Privacy Policy

1. How to contact us

Contact us if you have any questions about our Privacy Policy or information we hold about you: E-mail: contato@kinbox.com.br

2. Who are we?

Kinbox, Aldeia Software Ltda, is a company from Fortaleza - CE, Rua Irmã Bazet 760, bl-c 201, and its affiliates and subsidiaries (collectively, the “Company” or “we”) are committed to protecting the privacy of your personal data (as defined below)

3. Purpose and scope of this policy

This Privacy Policy (the "Policy") describes how the Company collects, uses, shares and protects the Personal Data of visitors and subscribers of the Kinbox Service. It also describes your choices regarding the use, access and correction of your Personal Data. Capitalized terms used in this Policy but not defined here shall have the same meaning assigned to them in the Company's Terms and Conditions (https://www.kinbox.com.br/terms/) (the “Terms”), and your use of the Kinbox Service is always subject to the Terms.

For the purposes of the Policy, Personal Data means any information that identifies or relates to a particular individual and also includes information referred to as "personally identifiable” or “personal information” in accordance with applicable data privacy laws, rules or regulations, including the LGPD (Brazilian General Data Protection Law).

4. Notice to the subscriber's data subject

If a Subscriber uses the Kinbox Service to interact with other individuals, such as the Subscriber's customers or potential customers (the "Subscriber's Data Subject"), the Subscriber is solely responsible for ensuring compliance with all applicable laws in connection with the collection and/or processing of Personal Data of the Subscriber's Data Subject. If you are the Data Subject of a Subscriber, please note that the Company has no relationship with you and its only relationship is with the Subscriber with whom you may interact. For any questions about the collection of your personal data, or to change it, or for any other purpose, you should contact the Subscriber.

5. Notice to subscribers

The Company does not collect or determine the use of any Personal Data of the Owners of the Subscribers' Personal Data, nor the purpose for which such data is collected by the Subscriber, how such data is collected and how it is used. The Company does not act as a data controller as defined in the Lei Geral de Proteção de Dados (LGPD - Brazilian General Data Protection Law) and has no responsibility under these statutes associated with a data controller. To the extent that the Company processes the data of any Subscriber, it shall be considered only as a processor / service provider on behalf of the Subscriber with respect to any Personal Data subject to the requirements of the LGPD. Please note that, in accordance with the LGPD, you are considered a data controller in relation to the Subscriber's Data Subject and, as such, must comply with the requirements of the LGPD.

6. Compliance with Privacy Shield

The company certifies that it is in compliance with the EU-US. Privacy Shield Framework set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal data, information of individuals in the EU and Switzerland. The Company has certified that it adheres to the Privacy Shield Principles (the “Principles”) of notice, choice, accountability for onward transfer, security, data integrity, purpose limitation, access and recourse, enforcement and liability. The Company further certifies that it complies with the Principles of 1) Notice; 2) Choice; 3) Accountability for onward transfer; 4) Security; 5) Data integrity and purpose limitation; 6) Access and 7) Recourse, enforcement and liability.

If there is any conflict between the terms of this Privacy Policy and the Principles, the Principles will prevail. To learn more about the Privacy Shield program and to view our certification, visit https://www.privacyshield.gov. The U.S. Federal Trade Commission has jurisdiction over the Company's compliance with the Privacy Shield

In compliance with the Principles, the Company undertakes to resolve complaints about the collection or use of your personal information. EU and Swiss individuals with questions or complaints about our Privacy Shield policy should first contact the company at contato@kinbox.com.br or the data protection officer at info@quick-gdpr.co.uk. The company has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely confirmation of your complaint, or if we do not resolve your complaint satisfactorily, contact or visit https://www.jamsadr.com/eu-us-privacy-shield/ for more information or to file a complaint. JAMS services are provided at no cost to you.

Under certain conditions, described in more detail on the Privacy Shield website at https://www.privacyshield.gov/article?id=ANNEX-I-introduction, an individual may invoke binding arbitration when other dispute resolution procedures have been exhausted, and the Company may be held liable for improper transfers to third parties of information received in accordance with the Privacy Shield.

Any questions, comments or complaints about the data practices of one of the clients or partners, including subscribers, for whom we may process data, should be directed to that client or partner.

