LGPD

Privacy Policy

Published:

May 04, 2021

Effective date:

May 04, 2021

Last updated:

July 02, 2024

Introduction

This Policy outlines the essential details regarding your personal data on our platform. The conditions governing its use are defined in the Terms of Use document (“Terms of Use”), the full content of which can be accessed via the provided link. For a precise understanding and interpretation of the rights and obligations set forth in this Policy, the term “CHECKMOB S/A” refers to the private legal entity, registered under CNPJ/MF number 18.833.678/0001-10.

Conversely, the term “SOFTWARE” should be understood as the online system and mobile application developed by CHECKMOB S/A and exclusively owned by it.

As a user, you may access the SOFTWARE in the following ways:

  • through free access exclusively for testing purposes; or
  • through a Software as a Service (SaaS) contract, where you will subscribe to one of the available packages offered by CHECKMOB S/A; or
  • through access provided by the administrative user of the company for which you provide services, are a freelancer, or a client.

Regardless of how you access our services, please be aware that you will always be subject to this Privacy Policy. Each user will be responsible, under the terms of the Law, for actions performed on the platform, exempting the company for which you work or provide services from liability for misuse.

The purpose of this policy

  • To ensure you understand the reasons why we collect and use your personal data, and how it is shared;
  • To explain how we use your personal data to provide you with an excellent SOFTWARE user experience; and
  • To explain your rights and choices regarding the personal data we collect and process, and how we protect your privacy.

Definitions

For the purposes of this document, some concepts will be used based on the definitions introduced by the General Data Protection Law (LGPD); therefore, the expressions below, when necessary, should be interpreted as follows:

Controller: A controller can be classified as a “natural or legal person, public or private, who is responsible for decisions regarding the processing of personal data”;

Processor: If the controller wishes for a third party to carry out data processing, a processor must be hired: “a natural or legal person, public or private, who processes personal data on behalf of the controller”;

Data Protection Officer (DPO): The person appointed by the controller to act as a communication channel between the controller, data subjects, and the National Data Protection Authority;

Processing: any operation performed on Personal Data, whether automated or not, i.e., the collection, production, reception, classification, use, access, reproduction, transmission, distribution, processing, storage, archiving, elimination, evaluation or control of information, modification, communication, transfer, dissemination, or extraction.

When, how, and why do we collect your personal data?

Initially, it's important to highlight that CHECKMOB S/A, in performing its functions, will sometimes act as both a Data CONTROLLER and a Data PROCESSOR of personal data simultaneously.

CHECKMOB S/A will act as a CONTROLLER whenever it processes personal data of its own employees, administrative users (the person responsible for the contracting company), and the contracting company itself, while also acting as a PROCESSOR whenever its clients or other users add data, images, recordings, and other information they deem necessary for the execution of the purposes defined in the contract.

To know exactly what data CHECKMOB S/A processes as a controller, please refer to the table. To know exactly what data CHECKMOB S/A processes as a processor, please refer to the table.

CHECKMOB S/A uses the information it collects to operate, maintain, and provide the features and functionalities of the service, to analyze how the service is used, diagnose technical problems, maintain security, personalize content, remember information to help you efficiently access your account, monitor aggregated metrics such as total visitors, traffic, and demographic patterns, and track content and users to provide the service more effectively.

Data we collect

a) Provided by users to CHECKMOB S/A, as the CONTROLLER:

Account Information:
We collect data when users create or update their accounts on our SaaS platform or through other marketing processes.

This includes user name, email, CPF (Brazilian individual taxpayer registry identification), phone number, date of birth, residence, country, job title, account credentials, and data related to technical support.

We collect and process this data when the administrator user, responsible for the contracting company, performs the initial registration to enable the use of the SOFTWARE, either by themselves or by users authorized by them.

If you are an independent user who chose to access the SOFTWARE through the free trial period, your data will be collected for the same purposes mentioned above.

Data Provided During Contract Execution:
During the execution of the contract, as the CONTROLLER, our clients (or the users registered by them) may provide data or files related to the provision of the service, such as files with information necessary for system implementation, configurations, specialized services, or other support actions.

This data is the property of the client, and CHECKMOB S/A, as the controller, will never access the content of this information without express authorization or unless you request specialized technical support.

Usage Data:
Usage data is collected specifically to provide you with a better SOFTWARE user experience and for sending commercial or marketing messages exclusively by CHECKMOB S/A.

