1. General Information
This present Privacy Policy has information regarding the way we treat, total or partial, on automized way or not, the personal data of users which access our website. Our goal is to clarify the ones interested about the types of data that are collected, the reasons for it to be collect and the way or users can use, manage or exclude that information.
This Privacy Policy can be updated in consequence of eventual normative updates, reason why we invite the user to consult this section periodically.
2. Users Right
The website compromises to fulfill all normative foreseen at GERPPD, respecting the following principles:
- User's personal data will be processed on legal means, loyal and transparent (lawfulness, loyalty, and transparency);
- User's personal data will be collected only for the determined purpose, explicit and legitimate, it can?t be treated afterward for any means incompatible with those (limitations of purposes);
- User's personal data will be collected in a proper way, relevant and limited to the purpose necessities which it will be processed (data minimization);
- User's personal data will be accurate and update every time it is necessary so that inaccurate data are erased or rectified when possible (accuracy);
- User's personal data will be conserved on a way which allows identification of data holders only while the necessary period to the purpose which they were treated (limit of conservation);
- User's personal data will be treated on safe manner, protected of treatment non-authorized or illegal and against its loss, destruction or accidental damage, adopting the technical measures or organizational appropriated (integrity and confidentiality).
The website user has the following rights, conferred by the Personal Data Protection Law and by GERPPD:
- Confirmation and access right: it is the user right to obtain from the website the confirmation that the personal data, which refer to them, are or are not object of treatment and, if it is the case, the right to access their personal data;
- Rectifying right: it is the user right to obtain from the website, without unjustified delay, the rectification of inaccurate personal data, which refer to them;
- Data elimination right (right to be forget): It is the user right to have their data erased from the website;
- Data treatment limitation right: it is the user right to limit the personal data treatment, it can be obtained when the accuracy of data is contested, when the treatment is illegal, when the website doesn?t need the data anymore to its purposes and when it has been exposed to data treatment and in cases of unnecessary data treatment;
- Opposition right: it is the user right to, at any time, oppose for reasons related with a particular situation, to the personal data treatment referring to them, being able to oppose yet to the use for their personal data for the definition of marketing profile (profiling);
- Data portability right: it is the user right to receive the personal data which refer to them and was sent to the website, on a structured form, of current use and automatic reading, and the right to transmit to other website;
- Non-automatic decision submission right: It is the user right of not being subjected to no decision made exclusively based on automatized treatment, including the profile definition (profiling), which produces effects on legal matters or the significantly affects on a similar way.
The user can exercise their right by written communication means, sent to the website with the title ?GERPPD-www.embforlife.com?, specifying:
- Full name or company name, social security number, IVA number, the email address of the user and, if it is the case, of its representative;
- Right you want to exercise on the website;
- Order date and user signature;
- All documents that can demonstrate or justify the right use.
The request must be sent to the email: [email protected], or by mail, to the following address:
Embforlife Inc
1101 Brickell Ave Tower 8th Floor
Miami, FL 33131, USA
The user will be informed in case of rectification of the elimination of their data.
3. The obligation of not offering third part data
While using the website, in order to safeguard and protect the third part right, the website user must offer only their own personal data, and not from a third part.
4. Collect Information
The data collect of the user will happen under compliance with what is written on this Privacy Policy and will depend on the consent of the user, which is only dispensable the hypothesis described on art 11, item II, of Personal Data Protection Law.
4.1. Type of data collect
4.1.1. Identification data of the user to the registration
The use, by the user, of determined functionalities of the website will depend of the registration, being that, in those cases, the following user data will be collect and store:
-name
-birth date
-email address
-postal code
-social network details
-phone number
-data related to the embroidery machines.
4.1.2. Data informed on the contact form
The data, eventually, informed by the user using the contact form available at the website, including the content of the sent message, will be collect and store.
4.1.3. Data related to the execution of sign agreements with the user
To the execution of a purchase and sell agreement or service provision, eventually firmed between the website and the user, can collect and store other data related or necessary to its executions, including the content or eventual communications with the user.
4.1.4. Access records
To attend the necessities of art 15, caput and paragraphs of the Brazilian Federal Lay 12.965/2014 (Internet Civil Framework), the user access records will be collected and stored for, at least six months.
4.1.5. Newsletter
The email address registered by the user which opts for subscribing to our Newsletter will be collected and stored until the user ask otherwise.
4.1.6. Sensitive data
It will not be collected users? sensitive data, which are defined by art 9 and 10 of GERPPD and at art 11 and at the following of the Personal Data Protection Law. Therefore, among others, it will not happen the collection of the following data:
- data that reveals racial and ethnical origin, political opinions, religious convictions or philosophical, or users? union membership;
- genetic data;
-biometric data to identify a person unambiguously;
-data related to the user health;
-data related to the sexual life or sexual orientation of the user;
-data related to legal convictions, or to infractions, or related security measures;
4.1.7. Data collection not expressly provided
Eventually, other type of data not expressed provided on this Privacy Policy can be collected, whereas it is offered with the consent of the user, or, yet, which the collection are allowed or imposed by law.
