Data Protection and Privacy Policy

Last Update: November 12, 2024]

Summary

  1. Objective and Applicability
  2. General Definitions
  3. Guidelines and Specific Definitions
  4. Data Collection and Processing
  5. Data Storage
  6. Data Sharing and Legal Hypotheses
  7. Data Subject Rights
  8. Updates
  9. Cookies
  10. Security
  11. Contact and Jurisdiction/Legislation

    1. Objective and Applicability

This policy aims to provide clear and objective transparency regarding how we handle personal data obtained from the general public through our website.

Accordingly, all FCamara employees must continually engage in actions and efforts to ensure equal protection and privacy for the data processed.

This Data Protection and Privacy Policy clarifies for the Data Subject what data is collected, how it is collected, how it is processed, how it is stored, whether it is shared with third parties, how long it is retained, and other essential information regarding personal data.

          2. General Definitions

We consistently dedicate our actions and efforts to ensure complete security and protection of personal data, as this is one of our priorities.

In this regard, all information and data collected in our environment are handled and stored responsibly and with integrity, in full compliance with the principles of laws and regulations applicable to data privacy and protection, with particular emphasis on the General Data Protection Law (LGPD) – Law No. 13,709/2018.

            3. Guidelines and Specific Definitions

Below are the definitions of some of the terms used in this document:

Personal Data Subject (User): All individuals who use or visit the Site/application, aged 18 or older, emancipated, and fully capable of performing civil life acts. This category also includes those who are absolutely/relatively incapable and duly represented or assisted. These are the individuals who provide their personal data.

Anonymized Data: Data relating to an individual that cannot be identified, considering the use of reasonable and available technical means at the time of its processing, and cannot be reversed to reveal personal data.

Personal Data: Information related to an identified or identifiable individual. Personal data can exist in any media or format, including electronic or computerized records as well as printed files.

It is worth noting that data related to work tools provided by the employer, such as business phone numbers, commercial mobile numbers, business addresses, and business email addresses, are not considered personal data.

Purpose: The objective that OmniK intends to achieve with each act of processing personal data.

Necessity: The justification for collecting personal data to achieve the intended purpose, avoiding excessive collection.

Legal Bases: The legal justification that legitimizes the processing of personal data for a specific purpose by OmniK.

Consent: Express authorization given by the User, the data subject, allowing OmniK to process their personal data for a particular purpose, in cases where the legislation requires the data subject's express authorization.

Cookies: The collection of data through automated technology for statistical purposes, such as analytical data indicating which links the user is most interested in, how long they stay on a page, etc.

By accessing and/or using OmniK's website, the User declares to provide:

  • True Information;
  • Their Own Personal Data;
  • Be at Least 18 Years Old and Have Full and Explicit Capacity

To accept the terms and conditions of this Privacy Policy and the Consent Agreement for all legal purposes.

If the User does not meet the above description and/or does not agree, even partially, with the terms and conditions set forth in this Privacy Policy, they should not access and/or use any services offered by OmniK.

             4. Data Collection and Processing

The User acknowledges that they provide information consciously and voluntarily through registration forms or via websites operated by OmniK.

When the User registers and/or fills out forms provided by OmniK, including on websites operated by OmniK, certain requested personal data will be kept confidential and used for the purposes defined below:

Collected Personal Data

Purpose of Use/Data Processing

Legal Basis

Consent

Full name, phone number, personal email, job title, and the name of the company where they work.

 

To access informational content about cookies, events, promotions, and relevant news, OmniK will require the User to provide their name, email, job title, and the company they work for.

OmniK will send marketing emails to users who provide this information and will also share it with its Partners so they can learn about relevant products and services.

Consent

I agree to provide my name, phone number, email, job title, and the name of the company I work for.

I am aware that the data I provide will be used internally for promotional purposes by OmniK and other companies within the Group it is part of. I agree to receive emails from them and their Partners, with the option to unsubscribe at any time.

Full name and email (Customer Service or inquiries via the email lgpd@fcamara.com.br).

If the data subject wishes to contact the Group or Partner, by any means (phone, in person, or via website), to request information.

Consent

I agree to provide my name and email so that the FCAMARA Group and OmniK can respond to my contact/request for information.

Through cookies:

Date; usage time; "clicks" on the page; language (BR/US); personal email;
"latitude" and "longitude": (Not Required);

"hubtenantsid": (Required) ID of the logged-in user; "refreshToken": (Required) Refresh token of the logged-in user; "token": (Required) Token of the logged-in user; "hub.estilo": (Required for whitelabel) Identifier for the whitelabel solution used by the client (company creating the solution);

Additionally: name, email, phone number, and IP address.