Usage data includes:

  • Information about your interactions with the SOFTWARE (metadata);
  • Online identifiers, including cookie data and IP addresses;
  • Information about the types of devices you use, such as network connection type (e.g., Wi-Fi, 3G, LTE, Bluetooth), network and device performance, browser type, language, operating system, and SOFTWARE application version;
  • Your location, which may be detected or inferred from certain technical data (e.g., your IP address or your device's language settings), to provide personalized content and advertising exclusive to CHECKMOB S/A.

Payment and Purchase Data:
We may collect certain personal data when you sign up for a Trial Period or acquire Paid Subscriptions.

The exact personal data collected will vary depending on the payment method, but will include information such as: name, date of birth, credit or debit card type, expiration date and certain digits of your credit card number; postal code; mobile phone number; and details of your purchase and payment history.

b) Data created and provided by users during the use of the SOFTWARE for the purpose of fulfilling the contractual object

Client Operation Data (Controller):
In this case, CHECKMOB S/A acts as the OPERATOR, serving as a means (processor) for handling information shared by its clients (controllers).

The data maintained is used to fulfill the activity object of the subscription agreement between CHECKMOB S/A and the contracting party.

In this case, examples include: photographs, addresses, registrations, general documents, etc.

This means that CHECKMOB S/A does not have access to the content of the data entered or collected during the use of the SOFTWARE.

User Location Data in Foreground and Background in the App:
CHECKMOB S/A's SOFTWARE is a productivity solution for managing external teams.

Thus, to generate value for its users and clients, the SOFTWARE collects and manages location data for items associated with service provision, such as clients, activities, and also for users who use the mobile application to perform their work.

It is important to note that the SOFTWARE operates within a professional corporate context, where the relationship between users and SOFTWARE contractors is defined as professional.

The use of location in our application is precise and necessary to consolidate security between the user and manager, in addition to allowing the optimization of task assignment in the field.

Various features exist to notify and link the user's location to an activity, providing the benefit and assurance of the location where the activity was performed.

Therefore, user permission is required for foreground location access when necessary.

The SOFTWARE also offers a feature called “Operations Map,” dedicated to visually managing external operations.

For its correct functioning, the feature requires all app users to allow location sharing in both foreground and background, giving the manager autonomy to create activities based on the user's most recent location.

Given the importance of user privacy, it is important to emphasize that:

  • Only the user's last location is stored.
  • Location is only collected during working hours defined by the contracting company, which is transparent to the user in the app.
  • It is not possible to request or send the location outside of defined working hours.
  • Background location is for the restricted and exclusive use of CHECKMOB S/A's SOFTWARE, and is never used for advertisements, shared with third parties, or for external use.
  • The user's location is sent periodically at an interval of 2 to 5 minutes.
  • On the app's main screen, the user can clearly see the time of the last location sent.
  • The user provides consent when installing and logging into the app.

Users can disable background location sharing from the app. The SOFTWARE administrator user simply needs to disable the “Operations Map” feature. However, once disabled, managers and users will lose the benefits associated with the feature, such as:

  • Creation of planned activities based on the user's recent location.
  • Viewing clients near the user's recent location.
  • Optimizing user time and travel in the field based on their recent location.
  • Comprehensive map view showing all users in the field.

Cookies and tracking technologies

Cookies:

When you use CHECKMOB S/A's communication or product tools, we may send one or more "cookies" – a small data file – to your computer to uniquely identify your browser and allow CHECKMOB S/A to help you log in faster, improving your site navigation.

A cookie can transmit anonymous information to us about how you browse.

A persistent cookie remains on your hard drive after you close your browser, so that it can be used by your browser on subsequent visits.

Persistent cookies can be removed by following your browser's instructions.

A session cookie is temporary and disappears after you close your browser.

You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent.

However, some features may not function properly if the cookie acceptance function is disabled.

Log Files:

When you use the SOFTWARE, our servers automatically record certain information sent by your web browser.

These server logs may include information such as your web request, Internet Protocol (IP) address, browser type, referring/exit pages and URLs, number of clicks and how you interact with links on CHECKMOB, domain names, landing pages, pages viewed, mobile carrier, and other information.

Information about Clear Web Beacons:

When you use the SOFTWARE, we may employ clear web beacons that are used to track online usage patterns.

