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 the
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.