Data protection policy

We, Smartsales LTDA, a private legal entity registered under CNPJ n. 44.067.010/0001-10, with headquarters at Rua Coronel Joviniano Brandão, n. 462, Room 20, in the Vila Prudente neighborhood, city of São Paulo, SP, ZIP Code 03127-175; and Consumering SAS, a business entity established under the laws of Argentina, registered with CUIT n. 30715931695, with legal adress at Paraná 755, 5th floor, offices C and D, C1048 Autonomous City of Buenos Aires, Argentina ("SmartSales," "Consumering SAS," or "we"), are committed to safeguarding your privacy and protecting your data.

The purpose of this document is to clarify what information is collected from users of our websites and respective services and how this data is used.

To provide our services through our websites and landing pages, we collect various data and information, aiming above all to provide an increasingly better experience for you, the user, and for our clients.

We recognize that your privacy is very important, so we make our best efforts to protect it. In the same vein, this Privacy Policy aims to inform you about how your information and personal data will be collected, used, shared, and stored through our websites and respective services. This document is an integral part of our Terms of Use, which provides an overview of our platform.

This Privacy Policy applies when you use our services that involve online data collection, including Personal Data collected through various services and channels, including websites, applications, and third-party social networks. In certain cases, our users can choose the types of data we collect, use, and share; as described in this Policy.

Acceptance of our Policy will occur when you register on our platform to enjoy one of the mentioned services. This acceptance will occur the moment when you affirmatively agree to the use of your data for each of the purposes described here. This will indicate that you are aware of and in full agreement with how we will use your information and data. If you choose not to provide us with the Personal Data necessary for the provision of our services (we will indicate when applicable) or do not agree with this Policy, we will not be able to provide you with our services. If you do not agree with this Policy, please do not continue the registration process.

This document has been drafted in a simple and accessible manner, with various examples of data collection and use, precisely so that you can read and understand how we use your data to offer you a secure and comfortable experience in using the services we provide to you.

This Policy is divided as follows to facilitate understanding:

  1. What are the sources of personal data?
  2. What types of data do we collect?
  3. With whom do we share your data?
  4. International data transfer
  5. What are the rights of data subjects?
  6. How long will the data be stored?
  7. How does our Information Security work?
  8. How to contact the data protection officer?
  9. Changes to the Policy.

1. What are the sources of personal data?

The quantity and type of information collected by us vary depending on your use of our services. We will collect different data that varies depending on the site you are visiting. To make these definitions and differences more accessible, we have segmented the collection of user data into 3 parts so that you can understand what specifically applies to you. This Policy applies to Personal Data that we collect from or about you through the following sources:

Websites. Consumer-oriented sites operated by or for us, including sites we operate under our own domains/URLs and mini-sites we maintain on third-party social networks, such as Meta (sites). Interactions with advertisements.

Interactions with our advertisements (for example, if you interact with one or more of our ads on a third-party site, we may receive information about that interaction).

Data created by us. During our interactions with you, we may create Personal Data about you (including, but not limited to, records of your interactions with our sites, content, and emails).

It is worth mentioning that we store information about all contacts made with our users, regardless of the type of user who made the contact. This information includes content downloaded from our pages and interactions via email, such as opens and clicks.

By clicking on the content-sharing buttons on social media available on our pages, the user will publish the content through their profile on the selected network. We do not have access to users' login and password on these networks, nor will we post content on behalf of the user without them taking this action. It is important to note that all the data we collect is used for service provision.

Therefore, all data and information about you are treated as confidential, and we will only use them for the purposes described here and authorized by you. In this regard, refer to section 2 to see what applies to you.

1.2 What are the legal bases for data collection?

We use only legally authorized forms as the legal basis for data collection, including, but not limited to, consent, legitimate interest, and the regular execution of signed contracts. When the legal basis for collection is not consent, we will always comply with current legislation and respect the rights and individual freedoms of data subjects.

