in a safe and restricted location.
We therefore recommend that your access password not be obvious, such as birth dates. It is important that your password be composed of special characters and alphanumeric combinations, and that it be changed periodically or whenever there is a suspicion of unauthorized access.
If you believe or suspect that, for any reason, the security of your account has been compromised, we ask that you contact us as soon as possible.
10. Your Rights
Under the LGPD, you have the right to:
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Obtain confirmation that we process your Personal Data. In response to this request, we will inform you whether or not we process your Personal Data. Please note that if you are our customer (User), we necessarily process your Personal Data, as explained in this Policy.
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Access your Personal Data. If you are interested, you may receive a report presenting the Personal Data we process that belongs to you.
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Correct Personal Data that is incomplete, inaccurate, or outdated. If you believe that your Personal Data is incorrect, you may request its correction, indicating what needs to be changed and why. We may request supporting evidence in order to carry out the change.
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Request anonymization, blocking, or deletion of unnecessary, excessive, or unlawfully processed Personal Data. If you believe that we are processing your Personal Data unnecessarily, excessively, or in violation of the LGPD, you may request that such data be anonymized, blocked, or deleted.
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Request the portability of your Personal Data to another service or product provider, subject to our trade and industrial secrets, once regulated by the National Data Protection Authority (“ANPD”). You are the owner of your own Personal Data. Therefore, you may request that such data be transferred to another service or product provider, in accordance with ANPD regulations, provided that trade and industrial secrets are respected.
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Request the deletion of Personal Data processed based on your consent, except in cases where retention is required by law. If the processing of your Personal Data is based on consent, you may request its deletion. However, the LGPD authorizes the retention of data for purposes of complying with legal or regulatory obligations; research by an agency, provided anonymization is ensured whenever possible; transfer to a third party; or exclusive use by the controller, provided anonymized.
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Obtain information about with whom we share your Personal Data. You may request that we inform you which entities we share your Personal Data with.
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Obtain information about the possibility of refusing to provide consent and the respective consequences. When consent is used as the legal basis for the processing of Personal Data, you have the right to be informed about the possibility of refusing consent and the consequences of doing so.
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Revoke your consent to the processing of your Personal Data. If the processing of your Personal Data is based on consent, you may revoke that consent. Consequently, any processing of your Personal Data carried out based on consent will be discontinued.
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Object to processing that violates the LGPD. If you believe that we are processing your Personal Data in violation of the LGPD, you may object to such processing. The request will be carefully analyzed, and if we agree, the processing of your Personal Data that is in violation of the LGPD will be discontinued.
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Request a review of decisions made solely on the basis of automated processing of your Personal Data. It is possible that decisions may be made based on automated processing of your Personal Data. If this occurs, you may request a review of such decisions.
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File a complaint regarding your Personal Data with the National Data Protection Authority. If necessary, you may file a complaint regarding your Personal Data with the ANPD.
You may exercise any of the above rights by sending an email to privacidade@basemaker.co.
Before responding to a request to exercise the rights mentioned above, we may request that you provide some information to confirm your identity.
11. Do you need to provide your consent for Basemaker to use Personal Data as described in this Policy?
The LGPD establishes several situations in which the processing of Personal Data is allowed regardless of the data subject’s consent. These are called “legal bases for data processing.”
This means that if you choose to use our Platform, in some cases we may collect and process your Personal Data without your consent (if there is a “legal basis” under the LGPD that allows us to do so), such as for the execution of preliminary steps before a contract, for performing a contract with you, for fulfilling legal and regulatory obligations, for exercising rights in contractual or judicial, administrative, or arbitration processes, for credit protection, to ensure fraud prevention and user security, in registration and authentication processes in electronic systems, for legitimate interests of Basemaker or third parties, among others.
In other cases, we will ask for your consent to use your Personal Data. It is important to note that revoking your consent will only require us to cease the processing of Personal Data done exclusively based on consent.
12. Storage and Deletion of Personal Data
We design our Platform and operations so that your Personal Data is not kept in an identifiable form longer than necessary. This means that we retain Personal Data only for the period during which it is needed to fulfill the purposes described in this Policy.
