TERMS AND CONDITIONS OF USE

Update: December 13, 2021



Welcome to the “Be a Supplier” Website (Portal to complete your pre-registration on the base of registered suppliers of ArcelorMittal Brasil)

Below we present the Terms and Conditions of Use (“Terms”), a document that lists the main rules that must be observed by all who access this ArcelorMittal Brasil’s Website or use its functionalities, in this case, the User.

As a condition for accessing and using the “Be a Supplier” Website functionalities, the User declares that he/she has read the rules of this document completely and carefully, being fully aware and in accordance with them.

1. FEATURES OF THE SITE

1.1 Functionality. The “Be a Supplier” Website of ArcelorMittal Brasil, registered under the domain https://fornecedor.arcelormittal.com.br has the following functionalities and information:

· Access to the supplier’s pre-registration form in the ArcelorMittal Brasil supplier base

1.2 Majority. Access to and use of the “Be a Supplier” Website is free for everyone, but filling out the form can only be practiced by people over 18 (eighteen) years, according to the legislation in force.

1.2.1 In these cases, legal representatives must supervise and represent children and adolescents under the age of 16 (sixteen) years and assist adolescents over the age of 16 (sixteen) and under 18 (eighteen) years, whenever applicable.

1.2.2 ArcelorMittal Brasil may refuse, not approve, cancel or limit any requests, if the User does not provide correct data.

1.2.3 The same will apply when using the “Be a Supplier” Website, if it is used fraudulently, as well as attempting or violating these Terms or any applicable laws.

1.3 Eligibility. ArcelorMittal Brasil may change the eligibility criteria for accessing and using the “Be a Supplier” Website at any time and at its discretion without the need for communication or prior notice to the User or any third party.

1.4 E-mails. By providing your data at the “Be a Supplier” Website, the User agrees that he/she may receive messages with newsletter and advertising content for products or services from ArcelorMittal Brasil and its partners in the email informed in the pre-registration. The User will be able to choose in the e-mail or through the instructions contained in the “Be a Supplier” Website to no longer receive such communications.

1.5 Presentation of the “Be a Supplier” Website. The “Be a Supplier” Website and its functionalities are presented to the User as they are available, and may undergo constant improvements and updates.

1.5.1 In this case ArcelorMittal Brasil is committed to preserve the functionality of the “Be a Supplier” Website with reasonable efforts, with unbroken Links and using a Layout that respects usability and navigability, whenever possible, as well as displaying the features in a clear, complete, accurate and sufficient manner so that there is a correct perception of what is being practiced.

2. USE OF THE “Be a Supplier” Website

2.1 Confidentiality of Access Account data. The User must maintain the confidentiality of his/her Access Account data in relation to third parties and use it in an individual and non-transferable way, not making available, disclosing or sharing their password or any authentication mechanism with anyone. If he/she suspects that the confidentiality of his/her password has been breached, the User should proceed with its exchange or update as soon as possible. The User is aware and recognizes that all accesses and operations performed after his/her successful digital authentication are undoubtedly interpreted as his/her responsibility, including those derived from improper use or disclosure of this to third parties.

2.2 “Be a Supplier” Website Integrity. The User agrees not to access the programming areas of the “Be a Supplier” Website, its database, source codes or any other data set available in these environments, as well as not to perform or allow reverse engineering, nor to translate, decompile, copy, modify, reproduce, rent, sublicense, publish, disclose, transmit, loan, distribute or otherwise inappropriately dispose of the functionality of the Be a Supplier Website.

2.3 Non-mining. It is forbidden to use data mining software on the “Be a Supplier” Website, of any type or kind, in addition to another here not typified that acts in a similar way. 

2.4 Indemnity. In case of violation of any provisions contained in this Term, by the User, the User must indemnify ArcelorMittal Brasil, its Affiliates and/or Representatives, in addition to third parties who may be aggrieved, as the case may be, for all losses, damages, including those of a moral or antitrust nature, expenses or other charges caused by such breach, including, but not limited to, attorney's fees and court costs incurred as a result of the aforementioned breach.

3. CONTENT, SUBMITTED DATA AND INTELLECTUAL PROPERTY

3.1 Content. Unless otherwise provided by these Terms, all information, news, images, forms, brands and market information made available on the “Be a Supplier” Website in any language or form, is the exclusive property of ArcelorMittal Brasil or licensed to ArcelorMittal Brasil (“Content”). Your use of the “Be a Supplier” Website by the User does not give rise to any presumption of transfer of that property or license. For this reason, the User shall not commercialize the Content in whole or in part by any means, whether onerous or not, knowing that if he/she does so, he/she may be penalized civilly and criminally by ArcelorMittal Brasil and/or by any third party holder of the Content.

