Privacy policy
In this privacy policy we, Pagina Atual LTDA, company code
44.791.219/0001-21, registered address at Rua dos Guajajaras, 293 - CentroBelo Horizonte - MG,
30180-101, Brasil, office address at Rua dos Guajajaras, 293 - CentroBelo Horizonte - MG,
30180-101, Brasil, ("Company", "we", "us" or
"our"), explain how we handle your personal data when you
visit our website, use our Mobile apps, contact us through
our official social media pages or email, and/or use our
services.
We will ask you to consent to our use of cookies in
accordance with the terms of this notice when you first
visit our website.
In this notice you will find the answers to the following
questions:
(a) how we use your data;
(b) when we provide your data to others;
(c) how long we store your data;
(d) what is our marketing policy;
(e) what rights related to personal data you possess;
(f) how we use cookies;
(g) other issues that you should take into account.
In case of any inquiries or if you would like to exercise
any of your rights provided in this notice, you may submit
such inquiries and requests by means provided in Contacts
section.
You may also contact Data Protection Officer of the Company
regarding all privacy related issues by email:
hello@nocarbschallenge.co.
All the definitions used in this privacy policy have the
same meaning as prescribed in Company's General Conditions
unless expressly provided otherwise in this privacy policy.
This privacy policy forms an integral part of Company's
General Conditions.
In the event this privacy policy is translated into other
languages and if there are differences between the English
version and such translation, the English version shall
prevail, unless otherwise provided.
1. HOW WE USE YOUR PERSONAL DATA?
1.1. This Section provides the following information:
(a) categories of personal data, that we process;
(b) in case of the personal data that we did not obtain
directly from you, the source and specific categories of
that data;
(c) the purposes for which we may process your personal
data; and
(d) the legal bases of the processing.
1.2. We process your account data ("account data"). The
account data may include your name and email address, phone
number and other data that you provide while registering as
well as your purchase history. We obtain such data directly
from you. We process account data for the purposes of
operating our website, providing our services, ensuring the
security of our website and services and communicating with
you. The legal basis for this processing is the performance
of a contract between you and us and/or taking steps, at
your request, to enter into such a contract as well as our
legitimate interest, namely monitoring and improving our
website and services.
1.3. We process information relating to provision of
services by us to you ("service data"). The service data may
include your contact details (such as your email address),
bank account and transaction details as well as other
information that you provide to us while filling up the
relevant questionnaires (such may include sensitive personal
data, related to your health, in case such data is necessary
to provide the relevant service). The service data is
processed to provide services as well as keep proper records
of those transactions. The legal basis for this processing
is the performance of a contract between you and us and/or
taking steps, at your request, to enter into such a contract
and our legitimate interests, namely the proper
administration of our website and business. In case of
sensitive personal data, related to your health the legal
basis for processing is your explicit consent.
1.4. We may process information that you provide to us for
the purpose of subscribing to our email messages and
newsletters ("messaging data"). The messaging data is
processed to send you the relevant messages and newsletters.
The legal basis for this processing is your consent. Also,
if we have already sold goods or provided services for you
via our website and/or apps, and you do not object, we may
also process messaging data on the basis of our legitimate
interest, namely seeking maintain and improve customer
relations.
1.5. We may process information relating to any
communication that you send to us ("correspondence data").
The correspondence data may include the communication
content and metadata associated with the communication. The
correspondence data is processed for the purposes of
communicating with you and record-keeping. The legal basis
for this processing is our legitimate interests, namely the
proper administration of our website and business, ensuring
uniform and high quality consultation practice and for
investigating disputes between you and our employees.
1.6. We may process information on your use of our website
and/or apps as well as on your device ("device data") when
you are browsing our website or use our apps. Device data
may include IP address, geographical location, browser type
and version, operating system, device type, screen
resolution and (in case you agree to share such) your
location data as well as information on the motion activity,
use of our website and apps (i.e. referral source, length of
visit, page views and website navigation paths, as well as
information about the timing, frequency and pattern of your
service use). We obtain such data through the use of cookies
and similar technologies. Device data is processed to
enhance the apps and the website as well as to set default
options. We also use such data to have a better
understanding of how you use our website and services as
well as for securing both the website and the apps. The
legal basis for this processing is our legitimate interest,
namely the proper management of our website, apps and
business.
1.7. We may process any of your personal data identified in
this notice where necessary for the establishment, exercise
or defence of legal claims, whether in court proceedings or
in an administrative or out-of-court procedure. The legal
basis for this processing is our legitimate interests,
namely the protection and assertion of our legal rights,
your legal rights and the legal rights of others.