2. What types of data do we collect?

2.1. Website visitors

If you only access our websites, we will collect your browsing data. In this case, when you visit our site, a "cookie" is inserted into your browser through Google Analytics software or an equivalent, to identify how often you return to our address.

"Cookies" are identifiers that we transfer to your browser or device, allowing us to recognize your browser or device and inform us about how and when pages and features on our services are visited, as well as how many people access them.

We also use cookies and navigation data, such as URLs (Uniform Resource Locators), to collect information about the date and time of your visit and the solutions and information you searched for and viewed. Like most technology companies, we automatically collect this personal data and store it in log files whenever you visit our site. We may use session cookies (which expire after closing the browser) and persistent cookies (which remain on your computer until you delete them) to provide a more personal and interactive experience on our site. Persistent cookies can be removed following the instructions in your Internet browser's help file. You can choose to limit, reject, or disable cookies through your browser settings. However, by doing so, some areas of our site may not function correctly, which may prevent you from benefiting from some of our features. Again, this Privacy Policy does not cover the use of cookies by third parties, and we are not responsible for their privacy policies and practices. Note that cookies placed by third parties may continue to monitor your online activities even after you have left our services. For more information about cookies, we recommend accessing the Cookie Policy.

2.2. Leads

If you interact with our materials and content, we will collect, in addition to your browsing data mentioned in the Visitors section, your visit data to our pages and other information you choose to share with us through your interactions with our forms, Landing Pages, and emails, for example.

To offer quality content and materials of your interest, it is often necessary to cross-reference data we collect from you, so that our marketing actions are directed towards what you expect to receive from us.

We guarantee that this cross-referencing is not done in a discriminatory manner, without infringing individual rights or freedoms. Additionally, you can request changes or removal of such data processing permissions at any time, through the system or by contacting our email [email protected].

Considering all these points, some possibilities for the use of your data may occur. In this regard, we recommend that you read the examples below:

  • Your email is used to send the material or information you requested when completing the form. It may also be used to send newsletters, always related to topics such as digital marketing, human resources, technology in general, customer success, and communication of the launch of new materials or products from partners. However, the user can unsubscribe at any time;
  • Homeativo Platform support operators may eventually contact you via email or phone to conduct surveys or present products and services from our partners and companies in our group, with this eventual contact being a service related to the activities of companies in our group;
  • Sending you messages about support or service, such as alerts, notifications, and updates;
  • Communicating with you about products, services, promotions, news, updates, events, and other topics that may interest you; and
  • Conducting targeted advertising based on your preferences, interests, and other collected information.

2.3. Users of sites and services

If you register on any of our forms, we may collect the following categories and types of personal data: contact data (name, email, and phone), location data (country, state, and city), professional profile data (position, company name, company sector, number of employees in the company, academic background, and years of experience), billing data (name, CPF, address, credit card).

If you register through your Meta/Google/other account, we may collect publicly accessible personal data from your social media profile, such as name and profile picture. Providing the email is optional; you can set this data at the time of your registration. And to integrate with the offered services, we may collect all data publicly accessible by Meta/Google/other to our system, in addition to information about your ads, which materials and content you interacted with, how many clicks they received, information about visitors to your websites that are available on that platform.

For access to services registration, the following data is collected:

  • Contact data (name, email, and phone);
  • Professional profile data (position, company, company sector, number of employees in the company);
  • Other necessary data according to our clients' campaigns.

2.4. Users of our clients' websites

We provide our clients with marketing and sales tools through their software, including the creation of Landing Pages, Pop-ups, Forms, email marketing, among others that involve the management of personal information from users with whom their clients maintain a relationship.

However, it is important to mention that the information collected in our forms for our clients' campaigns is controlled by them.

\In order to minimize incidents involving personal data, we adopt the best information security (see item 6) and secure development practices in the market, so that our clients can use our services securely for the management of their personal data. If you have any doubts about how your data is being managed, we recommend that you contact the company that is offering services to you.