3.1.1 The eventual removal, blocking or suspension of any Content or functionality of the “Be a Supplier” Website as a result of any complaint, should always be understood as a demonstration of good faith and intention of amicable settlement, never as recognition of guilt or any infringement by ArcelorMittal Brasil to the right of a third party.

3.2 Your Data. The User is and will continue to be the holder and owner of all data in any way submitted and/or shared on the “Be a Supplier” Website by the User (“Your Data”) as well as being responsible for them, the User being responsible for respecting the intellectual property of third parties or any other related rights.

3.3 Legality of Your Data. ArcelorMittal Brasil will not be obliged to process any of Your Data if there are reasons to believe that such processing could attribute to ArcelorMittal Brasil any infringement of any applicable law or that the “Be a Supplier” Website is being used, under the sole discretion of ArcelorMittal Brasil, for any purpose that is unlawful, illicit or contrary to morality.

3.4 Absence of warranties regarding Your Data. The User is responsible for providing Your Data in full. ArcelorMittal Brasil is not responsible, therefore, for any inaccuracy, obsolescence or error of this Data. ArcelorMittal Brasil is only responsible for ensuring that the User, by means of a request, can correct his/her data that is incomplete, inaccurate or out of date.

3.4.1 Without prejudice to the above, the User is aware and agrees that ArcelorMittal Brasil does not have any real or assumed obligation to publish any of Your Data, as well as may remove Your Data with or without notice.

3.4.2 The User shall under no circumstances make any decision, whether onerous or not, based entirely on the Content or any functionality of the “Be a Supplier” Website.

3.5 Storage. ArcelorMittal Brasil does not provide and the “Be a Supplier” Website does not constitute a storage service, therefore ArcelorMittal Brasil has no obligation to store, retain or provide the User or any third party with a copy of Your Data or any Content, unless required by law regarding the form or type of data processed.

3.6 Algorithmic intelligence. The “Be a Supplier” Website, in an impersonal and automatic way, may apply statistical models and algorithmic intelligence to index, filter and organize Your Data, generated or shared through the “Be a Supplier” Website.

3.6.1 The User declares himself/herself aware that ArcelorMittal Brasil, if not at its sole discretion, will not disclose or provide the User or any third party with any systemic or algorithmic information related to the “Be a Supplier” Website.

4. YOUR PRIVACY AND YOUR PERSONAL DATA

4.1 Personal Data. If the User processes or transmits information related to an identified or identifiable natural person (“Personal Data”) within the scope of the “Be a Supplier” Website, the User will be responsible for collecting the necessary authorizations from the holder of the Personal Data.

4.1.1 ArcelorMittal Brasil will collect personal data from the User when filling in a supplier pre-registration form. Personal data collected from natural person Users are: namea Individual Taxpayer Identification Numberand name of the company’s legal representative.

4.1.1.1. The other data collected for pre-registration are related to the legal entity and will only be considered personal data when referring to the company's sales agents. For this purpose, the following data will be collected: name of the company representative.

4.1.2 ArcelorMittal Brasil will monitor, by appropriate means, its own compliance with the respective Personal Data protection obligations, if applicable.

4.2 Records. ArcelorMittal Brasil may register all activities performed by the User on the “Be a Supplier” Website, including identification, device and connection data (“Records”).

4.3 Purpose of Collection. The Records may be used for the purpose of: (i) identifying the User and serving him/her (ii) complying with the obligations of these Terms (iii) improving the “Be a Supplier” Website; (iv) safeguard rights and obligations related to your use of the “Be a Supplier” Website; (v) enable the pre-registration of the supplier on the Be a Supplier Website; and (vi) to develop new suppliers, through the availability of forms for requesting the registration of companies on the “Be a Supplier” Website.

5. EXEMPTION AND LIMITATIONS OF LIABILITY

5.1 ArcelorMittal Brasil endeavors to maintain the continuous and permanent availability of the “Be a Supplier” Website. However, there may be, eventually, some temporary unavailability due to necessary maintenance or even generated by reason of force majeure, such as natural disasters, failures in communication and Internet access systems, invasive cyber attacks, or any third party facts that escape from the sphere of surveillance and responsibility of ArcelorMittal Brasil.

