PRIVACY POLICY AND TERMS OF USE

WE TAKE YOUR PRIVACY AND THE SECURITY OF YOUR DATA SERIOUSLY, WE DO :D

Last updated on: July 31, 2024

Thank you for accessing our digital platforms. We are committed to protecting your privacy. This Privacy and Data Protection Policy describes how we collect and use your personal information in connection with our websites, communications, relationships, and customer service via WhatsApp, SMS, applications, products, services, events, and experiences (collectively, “offerings”) to which the terms of this Privacy Policy apply.

BY ACCESSING AND/OR USING ANY OF OUR OFFERINGS, YOU CONFIRM AND DECLARE THAT: (i) YOU HAVE READ, UNDERSTOOD, AND ACCEPTED THIS PRIVACY POLICY; (ii) YOU ARE OVER 18 YEARS OF AGE (OR YOU ARE A PARENT OR LEGAL GUARDIAN WITH AUTHORITY TO AGREE TO THIS PRIVACY POLICY ON BEHALF OF A MINOR USER OF OUR OFFERINGS); (iii) IF YOU ARE ACTING ON BEHALF OF YOUR EMPLOYER OR AN ENTITY, YOU HAVE THE AUTHORITY TO ACCEPT AND AGREE TO THIS PRIVACY POLICY.

You should not access or use our offerings if you do not agree with the terms of this Privacy Policy. Use of our offerings constitutes consent to the terms of this Privacy Policy. This Privacy Policy also does not apply to any product, service, website, or content offered by third parties or that has its own privacy policy. Our digital platforms and applications may contain links to other websites. We are not responsible for the privacy policies and/or practices of other websites. This Privacy Policy governs only the information collected through interaction with our offerings of PACTO SOLUÇÕES TECNOLÓGICAS.

You must also be aware of and accept our Terms and Conditions of Use (published on our digital platforms), which include our rules for acceptable use of the services and content published on our digital platforms (websites and applications), as well as your rights, obligations, and restrictions regarding the use of the services. In addition, in some cases where you use our services, content, or other materials, whether current or future, you may also be subject to a Customer Agreement or other agreement (contract) that governs, in particular, obligations in situations where you and/or the company or institution you represent is a data controller.

Here you will find access to the following topics:

  • Personal information we collect

  • How we use personal information

  • Cookies

  • How we share personal information

  • Handling of personal information

  • Processing of personal information

  • Retention of personal information

  • Location of personal information

  • How we safeguard information

  • Online advertising and third parties

  • Access and choice

  • Interest-based advertising

  • Advertising preferences

  • Children’s personal information

  • Your rights

  • Examples of information we collect

  • Contact us

Personal information we collect

By using our platforms, or otherwise establishing contact or having any experience with our offerings, whether free or paid, you expressly consent to our storage and processing of your information as deemed appropriate for the provision of our services and based on legitimate interest, as provided by law and this policy. Below are the types of information we collect:

Information you provide to us: We may collect data you provide during registration or when completing forms, such as first and last name, age, gender, physical health assessment data (such as height, weight, skinfold measurements, heart rate, medical history, among others related to anamnesis), physical training records, mailing address, email address, payment information, other online contact information or phone number, photos, digital and facial biometrics, and other information required during registration or linked to media used with login, and/or other information collected automatically, such as IP address and location. For more information, see the section “Examples of information we collect.”

Information from other sources: We may collect information about you from other sources, including service providers, partners, and publicly available sources. For more information, see “Examples of information we collect from other sources.”

How we use personal information

We use your personal information to operate, provide, and improve our offerings. Our purposes include:

Providing our offerings, and those of business partners or third parties that may add value to you: We use personal information to provide and deliver our offerings and to process transactions related to them, including registrations, subscriptions, purchases, and payments. We may use personal information to provide, personalize, evaluate, and improve our advertising and marketing, including to:

  • Send you promotional, marketing, advertising messages and other information that may be of interest to you based on your preferences (including information about us or services and campaigns of a partner) and advertisements on social media platforms such as Facebook, Google, Instagram, and others;

  • Personalize, measure, and improve our advertising;

  • Administer referral programs, rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by us or our third-party business partners;

  • Determine your characteristics and preferences (based on information you provide, your interactions with our platforms, information obtained from third parties, and your search history) to send you promotional, marketing, advertising, and other information we believe may be of interest to you;

  • Note that subscribing to an email list does not affect the frequency of administrative emails we may send in connection with any of your accounts; and

  • Invite you to relevant events and opportunities (for example, when you share your experience using our services, we may use the information provided to contact you to invite you to relevant events).

We process your personal information for the purposes listed above based on our legitimate interest in carrying out marketing activities to offer offerings that may be of interest to you. You may opt out of receiving our marketing communications by following the unsubscribe instructions included in our communications.

We use your personal information to improve, develop, measure usage, analyze performance, correct errors in our offerings/services, and provide support.

We use facial data for certain services, such as granting access to fitness facilities contracted to use our software services. These data will be collected and stored while the relevant contract is active and will remain stored for up to 180 days after termination.

Recommendations and personalization: We use personal information to recommend offerings that may be of interest to you, identify your preferences, and personalize your experience.

In certain cases, we have a legal obligation to collect, use, or retain personal information. For example, we collect bank account information from suppliers in our Pacto Store for identity verification purposes.

When you submit payment data, we may collect information about the purchase or transaction, including payment information such as credit or debit card details, account and authentication information, and billing data such as full address, CPF, and CNPJ.

We use personal information to communicate with you regarding our offerings through different channels (for example, phone, email, chat, SMS) and to respond to your requests. When you log into the platform, we collect your email for registration purposes and for communications regarding platform updates, promotions, and account management.

We use personal information to market and promote our offerings and may display interest-based advertisements for our offerings or those of business partners or third parties.