1.8. We may process any of your personal data identified in
this notice where necessary for the purposes of obtaining or
maintaining insurance coverage, managing risks, or obtaining
professional advice. The legal basis for this processing is
our legitimate interests, namely the proper protection of
our business against risks.
1.9. In addition to the specific purposes for which we may
process your personal data set out in this Section, we may
also process any of your personal data where such processing
is necessary for compliance with a legal obligation to which
we are subject, or in order to protect your vital interests
or the vital interests of another natural person.
1.10. Should the purpose or legal basis of data processing
activities indicated in this paragraph change, we will
inform you and, if the consent was the legal basis for data
processing, will re-obtain your consent.
1.11. Sometimes we may aggregate, anonymize or de-identify
your personal data in such a way so that it cannot
reasonably be used to identify you. Such data is no longer
personal. We may use such data without restriction in any
way allowed by law, including, but not limited to share such
data with our partners or research institutions, share in
articles, blog posts and scientific publications, aggregate
statistics about certain activities or symptoms from data
collected to help identify patterns across users and
evaluate or modify our services.
1.12. We are following the principle of data minimisation:
personal data processed is adequate, relevant and limited to
what is necessary in relation to the purposes for which it
is processed.
1.13. Personal data is stored either on the servers of the
Company or of our contractors, who are bound by specific
contractual clauses regarding the processing of personal
data as well as by the confidentiality obligations.
1.14. We are using a number of technical and organisational
means to protect your personal data. Organisational security
measures include restricting access solely to authorised
persons with a legitimate need to access personal data,
singing confidentiality agreements, arranging trainings,
creating and implementing relevant policies and procedures.
Technical measures include appropriate actions to address
online security, risk of data loss, alteration of data or
unauthorised access, implementing access control and
authentication tools, ensuring physical security etc.
2. WHEN WE PROVIDE YOUR DATA TO OTHERS?
2.1. We may disclose your personal data to any member of our
group of companies (including our subsidiaries, our ultimate
holding company and all its subsidiaries) insofar as
reasonably necessary for the purposes set out in this
notice. Such may include internal administration purposes as
well as provision/sharing of IT services or data centres in
the group.
2.2. We may disclose your personal data to our insurers
and/or professional advisers insofar as reasonably necessary
for the purposes of obtaining or maintaining insurance
coverage, managing risks, obtaining professional advice, or
the establishment, exercise or defence of legal claims,
whether in court proceedings or in an administrative or
out-of-court procedure.
2.3. We may disclose your personal data to our anti-fraud,
risks and compliance providers insofar as reasonably
necessary for the purposes of protecting your personal data
and fulfilling our legal obligations.
2.4. We may disclose your personal data to our payment
service providers. We will share service data with our
payment services providers only to the extent necessary for
the purposes of processing your payments, transferring funds
and dealing with complaints and queries relating to such
payments and transfers.
2.5.In order to offer you Klarna's payment methods, we might
in the checkout pass your personal data in the form of
contact and order details to Klarna, in order for Klarna to
assess whether you qualify for their payment methods and to
tailor those payment methods for you. Your personal data
transferred is processed in line with Klarna's own privacy
notice.
2.6. We may disclose your personal data to other service
providers insofar as it is reasonably necessary to provide
specific services (including, providers of servers and
maintenance thereof, email service providers, service
providers used for data analysis, customer satisfaction
surveys or market research). We take all the necessary
measures to ensure that such subcontractors would implement
proper organisational and technical measures to ensure
security and privacy of your personal data.
2.7. In addition to the specific disclosures of personal
data set out in this Section, we may disclose your personal
data where such disclosure is necessary for compliance with
a legal obligation to which we are subject, or in order to
protect your vital interests or the vital interests of
another natural person.
2.8. Persons, indicated in this Section may be established
outside Brasil, European Union and
European Economic Area. In case we will transfer your
personal data to such persons, we will take all the
necessary and in the legal acts indicated measures to ensure
that your privacy will remain properly secured, including
where appropriate, signing standard contractual clauses for
transfer of data. To find out more information regarding
appropriate safeguards you may contact us via email:
hello@nocarbschallenge.co.
3. HOW LONG WE STORE YOUR DATA?
3.1. Your personal data that we process for any purpose or
purposes shall not be kept for longer than is necessary for
that purpose or those purposes. In any case it shall be kept
for no longer than:
(a) account data will be retained for no longer than 5
(five) years following your last update on the account;
(b) service data will be retained for no longer than 5
(five) years following the end of provision of services;
(c) messaging data will be retained for no longer than 2
(two) years following the provision of consent or, in case,
the messaging data is being sent to the present clients in
order to maintain and improve customer relations, for no
longer than 2 (two) years following the end of provision of
the respective services, unless you respectively withdraw
your consent earlier or object to such processing;
(d) correspondence data will be retained for no longer than
6 (six) months following the end of such communication.
