Privacy Policy

Privacy policy for UpSites

UPSITES DESENVOLVIMENTO DE SITES LTDA (“UPSITES DIGITAL”), a legal entity governed by private law, registered with the National Register of Legal Entities (CNPJ/MF) under No. 25.139.884/0001-90, with its registered office at R. José Versolato, 111 - BLOCO B SALA 3319 - Centro, São Bernardo Campo, SP, 09797-700, hereby grants to all “USERS”, i.e. those who access its services, the following José Versolato, 111 - BLOCO B SALA 3319 - Centro, São Bernardo do Campo - SP, 09750-730, confers on all "USERS", i.e. those who access and register on the Platform made available by UPSITES DIGITAL, and thus take advantage of the services provided through it, full and unequivocal knowledge of the rules set out in this Privacy Policy, as well as how information is collected and data processed, in accordance with the provisions of Laws no. 12.965/2014 (Marco Civil da Internet) and 13.709/2018 (LGPD), and the other conditions set out below.

WE RECOMMEND THAT YOU READ THIS DOCUMENT CAREFULLY. IT DESCRIBES HOW THE PERSONAL INFORMATION YOU PROVIDE TO ACCESS OUR WEBSITE AND USE OUR SERVICES IS HANDLED, AS WELL AS THE CONDITIONS OF THE SERVICES THEMSELVES.

BY READING THE TEXT BELOW AND CLICKING ON “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 SPONTANEOUSLY.

CHAPTER I - OBJECT

Art. 1. This Privacy Policy shall govern the relations between: (i) the USER and UPSITES DIGITAL;, whenever the user chooses to be a part of it, in the manner provided for in the Terms of Use of the AdOpt Platform.

Art. 2 - It is exclusively the USER's responsibility to comply with the legislation in force regarding the protection of personal data of individuals (hereinafter “data subjects”, according to art. 5, V, LGPD) with whom he/she has a relationship or will have a relationship in the exercise of his/her business activities.

Art. 3 The USER declares that he/she is aware that the UpSites Platform is an environment created for information to circulate securely in a restricted environment and shared with various other processing agents (art. 5, IX, LGPD), whose rules must be respected, as well as the privacy preferences and protection of the personal data of holders who travel on their respective websites, applications and platforms, as well as facilitating their internet browsing, or with whom the USER may have contact with personal data.

CHAPTER II - LEGAL POSITIONS

Art. 4 The USER acknowledges that, in relation to UPSITES DIGITAL, THE USER is in the position of CONTROLLER (art. 5, VI, LGPD) of the personal data of all individuals who traverse its respective sites, applications and platforms, as well as facilitating their internet browsing, or with whom the USER comes into contact with personal data.

Art. 5 The USER acknowledges that, in relation to him/her, UPSITES DIGITAL is in the position of OPERATOR (Art. 5, VII, LGPD) and that, therefore, it is acting on behalf of the USER, considered for all legal purposes as the CONTROLLER of personal data.

• Due to the contracting of the services provided by UPSITES DIGITAL in favor of the USER, contracted in the form of the Terms of Use of the AdOpt Platform, any and all possibilities of violation of the data protection of the holders related to the USER must be communicated to UPSITES DIGITAL in a timely manner for the adoption of the necessary measures to avoid such violations, or, when impossible to prevent them, to mitigate the risks inherent in the specific case.
• The USER acknowledges that UPSITES DIGITAL 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 acts carried out to fulfill requests from the USER;
• 3°. The USER recognizes UPSITES DIGITAL as a simple service provider for managing the consent of holders who visit the websites, platforms, internet applications and other vehicles where the USER may make its services available, and the USER is responsible for advising UPSITES DIGITAL on how to lawfully process the personal data of such holders.

Art. 6 The USER acknowledges that the UpSites Platform is made up of several other companies which also act as CONTROLLERS of the personal data of data subjects, and must therefore fully respect the rules of the AdOpt Platform and adopt the best practices to enable the lawful and legitimate processing of personal data.