However, we may retain your Personal Data for reasons such as compliance with legal and/or regulatory obligations, exercising rights in legal and administrative and/or arbitration proceedings, combating fraud, and exercising our regular rights. We may also retain Personal Data in an anonymized form, meaning it is not or cannot be linked to you, for longer periods as permitted by law.
Information we collect regarding Users’ IP addresses and access logs of registered Users is stored for at least six (6) months, as determined by Article 15 of Law No. 12,965/2014 (Brazilian Internet Civil Framework).
13. Third-party Websites
As a resource for our Users, our Platform may contain links to other websites on the Internet. This Policy does not apply to these third-party websites. Basemaker is not responsible for these websites and their content, nor does it share, endorse, monitor, validate, or accept how these websites or content hosting tools collect, process, and transfer your personal and private information. The information practices or content of such other websites are governed by the privacy statements of those websites. We recommend that you review the respective privacy policies of these websites to properly understand how your personal information is used.
14. Use by Children and Teenagers
Any processing of Personal Data of children and teenagers will be carried out in accordance with the law and adhering to all specific requirements, including obtaining consent from a parent or guardian, if applicable.
15. International Transfer of Personal Data
Although Basemaker is headquartered in Brazil, your Personal Data may, at times, be transferred to other countries, for example, to servers of cloud storage service providers abroad. When your Personal Data is transferred outside Brazil, we will take all appropriate measures and those required by law to ensure that your Personal Data remains adequately protected, and that such transfer is carried out in accordance with one of the mechanisms provided under the LGPD and any other applicable regulations.
16. Changes to this Policy
Basemaker may modify, update, extend, or otherwise change the content and scope of this Policy at any time and at its sole discretion. In such cases, we will publish these changes on our Platform with an indication of the latest update date (which can be found at the top of this Policy).
Whenever we make substantial changes to this Policy, those changes will become valid, effective, and binding after being: (i) posted on the Platform; and/or (ii) sent by email to Users registered on our Platform.
Continued use of our Platform and Services after publication on the Platform and/or notification via email about changes to our Policy will be considered your consent to the changes in order to keep up with our privacy measures. In cases where changes to this Policy require your consent, Users will be asked to acknowledge the new terms of this Policy after the change so they can continue using the Platform and receiving Services.
Users should check the updated version of this Policy each time they visit the Platform.
Basemaker encourages you to periodically review this Policy to stay informed about our privacy measures.
17. Customer Service and Contact Channel
If you wish to make a complaint or clarify doubts, please contact our Data Protection Officer at the following email address: privacidade@basemaker.co.
You may also submit a complaint to the National Data Protection Authority (ANPD), but we ask that you try to resolve any issues directly with us, as our primary concern is to keep our Users satisfied with our Platform and Services, and we strive to achieve this through easy and attentive communication with our Users.
18. Governing Law
This Policy shall be interpreted in accordance with the laws of the Federative Republic of Brazil. The Court of the District of São Paulo, State of São Paulo, is chosen to resolve any disputes arising from this Policy, with express waiver of any other forum, no matter how privileged.
TERMS OF USE
SUMMARY OF BASEMAKER TERMS AND CONDITIONS
Welcome to the Basemaker Platform (“Platform”). Below is a summary of the main terms and conditions regarding how you (“You”) may use our Platform and receive our Services (as defined below). For the purposes of this document, “Users” are all those who, in any way, use or visit the Basemaker Platform.
The Platform is developed and provided by Basemaker Soluções de Performance Digital Ltda., headquartered in the City of Itajaí, State of Santa Catarina, at Rua Israel de Almeida, No. 1424, House 01, ZIP Code 88.312-050, registered under CNPJ/ME No. 23.123.163/0001-67 (“Basemaker” or “We”).
It is important that you understand our policies for a better experience using the Platform. Therefore, it is necessary and recommended that you carefully read and understand the Terms (as defined below), including the highlighted clauses related to contracting. By accepting these Terms or using our Services, we consider that You have understood and agreed to the Terms in all respects:
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Through its Platform, Basemaker provides an environment in which digital content creators (“Creators”) can find advertising opportunities from advertisers (“Advertisers”) for their social media profiles and pages (“Profiles”), and Advertisers can run targeted ads on Creators’ Profiles to improve the performance of digital campaigns (“Services”).
