Advertising Content Policy

1. Applicable law

Given that Pharoll is established in the Portuguese Republic, this Policy strictly follows the rules laid down in the Advertising Code, approved by Decree-Law No. 330/90 of 23 October.

The provisions of civil law, commercial law, competition law and any other separate legislation to which those statutes and the Advertising Code refer may also apply on a subsidiary basis.

2. Scope

This Policy applies to the entire process of creating, submitting, promoting, distributing and moderating advertising content through the Pharoll platform, including the website, web application, mobile application and other associated digital interfaces, regardless of the medium used.

For the purposes of applying this Policy, the legal definition of “Advertising” under Article 3 of the Advertising Code is taken into account as any form of communication made by public or private entities in connection with a commercial, industrial, craft or professional activity, with the direct or indirect purpose of:

1. Promoting any goods or services with a view to their sale or disposal;
2. Promoting ideas, principles, initiatives or institutions.

Under the same legislation, each user, regardless of the type of profile registered, is regarded as an “Advertiser”. In the same sense:

• Pharoll is regarded as an advertising medium whenever it acts as the vehicle used by users to transmit advertising content;
• CORDOUAN, UNIPESSOAL LDA is regarded as an advertiser whenever it acts as a party interested in the advertising, namely when it relies on its role as administrator of the Platform, across its different interfaces, to disclose communications intended to promote any goods or services with a view to their sale or disposal, or to promote ideas, principles, initiatives or institutions;
• As it cannot be regarded as an advertising agency for the purposes of the Advertising Code because it does not exclusively carry out advertising activity, CORDOUAN, UNIPESSOAL, LDA also acts as an advertiser whenever it exercises powers of control, direction, instruction and supervision.

Notwithstanding the applicability of other special legislation, whether in Portugal or any other jurisdiction, this Policy applies on similar terms to any content distributed in a domestic or international market whenever it originates from the ordinary activity of the Pharoll Platform across its different interfaces.

3. General Principles - Guidance, Censorship and Prohibition

All advertising content within the scope of this Policy must comply with the following guidelines:

1. Be lawful under applicable law, truthful, verifiable and fairly presented;
2. Not cause error, misleading omission or confusion;
3. Comply with applicable law, including advertising, consumer protection, intellectual property, competition, data protection, image rights and applicable sector-specific rules;
4. Respect the requirements of the country or market in which the campaign is distributed, targeted or made available; and
5. Distribute content only to the extent and in the proportion that it respects third-party intellectual property, personality and privacy rights; and
6. All content must comply with Pharoll's other Policies and Terms and Conditions, namely the Privacy Policy and Invalid Traffic Policy.

The following prohibitions apply to the same content in absolute and general terms:

1. Disclosing, distributing or promoting any misleading, aggressive, covert or manipulative content or content that is contrary to applicable law;
2. Distributing, sharing or reproducing content that depicts any activity criminalised under Portuguese law or any profanity, unless used in campaigns opposing the crimes or profanity in question;
3. Distributing, sharing or reproducing content that does not comply with Pharoll's Terms and Conditions and Policies, or that does not comply with the law applicable in the jurisdiction in which the owning company has its registered office;
4. Distributing, sharing or reproducing graphic and violent, sensationalist and/or shocking content;
5. Creating, sharing or requesting content that is inappropriately directed at minors (-18), namely by exploiting their inexperience or vulnerability, using manipulative techniques, relating to the restricted products and services listed below, directly encouraging them to make purchases, or persuading adults to make purchases;
6. Content created using Artificial Intelligence tools whenever this is not disclosed;
7. Advertising content that promotes, praises or depicts groups or individuals commonly associated with dangerous organisations, individuals and actions; and
8. Distributed elements or information that discourage vaccination, participation in elections, recycling and other sustainable behaviours.

In addition to the prohibitions listed above, advertising content originating from and approved on Pharoll must comply with the following restrictions, whose main purpose is to prevent the unrestricted distribution of content that may negatively affect the health, safety and well-being of its target audience.

Accordingly, the topics listed below are subject to a special compliance requirement under applicable law, administrative instructions and decisions of the competent authorities, with responsibility for the content distributed being allocated in accordance with Section 7 of this Policy. The relevant guidelines and instructions apply when using age and location criteria.

1. Alcoholic beverages and the treatment of alcoholism;
2. Crises, natural disasters and controversial events;
3. Advertisements for dating services;
4. Hazardous materials and products;
5. Cosmetic products and procedures;
6. Weight-loss products and procedures;
7. Adult products and services and reproductive health;
8. Sale of historical artefacts and property belonging to others;
9. Commercialisation of human body parts or organic remains;
10. Sale and/or trafficking of non-threatened animals and endangered species;
11. Tobacco and derived products;
12. Weapons, ammunition and explosives;
13. Sale and use of medicines, pharmaceutical products, illicit and recreational drugs, and the treatment of drug addiction;
14. Insurance and financial market products and services;
15. Products and services for trading, monetising, reselling, exchanging or staking cryptocurrency, software, and related services and products; and
16. Gambling and online games of chance.