3.2. In some cases, it is not possible for us to specify in
advance the periods for which your personal data will be
retained. I. e. device data will be retained for as much as
will be necessary for the relevant processing purposes
3.3. After the end of applicable retention period, or upon
your request personal data is destructed using overwriting
or physical destruction (when applicable) methods.
3.4. Notwithstanding the other provisions of this Section,
we may retain your personal data where such retention is
necessary for compliance with a legal obligation to which we
are subject, or in order to protect your vital interests or
the vital interests of another natural person.
4. MARKETING MESSAGES
4.1. In case you consent, we will contact you via email or
phone to inform on what we are up to. Also, if we already
have provided services to you and you do not object, we will
inform you about our Companies or our members of our group
Companies other products that might interest you including
other information related to such via email or phone, when
such were provided to us by you..
4.2. When contacting you by phone as provided in section
4.1. above, SMS/text messages from us will be received
through your wireless provider to the mobile number you
provided. SMS/text messages may be sent using an automatic
telephone dialing system or other technology. Message
frequency varies. Message and data rates may apply.
4.3. You may opt-out of receiving marketing communications
at any time. You may do so by choosing the relevant link in
any of our marketing messages or contacting us via means
provided in our website. If you are receiving both email and
phone marketing communications on the grounds provided in
section 4.1. above and you wish to opt-out of receiving
them, you will need to opt out separately by following the
relevant link in any of our marketing messages or contacting
us via means provided in our website.
4.4. Upon you having fulfilled any of the provided actions
we will update your profile to ensure that you will not
receive our marketing communication in the future.
4.5. Please be informed that as our business activities
consists of a network of closely related services, it may
take a few days until all the systems are updated, thus you
may continue to receive marketing communication while we are
still processing your request.
4.6. In any case, the opt-out of the marketing
communications will not stop you from receiving
communication directly related to the provision of
services.
5. AI TOOLS
a. We may use AI-based chatbots and other customer support
solutions powered by third party AI tools when you contact
us through in-app chatbot, our customer support email or
other communication channels.
i. The AI-based chatbots utilized by us are powered by
third-party service providers whose technologies enhance the
functionality of our application.
ii. In the course of using AI-based chat bots, certain data
may be collected or used, including profile information,
user queries, interactions, and any information voluntarily
shared during the conversation or necessary for query
solution. This data may be processed to provide tailored
responses to user inquiries.
iii. The scope of information processed by AI-based tools
will depend on the nature of your request or inquiry, as
well as any information you provide in the request itself,
so both personal and non-personal data provided by customers
may be processed. This information may include details about
your health condition, symptoms, profile information or any
other relevant health-related data you choose to disclose
during your interaction with the chatbot or is necessary to
process in the course of your interaction.
iv. By using our in-app chatbot or otherwise by contacting
your customer support communication channels, you
acknowledge and consent to the processing of any Personal
Data contained in your inquiry, including health-related
Personal Data, through the use of AI-based tools. The
processing of Personal Data through AI-based tools is solely
for the purpose to enhance the functionality of our
application, improve user experience and providing efficient
customer support. The information processed is not used for
unrelated purposes without your consent. We are committed to
maintaining the confidentiality and security of your
Personal Data.
v. Data collected by AI-based chatbots may be shared with
the third-party providers powering the chatbot
functionality. We ensure that these third-party providers
adhere to data protection laws and maintain the
confidentiality and security of the shared information.
vi. The AI-based chatbots do not operate with and do not
provide final answers regarding subscription management
requests, as well as data subject rights requests described
in this Privacy Policy. If you have these kinds of requests,
please contact our customer support agent.
vii. The data processed in the context of chatbot
conversations will be retained by us for up to 3 months from
your last consent renewal to ensure the functionality and
personalization of your experience with the chatbot.
6. YOUR RIGHTS
6.1. In this Section, we have summarised the rights that you
have under data protection laws. Some of the rights are
complex thus we only provide the main aspects of such
rights. Accordingly, you should read the relevant laws
(first and foremost the General Data Protection Regulation
(EU) 2016/679) and guidance from the regulatory authorities
for a full explanation of these rights.
6.2. Your principal rights under data protection law are the
following:
(a) the right to access data;
(b) the right to rectification;
(c) the right to erasure of your personal data;
(d) the right to restrict processing of your personal
data;
(e) the right to object to processing of your personal
data;
(f) the right to data portability;
(g) the right to complain to a supervisory authority; and
(h) the right to withdraw consent;
(i) the right to request not to be a subject to a decision
based solely on automated processing, including
profiling.
