LGPD

Policy Compliance

Publication:

May 04, 2021

Effective date:

May 04, 2021

Last updated:

July 02, 2024

Note: The definitions of Controller, Processor, Data Protection Officer, and Processing, as well as CHECKMOB S/A's roles as Controller and Processor, are detailed in CHECKMOB S/A's Privacy Policy and should be consulted for the correct interpretation of this Compliance Policy.

CHECKMOB S/A's Obligations as a Personal Data Processor

CHECKMOB S/A, when acting as the OPERATOR of personal data processing, commits to processing information legally classified as personal data in compliance with applicable legislation, including, but not limited to, Brazilian Federal Law No. 13,709/2018 (General Data Protection Law), and will process personal data according to the client's instructions, as the CONTROLLER, and solely for the purposes defined by the Terms of Use and/or other documents regulating the relationship between the parties. CHECKMOB S/A shall not be held liable to the data subject, nor to the National Data Protection Authority, within the scope of any administrative and/or judicial proceeding, and the CONTROLLER must make the necessary efforts to exempt CHECKMOB S/A from any judicial or administrative proceeding that may be initiated;

Should CHECKMOB S/A incur any of the aforementioned proceedings, its right of recourse against the CONTROLLER is reserved, without prejudice to the reimbursement of expenses arising from the process, in addition to other measures, such as third-party notice, resulting from any eventual personal data violation attributed to it.

Right to refuse irregular processing

CHECKMOB S/A reserves the right to refuse, upon formal written notification, any operation ordered by the CONTROLLER that involves the processing of personal data in non-compliance with current personal data protection regulations. Therefore, we also have the right to refuse the processing of personal or sensitive data if we independently identify that the use of the platform is non-compliant with our Terms of Use.

Sharing with Service Providers, Business Partners, and Others

Additionally, in some specific situations, CHECKMOB S/A may share your personal data.

If this occurs, the hypotheses and purposes will be listed below:

CHECKMOB S/A may:

  • Share your contact information with our trusted business partners, who may contact you regarding their own products or services that may be relevant to you; and
  • Share your Personal Data with other partners for the purpose of providing the SOFTWARE to you, except when you already have a signed software subscription agreement with us.

If we do so, such business partners and other third parties will be required to keep your information confidential and adopt the same procedures and levels of protection as CHECKMOB S/A.

We may also store Personal Data in locations outside CHECKMOB S/A's premises (e.g., on servers or databases co-located with hosting providers).

Compliance with Laws and Law Enforcement Requests and Protection of CHECKMOB's Rights

CHECKMOB S/A may disclose your Personal Data if required by law or subpoena, or if we believe it is reasonably necessary:

  • To comply with a law, regulation, or legal request;
  • To protect the safety of any person;
  • To address fraud, security, or technical issues; or
  • To protect the rights or property of CHECKMOB S/A.

Anonymized Data

We may disclose some information, generally aggregated, with interested third parties to help them understand the usage patterns of certain CHECKMOB S/A services.

The information shared for this purpose is not considered Personal Data under the LGPD, as it does not allow for the identification of a Data Subject.

Legal notice

We are not responsible for the practices employed by websites linked to CHECKMOB S/A, nor for the information or content contained therein.

Remember that when you use a link to go from CHECKMOB S/A to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our site, is subject to the rules and policies of the website you are accessing.

Questions

If you have any questions about this Compliance Policy, please contact us at dpo@checkmob.com.