We use personal information to prevent and detect fraud and abuse and to protect the security of our customers, ourselves, and third parties. We may also use scoring methods to assess and manage credit risk. We may use personal information to create and maintain a reliable and secure environment, including to:

  • Conduct security investigations and risk assessments;

  • Verify or authenticate information or identification you provide (such as verifying your address or comparing your identification photo with another photo you provide);

  • Conduct checks against databases and other information sources, including criminal background checks, to the maximum extent permitted by applicable law and with your consent where required;

  • Comply with legal obligations, including tax obligations;

  • Resolve disputes and enforce our contracts with third parties;

  • Enforce our Terms of Service and/or Terms of Use and other policies.

In connection with the above activities, we may create profiles based on your interactions with our platform, your profile information, other content you submit, and information obtained from third parties. In limited cases, automated processes may restrict or suspend access to our platform if they detect activities we believe pose a security or other risk. If you contest a decision based on automated processing, please contact us as described in the “Contact us” section.

We process this personal information based on our legitimate interest in protecting our platform, assessing proper performance of our contract with you, and complying with applicable laws. We may also request your consent to use personal information for a specific purpose, which will be communicated to you.

Cookies

To enable our systems to recognize your browser or device and to provide our offerings, we record data about your visit to the platform through cookies and other tracking technologies, including your IP address and domain name, browser and operating system version, online traffic data, location data, web logs, and other browsing data. For more information, please read our Cookie Notice.

How we share personal information

Information about our customers is an important part of our business. We do not sell our customers’ personal information to third parties.

Third-party operations: We make third-party services, software, and content available for use in or through our offerings. You will be informed when a third party is involved, and we share information related to those operations with that third party. For example, you may request services, software, and content from vendors via the Pacto Store, and we provide those vendors with information to facilitate subscriptions, purchases, or support.

Third-party service providers: We engage other companies and individuals to perform services directly or indirectly for you, such as hardware delivery, communications, payment processing, credit and compliance risk assessment, data analysis, marketing and sales assistance (including advertising and event management), customer relationship management, and training. These service providers have access only to the personal information necessary to perform their functions and must process it in accordance with this Privacy Policy and applicable data protection law.

Authorized partners and affiliates: Our authorized partners and group companies, as well as third parties such as payment service providers, representatives, and specialized consultants engaged for administrative, financial, legal, security, installation, research, and other services, may access personal information necessary to perform their functions, subject to the same restrictions and obligations.

As our business evolves, we may sell or acquire businesses or services. In such transactions, personal information is typically among the transferred assets but remains subject to existing privacy commitments unless consent is obtained otherwise. In the event that Pacto Soluções Tecnológicas is acquired or substantially all of its assets are acquired, your information will be among the transferred assets.

We disclose account and other personal information when we believe disclosure is necessary to comply with the law, enforce our terms and other agreements, or protect the rights, property, or safety of ourselves, our customers, or third parties, including exchanging information to prevent and detect fraud and reduce credit risk.

In compliance with the law and legal requirements, to prevent harm and protect our rights, we may disclose your information, including personal information, to courts, law enforcement, governmental authorities, or authorized third parties as necessary or permitted by law.

Where appropriate, we may attempt to notify you of such legal requests unless prohibited by law or court order or where notification would be ineffective.

At your option: Except as described above, you may be notified when personal information about you is shared with third parties and given the opportunity to opt out.

Handling and processing of personal information

All data you provide is processed solely for the purposes listed herein and stored on secure servers of ours or contracted providers, accessed and used in accordance with our security policies. All traffic between your device and our servers is encrypted using SSL or similar secure protocols.

Access to your profile is your sole responsibility through a password or other chosen method. You are responsible for keeping this information confidential.

The security of devices you use to access our services is your responsibility.

Legal bases for processing

We process personal information based on one or more of the following legal grounds:

  • As necessary to enter into or perform contracts with you;

  • Based on our legitimate interests;

  • As required to comply with applicable law; or

  • With your consent.

Retention of personal information

We retain personal information for as long as necessary to fulfill the purposes described herein or as required by law. Retention periods vary by purpose, and we delete information in accordance with applicable law.

Location of personal information

We are located in Brazil, State of Goiás, city of Goiânia. Your information may be stored or accessed in other regions or countries, always with appropriate safeguards.

Security measures

We protect your information during transmission using encryption, comply with PCI DSS standards for payment card data, and maintain physical, electronic, and procedural safeguards.

Online advertising and third parties

Our offerings may include third-party advertising and links. Third-party advertisers may collect information when you interact with their content. See “Interest-based advertising” for more details.

Access and choice

You may view, update, and delete account information. You can manage communication preferences, advertising preferences, cookie settings, and notifications through available settings or by contacting us.

Interest-based advertising

We display personalized advertising based on your interactions, using cookies and similar technologies, in accordance with applicable consumer protection laws.

Advertising preferences

You may opt out of interest-based advertising. You will still see ads, but they will not be personalized.

Children’s personal information

We do not offer our offerings for purchase by children. Users under 18 may only use our offerings with parental or guardian involvement.

Your rights

Subject to applicable law, you have the right to access, correct, delete, restrict, object to processing, request portability, and withdraw consent. You may contact us or our Data Protection Officer at dpo@pactosolucoes.com.br, or file a complaint with Brazil’s ANPD.

Examples of information we collect

(Examples include registration data, payment information, usage data, biometric data, automatic data such as IP address and cookies, and information from other sources such as marketing partners and credit agencies.)

Contact us

If you have privacy concerns, contact us at:

Rua C-200, No. 240, Jardim América, Goiânia – Goiás – Brazil

Email: dpo@pactosolucoes.com.br

Our business and this Privacy Policy may change over time. Please check our website periodically for updates.