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If You are under 18 (eighteen) years old, You represent and warrant that you are properly represented or assisted by your legal guardian.
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Potential Advertisers may only advertise products or services if they are legally authorized to sell these products and provide these services and if they have the products and capacity in stock.
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To use Basemaker’s Services via the Platform, You must review the Privacy Policy https://www.basemaker.co/policies/privacy, which provides clear and comprehensive information on the collection, use, storage, processing, and protection of your personal data.
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You must create a single registration account (Access Account, as defined below), provide your email or phone number, and create a personal and non-transferable password. Basemaker is not responsible for improper use or disclosure of this information to third parties.
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You, as a User, are solely responsible for the registration data provided. Providing false or incorrect information may subject the User to civil, administrative, and criminal liability as provided by law.
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Basemaker may refuse a registration request and notify or suspend, temporarily or permanently, your account if such registration, the information provided, your use of our Services, or conduct regarding us is deemed a violation of any applicable laws, regulations, government policies, or Basemaker’s terms and policies.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
BY REGISTERING OR USING OUR SERVICES IN ANY WAY, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO THE TERMS OF USE AND COMMIT TO COMPLY WITH THEM FULLY. BE AWARE THAT THE PROVISIONS HEREIN WILL GOVERN THE RELATIONSHIP BETWEEN YOU AND BASEMAKER.
If You do not agree with these Terms, You must refrain from using our Platform and Services.
GENERAL TERMS AND CONDITIONS
1. GENERAL
1.1. Introduction and Scope. These Terms and Conditions (“Terms”) apply to the Services provided by Basemaker through the Platform https://app.basemaker.co.
You acknowledge that the Platform is an independent platform that provides an environment in which Creators can find advertising opportunities from Advertisers for their Profiles, and Advertisers can run targeted ads on Creators’ Profiles to improve the performance of digital campaigns. You further acknowledge that in the relationship established between You (as Advertiser or Creator) and a third party (Advertiser or Creator, as applicable), Basemaker will act solely as an intermediary application provider, meaning our Services are limited to providing a platform for You (as Advertiser or Creator) and the third party (also as Advertiser or Creator, as applicable) to connect.
BY ACCESSING OR USING OUR SERVICES IN ANY WAY, INCLUDING, WITHOUT LIMITATION, VISITING OR BROWSING THE PLATFORM, CREATING AN ACCOUNT, OR CONTRIBUTING CONTENT OR OTHER MATERIALS TO THE PLATFORM, YOU UNDERSTAND, ACKNOWLEDGE, AND EXPRESSLY AGREE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND AGREE TO BE BOUND BY THESE TERMS FOUND ON THIS PLATFORM.
You are only authorized to use the Services if you agree to comply with all applicable laws regarding these Terms.
Additionally, you may read our Privacy Policy at any time for more information on how Basemaker collects, stores, and protects your information when using the Services.
1.2. Updates to the Terms. We reserve the right to modify the Terms at any time. We will post the updated version of the Terms on the Platform, and prior notice will be provided via the email registered on the Platform if the modification involves any material change, restriction, or significant limitation of your rights under these Terms. Updates to these Terms will take effect on the date of publication, unless otherwise specified. By continuing to use our Services after any changes to the Terms, You agree to be bound by such modifications to these Terms and/or accompanying contracts/policies, including, but not limited to, the Privacy Policy.
Basemaker may also terminate these Terms or any Services provided to You or, in general, cease offering or deny access to the Services or any part thereof, for any reason, via (1) prior notice sent to the email registered on the Platform (as provided in the Access Account); and/or (2) notice upon accessing the Platform.
Additional terms may apply only to certain Services – including, but not limited to, those mentioned in Clause 4 below. Such additional terms will be disclosed prior to contracting or providing the respective Services. Additional terms are complementary and considered an integral part of these Terms for the purposes of the respective Services. In case of conflict between the provisions of these Terms and the additional terms concerning the respective Services, the additional terms shall prevail unless otherwise specified in the additional terms.