Additionally, we may also use clear web beacons in HTML-based emails sent to our users to track which emails are opened by recipients.

The information is used to enable more accurate reporting and to make CHECKMOB better for our users.

Third-Party Tools:

CHECKMOB S/A uses third-party analytics tools, such as Google Analytics and Intercom, to help understand your usage.

Many of these tools collect information sent by your browser as part of a web page request, including cookies and your IP address.

These analytics tools also receive this information, and their use is governed by their respective privacy policies, which have been analyzed and discussed by CHECKMOB S/A's legal team, ensuring security and care for our clients.

Your Use:

As a system user, we will display your Personal Data, which will be available in the SOFTWARE settings.

As personal data operators, we have no influence over the information added by the company you work for or are a client of.

Therefore, any information registered by the administrator will be available for viewing in the SOFTWARE settings menu.

We may also share or disclose your information, for example, if you use a third-party application to access your account. You can review your profile information at any time.

With whom do we share your personal data?

We share your Personal Data only for specific and legitimate purposes, as described below:

  • To fulfill our contractual obligations with you or your company, as established in Article 7, V, of the LGPD. This includes creating and managing any accounts you may have with us, verifying your identity, collecting amounts owed by you, and providing, personalizing, and improving our System.
  • Viewing clients near the user's recent location.
  • Optimizing user time and travel in the field based on their recent location.
  • To strengthen our security and protection procedures, aiming to provide a safer and more effective service; To manage risks and detect, prevent, and/or remedy fraud or other potentially illegal or prohibited activities, as well as violations of applicable policies, contracts, or terms of use; As necessary, to establish, exercise, and defend rights in judicial, administrative, or arbitration proceedings.
  • To comply with legal or regulatory obligations, or as required in a legal proceeding, by any law enforcement or government agency with jurisdiction, or claiming to have jurisdiction, over CHECKMOB S/A.
  • For other purposes for which we provide specific notice at the time of collection, or otherwise as authorized or required by law.

Is there international data sharing?

We offer our platform in various geographical regions.We define a geographical region as the location where a user is situated.

For users in Brazil, we transfer data to the United States for processing.

For these users, we adopt technical and organizational protective measures against accidental, unauthorized, or unlawful destruction, loss, alteration, disclosure, access, use, or processing of user data in our possession, following the guidelines and principles established by the LGPD.

What are your rights and how to exercise them?

As a data subject, you have the right to:

  • Know what Personal Data is processed by CHECKMOB S/A;
  • Know with whom we share your Personal Data;
  • Correct, update, and/or complete your Personal Data;
  • Request the anonymization, blocking, or deletion of unnecessary, excessive, or unlawfully processed data, while being aware, however, that this practice may prevent or hinder the SOFTWARE's operation;
  • Revoke the consent you have given;
  • Request data portability to another service or product provider, upon express request by the User.

To exercise the rights provided for in the General Data Protection Law (LGPD) and other applicable legislation, please contact our official data protection channel: dpo@checkmob.com.

Requests will be analyzed and responded to within the applicable legal deadlines.

Once we receive notification that you have withdrawn your consent, we will no longer process your information for the purpose(s) for which you originally consented.

If you provide services to a company that contracts the SOFTWARE and wish to withdraw the consent you provided, we advise you to contact the company's Data Protection Officer (DPO) to request that such measures be taken.

If we process your Personal Data for marketing purposes, you have the right to object to this activity at any time, in which case we will no longer process your Personal Data for these purposes.

If you received this contact via email, you can unsubscribe through the email itself.

CHECKMOB S/A offers publicly accessible community services, including blogs and forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them.

How long do we store your personal data?

It is our policy to retain Personal Data for up to 12 (twelve) months after the contract is terminated or after the free period ends, as such data is no longer necessary to provide the service.

However, your personal data for marketing purposes will be retained for up to 5 (five) years after the termination of the contract or the free period.

In some circumstances, we may anonymize your data so that it can no longer be associated with you. In this case, it is no longer considered Personal Data.

Updates to this notice

If we change our Privacy Policy, we will post those changes on this page to keep you informed of what information we collect, how we use it, and under what circumstances we may disclose it. Changes to this Privacy Policy are applicable when they are published on this page.

From time to time, we may develop new services or offer additional services. If such new or additional services result in any significant change in how we collect and process your personal data, we will provide you with additional information, terms, or policies.

Questions

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