1. Purpose
We, from SAFETY
UP, value you and your personal data and more than that, we recognize the
importance of your privacy. In this sense, we have taken some measures
following the General Data Protection Law (LGPD) and, in this document, we
demonstrate how we treat and protect your data.
The
purpose of this document is to inform anyone who registers on our website or
uses any of our products, services or any other feature, technology or
functionality that we offer on our website, how your data is processed.
2. Who we are
We are established at Alameda Rio Negro, 503, Alphaville, Barueri, São
Paulo with an office in the state of Florida, USA, and we are a company
registered under the number CNPJ 35.064.250/0001-70, acting as a data
controller when processing your personal data.
Our Support
is responsible for receiving data subject (you) requests, providing
clarifications, and taking measures regarding data protection and can be
contacted at: [email protected].
3. Definitions
The following
definitions of the terms used in this document are are extracted from article 5
of the General Law for the Protection of Personal Data (LGPD) or from its
interpretation:
• Personal data: information relating to an identified or identifiable
natural person.
• Sensitive personal data: personal data on racial or ethnic
origin, religious belief, political opinion, membership of a trade union or
organization of a religious, philosophical or political nature, data relating
to health or sex life, genetic or biometric data, when linked to a natural
person.
•
Anonymized data: data relating to a subject that cannot be identified,
considering the use of reasonable technical means available at the time of its
processing.
• Data
subject: a natural person to whom the personal data being processed refers.
• Processing
agents: the controller and the operator.
• Controller:
natural or legal person, governed by public or private law, who is responsible
for decisions regarding the processing of personal data.
• Operator:
natural or legal person, governed by public or private law, who processes
personal data on behalf of the controller.
• Person
in Charge (DPO): person appointed by the controller and operator to act as
a communication channel between the controller, the data subjects and the
National Data Protection Authority (ANPD).
•
Processing: any operation carried out with personal data, such as those
related to the collection, production, reception, classification, use, access,
reproduction, transmission, distribution, processing, filing, storage,
elimination, evaluation or control of information, modification, communication,
transfer, dissemination or extraction.
• Legal
bases: justifications provided for the LGPD for the processing of personal
data according to each processing activity.
•
International data transfer: transfer of personal data to a foreign
country or international body of which the country is a member.
• Shared
use of data: communication, dissemination, international transfer,
interconnection of personal data or shared processing of personal databases by
public agencies and entities in compliance with their legal competences, or
between these and private entities, reciprocally, with specific authorization,
for one or more processing modalities permitted by these public entities, or
between private entities.
• Consent:
a freely given, informed, and unequivocal expression by which the data subject
agrees to the processing of their personal data for a specific purpose.
• National
Authority (ANPD): a government agency responsible for overseeing,
implementing, and monitoring the compliance with this Law throughout the
national territory.
4. What data do we collect and for what?
We
process your personal data in accordance with the legal bases provided for in
the LGPD and keep your data for the period necessary for us to achieve the
purpose(s) specified in this Notice.
The following are the personal data and its
purposes:
|
PERSONAL
DATA |
PURPOSE |
|
E-mail and phone number |
Advertising, marketing, sales, and sending of
commercial proposals. |
Please note that if you have consented to receive marketing communications from us, you may revoke this consent at any time and you will no longer receive them. To do so, simply send an e-mail to [email protected], indicating your desire to no longer receive communications, or simply click on “unsubscribe” at the end of the e-mail received.
5. How do we
collect your personal data?
Your
personal data is provided directly by you or indirectly through the use of a
partner system, platform or application.
6. How long will your personal data be stored?
Your
personal data will only be kept with us if we have a valid legal basis for
storing it.
The data used for marketing will be kept until you ask us
(“unsubscribe”) to no longer receive communications from us, as
stated above.
7. Cookies and Similar Technologies
When you
visit our website, we, including the companies we hire to keep track of how our
website is used, may place small data files called “cookies” on your
computer. We send a “session cookie” to your computer when you visit
our website, log into your account or use any of our services. This type of
cookie helps us recognize you if you visit multiple pages on our website during
the same session, so we do not have to ask for your information on every page. Once
you exit or close your browser, this cookie will expire and no longer have any
effect.
We also use permanent cookies, which have a longer duration, for other
purposes, such as so that you do not have to re-enter your email address every
time you log into your account. We and our service providers also use cookies
to personalize our services, content, and advertising, assess the effectiveness
of promotions, and promote trust and security. You may encounter third-party
cookies when using some of our services on certain websites that are not under
our control (for example, if you view a web page created by third parties or
use an application developed by third parties, a cookie may be placed by that page
or application).
8. What are your rights and how can they be exercised?
You have the right to obtain, in relation to the data we process about you, at
any time and upon request:
• Confirmation of the
existence of processing;
• Data access;
• Correction of incomplete, inaccurate or outdated data;
• Anonymization, blocking or deletion of data that is unnecessary,
excessive or processed in non-compliance with the provisions of Law No.