7. Collection of personal data

We may collect, use, store and transfer different categories of personal data about you. We collect Personal Data about you:

(i) When you provide such information directly to us and when your personal data is collected automatically in connection with the use of the Kinbox Service.

(ii) Through our subsidiaries and affiliates (together, "Affiliates"), when they provide us with Personal Data about you. We only collect "sensitive” personal information when you voluntarily provide it to us or where we collect it and such information is required or permitted by law or professional standards. Confidential information includes personal information about race, ethnicity, politics, philosophical religion or similar beliefs, trade union membership, physical or mental health, sex life, sexual orientation or criminal record. Please use your discretion when providing confidential information to the Company and, under any circumstances, do not provide confidential information to the Company unless you agree to the use of such information for legitimate business purposes and consent to the transfer and storage of such information in the Company's database. If you have any questions about whether providing confidential information to the Company is, or may be, necessary or appropriate for specific purposes, contact us at contato@kinbox.com.br. We use different methods to collect personal data about you, including:

(i) Direct interactions. Personal data may be collected when you establish a user account to use the Kinbox service, correspond with us and with our website or otherwise, or inquire about our service offerings.

(ii) Automated technologies or interactions. A primary source of non-personally identifiable information includes anonymous browser information when you are using our sites, where this cannot be linked to other personal data. Site log files and third-party scripts collect information that may include IP addresses, browser type, Internet Service Provider (ISP), referring / exit pages, pages viewed, date and time stamps and other similar information. We use these log files and third-party scripts to help us analyze site traffic and usage patterns, understand audiences, as well as improve our sites and services.

8. Third-party payment processing

When you make purchases through the Kinbox service, we process your payments through a third-party payment processor. In these cases, the third-party processor may collect certain financial information from you to process a payment on our behalf, including your name, email address, address and other billing information. In this case, the use and retention of your Personal Data are governed by the terms of use and privacy policy of such third-party payment processor. Our handling of any Personal Data we receive from a third-party payment processor is subject to this Privacy Policy.

9. Processing of personal data

We process your personal data as a controller for the following purposes:

(i) Use of the Kinbox Service and its features (“Contractual Purposes”);

(ii) Registration in the Kinbox Service through the creation of an account (“Contractual purposes”);

(iii) With your prior consent, sending information, promotional and advertising material, such as newsletters (“Marketing Purposes”);

(iv) Complying with the obligations established by applicable laws, rules or regulations and / or responding to requests from public and governmental authorities (“Regulatory Purposes”);

(i) to allow a Subscriber to communicate with the Subscriber's Owners.

10. Legal basis for data processing

The processing of Personal Data for the aforementioned purposes in Section 8 (i), 8 (iv) and 8 (v) is mandatory in the use of the Kinbox Service. The processing of Personal Data for the purposes mentioned in Section 8 (ii) is necessary for the use of services that entail the creation of an account in the Kinbox Service. Failure to provide the Personal Data will make it impossible to access or use these services. The processing of Personal Data for the purposes mentioned in Section 8 (iii) is optional. Lack of consent does not affect the user's use of the Kinbox service, but will result in the company's inability to send you the information that may be of interest to you.

11. Change of purpose

We only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that such reason is compatible with the original purpose. If you wish to receive an explanation of how this processing and its purpose are compatible with the original purpose, contact us at contato@kinbox.com.br. And if we need to use your personal data for an unrelated purpose, we will notify you and explain the legal basis that allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the rules above, where required or permitted by law.

12. Opting Out

You can opt out of communications at any time by clicking the unsubscribe link provided in an email or by sending a request to contato@kinbox.com.br, where you disable the receipt of these marketing messages. This does not mean that we will stop processing your personal data provided to us as a result of any services we provide to you.

13. Disclosure, sharing and onward transfers of personal data

Disclosure of personal data for business purposes

We disclose your personal data to service providers and other parties for the following business purposes: In carrying out internal business operations and to better serve you, we may disclose personal data to third parties that reasonably need to know such data in carrying out a contracted task or for the Company's business purpose, such as the payment and processing of subscriber payments for the Kinbox service through third-party providers.