Access to the OmniK platform involves data collection through automated technology for statistical purposes (for example: which links the user is most interested in, how long they stay on the page).

They are analytical data for behavior, without direct identification.

Latitude and longitude data are not mandatory for provision but are used to record User events along with their geolocation.

The data is also used for the analysis of channels, campaigns, audiences, and advertisements,

After enriching user data through automations or interactions with the commercial team.

Analytical data for behavior, without direct identification, is considered anonymized data.

Data such as latitude and longitude are optional for sharing; however, once the user provides acceptance, the legal basis will be consent.

I agree to provide the aforementioned data to OmniK so they can access my data analytically and improve my experience as a User.

For media platforms that use anonymized statistical methods to identify audience interaction patterns, I agree and am interested in receiving contact or exclusive material for those registered on OmniK's website.

Some cookies are used to automatically fill in query fields when loading and/or reloading screens.

The User is responsible for providing their information, which will be considered their personal information and assumed to be true, in compliance with applicable legislation.

The Data Subject is also responsible for providing their personal data in an updated, accurate, and complete manner.

Under no circumstances will OmniK be responsible for the accuracy or updating of such information and personal data provided by the User. If a User provides incomplete or incorrect data and wishes to correct and/or update it, they must send an email to lgpd@fcamara.com.br, which will provide a response within up to 5 (five) business days, depending on the urgency.

OmniK will make every effort to request that Users regularly update their information and personal data stored with us. Accordingly, the User agrees in advance to receive emails regarding the need to update their data.

              5. Data Storage

OmniK may retain data subjects' information for a period compatible with the purpose for which the information was collected.

Additionally, data may be retained to prevent potential disputes related to processing or to ensure the exercise of due legal process, including obligations related to legal and regulatory audits, accounting, and statutory retention terms.

OmniK will store the collected information on its own servers or in the cloud, utilizing Microsoft security.

OmniK employs reasonable market-standard and legally required measures to protect the privacy of collected data. As such, it adopts the following precautions:

  1. When necessary, OmniK uses standard and market methods to encrypt and anonymize the data collected;
  2. OmniK has protections against unauthorized access to its systems;
  3. OmniK only authorizes access to predetermined individuals for locations where the collected information is stored;
  4. Those who come into contact with the information are committed to maintaining absolute confidentiality. Breaching this confidentiality will result in civil liability, and the responsible party will be held accountable under Brazilian law.

OmniK adopts its best efforts to preserve the privacy of Users' data. However, no website is entirely secure, and OmniK cannot fully guarantee that all information transmitted through the Pages will not be subject to unauthorized access by methods designed to improperly obtain information.

For this reason, we encourage Users to take appropriate measures to protect themselves, such as keeping all usernames and passwords confidential.

The data subject may request their rights via email at lgpd@fcamara.com.br, which will respond within up to 5 (five) business days, depending on the urgency.

              6. Data Sharing

OmniK may disclose Users' personal data in the following situations and within the limits authorized by law:

  1. For administrative purposes such as research, planning, service development, security, and risk management;
  2. For the purpose of delivering a service contracted with OmniK;
  3. When explicitly consented to by the User;
  4. When necessary to comply with a legal obligation, a determination by a competent authority, or a judicial decision.
In certain cases, OmniK may disclose the collected Personal Data to comply with applicable legislation or pursuant to a judicial or administrative order or subpoena. Legal disclosure may be carried out for the following purposes:
  1. Complying with the law;
  2. Investigating, preventing, or taking actions related to cooperation with public authorities or protecting national security;
  3. Contract enforcement;
  4. Investigating and defending against third-party claims;
  5. Protecting the security or integrity of the services 

              7. Rights of the Data Subject
In compliance with applicable regulations regarding the processing of personal data, OmniK respects and ensures that Users have the ability to submit requests based on the following rights:

(I) Confirmation of the existence of data processing;

(II) Access to their data;

(III) Correction of incomplete, inaccurate, or outdated data;

(IV) The anonymization, blocking, or deletion of unnecessary, excessive, or improperly processed data;

(V) The portability of their data to another service or product provider, upon the User's express request;

(VI) The deletion of data processed with the User's consent;

(VII) Obtaining information about the public or private entities with which OmniK has shared their data;

(VIII) Information about the possibility of withholding consent, as well as being informed about the consequences in the event of refusal;

(IX) The revocation of consent.

