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Privacy Polices HintUP®

Updated: 01/29/2021
These Privacy Policies apply to the services provided by the legal entity SB PASTRO TECNOLOGIA DA INFORMACAO LTDA, duly registered under CNPJ No. 36.608.531/0001-09, headquartered at Av. Paulista, No. 807, São Paulo /SP, hereinafter referred to as HINTUP.
When deciding to use the services offered by HINTUP, the customer automatically AGREES AND ACCEPTS these Privacy Policies and is aware of all the clauses listed here.
It is important that you check the Privacy Policy frequently for updates. We may update this Privacy Policy from time to time to reflect changes to our service-related personal data practices or changes in applicable laws.
We will post a notice on our website to notify you in advance of important changes to our privacy policy and will indicate at the top of the Privacy Policy when it was last modified
1 OF GENERAL INFORMATION
1.1 This Privacy Policy ("Policy") is intended to inform you, the user of the HINTUP website, about what information is collected, as well as how it is treated, in which situations it is shared and when it is excluded, in compliance with the LGPD (General Data Protection Law), Law No. 13.709, of August 14, 2018, whose new wording came into force through Law No. 13.853/19, in addition to Federal Law No. 12.965 of April 23, 2014 (Marco Civil da Internet) and with EU Regulation No. 2016/679 of 27 April 2016 (European General Regulation for the Protection of Personal Data - RGPD).
1.2 The acceptance of this Privacy Policy will occur when you use the services offered by the HINTUP website, expressing free, express and informed consent. Do not use the site if you do not agree with this Privacy Policy or
any other agreement governing the use of the site. If you have any questions, please contact us through the channels on the HINTUP website.
2 USER RIGHTS
2.1 Those responsible for the website undertake to comply with the standards provided for in the LGPD, in respect of the following principles:
a) Lawfulness, loyalty and transparency: the user's personal data will be processed in a lawful, fair and transparent manner.
b) Purpose limitation: the user's personal data will only be collected for specific, explicit and legitimate purposes, and may not be further processed in a way that is incompatible with those purposes.
c) Data minimization: the user's personal data will be collected in an appropriate, relevant and limited way to the needs of the purpose for which they are processed.
d) Accuracy: the user's personal data will be exact and updated whenever necessary, so that those considered inaccurate are erased or rectified when possible.
e) Limitation of conservation: The user's personal data will be kept in a way that allows the identification of its holders only for the period necessary according to the purposes for which they are processed.
f) Integrity and confidentiality: the user's personal data will be treated securely, protected from unauthorized or unlawful interventions and against accidental loss, destruction or damage, adopting the appropriate technical or organizational measures.
2.2 The website user has the following rights, granted by the Personal Data Protection Law and by the RGPD:
a) Right of confirmation and access: it is the user's right to obtain from the website confirmation that personal data concerning him or her are or are not the object of processing and, if this is the case, the right to access their personal data ;
b) Right of rectification: it is the user's right to obtain from the website, without undue delay, the rectification of inaccurate personal data concerning him;
c) Right to data deletion (right to oblivion): it is the user's right to have their data deleted;
d) Right to limit the processing of data: it is the user's right to limit the processing of their personal data, being able to obtain it when they dispute the accuracy of the information, when the processing is unlawful, when the website no longer needs the data to the proposed purposes, when you have opposed the processing of data and in case of unnecessary data processing;
e) Right of opposition: it is the user's right, at any time, to object to the processing of personal data concerning him for reasons related to his particular situation, and may also object to the use of his personal data for profile definition marketing (profiling);
f) Right of data portability: it is the user's right to receive the personal data concerning him/her that he/she has provided to the company, in a structured format, of current use and automatic reading, and the right to transmit this data to others companies;
g) Right not to be subjected to automated decisions: it is the diright of the user not to be subject to any decision taken solely on the basis of automated processing, including profiling, which has effects in its legal sphere or which significantly affects it in a similar way.
2.3 The user may exercise his rights by means of a written communication sent to the company with the subject "LGPD", specifying:
a) Full name or company name, CPF number (Individual Taxpayer Registry, Federal Revenue of Brazil) or CNPJ (National Legal Entity Registry, Federal Revenue Service of Brazil) and e-mail address of the user and, if the case, of your representative,
b) Right you want to exercise with the company,
c) Date of order and user signature,
d) Any document that can demonstrate or justify the exercise of their right.
e) The user will be informed in case of rectification or deletion of their data.
3 DUTY NOT TO PROVIDE THIRD PARTY DATA
3.1 During the use of the website, in order to safeguard and protect the rights of third parties, the user must provide only their personal data, not those of third parties.