4.2. Legal basis for personal data processing
While using the website services, the user is consenting with this Privacy Policy.
The user has the right to retract their consent at aby moment, not compromising the lawfulness of the personal data treatment before the retraction. The consent retraction can be done by email: [email protected], or by mail sending it to the following address:
1101 Brickell Ave Tower 8th Floor
Miami, FL 33131, USA
The consent of a relatively or absolutely incapable person, especially children under 16 (sixteen) years old, only can have effect, respectively, if properly assisted or represented.
It can, also, be collected the personal data needed to the execution and fulfillment of the hired services by the user on the website.
The personal data treatment without consent of the user will only happen for reasons of legitimate interest or under the hypothesis written at the law, that is, among others, the following:
- to the fulfill of legal or regulatory obligations by the controller;
-to the execution of studies by research institutions, guaranteed whenever possible, the anonymization of personal data;
-when necessary to the agreements execution or previous procedures related to the agreement which the user is part of, on the request of the data holder;
-to the regular exercise of the right on legal, administrative or arbitral process, the last one within the Law no. 9.307, of 23rd of September of 1996 (Brazil?s Arbitration Law) terms;
-to the protection of life or physical safety of the data holder or a third part;
-to health protection, on procedures made by professionals of health care field or sanitary entities;
-when necessary, to attend the legitimate interests of the holder or a third part, except in cases where prevails rights and fundamental freedom of the data holder which demand the personal data protection;
-to the credit protection, including related to the disposed at the pertinent legislation.
4.3. Personal data processing purposes
Personal data of the user, collected by the website are intended to facilitate, streamline and fulfill the commitments established with the user and to enforce requests made by filling out forms.
Personal data may also be used for commercial purposes, to personalize the content offered to the user, as well as to subsidize the website to improve the quality and function of its services.
The website collects user data so that profiling can be performed, that is, automated treatment of personal data that consists of using this data to evaluate certain personal aspects of the user, mainly to analyze or predict characteristics related to their professional performance, economic situation, health, personal preferences, interests, reliability, behavior, location or displacement.
The registration data will be used to allow the user access certain contents of the site, exclusive for registered users.
The collection of data related to or necessary for the execution of a purchase and sale or service provision agreement, eventually signed with the user, will have the purpose of providing the parties with legal certainty, in addition to facilitate and enable the conclusion of the deal.
The processing of personal data for purposes not provided in this Privacy Policy will only occur upon prior notification to the user, and in any case, the rights and obligations provided herein will remain applicable.
4.4. Personal data retention period
The user's personal data will be kept for a period not exceeding the one required to fulfill the purposes for which they are processed.
The data retention period is defined according to the following criteria:
The data will be stored as long as the customer keeps his registration active. Until it requests the cancellation of the same.
The personal data of users can only be kept after the end of their treatment in the following cases:
- to the fulfill of legal or regulatory obligations by the controller;
-for the study by research institutions, guaranteed whenever possible, the anonymity of personal data;
-to a third part transfer, whereas it is respected the requirements of data treatment described on the law;
-to the exclusive use of the controller, being prohibit its access for a third part and if the data are anonymized.
4.5. Recipients and transfer of personal data
The user's personal data may be shared with the following people or companies:
Google Analytics, Ecentry, Criteo, Google Ads, Facebook
The transfer can only be made to another country if the country or territory in question or the international organization concerned ensures an adequate level of protection of user data.
If there is no adequate level of protection, the website is committed to ensuring the protection of your data in accordance with the most stringent rules, through specific contractual clauses for a specific transfer, standard contractual clauses, global corporate rules or stamps, certificates and codes of conduct regularly issued.
5. Of the personal data treatment
5.1. Of the responsible by the data treatment (data controller)
The controller, responsible for the processing of the user's personal data, is a natural or legal person, a public authority, an agency or other body that, individually or in conjunction with others, determines the purposes and means of processing personal data.
On this site, the person responsible for processing the personal data collected is Embforlife, represented by Gickson de Oliveira, who can be contacted by e-mail: [email protected]
The person responsible for processing the data will be directly responsible for the treatment of the user's personal data.
5.2. Of the data protection commissionaire (data protection officer)
The data protection officer is the professional in charge of informing, advising and controlling the data controller, as well as the workers who process the data, regarding the obligations of the site under the terms of GERPPD, the Personal Data Protection Law and other data protection provisions in Brazilian and international law, in cooperation with the competent supervisory authority.
On this website, the data protection officer is Gickson de Oliveira, who can be contacted by e-mail: [email protected].
6. Safety of the user personal data treatment
The website undertakes to apply technical and organizational measures to protect personal data from unauthorized access and situations of destruction, loss, alteration, communication or dissemination of such data.
To guarantee security, solutions will be adopted which consider: the appropriate techniques; application costs; the nature, scope, context and purposes of the treatment; and the risks to the user's rights and freedoms.