1.3. Acceptance of the Terms. To use our Services, You must be at least 18 years old. If you are 16 years old or younger, You will be represented by your parents and/or legal guardians regarding your use of our Services; if you are over 16 but under 18 years old, You will be assisted by your parents or legal guardians regarding your use of our Services. Accessing, browsing, or using the Services indicates that You agree to all terms and conditions of this instrument. If you disagree with any part of the Terms, You must immediately cease accessing or using the Services. Please read this document carefully before proceeding.
2. THE SERVICES
2.1. Services. As described above, Basemaker is a technology platform available at https://app.basemaker.co, created and developed to provide an environment in which Creators can find advertising opportunities from Advertisers for their Profiles, and Advertisers can run targeted ads on Creators’ Profiles to improve the performance of digital campaigns (the Services).
The Platform allows Creators to provide anonymized data about audience engagement and interests, such as demographic information, interests, consumption behaviors, and preferences. Neither Creators nor the Platform provide personal data to Advertisers. Based on this anonymized engagement data, Advertisers can choose the audiences they wish to reach and thereby create more relevant and personalized advertising campaigns, without ever accessing any user or follower personal data.
2.2. License. Subject to compliance with these Terms, Basemaker grants You a revocable, non-transferable, non-exclusive license to access and use the Services through your internet browser and our Platform solely for the purpose of utilizing the Services provided by Basemaker and its partner platforms. Violation of this provision (or these Terms) will result in immediate revocation of the license granted under this Clause 2.2 without prior notice.
Basemaker reserves the right to investigate and take legal action to stop any illegal and/or unauthorized use of the Services, the Platform, or violations of these Terms.
2.3. Services, Products, and Creator Content. Advertising services provided by Creators are provided independently, without Basemaker’s participation. Basemaker shall not, under any circumstances, be responsible for any service provided by a Creator to an Advertiser. Similarly, Basemaker shall not be responsible for the hiring of an Advertiser or any transaction between a Creator and an Advertiser.
2.4. Ownership. The Services and all rights thereto are and remain the property of Basemaker. These Terms and the use of the Services do not grant You any rights: (1) over the Services, except for the limited license granted in Clause 2.2 above; or (2) to use or otherwise reference Basemaker’s business names, logos, product or service names, trademarks, or service marks.
3. USE OF OUR SERVICES
3.1. Declarations. To use our Services, You declare that:
a) You will always keep your information up to date on the Platform and are responsible for any outcomes or losses resulting from false or outdated information;
b) You are solely responsible for the data provided and are liable criminally and civilly for the truthfulness, completeness, update, and accuracy of the information provided;
c) You are an individual over 18 years old (or properly represented or assisted by a legal guardian), permanently residing in Brazil, and registered with the Brazilian Federal Revenue in the CPF; or a legally established legal entity with headquarters in Brazil, registered with the CNPJ, represented by an individual over 18 years old, residing permanently in Brazil, and registered with the Brazilian Federal Revenue in the CPF, duly authorized for this purpose.
3.2. Restrictions and Limitations of Use. You may not: (1) remove any copyright, trademark, or other proprietary notices from any part of the Services; (2) reproduce, modify, prepare derivative works, distribute, license, lease, sell, resell, transfer, display, transmit, or otherwise exploit the Services except as expressly permitted by Basemaker; (3) decompile, reverse engineer, or disassemble the Services, except as permitted by applicable law; (4) connect, mirror, or scrape any part of the Services; (5) launch programs or scripts intended to overload or improperly impair the operation or functionality of any aspect of the Services; or (6) attempt unauthorized access to the Services or interfere with any aspect of the Services or associated systems or networks.
Basemaker reserves the right to terminate Access Accounts at its discretion, including if there is evidence that the User’s conduct violates applicable law or harms our interests.
You shall not upload, distribute, or otherwise publish through the Services content, information, or other materials that: (a) infringe third-party intellectual property or other proprietary rights; (b) constitute defamation, threats, obscenity, indecency, pornography, or offensive material; (c) violate the privacy, reputation, or honor of third parties; (d) violate applicable laws or regulations; (e) are fraudulent, false, misleading, or confusing; (f) promote discrimination, racism, hatred, harassment, or harm; (g) are violent, bullying, threatening, or promote terrorism; (h) promote illegal or harmful activities or substances; (i) harm or attempt to harm minors; or (j) contain malware, viruses, worms, trapdoors, Trojan horses, or other malicious code.