We may also disclose your personal data to third parties in the following circumstances: (i) As required by law, to comply with a subpoena or similar legal process. To the extent we are legally permitted to do so, we will take commercially reasonable steps to notify you, to the extent that we are required to provide your personal data, customers or business information to third parties as part of a legal process. We may also be required to disclose Personal Data in response to legal requests by public authorities, including national security requests or law enforcement authorities.

(ii) When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud or respond to a written government request.

(iii) If the Company becomes involved in a merger, acquisition or any form of sale of some or all of its assets.

(iv) To any other third party with your prior consent.

(v) When detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for such activity.

(vi) Providing services on our behalf, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, providing financing, providing advertising or marketing services, providing analytics services, or providing similar services on behalf of the company or service provider. We disclose your personal data to the following categories of service providers and other parties, Including:
⎯ Payment processors;
⎯ Marketing service providers;
⎯ Hosting and other technology and communications providers;
⎯ Analytics providers;
⎯ Our affiliates;
⎯ Other parties under your direction;
⎯ Other users (where you post information publicly or as necessary to carry out a transaction initiated or authorized by you through the Services);
⎯ Social media services (if you intentionally interact with them through your use of the Services);
⎯ Third-party business partners that you access through the Kinbox Service;
⎯ Other parties authorized by you. At the time of the last update of the Policy, the specific third-party vendors to whom we disclose your personal data include Zingaya, Inc. Amazon Web Services and Google Group. We may provide an option to access or register for the Kinbox Service through the use of your username and passwords for certain services provided by third parties, such as through the use of your Facebook, LinkedIn or Google account

14. Kinbox websites

Links

Our sites contain links to other sites. Clicking on these links or enabling these connections may allow Third Parties to collect or share data about you. Please be aware that we do not control these sites and are not responsible for the content or privacy practices of these other sites. We encourage our users to be attentive when leaving our sites and to read the privacy policies of any other site they visit. This Policy applies only to information collected by the Company.

Cookies are text files placed on your computer to collect standard internet log information and visitor information, as well as behavioral information. This information is used to track the visitor's use of the site and to create statistical reports on site activity.

You can set your browser not to accept cookies. The sites above tell you how to remove cookies from your browser. Please note that, in some cases, some of the Kinbox service features may not work because of this.

BY ACCESSING OR USING THE KINBOX SERVICE OR BY ENTERING YOUR LOGIN TO ACCESS THE AREAS RESERVED FOR REGISTERED USERS, YOU AGREE THAT WE, OR A THIRD PARTY ACTING ON OUR BEHALF, MAY PLACE THESE COOKIES ON YOUR COMPUTER OR INTERNET-ENABLED DEVICE.

Usage analysis

We use several third-party usage analytics tools, including Google Analytics. More Information about how Google Analytics is used by the company can be found here: http://www.google.com/analytics/learn/privacy.html. To provide site visitors with more choices about how their data is collected by Google Analytics, Google developed the Google Analytics Opt-out Browser Add-on. The add-on communicates with the Google Analytics JavaScript (ga.js) to indicate that information about the site visit should not be sent to Google Analytics. The Google Analytics Opt-out Browser Add-on does not prevent information from being sent to the Online Services or to other web analytics services.

Web beacons

A web beacon is a small image file on a web page that can be used to collect certain information from your computer, such as an IP address, the time the content was viewed, a browser type and the existence of cookies previously set by the same server. We only use web beacons in accordance with applicable laws. The Company or its service providers may use web beacons to track the effectiveness of the third-party sites that provide us.

15. Security

The security of your personal data is important to us. We follow generally accepted standards to protect the personal information sent to us, both during transmission and after receipt. If we become aware of a breach of the security systems, we will inform you and inform the authorities of the occurrence of the breach in accordance with applicable law.

16. Retention of your personal data

We will only retain your personal data for as long as reasonably necessary to provide our services or to fulfill the purposes for which we collected it, including for the purposes of meeting any legal, regulatory, tax, accounting or reporting requirements. We may retain your Personal Data for a longer period in the event of a complaint or if we believe there is a prospect of litigation in relation to our relationship with you. Subsequently, we retain some information in a depersonalized or aggregated form, but not in a way that personally identifies you. To determine the appropriate retention period for Personal Data, we consider the quantity, nature and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes by other means, and the applicable legal, regulatory, tax, accounting or other requirements.