The website uses SSL (Secure Socket Layer) certificate, which guarantees that personal data is transmitted in a safe and confidential way, so that the data transmission between the server and the user, and back, occurs in a totally hidden or in an encrypted way.
However, the website disclaims liability for the sole fault of a third party, such as in the event of a hacker or cracker attack, or the exclusive fault of the user, such as in the case where on their own transfers data to a third party. The website also undertakes to notify the user in due time if there is any breach of the security of your personal data that may cause you a high risk to your personal rights and freedoms.
The breach of personal data is a security breach 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.
Finally, the website undertakes to treat the user's personal data with confidentiality, within the legal limits.
7. Browser data (cookies)
Cookies are small text files sent by the website to the user's computer and which are stored there, with information related to the website's browsing.
Through cookies, small amounts of information are stored by the user's browser so that our server can read them later. For example, data about the device used by the user, as well as their location and time of access to the website, can be stored.
Cookies do not allow any files or information to be extracted from the user's hard drive, and it is not yet possible, through them, to have access to personal information that has not come from the user or the way they use the website's resources.
It is important to note that not all cookies contain information that allows the user to be identified, and certain types of cookies can be used simply for the website to be loaded correctly or for its functionality to work as expected.
The information eventually stored in cookies to identify a user is considered personal data. Accordingly, all rules provided in this Privacy Policy are also applicable to them.
7.1. Website cookies
The website cookies are those sent to the user and administrator's computer or device exclusively by the website.
The information collected through these cookies is used to improve and personalize the user experience, and some cookies can, for example, be used to remember the user's preferences and choices, as well as to offer personalized content.
7.2. Third part cookies
Some of our partners may set cookies on the devices of users who access our website.
These cookies, in general, aim to enable our partners to offer their content and services to the user who accesses our website in a personalized way, by obtaining navigation data extracted from their interaction with the website.
The user will be able to obtain more information about third party cookies and about the way the data obtained from it is treated, in addition to accessing the description of the cookies used and their characteristics, by accessing the following link:
Google Analytics, Facebook, Google Ads
The entities in charge of collecting cookies may transfer the information obtained to third parties.
7.3. Social network cookies
The website uses social media plugins, which allow you to access them from it. Thus, in doing so, the cookies used by them may be stored in the user's browser.
Each social network has its own privacy and personal data protection policy, with individuals or companies that hold them responsible for the data collected and the privacy practices adopted.
The user can search, along with social networks, information about how they treat personal data. For information, we provide the following links, from which the privacy and cookie policies adopted by some of the main social networks can be consulted:
Facebook: https://www.facebook.com/policies/cookies/
Twitter: https://twitter.com/pt/privacy
Instagram: https://help.instagram.com/1896641480634370?ref=ig
Youtube: https://policies.google.com/privacy?hl=pt-BR&gl=pt
Google+: https://policies.google.com/technologies/cookies?hl=pt
Pinterest: https://policy.pinterest.com/pt-br/privacy-policy
LinkedIn: https://www.linkedin.com/legal/cookie-policy?trk=hp-cookies
7.4. Cookies management and browser setting
The user will be able to oppose the registration of cookies by the website, just by deactivating this option in their own browser or device.
The deactivation of cookies, however, can affect the availability of some tools and functionalities of the website, compromising its correct and expected functioning. Another possible consequence is the removal of user preferences that may have been saved, damaging their experience.
The following are some links to help and support pages of the most used browsers, which can be accessed by the user interested in obtaining more information about the management of cookies in their browser:
Internet Explorer:
https://support.microsoft.com/pt-br/help/17442/windows-internet-explorer-delete-manage-cookies
Safari:
https://support.apple.com/pt-br/guide/safari/sfri11471/mac
Google Chrome:
https://support.google.com/chrome/answer/95647?hl=pt-BR&hlrm=pt
Mozila Firefox:
https://support.mozilla.org/pt-BR/kb/ative-e-desative-os-cookies-que-os-sites-usam
Opera:
https://www.opera.com/help/tutorials/security/privacy/
8. Complaint to a supervisory authority
Without prejudice to any other administrative or legal solution, all data subjects are entitled to file a complaint with a supervisory authority. The complaint may be made to the authority of the website's headquarters, the user's country of habitual residence, his place of work or the place where the infraction was allegedly committed.
9. Of modifications
The version of this Privacy Policy was last updated on: 04/22/2020.
The editor reserves the right to modify the present rules at any time, especially to adapt them to the developments on the Embforlife website, either by making new features available, or by suppressing or modifying existing ones.
The user will be explicitly notified if this policy changes.
When using the service after any modifications, the user demonstrates his agreement with the new standards. If you disagree with any of the changes, you must immediately request the cancellation of your account and submit your reservation to the customer service, if you wish so.
10. Of the applicable law and jurisdiction
In order to resolve disputes arising from this instrument, Brazilian law will be fully applied.
Any disputes should be presented in the jurisdiction of the district where the site editor is located.