Finally, Pharoll defines a set of topics regarded as objectionable which, although their distribution may appear lawful, present a high risk of causing a negative experience for its users and may therefore be subject to audiovisual censorship at any time. These are:

1. Disclosing, distributing or promoting any content that refers to nudity or sexual activity, or that is sexually suggestive;
2. Showing gestures or images depicting genitals, masturbation, oral sex, sexual intercourse or kissing with a visible tongue;
3. Presenting symbols, images or other audio or video multimedia elements that refer to known pornographic websites;
4. Reproducing images depicting female nipples unless they relate to health or maternity information campaigns;
5. Depicting people touching sexually, exposing or moving commonly sexualised parts of the body, regardless of their consent;
6. Promoting content that includes attacks intended to humiliate, belittle, shame, harass or disparage natural or legal persons;
7. Promoting content containing language inappropriate for most of the population or, in general, offensive language;
8. Sharing or publishing elements that make explicit reference to violence, whether physical, verbal or social; and
9. Creating or distributing advertisements or elements that refer to or encourage suicide, self-harm, rape/sexual assault, human exploitation and eating disorders, or that ridicule victims or survivors of these phenomena.

4. Monitoring and Infringement

Although it is not an advertising agency for the purposes set out in the Portuguese Advertising Code, Pharoll and its Management reserve the right to monitor, either preventively or subsequently, any advertising campaigns, user profiles (both Businesses and Creators), publications and comments available on Pharoll across its various interfaces, and any textual or audiovisual content, links and any other material that users distribute through Pharoll's publishing channels (namely the “Newsroom”, available across all its interfaces and versions).

In its monitoring activity, Pharoll will take into account the nature and severity, or potential severity, of harm; the context in which the content was created, published and distributed; the existence of an actual or imminent risk to a legal interest deserving public protection; the reach and potential impact of the content; the potential intent of the infringer (namely as established or reinforced by their history on the platform or before the competent authorities); the existence of an actual or imminent risk; the reach and potential impact of the user concerned; the existence of informational, journalistic, educational, artistic or public-interest elements; the rights and legitimate interests of those involved; and the existence of documentation or other elements supporting the report, preferably in writing.

All reports will be recorded in an internal incident-management system through which they are organised and tracked, necessarily with documentary support.

Any report submitted will be analysed, processed and answered within a maximum of 5 (five) business days, without prejudice to giving priority to urgent or high-risk situations or those requiring faster action. Any report submitted after 18:00 (Lisbon time) will be treated as having been received on the next business day. When Pharoll cannot respond to the report or complaint in question in a timely manner, it is responsible for informing the reporting party/complainant accordingly and responding to the matter within an extraordinary maximum period of 3 (three) business days.

By reading and accepting this Policy, Pharoll users acknowledge that Pharoll may prioritise reports and/or complaints according to their complexity, severity, urgency, difficulty in accessing evidence, volume of reports and/or complaints already submitted, need to consult specialists or legal advisers, and any intervention by the competent authorities. Pharoll remains responsible for informing the users and/or reporting parties concerned according to the exceptional situation in question. Stating a time limit for analysis and resolution does not prevent Pharoll from adopting preventive or precautionary measures, regardless of the duration of the monitoring process, whenever justified to protect the legitimate interests of users, the platform itself or third parties. The same applies on identical terms to reporting parties external to the application (i.e. those who are not registered with Pharoll in any capacity).

Pharoll may use automated detection mechanisms, carry out specific checks, analyse content reported under this Policy, or undertake voluntary monitoring whenever it considers this appropriate to identify and duly remove content, messages, campaigns or profiles that represent or engage in acts incompatible with applicable law and the policies of the Pharoll community across its different platforms.

Any content reported through the relevant form made available on Pharoll across its different platforms, or by written communication to CORDOUAN, UNIPESSOAL LDA's communication channels, by a public authority, non-governmental organisation, decision, recommendation or opinion issued by a police, regulatory or judicial authority, entails an instruction for the immediate removal of the content in question, failing which it may be voluntarily removed from the platform and access to and use of Pharoll across its various channels may be completely prohibited.

