Privacy Policy and Use of Personal Dat

MERKADIA (“we”) takes privacy seriously. Therefore, in this Privacy Policy (“Policy”) we explain the ways in which we use, store, share and protect the personal data collected from the use of our services and solutions (collectively “Services”) and how data subjects can exercise the rights provided for in the legislation in force.

The personal data we collect depends on the context of your interactions. In order to facilitate your understanding, we explain in this Policy how we treat the data of (i) clients (“Clients”), consumers of Clients (“Consumers”) and users of our websites (“Users”), collectively (“Holders” or "you").

This Privacy Policy applies when you use our Services that involve online and offline data collection, including Personal Data collected through our services and channels, including websites, applications, third-party social networks, software, among others.

The acceptance of our Policy will be done when you register on our platform to enjoy one of the services mentioned above. Such acceptance will take place when you affirmatively agree to the use of your data for each of the purposes described by us here. This will indicate that you are aware of and fully agree with how we will use your information and data. If you do not agree with this Policy, please do not continue your registration procedure and do not use our services. However, please let us know your disagreement so that we can clarify or improve them.

 

This document was written in a simple and accessible way, with several examples of data collection and use, precisely so that you can read and understand how we use your data to offer you a safe and comfortable experience in the use of the services that we offer you.

 

This Policy is divided as follows to facilitate understanding:

 

 

1. Who are we

We offer a portfolio of internet services, which include making and maintaining websites, hosting websites (we provide the service and hire reliable cloud hosting companies), email marketing tools, software, websites in general, applications, between others.

The processing agent controlling your personal data will be the one that originally collected information about you. So in some cases we are 'Operators' and other 'Controllers'.

 

2. Commitment to the security of your Data

 

Merkadia protects Data while the user browses, accesses or uses its website or one of its services and is committed to the security of Personal Data throughout the navigation process. Therefore, the Data will be kept confidential and will not be shared or disclosed to third parties, except in the cases expressly established in this Policy and in compliance with the legislation and/or regulations in force.

 

We use as a legal basis for data collection only forms authorized by law and with the legitimate interest and the regular execution of the signed contracts.

 

3. Data we collect

The amount and type of information collected varies depending on your use of our services. We will collect different data if you are visiting our website, using our software, using customer services for our software or services. And to make these definitions and differences more accessible, we've segmented the collection of user data so 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:

• Merkadia website. Consumer-facing website operated by or for Merkadia, including that We operate under our own domains/URLs and that We maintain on third-party social networks such as Facebook (websites).
• Websites/Mobile Apps. Consumer-facing websites or mobile apps operated by or for Merkadia, such as smartphone apps.
• Ad interactions. Interactions with our advertisements (for example, if you interact with one or more of our advertisements on a third-party website, we may receive information about that interaction).
• Data created by us. During our interactions with You, we may create Personal Data about You (for example, but not limited to, records of your purchases, and records of your interactions with our content, sending e-books and emails).
• Software. We provide the license to use software, and customers are entirely responsible for the correct use of the information registered there.

 

It should also be mentioned that we store information about all contacts already made with our users, regardless of the type of user who made the contact. Such information includes content downloaded from our pages and interactions via email.

It is worth noting that all the data we collect is used to provide our services. Therefore, all data and information about you is treated as confidential, and we will only use them for the purposes described and authorized by you, mainly so that you can fully use our services, always aiming to improve your experience as a user.

The user expressly agrees to provide only true, current, complete and accurate Data and not to change his identity when accessing and using the platforms and/or Services, being solely responsible for false, excessive, incorrect, incomplete, or inaccurate information you provide to Us and for damages, direct or indirect, that this causes to Us or third parties.

 

3.1. Website visitors

If you only access our websites, we will collect your browsing data. In this case, when you visit our website, a “cookie” is inserted in your browser through the Google Analytics software, to identify how many times you return to our address.

 

“Cookies” are identifiers that we transfer to your browser or device that allow us to recognize your browser or device and tell us how and when pages and features on our Services are visited and how many people access them.

We also use Cookies and navigational data such as URLs (Uniform Resource Locators) to collect information about the date and time of your visit and the solutions and information for which you searched and viewed. Like most technology companies, we automatically collect this personal data and store it in log files whenever you visit our website or access your account on our network. We may use session cookies (which expire after you close your browser) and persistent cookies (which remain on your computer until you delete them) to provide you with a more personal and interactive experience on our website. Persistent Cookies can be removed by following the instructions in your internet browser's help file. You can choose to limit, refuse or disable Cookies through your browser settings. However, in doing so, some areas of our website may not function properly, which may prevent you from taking advantage of 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. Please note that Cookies placed by third parties may continue to monitor your online activities even after you have left our Services.

 

3.2. Merkadia Leads

 

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

In order to offer content and materials of interest to you, it is often necessary to cross-reference the data we collect from you, so that our marketing actions are directed to what you expect to receive from us. We guarantee that this crossing is not done in a discriminatory way, not injuring any individual rights or freedoms. In addition, you may, at any time, request a change to remove change or remove such data processing permissions through our service channel.

 

3.3. Users of Merkadia Sites and Services

 

If you use any of our services and/or products, we will collect the following categories and types of personal data: contact data (name, e-mail and telephone), location data (country, state and city), professional profile data (company title, name and segment), data for marketing purposes (your marketing preferences and information about your CRM).

If you register through your Facebook/Google account, we will collect publicly accessible personal data on your social network profile, such as your name and profile picture. Providing an email is optional, you can define this data when registering. And to integrate with the services offered, we may collect all data that is made available as publicly accessible by Facebook / Google to our system, in addition to information about your ads, what materials and content you interacted with, how many clicks they received, information about visitors on their websites that are available on that platform.