13,709/2018 (LGPD);
• Data portability to another service or product provider, upon express
request, in accordance with the regulations of the national authority, while
respecting trade and industrial secrets;
• Deletion of personal data
processed with the consent of the data subject, except in the cases provided in
article 16 of the LGPD;
• Information of the public and private entities with which the controller has
shared data;
• Information on the possibility of not providing consent and on the
consequences of refusal;
• Revocation of consent, pursuant to § 5 of article 8 of the LGPD;
• Right to petition in relation to your data against the controller before the
national authority.
To exercise your rights, you should send an email to our contact mentioned
above, initially containing information about which right you wish to exercise
and regarding which data.
The data may vary according to the right to be exercised and the processing
activity, so we may request other data so that we can respond to you and, if
applicable, fulfill your request.
We always strive to respond to you as soon as possible within 15 days,
following the parameter established by the LGPD in its article 19, II. However, your request may not always be
fulfilled, as it is not applicable according to the legal provision. If this is
the case, it will be duly justified on the basis of the legislation.
9. Who do we share your personal data with?
We only
share your personal data for the purposes specified in this Notice or where
there is a legal requirement.
Your data will be shared with systems, platforms and/or applications necessary
for the execution of our activities and in accordance with the purpose provided
for each processing of personal data:
• Contracted service providers who collaborate in parts of our business
operations; (fraud prevention, billing activities, marketing, technology
services). Our contracts state that these service providers only use your data
in connection with the services they perform for us, and not for their own
benefit;
• Companies with which we intend to merge or acquire. If a merger occurs, we
will require the newly formed entity to follow this Notice with respect to your
personal data;
• Law enforcement authorities, government officials, or other third parties, if
we are required to do so by subpoena, court order, or similar legal procedure,
or that we need to do so in order to comply with the law or credit card
association rules or are cooperating with an ongoing law enforcement
investigation, or that we believe in good faith that disclosure of personal
data is necessary to prevent physical harm or financial loss, to report
suspected illegal activity or investigate violations of our User Agreement;
• Other third parties with your consent or direction to do so. In cases where
our company and a partner jointly promote our services, we may disclose to the
partner certain personal data such as name, address and username of the persons
who have signed up for our services as a result of the joint promotion
for the sole purpose of allowing us and the partner to evaluate the results of
the promotion. In this case, the personal data cannot be used by the partner
for any other purpose. Safety UP will not sell or rent any of your personal
data to third parties and only shares your personal data with third parties as
described in this Notice.
• If you sign up for any of
our information products or services directly on a third-party website or
through a third-party application, any data you enter on that website or
application (and not directly on our website) will be shared with the owner of
that website or application – and the processing of your data will be subject
to their Privacy Notice.
• In the case of authorization
to include your group phone number in the WhatsApp application, it is expressly
stated and clarified that said application (“WhatsApp”) is controlled
by Facebook Serviços Online do Brasil LTDA., and it is an intrinsic feature of
said application that, from the inclusion of a telephone number in a message
group, the telephone number and personal identification (name and photograph)
used by the user in that same application become accessible available to other
users who are also members of the same group, community or similar. This
consent may be revoked at any time through the contact method available in this
notice, and it is certain that the revocation will result in the exclusion of
the holder from the referred application group.
9.1. Embedded media
from other websites.
Articles
on this site may include embedded content, such as videos, images, articles,
etc. Embedded content from other websites behaves in exactly the same way as if
you were visiting the other website. These websites may collect data about you,
use cookies, embed additional third-party tracking, and monitor your
interaction with this embedded content.
10. International
Transfers
We use some
products or services (or parts of them) that are hosted outside of Brazil,
which means we may transfer any information sent to us by you to abroad. This
occurs due to the need for personal data storage in the cloud, where servers
may be located in other countries.
11. What are the consequences of not providing your data?
You are not
required to provide your personal data to us. However, as this data is
necessary for the contract you have with us to be performed, for our
communication or any other specific purpose informed, we will not be able to
carry out these operations without your data. In the same sense in relation to
the exercise of your rights provided for in the LGPD. In other words, if you do
not provide the personal data necessary to confirm your identity, we will not
be able to respond to your request.
12. Right to make a complaint to the National Authority
We will
only treat your personal data in accordance with this Privacy Notice and in
accordance with the LGPD. If, however, you wish to make a complaint about our
processing activities in relation to your personal data, you have the right to
lodge a complaint (see section What are your rights?) before the National
Authority.
13. Changes to this Privacy Notice
This
Notice may be revised at any time, in order to keep it current in relation to
applicable legislation and the company’s own organization. Therefore, we
recommend that you check this document periodically and check the date of the
last update.