6.3. The right to access data. You have the right to
confirmation as to whether or not we process your personal
data and, where we do, access to the personal data, together
with certain additional information. That additional
information includes details of the purposes of the
processing, the categories of personal data concerned and
the recipients of the personal data. Providing the rights
and freedoms of others are not affected, we will supply to
you a copy of your personal data. The first copy will be
provided free of charge, but additional copies may be
subject to a reasonable fee.
6.4. The right to rectification. You have the right to have
any inaccurate personal data about you rectified and, taking
into account the purposes of the processing, to have any
incomplete personal data about you completed.
6.5. In some circumstances you have the right to the erasure
of your personal data. Those circumstances include when: (i)
the personal data are no longer necessary in relation to the
purposes for which they were collected or otherwise
processed; (ii) you withdraw consent to consent-based
processing and there are no other legal basis to process
data; (iii) you object to the processing under certain rules
of applicable data protection laws; (iv) the processing is
for direct marketing purposes; or (v) the personal data have
been unlawfully processed. However, there are exclusions of
the right to erasure. Such exclusions include when
processing is necessary: (i) for exercising the right of
freedom of expression and information; (ii) for compliance
with our legal obligation; or (iii) for the establishment,
exercise or defence of legal claims.
6.6. In some circumstances you have the right to restrict
the processing of your personal data. Those circumstances
are when: (i) you contest the accuracy of the personal data;
(ii) processing is unlawful but you oppose erasure; (iii) we
no longer need the personal data for the purposes of our
processing, but you require personal data for the
establishment, exercise or defence of legal claims; and (iv)
you have objected to processing, pending the verification of
that objection. Where processing has been restricted on this
basis, we may continue to store your personal data, however
we will only further process such data in any other way: (i)
with your consent; (ii) for the establishment, exercise or
defence of legal claims; (iii) for the protection of the
rights of another person; or (iv) for reasons of important
public interest.
6.7. You have the right to object to our processing of your
personal data on grounds relating to your particular
situation, but only to the extent that the legal basis for
the processing is that the processing is necessary for: the
performance of a task carried out in the public interest or
the purposes of the legitimate interests pursued by us or by
a third party. If you make such an objection, we will cease
to process the personal information unless we can
demonstrate compelling legitimate grounds for the processing
which override your interests, rights and freedoms, or the
processing is for the establishment, exercise or defence of
legal claims.
6.8. You have the right to object to our processing of your
personal data for direct marketing purposes (including
profiling for direct marketing purposes). If you make such
an objection, we will cease to process your personal data
for this purpose.
6.9. You have the right to object to our processing of your
personal data for scientific or historical research purposes
or statistical purposes on grounds relating to your
particular situation, unless the processing is necessary for
the performance of a task carried out for reasons of public
interest.
6.10. The right to data portability. To the extent that the
legal basis for our processing of your personal data is:
(a) consent; or
(b) performance of a contract or steps to be taken at your
request prior to entering into a contract, necessary to
enter into such,
you have the right to receive your personal data from us in
a structured, commonly used and machine-readable format.
However, this right does not apply where it would adversely
affect the rights and freedoms of others.
6.11. If you consider that our processing of your personal
information infringes data protection laws, you have a legal
right to lodge a complaint with a supervisory authority
responsible for data protection. You may do so in the EU
member state of your habitual residence, your place of work
or the place of the alleged infringement. Our data
processing is supervised by State Data Protection
Inspectorate of Brasil, registered office
at Rua dos Guajajaras, 293 - CentroBelo Horizonte - MG,
30180-101, Brasil.
6.12. To the extent that the legal basis for our processing
of your personal information is consent, you have the right
to withdraw that consent at any time. Withdrawal will not
affect the lawfulness of processing before the
withdrawal.
6.13. You have the right to request not to be a subject to a
decision based solely on automated processing, including
profiling, which produces legal effects concerning you or
similarly significantly affects you. However, there are
exclusions of this right. Such exclusions include when the
decision: (i) is necessary for entering into, or performance
of, a contract between you and us; (ii) s authorised by EU
or EU member state law to which we are subject to and which
also lays down suitable measures to safeguard the your
rights and freedoms and legitimate interests; (iii) is based
on your explicit consent.
6.14. In addition to specific measure provided in this
Section or the website you may also exercise any of the
rights indicated herein by contacting us by email:
hello@nocarbschallenge.co. We undertake to respond to such inquiries within 1 month
after it is received. This response time may be extended by
2 months for complex or multiple requests. In case of such
extension, we will inform you additionally.