 

3.4. Users of Merkadia Client websites

 

We provide our clients with marketing and sales automation tools, creating Landing Pages, Pop-ups, SMS, Forms, sending email marketing, among others that involve managing the personal information of users with whom their clients have a relationship. and we also produce, maintain and host websites for clients, according to each client's needs.

However, it is important to mention that We do not control the information collected by third parties using the system. This data belongs to Customers, who use, disclose and protect it in accordance with their respective privacy policies. They are also responsible for directly obtaining user consent, and with this power, collecting, managing and processing confidential information.

 

Since we do not control the data that is collected directly by Customers, in order to minimize incidents involving personal data, we adopt the best information security and secure development practices on the market, so that they can use a secure tool for management of your personal data and their customer data as well. If you have any questions about how your data is being managed, we recommend that you contact the company where you registered your data.

 

4.  Navigation information

 

We may collect the following information during access:

• your IP address;

• your device's operating system;

• your device's browser;

• services accessed;

• interactions performed;

• technical data such as URL information;

• cookie data;

• the types of devices you are using to access or connect to the platforms;

• device attributes;

• information that allows the management of digital copyrights;

• geolocation.

 

5. With whom does Merkadia share your data?

 

We reserve the right to share your information, including location, registration and interest data, as indicated below, whenever possible, anonymously, in order to preserve your privacy as much as possible.

 

We do not rent, sell or transfer your personal data to anyone. We may share your personal data in the cases mentioned below:

• Our partners​: We employ other companies to carry out work on our behalf and need to share your personal data with them in order to provide products and services to you. For example, we use data hosting services to store our database. Our Partners are only authorized to use personal data for the specific purposes for which they were contracted, therefore, they will not use your personal data for purposes other than the provision of contractually provided services.
• Statistics: The data stored by Merkadia may be used for statistical purposes (analytics). These data are grouped in order to provide a macro analysis of the scenario, and therefore do not seek to identify or make the holders of personal data identifiable, but only to better understand how they access the platforms , in order to improve the provision of services and customize products more targeted to the interests of users.
• To safeguard and protect Merkadia's rights​: We reserve the right to access, read, preserve and disclose any data that we believe is necessary to comply with a legal obligation or court order; enforce or apply our Software Terms of Use and other agreements; or protect the rights, property or safety of our employees, our users or others.

 

6. International Data Transfer

In some cases, Merkadia collects and transfers personal data collected in Brazil to the US. This transfer takes place for Partners who work in the processing of personal data, and these transfers only involve companies that have demonstrated that they are in the process of compliance or in compliance with the Brazilian sectoral data protection laws.

 

Our headquarters are in Brazil and the data we collect is governed by Brazilian law. By accessing or using our Services or providing personal data to us, you consent to the processing and transfer of such data to Brazil and to another country, mentioned above.

 

7. How long will Merkadia store the data?

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

 

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

If you use our products and services, your account information will be kept as long as you keep that account active. If you request cancellation, your information will be deleted within 60 days of account cancellation. If you are a lead, information regarding your interactions with us will be stored for a period of up to 5 (five) years. Likewise, if you request the deletion of your data and/or your account, in this case, Merkadia will keep the data for a further 72 (seventy-two hours) after your deletion request.

 

The Data may be stored on our own servers or those of a third party contracted for this purpose, whether they are located in Brazil or abroad, in accordance with the criteria of the applicable legislation, and may also be stored by means of technology of cloud computing and/or other technologies that arise in the future.

 

8. Your rights, options and controls

Merkadia is the Controller and Processor of the personal data submitted to us by you in accordance with this Privacy Policy. In this sense and seeking to comply with the laws with the highest standards of data protection in Brazil and in the world, we have a specific contact email for dealings related to the subject: atendimento@merkadia.com.br

If you wish, you can revoke consents, delete, block, request anonymization or portability of your Data: you may (i) revoke your consent, whenever the processing of Data is based on consent, under the terms of the LGPD or (ii ) request the deletion of your Data, at any time, under the legal terms. The revocation of consent will make it impossible for you to use the platforms and Services, as well as the interruption of the use of your Data, except for (i) anonymized data; and (ii) the Data necessary for Merkadia and/or third parties involved in the provision of the Services for the purposes of judicial, arbitration or administrative defense, as well as for compliance with legal and/or regulatory obligations.

 

If you believe that your personal information has been used in a manner inconsistent with the Privacy Policy or your choices, or if you have any other questions, comments or suggestions relating to this Privacy Policy, you may contact us.

 

9. Internet security

The transmission of Data over the internet is still not completely secure due to several factors, including network and operational factors, and we cannot guarantee the complete security of the transmitted data. Although we do our best to protect the Data, we cannot guarantee the complete security of transmitted data. Any transmission is the sole responsibility of the person providing the information and by agreeing to this Policy, you acknowledge and assume that responsibility.

 

To prevent unauthorized access or disclosure of Data, we have put in place appropriate physical, electronic and managerial procedures to secure and protect the Data received.

 

10. Changes to this Policy

 

As we are always looking to improve our services, this Privacy Policy may undergo updates. Therefore, we recommend periodically visiting this page so that you are aware of the changes. If relevant changes are made that lead to a new consent from you, we will publish this update and request a new consent from you.

 

11. Applicable law

This document is governed by and must be interpreted in accordance with the laws of the Federative Republic of Brazil. The Jurisdiction of the District of Ibirama, Santa Catarina, is hereby elected as competent to resolve any issues that may arise from this document, with express waiver of any other, however privileged it may be.

 

 

Ibirama, October 09, 2020.