Privacy Policy
The personal data collected by us depend on the context of your interactions with the Locaweb Group. In order to facilitate your understanding, in this Policy we explain, how we handle the data of (i) clients of the Locaweb Group (“Clients”), our Client’s consumers (“Consumers”) and users of our websites (“Users”), collectively (“Data Subjects” or “you”).
Specific Privacy Policies may be applicable to some of our products and services. For more information about our privacy practices relating to a product or service, please go to the webpage of the specific product or service.
1. Who we are
LWSA offers a complete portfolio of complete and modular digital solutions for all business sizes and maturities. Acting on several fronts, such as Commerce SMB, Commerce Enterprise, BeOnline and SaaS, ERP Management and financial services, which include website hosting, cloud computing solutions, online store, email marketing tools, payment intermediary, between others. Find out more about our services here: www.lwsa.tech
The Locaweb Group includes the companies/business units: Bagy, Bling, CPlug, Credisfera, Delivery Direto, Etus, KingHost, Locaweb, Melhor Envio, Nextios, Octadesk, Squid, Tray, Vindi, Wake, and any other affiliates or subsidiaries.
The entity of the Locaweb Group that originally collects your information will be responsible for controlling your personal data.
2. Important definitions
General Data Protection Law (LGPD): Federal Law No. 13.709, published on August 14, 2018, which regulates Personal Data Processing activities, also in digital media, performed by an individual or legal entity of public or private law, with the purpose of protecting the fundamental rights of freedom and privacy, and the free development of an individual’s personality.
Processing Agents: These are the agents responsible for Personal Data Processing, and they are divided into two categories: Controller and Processor. The Controller is the person or company responsible for making decisions in Personal Data Processing. The Processor, in turn, is the person or company that processes personal data on behalf of the Controller and following the Controller’s instructions.
Personal data: Information about an identified or identifiable individual.
Processing: Any transaction carried out with Personal Data, whether or not automated; that is, the collection, production, receipt, classification, use, access, reproduction, transmission, distribution, processing, filing, storage, elimination, assessment, control, change, communication, transfer, dissemination or extraction of information.
3. Clients
3.1 Data collected by us
In general, when a Client (or, for the purpose of this section, “you”), or the Client’s contractors, use or interact with the Services, we collect their personal data, which can be divided in three comprehensive categories:
(i) Data provided by you: when you engage, use or interact with the Services, or, in some way, communicate with us, some of your (or your company’s) data may be provided to us. These data include:
- Professional agreement data, such as your name, position, company, location, phone number and e-mail;
- Marketing preferences;
- Account credentials, such as your e-mail address, user ID and password;
- Payment information, such as credit card and banking data, and invoice address;
- Data relating to technical support and solution of problems. These relate to ticket opening data, such as the type of product or service that relates to your request for help, contact and authentication data, and the contents of your communications with us, including phone recordings.
- Financial data, such as relating to invoicing, salary, gross income, cost of products, expenses, financial inflow/outflow, sales accounting data.
- Third-party data, in using our platforms and services exclusively, according to the terms of services engaged.
(ii) Data automatically collected by us: we may collect data from other sources, such as public databases, and public profile data available in social networks and credit protection entities.
- Data about the devices used in accessing the Services, such as your IP address, operating system, geolocation and the device’s identifier.
- Record data, such as IP address and your activities in Services like: date and time relating to your use, pages and files viewed, searches, functionalities that you used, and other actions performed by you.
- Browsing data, and data on how you use and interact with our Services and the Services that are integrated to our platforms, which may include the dates on which you have used the Services, your browsing activities, actions performed, settings, registrations and information saved. We also collect information about the performance of Services, including metrics related to sending e-mails and other types of communication that you send through the Services..
(iii) Data that we collect from other sources: we may collect data from other sources, such as public databases, and public profile data available in social networks and credit protection entities.