You further agree to:
i) Not use the Services for illegal purposes or in violation of any applicable law;
ii) Not engage in conduct that restricts or inhibits the use of the Services by anyone or that, as determined by Us, could harm Us or others;
iii) Not use the Services in a manner that could disable, overload, damage, or impair the Platform or Services for others;
iv) Not use any robot, spider, or other device/software/process, manual or automated, to index or access the Service for any purpose;
v) Not remove, bypass, or modify any technological measure implemented to protect the Platform or associated intellectual property;
vi) Not attempt to probe or test vulnerabilities or breach security/authentication measures;
vii) Not use IP proxies or other methods to deceive geographic location for any purpose;
viii) Not use the Services to distribute unsolicited commercial content; and
ix) Not otherwise interfere with the proper functioning of the Services and Platform.
3.3. Creation, Termination, and Cancellation of Access Account. To access certain features, You must create an account (“Access Account”) as an Advertiser or Creator. You must not share your password or use third-party Access Accounts. Each use of your credentials is considered authorized. Basemaker is not obligated to investigate authorization or origin of any use.
You are solely responsible for all activity under your Access Account, including communications, transmissions, and obligations incurred. You must notify us immediately of unauthorized use or security breaches.
Basemaker may, at its sole discretion, deny, suspend, or cancel any Access Account that violates the law or these Terms. Users may cancel their Access Account at any time via the “My Account” portal. Cancellation is irreversible and does not affect any Audience Contract obligations previously agreed between You and third parties.
3.4. Advertisers and Creators. You acknowledge that Basemaker acts solely as a technology platform connecting Advertisers and Creators and is not a party to any agreements or responsible for services/products offered by third parties. Basemaker does not provide personal data of Creators’ followers to Advertisers.
3.5. User-Provided Content. Any content You provide remains Your property, but You grant Basemaker a worldwide, perpetual, irrevocable, royalty-free license to use, modify, distribute, and sublicense such content. You warrant ownership or necessary rights to provide the content and that it does not violate third-party rights or applicable law. Basemaker may remove content at its discretion.
3.6. Communication with Users. Basemaker may contact Users through any available channels, including Platform notifications, email, phone, SMS, or other electronic messaging. Users may opt-out of promotional communications at any time.
Basemaker is not responsible for third-party communication content.
4. COMMERCIAL RULES
4.1 Commercial Proposal, Price, and Payment – Advertiser. After registering as an Advertiser, the Advertiser will add the profile for targeting their advertising campaigns (“Profile”). The Platform, through its functionalities, will indicate to the Advertiser whether there are Creators that match this Profile and will facilitate contact between the Advertiser and the Creators. The Advertiser may also browse and analyze Creators available on the Platform and initiate direct contact through the Platform.
If no Creators are found for the Advertiser’s campaign, the Platform may suggest Creators later when new Creators register or when conditions matching the Advertiser are met.
If registered Creators are available for the Advertiser’s campaign, the Platform will present the specific conditions, price, and service timeframe to the Advertiser.
Once the Advertiser accepts the proposal, they may finalize the setup of their registration as an Advertiser on the Basemaker Platform.
Similarly, when a Creator registers on the Platform, the Platform will indicate whether there are Advertisers interested in campaigns targeting the Creator’s Profile and will facilitate contact between the Creator and the Advertiser. Creators may also browse and analyze Advertisers and initiate direct contact through the Platform.
Upon the Advertiser’s acceptance via the Platform, a Personalized Audience Rental Agreement on META will be executed between the Advertiser and the Creator, as applicable (“Audience Agreement”). This Agreement will outline the main terms and conditions of renting the Creator’s audience for advertising purposes. IT IS IMPORTANT TO NOTE THAT THE ADVERTISER WILL NOT HAVE ACCESS TO THE CREATOR’S AUDIENCE PERSONAL DATA; ONLY THE PLATFORM WILL DISPATCH THE ADVERTISER’S CAMPAIGN TO THE CREATORS’ AUDIENCE.
Payment will be made according to the specific terms of the contract once the Audience Agreement is executed.