Art. 7 The USER may not oppose, without just cause, the sharing of the personal data of data subjects with whom he/she has direct contact in favor of the UpSites Platform, or any of its component parts.

Art. 8. The USER declares that the collection, storage, use and sharing of personal data in favor of the UpSites Platform has been carried out in perfect accordance with the legal bases provided for in articles 7 and 11 of the LGPD, having obtained the informed, free, unequivocal and specific consent of the data subject for processing, and that it has complied with the principles of purpose, adequacy, necessity, free access, quality, transparency, security, prevention and non-discrimination (art. 6, LGPD).

CHAPTER III - USER OBLIGATIONS

Article 9: The USER's obligations are:

13. a) Respect the legislation in force, especially with regard to the legal diplomas that concern the protection of privacy and the protection of personal data of data subjects, and, although not yet in force, also Law No. 13,709/2018.
14. b) When processing personal data, understood as the list of activities described in article 5, X, of Law No. 709/2018 (LGPD), the USER undertakes to

undertakes, under its sole responsibility, to implement its own privacy policy, providing the necessary clarification to data subjects affected by its actions regarding data collection, alerting, among other issues, what data will be collected, the period for which the data will be stored, 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. The processing of personal data must be carried out by the USER in such a way as to preserve the privacy of the respective data subjects, and the USER undertakes to retain the smallest amount of data and records possible and delete them (i) as soon as the purpose of their use has been achieved, in the event of revocation of consent or request for deletion of data, or (ii) if the period determined by legal obligation has ended, in accordance with the provisions of article 13, paragraph 2 of the Marco Civil da Internet Law.

1. c) Take all necessary measures to validly obtain the consent of the data subject;
2. d) Promptly communicate to UPSITES DIGITAL, whenever necessary and under its sole responsibility, the requests of data subjects in the exercise of their rights provided for in article 18 of the LGPD, in particular in cases of revocation of consent, or requests for rectification and deletion of data subjects' data;
3. e) Without prejudice to the communication provided for in item “c” above, delete from its database all personal data of data subjects who revoke their consent or request the deletion of their personal data;
4. f) Adopt measures to information security, The company has a number of logical and physical systems that are compatible with the risks of its activities and market standards, in compliance, if any, with the applicable regulatory standards;
5. g) Include in its 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 UpSites Platform, made available by UPSITES DIGITAL on its platform;
6. h) Upload your Privacy Policy to the AdOpt Platform, according to the appropriate field.

CHAPTER IV - RESPONSIBILITIES

Art. 10 - The use of the personal data of data subjects accessed by the USER via the AdOpt Platform is the sole responsibility of the USER, and UPSITES DIGITAL is not liable for damages of any kind arising from such use. The USER acknowledges that he/she is solely responsible for the acts carried out by his/her agents in the use of the AdOpt Platform, as well as for determining whether these are consistent with the expected results.

Art. 11 - The USER acknowledges that it is solely responsible for: (i) the content of its own Privacy Policy(ies) and/or Terms of Use of its websites, platforms, internet applications and other vehicles where it makes its services available; (ii) the adoption of measures necessary to comply with the privacy and protection of personal data of data subjects whose data may be processed by the USER, or by UPSITES DIGITAL, as the operator (art. 5, VII, Law 13.709/2018); and (iii) the adoption of physical and logical information security measures.

Art. 12 - The USER acknowledges that, in order to use the services that include participation in the UpSites Platform, they must adopt the clauses pre-established by UPSITES DIGITAL, made available on the AdOpt Platform, incorporating them fully into their own Privacy Policy/Terms of Use/Cookie Policy, or similar instrument, being liable for direct, indirect and consequential damages of any nature caused to UPSITES DIGITAL, or to third parties as a result of non-compliance with this clause.

Art. 13 Any damage proven to have been caused by UPSITES DIGITAL to the USER will be indemnified to the extent of the amount paid by the USER up to the time the damage occurred.

And since the PARTIES are just and agreed, the USER expresses his acceptance of this instrument, so that it produces all the effects of fact and law.

São Paulo/SP, November 6, 2019.