4 INFORMATION COLLECTED
4.1 The collection of user data will be in accordance with the provisions of this Privacy Policy and will depend on the user's consent, which is dispensable only in the cases provided for in art.11, item II, of the Personal Data Protection Law.
4.1.1 Types of data collected
4.1.1.1 User identification data for registration
The use of some services on the website by the user will depend on registration, and in these cases, the following data may, depending on the case, be collected and stored: Name, CPF, telephone, e-mail and date of birth, for example. In addition, credit card data will be collected when this is the means used to pay for plans within the website.
The collection of said data serves to enable the registration of the customer on the platform, thus enabling the sale of products and providing greater security for customers, not being used for any purpose other than this. In addition, if desired, the user can choose to receive emails of promotions that may be launched or news about the services offered. The cancellation of receiving e-mails can be done at any time by the user.
4.1.1.2 Data entered in the contact form
Any data eventually informed by the user in the contract area, including the content of the message sent, will be collected and stored.
4.1.1.3 Data related to the execution of contracts signed with the user
For the execution of the purchase and sale contract eventually signed by us with the user from the website, other data related or necessary to its execution may be collected and stored, including the content of any communications with the user.
4.1.1.4 Access records
In compliance with the provisions of art. 15, caput and paragraphs, of Federal Law No. 12.965/2014 (Marco Civil da Internet), user access records will be collected and stored for at least six months.
4.1.1.5. sensitive data
Sensitive data from users will not be collected, thus understood as those defined in arts. 9 and 10 of the RGPD and in arts. 11 et seq. of the Personal Data Protection Act. Thus, among others, the following information will not be collected: Data that reveal racial or ethnic origin, political opinions, religious or philosophical beliefs, or the user's union membership, genetic data, biometric data to unequivocally identify a person , data relating to the user's health, data relating to the user's sexual life or sexual orientation, data relating to criminal convictions or offenses or related security measures.
4.1.1.6 Collection of data not expressly provided
Occasionally, other types of data not expressly provided for in this Privacy Policy may be collected, provided they are provided with the user's consent, or even if the collection is permitted or imposed by law.
4.1.2 Legal basis for the processing of personal data
By using the website, the user is consenting to this Privacy Policy. The user has the right to withdraw his consent at any time, without compromising the lawfulness of the processing of his personal data before the withdrawal. The withdrawal of consent can be done through the contract channels present on the HINTUP website. The consent of the relatively or absolutely incapable, especially of children under 16 (sixteen) years old, can only be done, respectively, if properly assisted or represented.
Personal data necessary for the execution and fulfillment of the services contracted by the user may also be collected. The processing of personal data without the user's consent will only be carried out due to legitimate interest or for the cases provided for by law, that is, amongothers, as follows:
• For compliance with a legal or regulatory obligation by the controller;
• To carry out studies by a research body, ensuring, whenever possible, the anonymization of personal data;
• When necessary for the execution of a contract or preliminary procedures related to a contract to which the user is a party, at the request of the data subject;
• For the regular exercise of rights in judicial, administrative or arbitration proceedings, the latter pursuant to Law No. 9,307, of September 23, 1996 (Arbitration Law);
• For the protection of the life or physical safety of the data subject or third parties;
• For the protection of health, in a procedure carried out by health professionals or health entities;
• When necessary to meet the legitimate interests of the controller or third parties, except where fundamental rights and freedoms of the holder that require the protection of personal data prevail;
• For credit protection, including the provisions of relevant legislation.
4.1.3 Purposes of processing personal data
The personal data collected by the company are intended to facilitate, streamline and fulfill the commitments established with the user and enforce requests made by filling out forms. They can also be used for a commercial purpose, to personalize the content offered to the user, as well as to support the company in order to improve the quality and functioning of its services.
The registration data will be used to allow the user to access the services offered by HINTUP in order to provide the parties with legal security, in addition to facilitating and enabling the conclusion of the deal.
The processing of personal data for purposes not provided for in this Privacy Policy will only occur upon prior notice to the user, and, in any case, the rights and obligations set forth herein will remain applicable.
4.1.4 Period of retention of personal data
User's personal data will be kept for a period no longer than required to fulfill the purposes for which they are processed. The data retention period is defined according to the following criteria:
a) Data will be stored for the time necessary to provide the services provided by HINTUP, which may vary according to the frequency of use of the service by the user.
The users' personal data can only be saved after the end of their treatment in the following cases:
a) In order to comply with a legal or regulatory obligation by the controller,
b) For study by a research body, guaranteed, whenever possible, the anonymization of personal data;
c) For transfer to a third party, provided that the data processing requirements laid down in the legislation are respected;
d) For the exclusive use of the controller, its access by a third party is prohibited, and provided that the data is anonymized.
4.15. Recipients and transfer of personal data
User's personal data will not be shared with third parties. Therefore, they will only be handled by HINTUP.