4.2 Payment Processors. As mentioned above, payment by the Advertiser may be made via PIX or through third-party payment providers (“Payment Service Provider”), who process payments under their sole responsibility and according to their own terms and conditions. By accepting these Terms, You agree to be bound by the terms of the Payment Service Providers available to You. Payment Service Providers are responsible for all legal and regulatory obligations regarding payments processed by them. We will share your personal data with Payment Service Providers as necessary to process payments, including for compliance with applicable laws and regulations.
5. PLATFORM SECURITY AND STABILITY
In the event of Platform degradation or instability, an emergency, force majeure, exposure to a critical security vulnerability, or if the Platform is subject to attacks or technical failures beyond Basemaker’s reasonable control, whether caused by the User, third parties, or otherwise, Basemaker may, at its sole discretion, temporarily suspend the User’s access to the Platform and Services, providing prior written notice whenever possible.
The Services depend on internet availability, including networks, cable installations, and equipment not under Basemaker’s control.
Any statement by Basemaker regarding access, performance, speed, reliability, availability, use, or consistency of the Platform and Services is based on commercially reasonable efforts.
No guarantee is made regarding minimum levels of access, performance, speed, availability, usage, or consistency of the Platform and Services concerning internet availability, including networks, cable installations, and equipment not under Basemaker’s control. Basemaker agrees to use commercially reasonable efforts to restore availability to the extent possible. We do not guarantee uninterrupted access to the Services and/or Platform or that the Services and/or Platform are free from viruses or other malware that may damage any device or data as a result of accessing the Services or website.
6. INTELLECTUAL PROPERTY AND OWNERSHIP
6.1 Content. All intellectual property rights related to the Platform and Services, including all functionalities, are exclusively owned or licensed by Basemaker, including texts, images, layouts, software, codes, databases, graphics, articles, photographs, trademarks, and other content produced directly or indirectly by Basemaker (“Content”). Content is protected under Brazilian copyright and industrial property law. You may not use Basemaker Content for any purpose without prior written consent.
You shall refrain, directly or through third parties, from: (i) reverse engineering, decompiling, disassembling, or attempting to discern the source code, algorithms, file formats, or interface protocols of the Platform; (ii) copying, modifying, adapting, altering, translating, leasing, sharing, selling, distributing, licensing, or sublicensing the Platform; (iii) modifying, removing, or editing copyright notices, trademarks, restrictive legends, or other proprietary notices on the Platform; (iv) using the Platform in violation of any applicable law; and (v) inserting malicious code, spyware, computer viruses, Trojan horses, worms, time bombs, or other code/components intended to disable, damage, or interrupt the operation, allow unauthorized access, delete, destroy, or modify Basemaker software, hardware, network, or technology.
You agree, regarding Basemaker’s intellectual property rights, to refrain from: (i) contesting any right, title, or ownership of Basemaker regarding the intellectual property rights herein established in Brazil or any other jurisdiction; (ii) contesting the validity of any of these intellectual property rights; and (iii) registering, attempting to register, or assisting third parties in registering Basemaker’s intellectual property rights, trademarks, trade names, domain names, or copyrights that are similar to Basemaker’s in Brazil or any other jurisdiction.
Texts, images, layouts, software, codes, databases, graphics, articles, photographs, trademarks, and other content produced and provided by Advertisers or Creators, as applicable, are exclusively owned by such third parties (“Third-Party Content”), and all intellectual property rights in such Third-Party Content remain the property of the respective Advertisers or Creators.
6.2 Software. Any software provided to You as part of the Services is subject to these Terms. Basemaker reserves all rights to software not expressly granted to You herein. Any third-party scripts or code referenced or linked from the Services are licensed to You by the respective third party and not by Basemaker.
7. THIRD-PARTY LINKS AND RESOURCES
Our Platform may contain links to third-party websites not owned or controlled by Us. References to any names, brands, products, services, or links to third-party sites or information are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services.
We do not control, are not responsible for, and do not endorse or verify the content, privacy policies, or practices of third-party websites or services, including, without limitation, any social media platform or mobile application with which the Services interact. Basemaker is not liable for the acts or omissions of any third-party operator. Your use of any third-party website or platform is at your own risk and governed by third-party terms and policies, including privacy policies. We make no guarantees regarding the accuracy, completeness, or timeliness of any content posted on our Platform by any party other than Us. We recommend that You review all third-party terms and privacy policies.