OmniK is available to address data subjects' rights through requests sent to the email address lgpd@fcamara.com.br.

Users who contact us to request the exercise of a right via the provided email address assume responsibility for the personal data they provide, being accountable for any damages in accordance with the applicable legislation.

The User acknowledges that the deletion of essential information required for the management of their account with OmniK will result in the termination of their registration, leading to the cancellation of the services and products provided. This will be subject to the rules and provisions outlined in the respective documents that governed the said relationship.

OmniK will make every effort to respond to such requests as promptly as possible.

              8. Updates

This policy may be revised at any time, as deemed necessary, at our discretion, as well as for the purposes of ensuring legal adequacy and compliance with its terms.

All changes will be considered valid, effective, and binding. Depending on the nature of the changes, we may notify you through announcements on our Websites, Applications, or via email. It is the User's responsibility to check the updated version of this Policy on our channels and, if desired, revoke their consent.

  • Cookies

In general terms, a cookie is a small text file that stores information on your electronic device, such as your computer, mobile phone, or other device. Its primary purpose is to enhance the user experience, particularly by adapting our websites, applications, and content to better meet the interests and needs of Users.

Additionally, cookies are used to optimize future activities and experiences with our products and services.

OmniK uses cookies to facilitate navigation and better adapt its pages to your interests and needs, as well as to compile information about the use of our websites and services, helping to improve their structure and content.

OmniK will use these records, commonly known as "logs," primarily for statistical purposes or to investigate fraud in registrations.

We will not share these records with Third Parties outside the Group unless there is authorization for such sharing. For example, this may include Partners and Clients of the Group whose content the User is interested in and consents to share their data.

Cookies can also be used to speed up your activities and enhance your future experiences on the Pages.

What do they do?

Types of Cookies

Necessary

These cookies help us understand how visitors interact with OmniK's pages by providing information about the areas visited, time spent on the site, and any issues encountered, such as error messages

Primary cookies, which are part of the essential cookies category, are files created by the site being visited and are essential for navigating the site and using its features. They store the personal data provided by the User (such as language preferences, display settings, and login information).

Performance

These cookies help us understand how the User interacts with our Sites, Applications, and their respective products and services, providing us with data such as visited areas, time spent on the site, and access errors, for example.

Functional

These cookies allow OmniK's Pages to remember the User's preferences, offering a more personalized experience, such as automatically filling out information.

Marketing

These cookies are used to provide more relevant and engaging content for Users.

They may be used to deliver better-targeted advertising and also enable the measurement of the effectiveness of an OmniK advertising campaign.

Additionally, these cookies can be used to indicate the pages within the Group and the websites the User has visited.

After the User consents to the use of cookies while using OmniK's Pages, a cookie will be stored on their device to remember this preference for the next session.

At any time, the User can revoke their consent regarding cookies by deleting OmniK's cookies using their preferred browser's settings.

For more information on managing cookies in browsers:

Finally, we remind you that if the User does not accept certain cookies from the Pages, some services may not function optimally.

  • Security

The information and data collected will be stored in compliance with OmniK's internal security and reliability standards, using technical and administrative measures appropriate to ensure privacy and personal data protection.

Additionally, it is important for Users to be aware that:

  1. We use robust and up-to-date technology to adopt technical processes for anonymizing your personal data when necessary.
  2. Only authorized individuals involved in our activities, based on the purposes outlined in this Policy, will have access to the physical or logical locations where personal data is stored, and, consequently, to the data itself.
  3. All our employees, third parties, and partners acknowledge and commit to the privacy and protection of personal data, agreeing under the penalties of law to handle and process personal data in accordance with the standards described in this Policy and applicable legislation.

We take all necessary measures to ensure the preservation of privacy and the protection of personal data. However, it is important to note that all information transmission processes are potentially subject to unauthorized access through methods such as viruses, database invasions, or technical failures.

In the unlikely and exceptional event of such a scenario, we will make every effort to implement our incident response and remediation plans, in full compliance with applicable legal and regulatory provisions.

  • Contact and Jurisdiction/Legislation

OmniK is available to respond to any questions or requests from data subjects via email at lgpd@fcamara.com.br.

This Policy will be governed, interpreted, and executed in accordance with the laws of the Federative Republic of Brazil, especially Law No. 13,709/2018, regardless of the laws of other states or countries. The Central Court of São Paulo, Capital, shall have jurisdiction to resolve any disputes arising from this document.