5 SECURITY IN THE PROCESSING OF THE USER'S PERSONAL DATA
5.1 We undertake to apply technical and organizational measures to protect personal data from unauthorized access and from situations of destruction, loss, alteration, communication or dissemination of such data. To guarantee security, solutions will be adopted that take into account: adequate techniques, application costs, the nature, scope, context and purposes of the treatment and the risks to the user's rights and freedoms.
5.2 All data on the HINTUP website are hosted in virtual structures that follow all the security standards of a Data Center, which guarantees that personal data is transmitted in a secure and confidential manner.
5.3 However, we are exempt from liability for the sole fault of third parties, such as in case of attack by hackers or crackers, or the sole fault of the user, as in the case where he himself transfers his data to a third party. We are also committed to informing the user in a timely manner in the event of any type of breach of the security of their personal data that could pose a high risk to their personal rights and freedoms.
5.4 A breach of personal data security is one that causes, accidentally or unlawfully, the destruction, loss, alteration, disclosure or unauthorized access to personal data transmitted, stored or subject to any other type of treatment.
5.5 Finally, we undertake to treat the user's personal data with confidentiality, within legal limits.
6 CLAIM TO A CONTROL AUTHORITY
6.1 Without prejudice to any other means of administrative or judicial recourse, all data subjects are entitled to file a complaint with a supervisory authority. The complaint may be made to the authority of thethe registered office of the company, the user's country of habitual residence, the place of employment or the place where the alleged offense was committed.
7 NAVIGATION DATA (COOKIES)
7.1 User, as of this agreement, expressly authorizes the website to use resources, such as, but not limited to, “cookies” in order to offer a better and more personalized service.
7.2 Cookie represents a small amount of data, usually including an anonymous unique identifier, sent to you by a website and stored on your computer's disk.
7.3 The User can configure his browser to accept all cookies, reject them or be notified when a cookie is sent.
7.4 As each browser does this differently, check your browser's constant help tool to learn how to modify your cookie preferences.
7.5 The cookies used by HINTUP concern information about the purchase and sale of products or information about the company that are provided on the website.
7.6 ATTENTION: If the User chooses to reject all cookies in their browser, they will not be able to use all the features and services offered by the website. The website uses its own cookies for a number of purposes, including:
a) Check your information when accessing, in order to have personalized content;
b) Display advertisements aimed at your profile;
c) Estimate internet user traffic;
d) Conduct research to improve the website's content and services;
e) Advertisers or other companies do not have access to the site's cookies.
8 OF THE EXTERNAL LINKS
8.1 The HINTUP website may contain external links redirecting the user to other internet pages, over which the company has no control. Despite prior and regular checks carried out by the company, it disclaims any responsibility for the content found on these sites and the services offered by it.
8.2 External links basically refer to channels that HINTUP has on social networks such as WhatsApp, YouTube, Instagram and Facebook.
8.2 Access to websites linked to such links is not governed by these privacy policies. HINTUP recommends that the User consult the terms and conditions of use established by each website linked to the links inserted on the Website. HINTUP will not be liable, directly or indirectly, for any damages or losses caused by or related to the use of any information, content, goods or services made available on the Site or on any third-party site accessed through the links made available on the Site.
9 OF THE AMENDMENTS
9.1 This version of this Privacy Policy was last updated on: 01/29/2021.
9.2 The company reserves the right to modify, at any time and without prior notice, these rules, especially to adapt them to the evolution of the service offered, either by making new features available, or by suppressing or modifying existing ones or still to meet the evolution of the current legislation.
9.3 Therefore, we invite the user to periodically consult this page to check for updates.
9.4 By using the service after any changes, the user demonstrates their agreement with the new standards. If you disagree with any of the changes, you must immediately request the cancellation of your account and present your reservation to the customer service, if you so wish.
10 OF THE JURISDICTION OF ELECTION
10.1 The courts of the City of São Paulo, State of São Paulo, are elected, to resolve any doubts and resolve conflicts arising from this contract, with waiver of any
another, however privileged it may be, except for users who fall within the legal concept of consumer and opt for the legal prerogative.
11 OF THE FINAL PROVISIONS
11.1 This Agreement will be governed by the laws of Brazil and complies with the Brazilian legal system, the general principles of law and international standards of electronic commerce.
11.2 If the User does not agree with a certain clause of this Agreement, and obtains its nullity in court, the other provisions will not be harmed and will remain in force.
BY USING OUR SERVICES YOU AGREE THAT YOU HAVE READ AND UNDERSTAND HINTUP'S PRIVACY POLICIES AND ARE AWARE OF THEIR ENTIRE CONTENT AND ACCEPT THEIR CONDITIONS.

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