8. COMMUNICATIONS AND MARKETING
8.1 Communication and Marketing. You may receive institutional and marketing communications from Basemaker regarding our Services via email, SMS, WhatsApp messages, push notifications on the Platform, or other communications provided through our Platform.
8.2 Opt-Out. You may opt out of marketing messages following the instructions provided in the message. You may receive an additional confirmation message that your request has been processed. Opting out of marketing messages does not prevent You from receiving necessary institutional communications required to provide the Services.
8.3 Your Responsibilities for Your Phone Number. You represent that you are the account holder or regular user of the mobile phone number provided when registering for the Services (via your Access Account). If You change or deactivate this number, You are responsible for notifying us immediately via our Customer Support Platform. We are not responsible for delayed or undelivered messages. You agree to indemnify us fully for any claims, expenses, and damages arising, in whole or in part, from your failure to notify us of a number change, including under applicable law.
9. EVENTS BEYOND OUR CONTROL
We shall not be responsible for any non-compliance or delay in fulfilling any obligations under these Terms or other agreements when caused by events beyond our reasonable control (“Force Majeure”). Force Majeure includes any act, event, failure to act, omission, or accident beyond our reasonable control, including, without limitation, the following:
i) Inability to use public or private telecommunications systems; and
ii) Acts, decrees, legislation, regulations, sanctions, or restrictions by any government or public authority.
It should be understood that our obligations under these Terms or other agreements are suspended for the duration of the Force Majeure. We will provide all reasonable resources to end the Force Majeure to the extent possible or to find a solution that allows us to fulfill our obligations under the Terms despite the Force Majeure.
10. USER RESPONSIBILITIES
You are solely responsible for:
i) Using the Platform ethically and in accordance with the Terms and other policies made available by Basemaker on the Platform;
ii) Having devices and equipment compatible with our Services, including internet connectivity, with antivirus and firewall enabled;
iii) Configuring anti-spam systems, similar filters, or message redirection settings so they do not interfere with receiving communications and materials from Basemaker. No justification will be accepted if you fail to access an email or electronic message due to such settings. Basemaker does not send emails or other communications with external links. Therefore, if you receive such a message, you should be aware of the risks of clicking links, as it may be a phishing attempt; and
iv) Not using software to automate access to the Platform.
11. BASEMAKER RESPONSIBILITIES
THE LICENSE AND SERVICES PROVIDED UNDER THESE TERMS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” BASEMAKER AND ITS RESPECTIVE ADMINISTRATORS, DIRECTORS, EMPLOYEES, AND MEMBERS (“BASEMAKER PARTIES”) IN RELATION TO THE PLATFORM: (a) MAKE NO ADDITIONAL REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED (BY FACT OR LAW), OR STATUTORY, ON ANY MATTER; (b) EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AND TITLE; (c) DO NOT GUARANTEE THAT THE PLATFORM AND SERVICES ARE OR WILL BE ERROR-FREE, CYBERSECURE, OR TIMELY; AND (d) ARE NOT LIABLE FOR (1) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM; AND (2) ANY ERRORS, VIRUSES, TROJAN HORSES, OR SIMILAR ITEMS THAT MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY THIRD PARTIES, PROVIDED THAT BASEMAKER IMPLEMENTED REASONABLE SECURITY MEASURES. YOU SHALL NOT MAKE OR ASSIGN ANY REPRESENTATION OR WARRANTY ON BEHALF OF BASEMAKER TO THIRD PARTIES.
NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, BASEMAKER SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, GOODWILL, WORK STOPPAGE, LOSS OF PROFITS, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING FROM OR RELATING TO USE OF THE PLATFORM AND SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT BASEMAKER ONLY PROVIDES A TECHNOLOGY PLATFORM THAT CONNECTS YOU (AS AN ADVERTISER OR CREATOR) TO THIRD PARTIES (ALSO ADVERTISERS OR CREATORS, AS APPLICABLE).
