By means of this instrument, the website grants to all "USERS," that is, those who access and register on the Platform provided, thus beginning to enjoy the services offered through it, full and unequivocal knowledge regarding the rules set forth in this Privacy Policy, as well as regarding the method of information collection and data processing, in accordance with the provisions of Laws No. 12.965/2014 (Marco Civil da Internet) and 13.709/2018 (LGPD), and other conditions established below.
WE RECOMMEND THAT THIS DOCUMENT BE READ CAREFULLY. IT DESCRIBES THE WAY IN WHICH THE PERSONAL INFORMATION PROVIDED BY YOU TO ACCESS OUR WEBSITE AND USE OUR SERVICES IS TREATLED, AS WELL AS THE CONDITIONS OF THE SERVICES THEMSELVES.
By reading the text below and clicking "I have read and accept," you affirm that you know and understand the terms and conditions of this Privacy Policy, agreeing to be bound by its conditions freely and voluntarily.
Article 1. This Privacy Policy shall govern the relationship between: (i) the USER and the website; and (ii) the USER and AdOpt, whenever the USER chooses to be a party to it, as provided for in the AdOpt Platform Terms of Use.
Article 2. It is the USER's sole responsibility to comply with current legislation regarding the protection of personal data of individuals (hereinafter "data subjects", as per article 5, V, LGPD) with whom they have a relationship or may have a relationship in the course of their business activities.
Article 3. The USER declares to be aware that AdOpt is an environment created for information to circulate securely in a restricted environment shared with various other data processing agents (art. 5, IX, LGPD), whose rules must be respected, as well as the privacy and protection preferences of personal data subjects who access their respective websites, applications and platforms, as well as facilitating their internet browsing, or with whom the USER may come into contact with personal data.
Article 4. The USER acknowledges that, in relation to the website, the USER acts as the CONTROLLER (art. 5º, VI, LGPD) of the personal data of all individuals who browse its respective websites, applications and platforms, as well as facilitating their internet browsing, or with whom the USER may come into contact with personal data.
Article 5. The USER acknowledges that, in relation to them, the website acts as the OPERATOR (art. 5º, VII, LGPD) and that, therefore, it is acting on behalf of the USER, who is considered for all legal purposes as the CONTROLLER of personal data.
§1. Due to the contracting of services provided by the website to the USER, as stipulated in the Terms of Use of the AdOpt Platform, any and all potential violations of the data protection of the data subjects related to the USER must be reported to the website in a timely manner so that the necessary measures can be taken to prevent such violations or, when it is impossible to prevent them, to mitigate the risks inherent in the specific case.
§2. The USER acknowledges that the website is not responsible for the processing of personal data of data subjects carried out in the execution of the contractual scope, as provided for in the Terms of Use of the AdOpt Platform, nor for the actions taken to fulfill USER requests.
§3. The USER acknowledges the website as a simple service provider for managing the consent of data subjects visiting websites, platforms, internet applications, and other vehicles where the USER may make their services available, and it is the USER's responsibility to provide guidance regarding the lawful processing of the personal data of such data subjects.
Article 6. The USER acknowledges that AdOpt is composed of several other companies that also act as CONTROLLERS of the personal data of data subjects, and must therefore fully respect the rules of the AdOpt Platform, and adopt best practices to enable the lawful and legitimate processing of personal data.
Article 7. The USER may not object, without just cause, to the sharing of the personal data of the data subjects with whom they have direct contact on behalf of AdOpt, or any of its constituent parties.
Article 8. The USER declares that the collection, storage, use, and sharing of personal data in favor of AdOpt was carried out in perfect accordance with the legal bases provided for in articles 7 and 11 of the LGPD (Brazilian General Data Protection Law), having obtained informed, free, unequivocal, and specific consent from the data subject for processing, and that it observed the principles of purpose, adequacy, necessity, free access, quality, transparency, security, prevention, and non-discrimination (art. 6, LGPD).
Article 9. The USER's obligations include:
Respect current legislation, especially with regard to legal diplomas that concern the protection of privacy and protection of personal data of holders, and, although not yet in force, also Law No. 13,709/2018.
When processing personal data, as defined in Article 5, X, of Law No. 13.709/2018 (LGPD), the USER undertakes, under its sole responsibility, to implement its own privacy policy, providing the necessary clarifications to data subjects affected by its actions regarding data collection, alerting them, among other things, to what data will be collected, the data storage period, as well as the purpose of the collection, providing, whenever possible, an option for the USER to use such services without their personal data being collected.
Take all necessary steps to obtain valid consent from the data subject.
Promptly notify the website, whenever necessary and under its sole responsibility, of requests from data subjects exercising their rights under Article 18 of the LGPD (Brazilian General Data Protection Law), especially in cases of revocation of consent, or requests for rectification and deletion of data subjects' data.
Delete from your database all personal data of data subjects who revoke their consent or request the deletion of their personal data.
Adopt logical and physical information security measures that are compatible with the risks of your activities and market standards, complying, if applicable, with relevant regulatory standards.
Include in your Terms of Use and Privacy Policies the necessary clauses to clearly and unequivocally communicate the collection of personal data from data subjects and the sharing of data authorized by the data subject in favor of the AdOpt Network.
Upload your Privacy Policy to the AdOpt Platform, according to the appropriate field.
Art. 10. The use of personal data of data subjects accessed by the USER via the AdOpt Platform is the sole responsibility of the USER, and the website is not liable for damages of any kind arising from such use. The USER acknowledges that they are solely responsible for the actions of their agents in the use of the AdOpt Platform, as well as for determining whether these actions are consistent with the expected results.
Art. 11. The USER acknowledges that it is their sole responsibility to:
(i) the content of its own Privacy Policies and/or Terms of Use of its websites, platforms, internet applications and other vehicles where it may make its services available;
(ii) the adoption of measures necessary to observe the privacy and protection of personal data of data subjects whose data may be processed by the USER, or by the website, in its capacity as operator (art. 5, VII, Law No. 13.709/2018); and
(iii) the adoption of physical and logical information security measures.
Art. 12. The USER acknowledges that, in order to benefit from the services that include participation in AdOpt, they must obligatorily adopt the pre-established clauses, fully incorporating them into their own Privacy Policy/Terms of Use/Cookie Policy, or similar instrument, and are responsible for any direct, indirect, and consequential damages of any nature caused by non-compliance with this clause.
Art. 13. Any damages demonstrably caused to the USER will be compensated up to the limit of the amount paid by the USER up to the time the damage occurred.
And since the PARTIES are in agreement, the USER expresses their acceptance of this instrument, so that it may produce all legal and factual effects.
May 15, 2023
I HAVE READ AND ACCEPTED
