PRIVACY POLICYSLOTH Latest Update: January 13, 2020 WHILE ACCESSING, USING OR SIGNING UP ON THE "SLOTH APPLICATION" ("Platform"), AVAILABLE IN ONLINE STORES AND OPERATED BY KNOWLEDGE MOBILE DESENVOLVEDORA LTDA., WITH HEADQUARTERS AT STA JUDITE Nº. 414, ZIP CODE 05.603-020, SÃO PAULO/SP, ENROLLED AT THE CORPORATE TAXPAYER REGISTRY OF THE MINISTRY OF FINANCE (CNPJ/MF) UNDER NO. 35.193.596/0001-78 (“Company”), YOU FULLY AGREE WITH THE CONDITIONS EXPOSED HEREIN, AS WELL AS WITH THE OTHER POLICIES AND/OR RULES REFERRED TO IN THE PRESENT INSTRUMENT (“Privacy Policy”). For the purposes of this Privacy Policy, “User” is each individual who accesses the Platform, and the Company is the “Controller”, being responsible for making decisions regarding the processing of personal data that was directly and/or indirectly entered into the Platformor collected through the Platformin any way.In case you are using the Platform on behalf of an entity and/or legal entity, you assure to be authorized to accept the Privacy Policy on behalf of the respective entity and/or legal entity, as well as that such entity and/or legal entity agrees to indemnify the Company for any violation of the Privacy Policy. In case the Platformis used by underaged users, that is, by those who are less than 18 (eighteen) years old, the use and data collection provided in this Privacy Policy must be authorized by the underaged user parents or legal guardian(s), who must be fully aware and agree to terms of this Policy. 1. PLATFORM PURPOSEThe Platform is a game application aimed at children, especially from 3 to 6 years old.
2. DATA PROTECTION OFFICER (“dpo”) The Company indicates the below qualified individual or the position of Data Protection Officer” – DPO, who will be in charged for assisting and orienting the User and data subjects in any matter related to the Privacy Policy or the processing of personal data by the Company, as well as to act as a communication channel between the Company and the National Data Protection Authority. Name: Pedro MendesE-mail: 3. DATA PROCESSINGTo carry out the sign up and access the Platform, the User will have to provide certain information to the Company, which will be indispensable for the operation and use of the Platform. Thus, the following User data will be collected and processed:Option 1:Ø Name; Ø E-mail; Ø Birth Date;Ø IPs (Internet Protocol); Option 2:Ø User's Google or Facebook Account Master Data; Ø IPs (Internet Protocol); By accessing or using the Platform, you the User are aware – as a private individual and, whenever applicable, also as a minor representative or the legal entity or any other entity you represent – of the previously listed data processing, as well as declares that any insertion of third party information, personal or not, entered in the Platform through you (directly or through the insertion of documents containing such data), is in accordance with current law and does not violate the rights of third parties, taking full responsibility for any and all complaints or damages arising from the processing of the personal data through you inserted in the Platform (directly or through the insertion of documents containing such data).