3.2 How we use these data
We use the data that we collect or receive as a result of the use of Services for the following purposes:
- Fulfill our contractual obligations undertaken with you or your company. This includes creating and generating the accounts that you may have with us; check your identity; charge the amounts owned by you; and supply, customize and improve our services;
- Notify you about any changes in our products and services;
- Reinforce our security and protection procedures, in order to provide safer and more effective services;
- Carry out internal operations, including support, solution of problems, data analysis, tests, research and statistics;
- Supply information about other services and/or products that we provide, and that are similar to those already contracted by you;
- Supply other services and/or products that are better adapted and suited to your capacities and needs, including financial services;
- Assess or understand the efficacy of the advertising we promote, aiming at providing advertising that may be important for you;
- Manage risks and detect, prevent and/or correct fraud or other potentially illegal or prohibited activities, as well as any violation of the applicable policies, contracts or terms of use;
- As required, in order to establish, exercise and defend rights in court, administrative or arbitration proceedings;
- Fulfill legal or regulatory obligations, or as provided for in court actions filed by law enforcement or government bodies with jurisdiction, or alleged jurisdiction, over the Locaweb Group.
- For other purposes, on which we provide a specific notice at the moment of the collection, or otherwise, as authorized or required by law.
4. Consumers
This section is applicable to the personal data of our Client’s Consumers (or for the purpose of this section, “you”), when we act as Controllers. Note that, in most of our products and services, the companies of the Locaweb Group act as Processors of personal data, according to the instructions given by our Clients. The Locaweb Group is not responsible for the privacy or security practices of its Clients. To understand how your data are processed by our Clients, please refer to the relevant privacy policies.
4.1 Data collected by us
(i) Data received from our Clients: Locaweb Group’s Clients may provide their personal data to us through the Services. For example, when a Client uploads its contract base to use our marketing e-mail services; when you subscribe to a Client’s newsletter; or when you make a purchase in a Client’s virtual store, the Client may supply certain information to us, such as your name, your e-mail address, phone number or payment data.
(ii) Data automatically collected by us: when you interact with the Services purchased by the Client, such as when you interact with a marketing communication; browse the Client’s website; or make a purchase in the Client’s virtual store, we may collect information about your device and your activities. This information include:
- Data about the devices that you use to access the Services, such as your IP address, operating system, geolocation and the device’s unique identifier.
- Browsing data, that is, data on how you use and interact with our Services, which may include the dates on which you have used the Services and your browsing activities, such as the pages viewed by you, or if you have opened an e-mail or added a product to the chart. We also collect information about the performance of Services, including metrics related to sending e-mails and other forms of communication sent by our Clients through the Services.
(iii) Data that we collect from other sources: we may collect data from other sources, such as public databases, public profile data in social networks, credit protection entities, particularly, when you make a purchase on a website that uses our payment intermediation services.
4.2 How we use these data
We may use the data that we collect or receive as a result of the use of Services by our Clients, for the following purposes:
- Provide, customize and improve our Services;
- Carry out internal operations, including support to our clients, solution of problems, data analysis, tests, research and statistics;
- Develop marketing strategies for our Clients, enabling them to provide advertising that is important for you;
- Proceed with the payment orders sent by you in payment intermediation operations;
- Manage risks and detect, prevent and/or correct fraud or other potentially illegal or prohibited activities, as well as any violation of the applicable policies or terms of use;
- Establish, exercise, and defend rights in court, administrative or arbitration proceedings;
- Fulfill legal or regulatory obligations, or as provided for in court actions filed by law enforcement or government bodies with jurisdiction, or alleged jurisdiction, over the Locaweb Group;
- Integrate products and services provided by the Locaweb Group and used by you;
- For other purposes, on which we provide a specific notice at the moment of the collection, or otherwise, as authorized or required by law.
5. Users
This section is applicable to the personal data that we collect when Users (or, for the purpose of this section, “you”) visit Locaweb Group’s websites.
5.1 Data collected by us
(i) Data provided by you: our websites make available different ways through which you may contact us. You may provide personal data, for example, when you express your interest in getting more information about our products and services; participate in surveys; subscribe our newsletter; download informational content; or contact us through any other means. These data include:
- Professional contact data, such as you name, position, company, location, phone number and e-mail address;
- Area of activity and interest;
- Nature of your communication with us;
- Marketing preferences;
- Any information that you may want to share with us.