3. With whom do we share your data?

We may operate in conjunction with other companies in a wide range of activities, including providing location features, advertisers, sponsors, and business partners, both online and offline, as well as disclosure tools and performance analysis. In this way, we reserve the right to share your information, including location, registration, and interest data, with the companies indicated below, whenever possible, anonymously, aiming to preserve your privacy to the maximum extent possible. We do not rent, sell, or transfer your personal data to anyone, except to the partner companies listed below.

We may share your personal data in the cases mentioned below:

Advertisers: You may occasionally receive personalized ads, content, and links directly related to your interests and behaviors on our platform or on other services with which you interact. For this purpose, data may be shared between us and the targeted advertising platform, mainly unique identifiers, IP addresses, cookies, and other information collected from your browser, which can be used to measure the efficiency of online advertising. You can always object to this advertising by contacting us via the system or through the email [email protected].

Our Partners and companies in our group: We rely on other companies to perform work on our behalf, and we need to share your personal data with them to provide products and services to you. For example, we use data hosting services to store our database. Our Partners and companies in our group are authorized to use personal data for the specific purposes for which they were hired, so they will not use your personal data for purposes other than those contractually provided for the provision of services.

To see who our main partners are, access Partners and companies in the group.

Statistics: The data stored by us may be used for statistical purposes (analytics). This data is grouped to provide a macro analysis of the scenario and, therefore, does not seek to identify or make the data subjects identifiable, but rather to better understand how they access our platforms, in order to improve service provision and customize products more directed to users' interests.

Social media profiles or other submissions: Registering on our platforms allows you to register by logging in from your Meta or Gmail account; in this way, certain data from your Meta and Gmail account may be shared with us. In this sense, when logging in, check the publicly accessible personal data authorized by these platforms so that you can decide what you want or do not want to share with us. We do not control the policies and practices of any other third-party website or service, so if you register using your profile on a social network, be aware of this.

To safeguard and protect our rights: We reserve the right to access, read, preserve, and disclose any data that we believe is necessary to fulfill a legal obligation or a court order; enforce or apply our Terms of Use and other agreements; or protect our rights, property, or safety, our employees, our users, or others.

4. International data transfer

We collect and transfer collected personal data to countries located in Latin America, Africa, the Middle East, and the European Union. This transfer occurs to our partners and companies in our group that process personal data, and these transfers involve only partner companies that have demonstrated compliance or follow GDPR and Brazilian sectoral data protection laws.

By accessing or using our services or providing personal data to us, you agree to the processing and eventual transfer of such data to other locations, as mentioned above.

5. What are the rights of data subjects?

You always have the option not to disclose your data to us, but keep in mind that some of this data may be necessary to register on our platforms or use some of the features we offer you. Regardless, you will always have rights related to privacy and the protection of your personal data. In addition to caring about the security of this data, we also care that you have access and knowledge of all your rights regarding personal data.

In this regard, we summarize all the rights you have under the General Data Protection Law (LGPD), other Brazilian sectoral laws related to data protection, and the General Data Protection Regulation (GDPR), which are:

  1. Right of access.
  2. Right of rectification.
  3. Right to erasure.
  4. Right of confirmation of the existence of processing.
  5. Right to request blocking or elimination.
  6. Right to information from public or private entities.
  7. Right to restrict processing.
  8. Right to review automated decisions.
  9. Right to object to processing.
  10. Right to an explanation of the logic behind the collection of your data.
  11. Right to information about the possibility of not giving consent and the consequences of refusal.
  12. Right to withdraw your consent.