4. PURPOSE AND USE OF DATAThis Privacy Policy describes the situations in which the Users data, such as third party’s data by any means entered through the Users in the Platform, are used by the Company:Services: The Company will use personal data for the following purposes: (a) facilitate the Users identification in the Platform; (b) provide the necessary interactivity in the Platform; (c) operate and perfect the Platform, and; (d) provide assistance services to the Users; (e) enable the rendering of the services contracted by the Users and entities or companies that Users represent. Communications: The Company will use the Users personal data to contact the User by e-mail, as well as to send notices, text messages, reminders and/or “push” notifications. The Company may send communications to the Users regarding the Platform availability, the solutions made available by the Company, as well as the Platform security or any other subject in any way related to the Platform or to the services and solutions offered in the Platform or by the Company, such as messages about how to use such services and solutions or information about upgrades that may be available. Publicity: The Company may use the collected personal data to: (a) send marketing e-mails related to the Platform, the Company and/or to companies of the same economic group as the Company; (b) exhibit and/or send advertisement deemed compatible with the User profile, being that the advertisement may refer to the Platform and/or third parties. In case the User no longer has interest in receiving advertisements, the User must contact the DPO, informing the desire to no longer receive these communications. Platform Users Activities: The Company registers the Platform access and usage data when the User in any way access or use the Platform. The access information, cookies, the devices information and the IP (Internet Protocol) is used by the Platform to identify the User or to register the user’s usage - or his activity - in the Platform.Storage and backup: The Company securely stores and make backup copies of the Platform information, which may include User and third parties personal data that have been entered in the Platform (directly or through the insertion of documents containing such data) or that have been collected through the Platform. 5. COOKIES AND OTHER SIMILAR TECHNOLOGYThe Platform may use cookies or other identification technologies in order to assist the personalization of your experience. Cookies are small storage text files in the memory of your computer. A cookie contains information, including personal ones, which may be read after by a server located in the dominium issuing it. The information the cookies collect include date and time of your visit, navigation background, etc.The cookies bring several benefits, once they allow the identification of old users when they return to the Platform, enabling the direction to personalized contents and/or comparable services. The cookies also save time, making it unnecessary to input the same information several times.
6. DURANTION OF THE DATA PROCESSINGThe personal data, entered in the Platform or collected through the Platform, will be processed by the Company as long as the purposes stated in this Privacy Policy endure and/or if necessary the maintenance of the personal data – such as to respect legal deadlines for storing personal data, including those stated in the Law nº 12.965/14 (Marco Civil da Internet) and in the Decree 8.771/2016 – or to fulfill other applicable legal or regulatory obligations.Once the purpose or legal need is over, the data will be deleted through safe disposal methods or used anonymously for statistical purposes.The User and owners of personal data processed by the Company may request additional information regarding the deadline for the data processing and respective forms of disposal, having, to do so, to contact the DPO.
7. USER RESPONSIBILITIES AND STATEMENTSThe User declares and acknowledge that by entering data, including third party’s personal data, in the Platform (directly or through the insertion of documents containing such data): - has previously informed the respective data subjects and has taken every necessary measure to make the owners aware of the processing of their personal data by the Company; - in case of insertion of underaged individual’s personal data, has informed and obtained, previously, the consent of the parents or legal guardians regarding the data processing by the Company; - in case of insertion of third party’s sensitive personal data (racial or ethnic origin, religion, political opinion, union membership or any religious, philosophical or political organization, health or sex life data, genetic or biometric data, when linked to a natural person), has informed and obtained, previously, the consent of the owners of such data regarding the data processing by the Company; - the information stored in the Platform, including any eventual personal data, is complete and true, and that it does not violate any third-party rights. The User still declares that, when accessing the Platform, will be diligent, and will use the documents and information of other Users or third parties strictly for the authorized or reasonably expected purposes. If the statements above are not correct and / or the obligations assumed herein are not fulfilled, the User is fully responsible for any damages that the innocent Party may suffer. The User undertakes to be diligent and not to share his/her access password and login to the Platform with any third parties, as well as assumes responsibility for the activities that he/she executes in the Platform or for the information, including personal data, which he/she inserts into the Platform. The Platform access information must be processed as confidential and must not be shared. By confirming the registration in the Platform, the User declares to be fully aware that he/she will be the only responsible for the operations that are realized through the registered account, whose access will only be authorized through the provision a non-transferable personal password.In the event the Company is sued, at any time, due to facts or acts whose responsibility is attributed to the User under the terms of this Privacy Policy, the User shall: (a) intervene voluntarily in the event, requesting the immediate exclusion of the Company from the dispute, (b) assume full and exclusive responsibility for the payment and / or remedies claimed, and (c) fully compensate the Company for the costs and expenses incurred as a result of the demand. In case such exclusion is not executed, the User shall be liable for the payment and full compliance with the decision or, if applicable, shall immediately reimburse the Company.