17. Personal data of children

This site is not intended for children under 16 years of age and we do not intentionally collect data relating to children. If you are a child under 16 years of age, do not attempt to register or use the Services or send us any Personal Data. If we discover that we have collected personal data from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age has provided us with Personal Data, contact us at contato@kinbox.com.br .

18. Your rights in relation to personal data

Rights of residents of Brazil

If you are a resident of Brazil, you have the rights described in this section, as defined in the Lei Geral de Proteção de Dados (the “LGPD”, Brazilian General Data Protection Law). See the “Exercising your rights” section for instructions on how to exercise them. If there is any conflict between this section and any other provision of this Privacy Policy and you reside in Brazil, the part that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following applies to you, contact us at contato@kinbox.com.br .

(i) Access. You have the right to request certain information about our collection and use of your personal data over the past 12 months. We will provide you with the following information:
⎯ The categories of personal data we have collected about you.
⎯ The categories of sources from which the Personal Data was collected.
⎯ The commercial or business purpose for collecting or selling your Personal Data.
⎯ The categories of third parties with whom we share your personal data.
⎯ The specific pieces of personal data we have collected about you. If we have disclosed your personal data for business purposes over the past 12 months, we will identify the categories of Personal Data shared with each category of third-party recipient.

If we have disclosed your personal data for business purposes over the past 12 months, we will identify the categories of Personal Data shared with each category of third-party recipient.

Deletion. You have the right to request that we delete the personal data we have collected from you. In accordance with the LGPD, this right is subject to certain exceptions: for example, we may need to retain your personal data to provide you with the services or to complete a transaction or other action you requested. If your deletion request is subject to one of these exceptions, we may deny your deletion request.

(iii) Exercising your rights. To exercise the rights described above, you must send us a request that (1) provides sufficient information to allow us to verify that you are the person about whom we collected Personal Data, (2) describes your request in sufficient detail to allow us to understand, evaluate and respond to it. Each request that meets these two criteria will be considered a “Valid Request”. We may not respond to requests that do not meet these criteria. We will only use the personal data provided in a valid request to verify you and complete your request. You do not need an account to submit a valid request. We will work to respond to your request within 45 days of receipt. We will not charge a fee to make a valid request, unless your valid requests are excessive, repetitive or manifestly unfounded. If we determine that your valid request warrants a fee, we will notify you of the fee and explain that decision before completing your request. You can submit a valid request by sending an email to contato@kinbox.com.br .

(iv) Non-Discrimination. We will not discriminate against you for exercising your rights under the LGPD. We will not deny you our products or services, charge you different prices or rates, or provide you with a lower quality of goods and services if you exercise your rights under the LGPD. However, we may have different levels of services, as permitted by applicable data privacy laws (including the LGPD) such as varying prices, rates or quality levels of the goods or services you receive in relation to the value of the Personal Data we receive from you.

19. Changes to this privacy policy and your duty to inform us of changes

This Privacy Policy may be changed from time to time, in accordance with
1) LGPD Privacy Protection Principles
2) Other applicable data protection and privacy laws / principles in the regulation and jurisdictions in which the Company conducts business.
Updates to this Privacy Policy will be posted on our site and will take effect after posting. Your continued use of the Kinbox service constitutes your acceptance of all these changes and amendments. Your only remedy is to cease using the Kinbox service. The use of the information we collect is subject to the Privacy Policy in effect at the time such information is collected.

It is important that the Personal Data we hold about you is accurate and current. Please keep us informed if your Personal Data changes during your relationship with us. To do this, contact us at contato@kinbox.com.br

20. RCS messages

When you authorize RCS messages, Aldeia Software Ltda., the company responsible for Kinbox, processes your phone number, the consent record and the data required to deliver authorized communications.

To provide the service, this data and message content may be processed by Google, mobile network operators and RCS providers according to their roles and applicable policies.

Authorization is optional and may be withdrawn at any time by replying PARAR or STOP. The opt-out must be recorded to stop new messages covered by this authorization.