SERVICES PROVIDED TO YOU BY BASEMAKER INCLUDE GUARANTEES THAT CANNOT BE EXCLUDED. NOTHING IN THESE TERMS INTENDS TO MODIFY OR EXCLUDE CONDITIONS, WARRANTIES, COMMITMENTS, OR OTHER LEGAL RIGHTS UNDER THE CONSUMER CODE AND OTHER LAWS THAT CANNOT BE MODIFIED OR EXCLUDED.
BASEMAKER DOES NOT GUARANTEE THE PERFORMANCE OR QUALITY OF SERVICES PROVIDED BY THIRD PARTIES (INCLUDING CREATORS).
BASEMAKER ACTS SOLELY AS A FACILITATOR BETWEEN YOU AND THE ADVERTISER OR CREATOR, AS APPLICABLE, AND IS NOT RESPONSIBLE FOR THIRD-PARTY SERVICES (INCLUDING CREATORS).
12. INDEMNIFICATION
You agree to indemnify and hold Basemaker and Basemaker Parties harmless from all third-party claims, demands, liabilities, and expenses (including attorneys’ fees) arising from or related to: (i) your use of the Services; (ii) services or goods obtained through the Services; (iii) your breach or violation of any provision of these Terms; (iv) Basemaker’s use of User Content; or (v) infringement of third-party rights.
We will notify you immediately of any claim and provide you with reasonable cooperation in defending the claim, at your expense. You will allow us to participate in the defense and will not settle any claim without our prior written consent. We reserve the right, at our own expense, to assume exclusive defense of any matter subject to your indemnification obligations. In that case, you will have no further obligation to defend us in that matter.
13. APPLICABLE LAW AND LEGAL DISPUTES
These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or related to these Terms, their subject matter, formation, or use of the Services, shall be governed by and construed in accordance with the laws of Brazil, without regard to conflict-of-law provisions.
We are available via email at contato@basemaker.co to address any concerns regarding your use of the Services. Most issues can be resolved quickly this way. You and we agree to use best efforts to resolve any dispute, claim, question, or disagreement directly through consultation and good-faith negotiation.
Where exclusive jurisdiction is permitted, you and Basemaker select the Central Forum of the District of São Paulo, and the forum of your domicile, as competent to resolve any matters relating to these Terms. Notwithstanding this, you may choose to litigate in the forum of your domicile.
14. LEGAL TERMS
14.1 Assignment. You may not assign or transfer these Terms (or any of your rights or obligations hereunder) without Basemaker’s prior written consent. Any attempt to assign or transfer in violation of this provision shall be null and void. We may freely assign or transfer this agreement. This agreement benefits and binds the parties and their respective legal representatives, successors, and assigns.
14.2 Entire Agreement; No Waiver. These Terms, together with our Privacy Policy and any other legal notices posted on the Platform, constitute the entire agreement between you and us regarding the Services and supersede all prior terms, agreements, discussions, and writings relating to the Services. If any provision of the Terms is deemed unenforceable, the remaining provisions shall remain in full force and effect. No waiver of any provision of the Terms shall be considered an additional or continuing waiver of such provision or any other provision. Our failure to enforce any right or provision shall not constitute a waiver of that right or provision.
14.3 Business Transfer. If Basemaker or substantially all its assets are acquired, or in the unlikely event Basemaker or its affiliates go out of business or bankruptcy is declared, User information may be one of the assets transferred or acquired by a third party. You acknowledge that such transfers may occur and that any acquirer of Basemaker may continue to use your personal information for the same purposes described in our Privacy Policy.
15. VIOLATION OF THESE TERMS
In the event of a violation of these Terms, you may be subject to: (i) removal of content deemed offensive by Basemaker; (ii) limitations on Access Account privileges; (iii) suspension and subsequent termination of your Access Account; (iv) criminal charges; and (v) civil actions, including, without limitation, claims for damages and/or injunctive relief.
If you believe, for any reason, that a User is violating these Terms, contact us at contato@basemaker.co or via our Customer Support Platform.
16. CONTACT US
We welcome your questions and comments regarding our privacy practices or these Terms. You may contact us at any time at contato@basemaker.co or via our Customer Support Platform.
All inquiries or requests should always be sent to contato@basemaker.co. Any other form of communication with Basemaker outside the designated channel will not be recognized.