8. SHARING OF INFORMATION The present Privacy Policy describes the situations in which the Users data, as well as third party’s data in any way inserted in the Platform by the Users, will be shared by the Company: Corporate Group: The Company may share their information with affiliates and companies of the same economic group, whenever such sharing is essential for the execution of the Platform services, compliance with legal obligations and/or User’s interest. Corporate reorganizations: As a result of any eventual corporate reorganization operations, change of control and/or transfer of assets, the Company may share or even transfer User information to individuals or legal entities involved. Service Provider: The Company may share their information with other companies, organizations or individuals who provide services in their name to, for example, investigate frauds, performance safety measures, etc. These companies shall receive permission to obtain only the necessary information to adequately provide the service and may be obliged to keep the confidentiality of such information. Whenever possible and compatible with the functionalities of the Platform, the information shall be provided to these third parties in order to preserve the anonymity of the Users. Fraud Prevention and Security: The Company may disclose or share their information if they believe, in good faith, that the access, use, conservation or disclosure of the information is reasonably necessary to (a) detect or prevent frauds, as well as to resolve technical or safety questions, and; (b) guarantee the safety of the Platform, Company, Users and third parties. In that case, the data and information may be shared with third parties responsible for the investigation, including judiciary bodies, authorities and information-technology or cybersecurity companies. Lawsuits and Investigations: The Companymay disclose or share information, including Users and third party’s personal data, with authorities and/or public organs, regulatory agencies, legal authorities (e.g. regional police stations), state companies, consumer defense agencies, judiciary and state bodies and/or lawyers in the following cases: (a) comply with any judicial decision or governmental request; (b) safeguard rights and prevent Company's responsibilities; (c) investigate, prevent or take measures related to the suspicion or real illegal activities or to cooperate with public bodies, e; (d) investigate possible violations of the rights of the Company and/or third parties. Complaint of legal or regulatory obligations: The Company may disclose or share information, including Users and third party’s personal data, to comply with legal obligations or any other determination before government or judiciary bodies, including, but not limited to, Ministries and/or Government Departments, federal autarchies, regulatory agencies and/or legal authorities (e.g. regional executive offices), consumer defense bodies and other judicial bodies. 9. AGENTS OF PROCESSINGAll and any company, public or private entity, authority, public or private body, agency and/or individual that acquires access to the personal data of Users and/or third parties, in accordance with the situations provided for in the chapter “Data Sharing”, will assume the position of Data Processing Agent and will be required, under applicable law and/or agreements signed with the Company, to adopt the best security and governance practices regarding the protection and processing of personal data that they have access to. 10. SAFETY OF YOUR PERSONAL SAFETY The safety of the information is very important to us. We follow the safety standards of the sector to assist in the protection of the information collected. However, there is no electronic storage method completely safe. THUS, ALTHOUGH WE MAKE AN EFFORT TO PROTECT THE INFORMATION COLLECTED, WE CANNOT GUARANTEE ABSOLUTE SAFETY.The Company will store the Users and third party’s personal data in a secure facility, compromising itself to adopt reasonable precaution measures in order to avoid non authorized losses, abuses, editing and/or accesses to the stored data.