7. ABOUT COOKIES
7.1. Cookies are small textual files containing identifier
that is sent by a web server to your web browser and is
stored by the browser. The identifier is then sent back to
the server each time the browser requests a page from the
server.
7.2. Cookies do not typically contain any information that
personally identifies a user, but personal information that
we store about you may be linked to the information stored
in and obtained from cookies.
8. COOKIES THAT WE USE
In the website we use cookies of three main types, for the
following purposes:
(a) Required cookies - used to ensure proper performance of
the website, security of customers and their data, provision
of high-quality services;
(b) Functional cookies - used to enhance the website user
experience, analyse the use of the system and in accordance
to such improve the provision of services;
(c) Advertising cookies - used to observer user online
behaviour and optimize marketing campaigns according to such
information.
9. COOKIES USED BY OUR SERVICE PROVIDERS
9.1. Our service providers use cookies and those cookies may
be stored on your computer when you visit our website.
9.2. We use:
(a) Google Analytics cookies to observe our website traffic.
Cookies used for this purpose help us detect website errors
as well as measure website bandwidth. You can view the
privacy policy of Google Analytics here;
(b) Youtube cookies to display in our website content
uploaded in Youtube. Cookies used for this purpose help us
maintain integrity, create informative and dynamic website.
You can view the privacy policy of Youtube here;
(c) Twitter cookies to display in our website content posted
in Twitter. Cookies used for this purpose help us maintain
integrity, create informative and dynamic website. You can
view the privacy policy of Twitter here;
(d) Google Maps cookies to, if the user permits, determine
users location. Cookies used for this purpose help us adapt
website settings in accordance to user's location and
improve user experience in our website. You can view the
privacy policy of Google Maps here;
(e) Doubleclick cookies to control the display of ads to our
users. Cookies used for this purpose help us distinguish
users that already use our services and reduce or stop
displaying our ads to such users. You can view the privacy
policy of Doubleclick here;
(f) Facebook cookies to manage the display of ads to our
users. Cookies used for this purpose help us distinguish
users that already use our services and reduce or stop
displaying our ads to such users. You can view the privacy
policy of Facebook here;
(g) Google Tag Manager cookies to control advertising
cookies. Cookies used for this purpose help us properly
distribute ads to users. You can view the privacy policy of
Google Tag Manager here;
(h) Hotjar cookies to observe how users use our website.
Cookies used for this purpose help us observe the
performance of the website and analyse how we can improve
our website. You can view the privacy policy of Hotjar
here;
(i) Visual Website Optimiser cookies that are used for
collecting information on how visitors interact with the
pages on website. You can view the privacy policy of Visual
Website Optimiser here.
10. HOW CAN YOU MANAGE COOKIES?
10.1. Most browsers allow you to refuse to accept cookies
and to delete cookies. The methods for doing so vary from
browser to browser, and from version to version. You can
however obtain up-to-date information about blocking and
deleting cookies via information provided in the relevant
browser website, for example Chrome; Firefox; Internet
Explorer; Safari.
10.2. Blocking all cookies will have a negative impact upon
the usability of many websites.
10.3. If you block cookies, you will not be able to use all
the features on our website.
11. THIRD PARTY WEBSITES
In the website you may find links to and from partner sites,
information sources and related party websites. Please take
note that such third party website that you will visit by
clicking on links have their own privacy policies and we
take no responsibility regarding such privacy policies. We
recommend familiarising with privacy policies of such
websites before providing any personal data to such.
12. CHILDREN PERSONAL DATA
12.1. Our website and services are targeted at persons over
the age of 18.
12.2. If we have reason to believe that we hold personal
data of a person under that age in our databases without
having consent from the parent rights holder, we will delete
that personal data.
13. CALIFORNIA PRIVACY ADDENDUM
If you are a California consumer or resident, in addition to
the information provided in this privacy policy, you may
have the additional rights and information provided to you
under the California Consumer Privacy Act:
a. We do not knowingly sell personal information nor share
it with third parties for direct marketing purposes.
However, if we do so in the future, you will be notified and
have the right to opt-out of the "sale" of personal
information;
b. We will retain, use, or disclose personal information we
collect or processes on your behalf, only for the purposes
described in this privacy policy, and will notify you if
this changes.
c. You have the right to not be subject to discrimination if
you exercise any of your rights.
14. UPDATING YOUR DATA
Please let us know if the personal information that we hold
about you needs to be corrected or updated.
15. CHANGES TO THE NOTICE
Any changes to this notice will be published in the website
and, in case of material changes, we may inform you about
such via email or by other means which we will deem the most
fitting in a particular case.