In this sense, here is a brief explanation and examples of some of these rights:

  • Request for access to your personal data: this right allows you to request and receive a copy of your personal data that we have about you.
  • Request for rectification of your personal data: this right allows you to request correction and/or rectification of your personal data at any time if you identify that some of them are incorrect. However, to effect this correction, we must check the validity of the data you provide us.
  • Request for erasure of your personal data: this right allows you to request the deletion of your personal data from our platform. All collected data will be deleted from our servers when you request it or when they are no longer necessary or relevant to offer our services, unless there is another reason for their retention, such as a legal obligation to retain data or the need to preserve them to protect our rights. To change your personal information or delete it from our database, just send a request through the system or via email to [email protected].
  • Right to object to data processing: when we rely on a legitimate interest (or third parties) and there is something about your specific situation that leads you to object to the processing in this field, as you believe it impacts your fundamental rights and freedoms. You also have the right to object when we are processing your personal data for direct marketing purposes, for example. In some cases, we may demonstrate that we have legitimate reasons to process your data, which override your rights, as these may be essential for providing the product and/or service.
  • Right to request blocking or elimination: this right allows you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the accuracy of the data; (b) when you need us to keep the data even if we no longer need it, as necessary to establish, exercise, or defend legal claims; or (c) if you have objected to the use of your data, but in this case, we need to verify if we have legitimate reasons to use them.
  • Restrict processing of your personal data: this right allows you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the accuracy of the data; (b) when you need us to keep the data even if we no longer need it, as necessary to establish, exercise, or defend legal claims; or (c) you have objected to the use of your data, but we need to verify if we have legitimate reasons to use them.
  • Right to withdraw consent at any time: you have the right to withdraw your consent; however, this will not affect the legality of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products. In that case, we will notify you when this happens.
  • Right to review automated decisions: you also have the right to request a review of decisions made solely on the basis of automated processing of your personal data that affect your interests.

Your legitimate requests will be met within 5 (five) business days.

If your request is particularly complex or if you have made several requests, we will notify you and keep you informed of the progress of your request, in case it takes longer than expected in this item. If you have any questions about these issues and how to exercise these rights, feel free to contact us via the system or through the email [email protected].

6. How long will we store the data?

We will only keep your personal data for as long as necessary to fulfill the purposes for which we collected them, including for the fulfillment of any legal, contractual obligations, or requests from competent authorities.

To determine the appropriate retention period for personal data, we consider the quantity, nature, and sensitivity of personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purpose of processing your personal data, and whether we can achieve these purposes through other means, and the applicable legal requirements.

f you are a lead, information related to your interactions with us will be stored for a period of 5 (five) years. Also, if you request the deletion of your data, in this case, we will keep the data for 72 (seventy-two) hours after your deletion request.

7. How does our information security work?

In order to ensure your privacy and the protection of your personal data, we have adopted the best practices in information security and secure development available in the market. This means that we design services that promote the protection of your data and allow you to manage your information directly. In addition to this concept, we implement encryption practices for passwords and other critical information, TLS for data transfer between applications, and the use of cloud services with certifications and security seals, such as ISO 27001. We also conduct 24/7 system monitoring, utilize a perimeter firewall with Intrusion Detection System (IDS) functionality, employ anti-malware and anti-phishing measures, and implement content control.

We strive to protect the privacy of your personal data that we maintain in our records, but unfortunately, we cannot guarantee complete security. Hardware or software failures and other factors can compromise the security of your personal data at any time. Therefore, please help us maintain a secure environment for everyone. In addition to adopting good security practices regarding your data, if you identify or become aware of anything compromising the security of your data, you can contact us through the available support channels.

8. How to contact the data protection officer

We are Controllers and Processors of the personal data submitted to us according to this Privacy Policy. If you believe that your personal data has been used inconsistently with the Privacy Policy or your choices, or if you have other questions, comments, or suggestions related to this Privacy Policy, you can contact our Data Protection Officer through the system or via email at [email protected].

9. Changes to the privacy policy

As we are always seeking to improve our services, this Privacy Policy may be updated. Therefore, we recommend visiting this page periodically to stay informed about any modifications. In case of making relevant changes that require your new consent, we will publish this update and eventually request new consent from you.