11. LINKSThe User agrees not to hold the Company liable for losses, damages or other problems of any kind arising from the use of the sites that contain links to the Platform, or which links are available in the Platform, as well as he/she is aware that any interaction or negotiation with such sites does not involve, binds and / or obligates the Company. 12. CONTROL OF YOUR DATAThe Company will provide the necessary meanings for Users to access, correct, exclude or edit the data that have been inserted by them in the Platform, as well as for third parties, data subjects that was inserted in the Platform, to request the correction, deletion or editing of the respective personal data. The Users and data subject’s options are listed below: Confirmation of the existence of the processing: The User and the data subject may request the confirmation regarding the existence of a personal data processing. Access to the data: The User and the data subject may request a copy of the processed data, which will be made available readable and electronic format. Correction of incomplete, inaccurate or out-of-date data: In determined cases the User and the data subject may request updates, alterations or corrections of their data, especially if the respective data is incorrect or outdated. Anonymization, blocking or deletion: The User and the data subject may request the deletion of their data from the Platform and the Company’s backup not being necessary to present explanation of any kind, as well as they may request the deletion, blockage and/or anonymization of the respective data. Portability: The User and the data subject may request the transference of their data to another services/products provider. Information about sharing data: The User and the data subject may request information regarding public/private entities which the Company shared their data with. Information about the consent: The User and the data subject may request information regarding the possibility of not providing consent in specific situations, as well as the resulting consequences for not providing consent. Revocation of consent: For cases in which the User provided the Company with his/her consent regarding their personal data processing, the User may, at any time, revoke the provide consent. Channels to exercise your rights: To exercise the above listed rights the User or the data subject must direct his/her request to the DPO. The referred solicitation must contain: (a) the User qualification (full name, login and password) or the data subject qualification; (b) the specification of the measure which the User or data subject intend to use regarding their personal data, and; (c) if it is the case, the specification of the data that is the object of the request. Within 15 (fifteen) days, if the law does not establishes shorter period, the DPO will answer the User or data subject request: (a) communicating the attendance of the request; (b) presenting an explanation, if it is not possible to attend the request, or; (c) estimating a new deadline to attend the request and the justification regarding the extension of the deadline. In certain situations, the Company will have to maintain or will not be able to edit the personal data and, for that reason, will not be able to attend the requests made, even if the rules listed above (e.g. when the maintenance of the personal data is necessary to comply with legal obligations or any other determination before government or judiciary bodies) are respected. The User must immediately inform the Company, through the DPO, when the Company’s cooperation is necessary to edit, update, complement, correct or delete third party’s personal data that entered the Platform through the User. The User must provide all relevant information for the Company to take the necessary measure within a reasonable period. 13. CLAIM OF RIGHTSIf the User believes that the Platform or any content inserted therein violates its rights, including what concerns the processing of personal data, it may be submitted to the DPO. Nothing of what is provided in the Privacy Policy is intended to exclude or limit any condition, warranty, right or liability that cannot be legally excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for losses and damages. Consequently, only limitations that are permitted by law in your jurisdiction shall apply to you. IN CASES WHERE THE EXCLUSION OF LIABILITY IS NOT POSSIBLE, BUT THE LIMITATION OF LIABILITY IS LEGALLY APPLICABLE, THE TOTAL LIABILITY OF THE COMPANIES SHALL BE LIMITED TO R$ 2,000 (TWO THOUSAND BRAZILIAN REALS).
15. CHANGES, ENFORCEMENT AND VALIDITY OF THE CLAUSESAny waiver or alteration of the provisions of this Privacy Policy shall only be effective if submitted in writing and signed by the Company legal representative. If one clause of the Privacy Policy is annulled or considered inapplicable, the other clauses, whenever possible, shall remain valid and effective. The rights which are not expressly granted are reserved to the Company.The Company reserves the right to alter the Privacy Policy, as well as any other policy of the Platform, at any moment and at its own discretion. The alterations shall become effective at the moment of respective publishing in the Platform. The use of the Platform after publishing shall consist of acceptance of possible alterations of the Privacy Policy. Thus, we advise the users to read again the Privacy Policy whenever they access the Platform. If you do not agree with the Privacy Policy provisions and/or future versions of such policy, you may discontinue the use of the Platform.If there is any discrepancy between the content of this Privacy Policy and that contained in another document signed between the User and the Company, the content of the other document signed by the User shall always prevail.
16. APPLICABLE LAW AND JURISDICTIONAny litigation related to the Platform, respective products and services or this Privacy Policy shall be submitted to the courthouse of the Judicial District of São Paulo, State of São Paulo, Brazil, which shall prevail on any other, the most privileged it shall be, and shall be judged under the laws of the Federative Republic of Brazil.
17. QUESTIONS ANS CLARIFICATIONSQuestions, requirements, complaints and comments related to the Platform or related to the Privacy Policy may be submitted to the DPO.