Privacy Policy
Smartwaiver – Brazil Supplemental Privacy Notice
Effective Date: January 1, 2023
This Brazil Supplemental Privacy Notice (“Brazil Privacy Notice”) describes how SW Development, LLC and its affiliates and subsidiaries (“Company,” “we,” “us” and “our”) collects and processes “personal data” as defined by Brazilian Data Protection Law (“LGPD”), including through your visits to all of the websites and mobile applications we operate (collectively, the “Site”), our legal basis for processing personal data, and certain rights you may have under the LGPD relating to your personal data. This Brazil Privacy Notice supplements our Website Privacy Policy, located at Smartwaiver Privacy Policy (“Website Privacy Policy”) and applies to our processing of personal data of individuals in Brazil.
1. DATA CONTROLLER
With respect to “personal data” as defined by the LGPD, the responsible controller is Company.
Please note that we also act as processors for our customers and maintain, store and/or process the personal data of our customer’s constituents and clients on our customers’ behalf when our customers use our Services (as defined below). Such information is not subject to this Brazil Privacy Notice and is instead subject to the privacy policies of our customers.
2. CONTACT DETAILS:
Any inquiries related to this Brazil Privacy Notice, or any other privacy-related inquiry, should be sent to legal@togetherwork.com.
3. PROCESSING OF PERSONAL DATA
We collect personal data when you visit and use our websites and mobile applications (collectively, the “Site”), as well as when you purchase and/or use our products (the “Services”). We may collect the following types of information and process and share such information to provide the Site and the Services to you. We may also process and share such information in the following ways:
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Categories of Personal Data Collected
Purposes of Processing
Legal Basis for Processing
Categories of Recipients
First name, last name, address, email address, phone number, organization/company name, organization/company website
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to provide the Site to you and to improve the Site;
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to provide, operate, improve, and personalize our Services, and to give each user a more consistent and personalized experience when interacting with us;
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to register your account;
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to determine trends in consumption of our Services and determine where our Services may be in demand;
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to provide you with information about our Services that we think may be of interest to you;
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to provide you with updates about our Services and with transactional information;
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for customer service and/or support, security (including for authentication purposes), to detect fraud or illegal activities, and for archival and backup purposes in connection with the provision of the Site;
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for analytics purposes;
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to fulfil your requests, such as those related to ordering and payment;
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to communicate with you, including through the chat function on the Site;
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to enforce our Privacy Policy or other applicable policies;
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to comply with applicable laws or respond to a subpoena, regulation, binding order of a data protection agency, legal process, governmental request or other legal or regulatory process;
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to enforce our rights, protect our property or protect the rights, property or safety of others;
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as needed to support external auditing, compliance and corporate governance functions.
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Performance of Contract. We may use your information to perform our contractual services or prior to entering into an agreement with you. If you use the Site or if you contact us to request the Services, we use your information to provide to you the features and functionality of the Site and the Services, including for customer service.
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Legitimate Interest. We may use information for our legitimate interests, except where such interests are overridden by your interests or fundamental rights and freedoms. For instance, we may use your personal data to contact you and respond to your requests and inquiries, to administer our business including by creating statistical analyses, to identify prevent and detect fraud or to pursue or defend ourselves against legal claims.
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Consent. We may use your information with your consent. In these instances, we will ask you to grant us consent to use your information. You are free to grant or deny permission. If you deny permission, we will not be able to process your information to conduct the activity to which the consent relates. For example, we will not be able to send you marketing materials that you request. You are also free to withdraw your consent at any time. A withdrawal of consent will not effect processing that has been completed during the time in which the consent was valid. If you have granted us consent to use your information, we will use it only for the purposes specified when we request your consent. This includes use for our marketing campaigns.
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Fulfillment of Legal and Regulatory Obligations. We may use your information to comply with our legal obligations. To comply with regulations, laws or any authority requests, we may disclose your information to authorities or other officials or otherwise process your information pursuant to legal obligations we are subject to (e.g., retain certain information according to tax or commercial laws, respond to your requests to exercise your rights under the LGPD).
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With Third Party Service Providers Performing Services on Our Behalf. We may share your personal information with our service providers to perform the functions for which we engage them. For example, we may use third parties to host the Site or assist us in providing functionality on the Site, provide analytics on the Site, provide a chat function on the Site, provide marketing and advertising services for us, to send out emails on our behalf or process payments.