Although Pharoll does not currently have any mandatory mechanism for prior monitoring of advertising content, additional security measures, examples of which are listed below, may be imposed according to the rules, standards, criteria and recommendations for each product/service sector. Pharoll may trigger them on its own initiative, through internal security, risk, compliance or fraud-detection systems, following a report by users, third parties and/or partner entities, or due to a requirement arising from law, regulation, instruction or decision (administrative or judicial). Pharoll may likewise adopt these measures whenever the actual or potential infringement represents a serious infringement, an unnecessary risk to users or third parties, a risk of fraud, of causing harm that is difficult or impossible to remedy, or of breaching legal obligations, when platform security is compromised, or in the event of manifestly abusive use of the platform. These measures are subject to proportionality in relation to the infringement in question, with preference, wherever possible, for the measure that provides an effective response to the verified risk or infringement and is less restrictive.

• ➔Declare that no infringement exists and retain the content;
• ➔Close the report, irrespective of the application of any preventive or punitive measures;
• ➔Instruct the advertiser(s) to make changes or corrections to the advertising content or campaign;
• ➔Request additional documents or clarification considered essential to reach a decision;
• ➔Require advertisers to provide any evidence supporting advertising claims, rights or authorisations;
• ➔Add a warning or supplementary information to the content;
• ➔Limit certain functionalities associated with the content or the advertiser's account, permanently or temporarily;
• ➔Restrict the visibility, distribution or recommendation of the content, temporarily or permanently;
• ➔Censor audiovisual elements in the content so that topics that are sensitive for certain particularly sensitive groups (e.g. elderly persons, adults under guardianship, minors) cannot be recognised;
• ➔Preventively suspend the campaign until Pharoll makes a final decision on any report or monitoring procedure;
• ➔Reject the publication or approval of a campaign, or interrupt a campaign that has already begun;
• ➔Remove a publication, comment, message, campaign, interaction or any other content within Pharoll;
• ➔Permanently close a user's account where there has been an intentional, serious and/or repeated infringement of this Policy or, in any other way, of Pharoll's Terms and Conditions, the law applicable under this Policy, or instructions from the competent authorities;
• ➔Prevent new publications, messages or campaigns for a specified period expressly communicated on the platform;
• ➔Restrict access to certain areas or functionalities;
• ➔Preserve the elements strictly necessary for evidentiary, security or legal-compliance purposes, accepting responsibility for complying with requirements arising from the protection of the privacy of users or third parties; and
• ➔Report incidents to the competent authorities whenever Pharoll is required to do so by law or administrative instruction, or whenever the platform's management considers this appropriate.

The platform reserves the right, at any time and regardless of the publication status of the content in question, to request from the advertiser any information or documents that may be relevant to determining compliance with this Policy and Pharoll's Terms and Conditions. In particular, legally admissible proof may be required of:

• -A licence or authorisation to distribute certain content;
• -Claims, prices, results or benefits being promoted;
• -Ownership or legal authorisation to use trademarks, images, videos or other materials;
• -The identity and characteristics of the product, service, advertiser, target audience or distribution channel; and
• -Documentation relevant to compliance, security or fraud prevention.

Advertisers' failure to share the information and elements described above within a maximum of 15 (fifteen) days may justify limiting, suspending, not publishing or removing the campaign.

When adopting any of the measures listed above, Pharoll assumes responsibility for informing the affected party or parties, identifying the legal or internal provision at issue, clarifying whether automated means were used to detect and/or analyse the matter, identifying the content or conduct concerned, and providing information on any available means and time limits for requesting reconsideration.

Pharoll may likewise take equivalent action against users who repeatedly submit manifestly unfounded reports, use the reporting system to harass, intimidate or harm third parties or their businesses, deliberately and intentionally provide false information or manipulated documentation, repeatedly republish content that has been removed, attempt to circumvent suspensions, limitations or other restrictions, create new accounts to avoid measures previously applied, or commit serious or repeated breaches of the platform rules.

5. Lead Ads and Targeting

Including lead-ad questions in advertising content in order to request information from the target audience is subject to Pharoll's prior written permission, which must be requested by submitting a request through a restricted form made available in the Platform's Restricted Area.

Irrespective of this platform authorisation, advertisers are prohibited from requesting account and/or card numbers, criminal records, financial information, government-issued identification, health information, insurance information, race/ethnicity, political or trade-union affiliation, religion, sexual orientation, usernames and passwords.

No targeting option may be used for predatory advertising, defamation, threats, discrimination, coercion or provocation.

Content must faithfully and clearly depict the business, product, service or brand being advertised.

6. Transparency

All content promoted through Pharoll must be clearly identifiable as advertising, sponsored content, a commercial partnership or promotional communication whenever applicable law so requires. This obligation is not fulfilled merely by adding generic labels such as “#ad”, “#pub”, “#sponsored”, “paid partnership”, or equivalents.