5.1.1 If this occurs, ArcelorMittal Brasil will do everything in its power to restore access to the “Be a Supplier” Website as soon as possible, within the technical limitations of its services and third party services, on which it depends to stay online. For this reason, the User is aware that he/she will not be able to claim indemnification or compensation for damages if the “Be a Supplier” Website remains offline, regardless of the motivation.

5.1.2 Eventual maintenance procedures that cause the Be a Supplier Website to be unavailable for long periods will be informed through ArcelorMittal Brasil’s official communication channels.

5.2 Without prejudice to other conditions of these Terms, ArcelorMittal Brasil is not responsible:

i. For any problems, bugs, glitches or improper functioning that occur on its devices and equipment;

ii. For any direct or indirect damage caused by third party events, for example, but not limited to hacker attacks, system, server or internet connection failures, including software actions that may, in some way, damage its physical or logical assets as a result of accessing, using or browsing the “Be a Supplier” Website, as well as the transfer of data, files, images, texts, audios or videos contained on the “Be a Supplier” Website;

iii. For your navigation on any external links made available on the “Be a Supplier” Website, your duties being to read the Terms and Conditions of Use and the Privacy Policy of the resource accessed and act as determined; and

iv. For verifying, controlling, approving or guaranteeing the adequacy or accuracy of the information or data made available on such links, they not being therefore not responsible for losses or damages caused by the visit of such websites, and it is up to the interested party to verify the reliability of the information and data displayed there before making any decision or taking any action.

6. OTHER PROVISIONS

6.1 Service Channels. The User will be able to use the Service Channel “Talk to Us”) made available on the Corporate Website at https://brasil.arcelormittal.com.br/fale-conosco, whenever he/she witnesses or verifies inappropriate content on the “Be a Supplier” Website, be it notably unlawful or contrary to the rules of use stipulated in these Terms.

6.2 Updating of Terms. These Terms are subject to constant improvement and upgrading. Thus, ArcelorMittal Brasil reserves the right to modify them at any time, according to its purpose or convenience, such as for the adequacy and legal compliance of a provision of law or standard that has equivalent legal force, including regulatory bodies, that is, the User must check them whenever accessing the “Be a Supplier” Website.

6.2.1 In the event of updates to these Terms, ArcelorMittal Brasil will notify the User by the tools available on the “Be a Supplier” Website or by the means of contact provided by the User.

6.2.2 When browsing the “Be a Supplier” Website and using its features, the User agrees to be guided by the Terms that are in force on the access date. Therefore, it is recommended that the User be aware of the current conditions.

6.3 Novation and waiver. The tolerance of any breach of any conditions of these Terms will not constitute a waiver or novation nor will it prevent ArcelorMittal Brasil from demanding these conditions at any time.

6.4 Nullity. If any provision of these Terms is found to be inapplicable or ineffective, the remainder will continue to apply as normal.

6.5 Communication. The User acknowledges that all communication made by e-mail (to the e-mail address given to ArcelorMittal Brasil when pre-registering) is valid, effective and sufficient for the disclosure of any matter that refers to the “Be a Supplier” Website.

6.6 Date and time. The “Be a Supplier” Website is based on the official date and times of Brasília (UTC/GMT -03:00).

6.7 Applicable law and venue. These Terms will be interpreted in accordance with Brazilian law, in the Portuguese language, and the Jurisdiction of the District Court of the City of Belo Horizonte/MG is elected to settle any dispute, unless the applicable legislation specifically reserves other personal, territorial or functional competence.

7. GLOSSARY

i. ArcelorMittal Brasil: ArcelorMittal Brasil S/A, a legal entity governed by private law, registered under CNPJ No. 17.469.701/0001-77, headquartered at Avenida Carandaí, No. 1,115, Bairro Funcionários, Belo Horizonte, MG. CEP 30.130-915.

ii. Website: The “Be a Supplier” Website of ArcelorMittal Brasil, registered under the domain https://fornecedor.arcelormittal.com.br

iii. Anti-Spam: System that prevents unwanted correspondence, such as mass advertising, by blocking messages or moving them to a specific folder.

iv. Service Channels: E-mail address and other “contact us” channels available on the Corporate Website for the User to contact ArcelorMittal Brasil.

v. Layout: Set that concerns appearance, design and flows of the “Be a Supplier” Website.

vi. Link: Terminology for internet address.