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With our Affiliates and Subsidiaries. We may share your information with our family of brands and corporate affiliates (e.g., parent company, sister companies, subsidiaries, joint ventures or companies under common control) for our internal business purposes. However, if we do so, their use and disclosure of your personal data will be subject to this Brazil Privacy Notice.
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For Legal Purposes. We also may share information that we collect from users as needed to enforce our rights, protect our property or protect the rights, property or safety of others, or as needed to support external auditing, compliance and corporate governance functions. We will disclose personal data as we deem necessary to respond to a subpoena, regulation, binding order of a data protection agency, legal process, governmental request or other legal or regulatory process. We may also share personal data as required to pursue available remedies or limit damages we may sustain.
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Corporate Changes. We reserve the right to transfer or assign the information that we have collected from users in connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
E-mail address
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to provide you with information about our Services that we think may be of interest to you;
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to provide you with updates about our Services and with transactional information;
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for customer service and/or support, security (including for authentication purposes), to detect fraud or illegal activities, and for archival and backup purposes in connection with the provision of the Site;
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to communicate with you;
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to enforce our Website Privacy Policy, this Brazil Privacy Notice or other applicable policies;
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to comply with applicable laws or respond to a subpoena, regulation, binding order of a data protection agency, legal process, governmental request or other legal or regulatory process;
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to enforce our rights, protect our property or protect the rights, property or safety of others;
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as needed to support external auditing, compliance and corporate governance functions.
First name, last name, e-mail address, phone number, financial information
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to fulfil your requests, such as those related to ordering and payment;
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for customer service and/or support, security (including for authentication purposes), to detect fraud or illegal activities, and for archival and backup purposes in connection with the provision of the Site;
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to fulfil your requests, such as those related to ordering and payment;
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to communicate with you, including through the chat function on the Site;
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to enforce our Website Privacy Policy, this Brazil Privacy Notice or other applicable policies;
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to comply with applicable laws or respond to a subpoena, regulation, binding order of a data protection agency, legal process, governmental request or other legal or regulatory process;
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to enforce our rights, protect our property or protect the rights, property or safety of others;
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as needed to support external auditing, compliance and corporate governance functions.
Account credentials (i.e., username and password)
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to provide, operate, improve, and personalize our Services, and to give each user a more consistent and personalized experience when interacting with us;
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to register your account;
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to provide you with updates about our Services and with transactional information;
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for customer service and/or support, security (including for authentication purposes), to detect fraud or illegal activities, and for archival and backup purposes in connection with the provision of the Site;
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to fulfil your requests, such as those related to ordering and payment;
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to communicate with you, including through the chat function on the Site;
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to enforce our Website Privacy Policy, this Brazil Privacy Notice or other applicable policies;
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to comply with applicable laws or respond to a subpoena, regulation, binding order of a data protection agency, legal process, governmental request or other legal or regulatory process;
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to enforce our rights, protect our property or protect the rights, property or safety of others;
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as needed to support external auditing, compliance and corporate governance functions.
IP address, unique device identifier
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to provide the Site to you and to improve the Site;
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to give each user a more consistent and personalized experience when interacting with us;
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to determine trends in consumption of our Services and determine where our Services may be in demand;
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for security and to detect fraud or illegal activities and for archival and backup purposes in connection with the provision of the Site;
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to help us understand how visitors interact with the Site and analyze technical and navigational information about the Site;
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to help deliver advertisements that are relevant to you and your interests and measure the effectiveness of our advertising campaigns;
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for analytics purposes;
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to enforce our Website Privacy Policy, this Brazil Privacy Notice or other applicable policies;
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to comply with applicable laws or respond to a subpoena, regulation, binding order of a data protection agency, legal process, governmental request or other legal or regulatory process;
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to enforce our rights, protect our property or protect the rights, property or safety of others;
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as needed to support external auditing, compliance and corporate governance functions.