(ii) Data automatically collected by us: when you use our websites, we may collect and store data automatically. These data include:
- Data about the devices that you use to access the Services, such as your IP address, operating system, browser information, geolocation and the device’s unique identifiers.
- Browsing data, that is, data about how you use and interact with our Services – which may include the dates on which you have used the Services and your browsing activities, as well as your interactions with our informational materials. We also collect information about the performance of Services, including metrics related to sending e-mails and other forms of communication that you send through our Services.
5.2 How we use these data
We may use the data that we collect or receive as a result of the use of our websites, for the following purposes:
- Provide, customize, and improve our websites;
- Reinforce our security and protection procedures, in order to provide safer and more effective services;
- Carry out internal operations, solution of problems, data analysis, tests, research, and statistics;
- Process transactions and manage your online accounts;
- Send marketing communications and recommend the products or services offered by companies of the Locaweb Group, according to you marketing preferences;
- Assess or understand the efficacy of the advertising we promote, aiming at providing advertising that is important for you;
- Manage risks and detect, prevent and/or correct fraud or other potentially illegal or prohibited activities, as well as any violation of the applicable policies or terms of use;
- As required, in order to establish, exercise and defend rights in court, administrative or arbitration proceedings;
- Fulfill legal or regulatory obligations, or as provided for in court actions filed by law enforcement or government bodies with jurisdiction, or alleged jurisdiction, over the Locaweb Group;
- For other purposes, on which we provide a specific notice at the moment of the collection, or otherwise, as authorized or required by law;
6. How we share the personal data
We may share the personal data we collect with other companies of the Locaweb Group, and with third parties and business partners that may be important for the provision and integration of Services. Said data sharing is based on the following criteria and has the following purposes:
- Companies of the Locaweb Group: The companies of the Locaweb Group may share among them the personal data collected upon the provision of Services in order to operate, perform, improve and integrate our services and products in sales, delivery, payment and credit activities. Likewise, they may share your data in order to understand, customize, provide support, announce our Products and Services, and prevent fraud.
- Third-party service providers: We work with third-party service providers who help us to operate, perform, improve, understand, customize, provide support and announce our Services. When we share data with third-party service providers, they are required to use your data according to our instructions and terms, or upon your express consent, when applicable.
- Credit Protection Entities: We may share your registration data with partnering companies and financial institutions for purposes of analysis, mitigation of credit risk, prevention against fraud and credit offers. With respect to the analysis and offer of credit, the Locaweb Group and the partnering financial institutions may request information from credit agencies, including the Credit Information System – SCR, Receivables Registration Companies authorized by the Central Bank, and Credit Card Accrediting Companies. These provisions are applicable during the period that the data subject remains active with the Locaweb Group concomitantly with the partnering financial institutions, applying, in this context, items I, II and X of Article 7 of LGPD.
- Regulatory bodies, and judicial or administrative authorities: We may share your personal information in order to provide any information requested by the relevant authorities regarding a given Data Subject and the transactions performed by him/her. Moreover, we may share your personal data with government authorities or private entities in order to avoid fraud and abuse regarding the use of Services; investigate suspect violations of the law; or to combat any other suspect of non-compliance with our policies and contracts.
- Transfer of Assets: In case that a company or business unit of the Locaweb Group is reorganized or sold, and all or substantially all its assets are transferred to a new owner, your personal information may be transferred to the buyer regardless of your authorization, in order to ensure the continuity of services;
- With your authorization: In other cases not mentioned above, if we intend to share your personal data and information, we will send a notice to you with information about the sharing, and to request your consent regarding the specific purpose of such sharing.
- Third parties that may question the form of use or the contents promoted in our contracted products and/or services: With the purpose of enabling and complying with free enterprise, free competition and defense of the interests of users in trade relations, we may share your name, address, corporate or individual tax ID (CNPJ or CPF respectively) in case of questions from consumers and/or clients and/or users regarding the form and contents promoted in our products and/or services.