European Union law, in particular Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022, the “Digital Services Act”, requires that where advertising content defines the European Union or the territory of any of its Member States as its target audience, the beneficiary person or organisation (the advertiser) and the party paying for the content (the paying entity) must be identified. If this information is subsequently changed, Pharoll will retain it for 1 (one) year. The information may be changed using the relevant form made available in Pharoll's Restricted Area.

Notwithstanding its internal record, this information will not be displayed in the distributed content itself, nor will it affect the presentation, format or cost of the advertisement or the application of this Policy.

Failure to comply with advertising-transparency rules may result in the loss of associated remuneration, in addition to the other punitive measures provided for in this Policy and Pharoll's Terms & Conditions.

7. Responsibilities

Business users are responsible for:

1. Ensuring the legality, truthfulness and legal compliance of advertising content;
2. Ensuring that they hold the rights, authorisations, licences and consents required to use the text, images, videos, trademarks, names, testimonials and other materials included in campaigns;
3. Ensuring that advertised claims, promises, comparisons, prices, commercial discounts, results or benefits are truthful, current and demonstrable, and retaining the relevant supporting evidence;
4. Providing reasonable documentation supporting campaign validation when requested;
5. Planning and structuring campaigns in accordance with EU advertising-transparency rules;
6. Avoiding messages, formats or instructions that promote covert or disguised advertising or the concealment of infringements of this Policy; and
7. Providing Creators with guidance compatible with the legally required identification of advertising.

Creator users, in turn, are responsible for:

1. Promoting content transparently, ethically and in accordance with this Policy;
2. Respecting the advertising-identification rules applicable to the channel used;
3. Not altering the meaning, context or nature of the content in a misleading manner;
4. Not using abusive, artificial, fraudulent or manipulative distribution practices;
5. Using only channels, accounts, audiences and promotional means whose use is lawful and permitted;
6. Complying with the applicable terms, policies, community rules and requirements of the platforms, social networks or external channels used to distribute the content;
7. Strictly observing the transparency instructions applicable to the campaign and channel used;
8. Using references, labels or formats appropriate to the relevant channel, platform or market; and
9. Avoiding practices that disguise, conceal or minimise the advertising nature of the communication.

Notwithstanding the clear distinction between Creator and Business profiles, either may be held responsible for breaches of this Policy, including on the basis of joint or secondary liability.

8. Cooperation with Authorities and International Compliance

Pharoll may remove content, restrict campaigns, provide legally required information and cooperate with the competent authorities whenever required under applicable law.

As the platform gradually internationalises and expands, its users must ensure compliance with the law applicable in the relevant jurisdiction, including the markets and jurisdictions in which the target audience is located, the product or service that is the subject of the campaign is made available, promotional activity is carried out, or the campaign is distributed.

Pharoll is not responsible for any failure to comply with the law applicable in jurisdictions other than that of its registered office.

9. Limitation of Liability

Whether the user is a Business or a Creator, Pharoll does not limit its liability where the law does not permit it to do so. As consumers, users are protected by applicable law.

Nothing in this Policy may affect consumers' rights. Pharoll's employees, owners, representatives, partners and creators are not liable to other users for any loss of profits, business or revenue, interruption of business, loss of opportunities or loss of anticipated savings arising from or related to the use of Pharoll. This includes a breach of these Terms, a failure to exercise reasonable care and skill, any loss or damage, whether contractual, non-contractual (including negligence), a breach of statutory duty or otherwise, even if foreseeable, arising from or related to their inability to use Pharoll or any of its services or functionalities.

Pharoll is not liable for any damage arising from Creators' content on their personal social-media pages. Nor is it liable to a Creator if their content is copied, distributed or republished elsewhere, or if their copyright is infringed.

Pharoll is not responsible for any disclosure of identity, or any disclosure or publication of users' personal information by other users or third parties without their consent. Nor is it responsible for any failure or delay by Pharoll in complying with any part of the Terms and Conditions due to events beyond its reasonable control.

10. Updates

Pharoll may amend this Policy periodically. Any amendment will be communicated to users through appropriate means. These amendments will enter into force immediately after they have been read, acknowledged and expressly accepted.

11. Contact and Support

For technical questions or enquiries, contact us at info@pharoll.com.

By accessing and participating on Pharoll, you acknowledge that you have read, understood and agreed to its Terms and Conditions and related Policies.

12. Unforeseen circumstances

Any situation not provided for in these Terms and Conditions may be analysed and dealt with on a case-by-case basis in accordance with applicable law.

Any death, incapacity, force majeure event or other exceptional circumstance that may affect a user's experience and interaction with the Platform and/or with any other user on it must, once known, be communicated to the Pharoll team to the extent of the user's abilities.