Cookie information, including but not limited to browser type, type of operating system, device type, access times and dates, geographic location, referring website addresses, internet service provider, browsing history, search queries, other technical information such as protocol status and substatus, bytes sent and received, and server information
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4. Cookies and Other Information Collection Tools
As discussed in our Website Privacy Policy, we may use cookies on our Site to enhance user experience on, and improve, our Site, to analyze usage information relating to our Site, and for digital advertising purposes. For a complete list of the cookies we use, please visit our Website Privacy Policy. We use Google Analytics to help analyze how users use the Site and to optimize the Site experience. If you would like to opt-out from the use of your information by Google Analytics, you may use Google Analytics opt-out browser add-on designed for this purpose.
We will request consent in compliance with applicable law to use certain types of cookies when you visit our Site. You may also manage your cookie preferences through our cookie preference tool available here. Although users are not required to accept cookies or mobile device identifiers, blocking or rejecting them may prevent access to some features available through the Site.
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5. CROSS-BORDER TRANSFERS
All personal data we collect through the Site is currently processed in the United States by us or by a party acting on our behalf. When you provide personal data to us through the Site, you consent to the transfer of your data to, and processing of your data in, the United States. The Site is currently hosted in the United States. We will transfer your personal data to the United States through the use of appropriate safeguards as required by the LGPD.
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6. RETENTION
We will retain your information for as long as necessary to fulfill the purpose for which it was collected, or as required by applicable laws or regulation.
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7. DATA SUBJECT RIGHTS
Under the LGPD, you have the following privacy rights, which you may exercise by contacting us at legal@togetherwork.com with “LGPD Request” on the subject line and in the body of your message. If you are a constituent or client of one of our customers, please submit your requests to exercise your rights directly to such customer.
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- Right of Access. You have the right to obtain confirmation as to whether your personal data is being processed, as well as access to the personal data along with certain information, including the purposes of the processing, the categories of personal data concerned and the recipients or categories of recipients to whom the personal data have been or will be disclosed.
- Right to Rectification. You have the right to rectify your inaccurate personal data and to complete any incomplete personal data.
- Right to Erasure or Right to be Forgotten. You have the right to erase your personal data under certain circumstances.
- Right to Anonymization, Blocking or Deletion. You have the right to anonymization, blocking or deletion of unnecessary or excessive data or data processed in noncompliance with the provisions of the LGPD.
- Right to Object. You have the right to object to our processing of your personal data carried out based on one of the situations of waiver of consent, if there is noncompliance with the provisions of the LGPD.
- Right to Data Portability. Under certain circumstances, you have the right to transmit your personal data to other service providers or product providers.
- Right to Withdraw Consent. If you have provided us with your consent for the processing of your personal data, you may withdraw your consent at any time to stop any further processing.
- Right to Petition. You have a right to petition with the national authority if you believe that our processing of your personal data violates the LGPD.
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8. DATA SECURITY
We employ technical and organizational security measures designed to protect the security of information submitted through the Site and/or the Services. However, the security of information transmitted through the Internet can never be guaranteed. We are not responsible for any interception or interruption of any communications through the Internet or for changes to or losses of data. Users of the Site are responsible for maintaining the security of any password, user ID or other form of authentication involved in obtaining access to password protected or secure areas of any of our Site. In order to protect us, you and your data, we may suspend your use of the Site, without notice if any breach of security is suspected. Access to and use of password protected and/or secure areas of the Site are restricted to authorized users only. Unauthorized access to such areas is prohibited.
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9. LINKS TO OTHER WEBSITES AND ONLINE SERVICES
The Site may contain links and widgets related to third-party websites and online services, such as social networks (a “Third-Party Service”), with which we have no affiliation. A link to or other availability of any Third-Party Service does not mean that we endorse it, or the quality or accuracy of information presented on it. If you decide to visit a Third-Party Service, you are subject to the privacy notices and practices of the third party that operates the Third-Party Service and not this Brazil Privacy Notice. We encourage you to carefully review the legal and privacy notices of all other digital services that you visit.
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10. EFFECTIVE DATE AND CHANGES TO BRAZIL PRIVACY NOTICE
The Effective Date of this Brazil Privacy Notice is set forth at the top of this webpage. We may change this Brazil Privacy Notice from time to time in our discretion. Such changes to this Brazil Privacy Notice may be required to reflect enhancements to our Site and may therefore affect the collection, retention and use of personal data. Changes will be posted to this webpage. We encourage you to return to this webpage frequently so that you are aware of our current privacy practices. The amended Brazil Privacy Notice supersedes all previous versions.