7. Cookies and Tracking Technologies
We and our partners may use different technologies to automatically collect and store data about the use of Services. These technologies include cookies, pixels, web beacons and SDKs. We use the information that is collected through these technologies to optimize and customize your browsing experience, target advertising campaigns, and develop and apply security functionalities and fraud prevention procedures, among other possible uses. For more information, access our Cookies Policy, which is available in our website at: https://lwsa/politicas/
8. Transfer of personal data to locations outside Brazil
We may transfer some of your personal data to service providers located abroad, including providers of cloud services. If your personal data are transferred to locations outside Brazil, the Locaweb Group will adopt the appropriate measures to ensure the right protection of your personal data, according to the requirements of the applicable data protection legislation, including by signing the appropriate agreements for transferring your personal data to third parties, if so required.
9. Interactions with Third Parties’ Websites
We may make available links to other Internet websites. THE LOCAWEB GROUP WILL NOT BE RESPONSIBLE FOR THESE WEBSITES AND CONTENTS. MOREOVER, WE DO NOT SHARE, SUBSCRIBE, MONITOR, VALIDATE OR ACCEPT THE WAY THROUGH WHICH THESE WEBSITES OR CONTENT STORAGE TOOLS COLLECT, PROCESS AND TRANSFER YOUR PERSONAL AND PRIVATE INFORMATION. We recommend that you refer to the relevant privacy policies of these websites to obtain information about the use of your personal information by other websites or tools.
We may record your access to websites of third parties with the purpose of measuring their importance for our users.
10. Security
The Personal Data processed by the Locaweb Group are protected by physical, technical and organizational security measures that reduce the risk of loss, misuse and non-authorized access, disclosure and changes, such as firewalls and data encryption, control of physical access to data centers, and controls for authorization of access to information.
11. Data Subjects’ Rights
Personal Data Subjects have some rights regarding their personal data, and they may exercise these rights by contacting us through the following e-mail address: privacidade@locaweb.com.br.
- Confirmation of the existence of personal data processing;
- Access to personal data according to the legislation applicable;
- Correction of incomplete, inaccurate or outdated data;
- Data portability;
- Exclusion of data, whenever these are processed according to the consent of the Data Subject, or when the data are not necessary, excessive or their processing is not in compliance with the legislation applicable;
- Request of information about the shared use of data. Please note that this Privacy Policy describes the activities regarding the sharing of personal data by the Locaweb Group. For further information about how we share your data, please contact us;
- Withdrawal of consent, if applicable;
For security reasons, we will meet your requests only if we are sure about your identity. Accordingly, we may request additional data or information to confirm your identity and the authenticity of the Data Subject.
Peck Advogados law firm is the Data Protection Officer (DPO) of the Locaweb Group.
Please note that, as mentioned above, the Locaweb Group operates as processor of personal data in most of the products and services provided, according to the instructions given by our Clients. If you are a Consumer, and you intend to exercise your rights regarding the personal data that are handled by the Locaweb Group as a processor, you should contact the Client that is using the Services.
12. Termination of Processing
This Privacy Policy is applicable to the aforementioned circumstances during the period that the Locaweb Group stores the personal data. We store and keep your information: (i) for the time required by law; (ii) until termination of personal data processing, as mentioned below; or (iii) for the time required to preserve the legitimate interest of the Locaweb Group. Accordingly, we will process your data, for instance, during the applicable statutes of limitation, or as required for compliance with a legal or regulatory obligation.
Termination of the personal data processing will occur in the following cases:
(i) when the purpose for which the personal data was collected is achieved, and/or the personal data collected are no longer necessary or relevant for achieving said purpose;
(ii) when the Data Subject requests the exclusion of his/her data; and
(iii) when there is a legal order in this regard.
In the case of termination of personal data processing, with due regard for the events set forth in the applicable legislation or in this Privacy Policy, the personal data will be deleted, and this Policy will no longer be applicable to your relationship with the Locaweb Group.
13. Amendment to the Privacy Policy
Due to the ongoing evolution of its business model, the Locaweb Group reserves the right to amend this privacy policy at any time, through the publication of the updated version in its website. Should there be a material change in personal data processing, you will be informed about it and have the opportunity to analyze the reviewed policy before deciding to continue using our Services.