The purpose of our Privacy Policy is to clarify the conditions of use of your personal data that are necessary for us to provide the Services defined in our Terms of Use, to provide you with security and to offer functionalities.
This Privacy Policy must necessarily be consented to by the persons who wish to become users of the Platform, who must be capable under applicable law ("You").
Some of the terms and words in this Privacy Policy are in bold capital letters because they have been defined in our Terms of Use, which You must also read and agree to. If You have not read or agreed to our Terms of Use, click here to access them.
If You do not agree with the terms of this Privacy Policy or our Terms of Use, do not start the Services. By starting the Services, You are automatically and expressly expressing Your full willingness and desire to make Your personal data available and to be bound by the rules and conditions set forth herein, as well as expressing Your agreement to our Terms of Use.
1.WHAT DATA DO WE COLLECT?
As we explain in the Terms of Use, in order for You to use the Services, You will need to register an account and provide some personal data, which is necessary to establish Your identification, use the Platform 's functionalities, communicate about the Services and enable payment. In addition, You will need to indicate information relating to the login and password that You create, in order to have access to the Platform and the Services.
Therefore, in order to use our Services, we will need you, if you are a Producer, to inform us in your registration:
-Company name;
-CNPJ;
-Login name;
-Contact email;
-Full nameand CPF number of the legal representative; and
-Full name, CPF and position in the company of the person responsible for the registration.
-Now, if you are a Licensed User, you will need to inform us in your registration:
A) If you are a legal entity:
-Company name;
-CNPJ;
-Login name; and
-Contact email.
B) If you are an individual:
-Name;
-CPF;
-Contact email; and
-Login name.
In addition to the above, we may also collect and use browsing data, as explained in the next section.
You are responsible for the accuracy and veracity of the data provided and acknowledge that the inconsistency thereof may impair the effective provision of the Services and access to the Platform.
2.NAVIGATION DATA
The IMAGin Platform has areas that can be accessed without logging in. In these cases we may also collect and use data to improve our Services and identify user preferences.
You may choose to provide certain personal data relating to your browsing on our Platform in order to enhance your experience and to enable us to improve the Services.
IMAGin may collect browsing information in an automated and anonymized form using cookies. Cookies are files which may or may not be added to your terminal and which make it possible to store and recognize data from your browsing. These may be used to (1) recognize a particular user, so that they can access and use restricted areas or features of the Platform (Authentication Cookies) and may not be disabled or rejected, in order to ensure our proper functioning; (2) activate security features of our Platform (Security Cookies) and may not be disabled or rejected; and (3) to measure the audience, performance, browsing habits and other interactions between users visiting our Platform (Research Cookies), which may be disabled, but their disabling may affect features of the Platform. Under no circumstances will we use browsing data and cookies to send marketing or commercial promotions.
IMAGin is not yet able to offer the option of controlling cookies on the home page of its website. Such functionalities may be implemented at a later date. Therefore, you can disable cookies at any time, according to your browser settings, and IMAGin and/or ICAB will not be held responsible for any problems arising solely from your browser.Some features of the Platform may be limited or impaired if cookies are disabled.
3.PURPOSE
The full name; login and profile name; CPF and contact e-mail address of either the user themselves, their legal representative or the person responsible for creating the account will be used for the following purposes:
a) Control of registration and access to the Platform;
b) Sending and managing the License Term;
c) Verification of compliance with the rules of the Terms of Use;
d) Forwarding any notices and communications related to the Services, such as warnings, feature changes, content removal, account suspension or deletion, payments for the Services, updates to our Terms of Use and this Privacy Policy, among others;
e) Communicate IMAGin events, as well as commercial or institutional announcements, in order to provide you with a broad experience of our Services.
By agreeing to our Privacy Policy, You are expressly consenting to receive emails with the messages and communications indicated above. At any time, You may request to stop receiving marketing and advertising messages to Your e-mail address in Your user area, but You will continue to receive notification e-mails related to contracting the Services.
Depending on the payment method chosen, the name, address and CPF of the registered responsible party may appear on the boleto, just as the responsible party's name, card number, validity and security code will be used for credit card payments. Therefore, for credit card and boleto bancário transactions, this data, together with the card number and control may be collected, stored and shared with PagSeguro, as indicated below.
IMAGin will not sell your personal data to any third parties.
The data collected may also be used by IMAGin in the following situations and for the following purposes:
a) safeguard the regularity, credibility and security of the Services;
b) in cases where access becomes necessary to verify compliance with the Terms of Use, this Privacy Policy or applicable legislation;
c) ensure the rights of IMAGin and its users;
d) adopting the necessary measures to curb abusive conduct and fraud;
e) assist users with any legitimate requests for help;
f) when necessary to enable investigations and compliance with decisions promoted by competent administrative or judicial authorities on suspicions of abuse, fraud or non-compliance with applicable legislation;
g) resolution of complaints and disputes requested;
h) checking browsing habits;
i) creation of reports for internal use in the development of new services and content;
j) production of indicators and evaluation of statistics related to the Services and the Platform for internal use;
k) maintaining the security of the Platform;
l) provision of personalized content; and
m) user relationship management.
4.DATA SHARING
Your registration data will be shared and stored on the servers of INSTITUTO DE CONTEUDOS AUDIOVISUAIS BRASILEIROS - ICAB, registered with the CNPJ under no. 20.804.598/0001-89 ("ICAB") and CRONOS AUDIOVISUAL SA, a corporation registered with the CNPJ under no. 44.065.158/0001-15 ("CRONOS"), responsible for IMAGin (together "we").
In order to guarantee the functionalities of the Platform, we will send the Licensing Terms between the licensing user and the licensee, which may contain personal data provided at the time of registration. Each user must use such personal data received by IMAGin solely and exclusively for the purposes of complying with the License Agreement itself, in accordance with current legislation.
We also use the services of PAGSEGURO INTERNET INSTITUIÇÃO DE PAGAMENTO S/A., registered with the CNPJ under No. 08.561.701-0001-01,("PagSeguro"), a banking correspondent of partner financial institutions, to intermediate and enable some forms of payment for the Services, as explained in the Terms of Use. As a result, your personal information, such as full name, CPF and bank details, will be collected and stored by PagSeguro when you choose the available payment options. Therefore, it is also essential that You consult and agree to PagSeguro's Service Agreement, Security and Privacy Standards and Cybersecurity Policy before starting our Services, available at these links:
https://pagseguro.uol.com.br/sobre/contrato-de-servicos
https://sobreuol.noticias.uol.com.br/normas-de-seguranca-e-privacidade
https://pagseguro.uol.com.br/politica-de-seguranca-cibernetica
Your personal data and information may be shared by IMAGin with other internal partners and collaborators (employees, affiliated companies or entities of the same group) or external partners and collaborators (service providers and external consultancies), for the purpose of technological improvement and operation of the Platform and/or Services, including for the implementation of security measures and user experience improvements. We have established contractual obligations with our partners so that they also comply with applicable laws, in particular applicable Data Protection Laws, and so that they process the Personal Data shared only within the limits of the provision of their respective services.
You can access a list of all the partners or third-party service providers with whom IMAGin shares your data if you make a request to us. By adhering to this Privacy Policy, you acknowledge that each partner or third-party service provider for IMAGin that has access to your data may have its own Privacy Policy. Acceptance and use of the IMAGin Services presumes your agreement with each respective Privacy Policy and Terms of Use of these partners or third party service providers.
Your data and information may also be shared with public authorities in order to prevent legal liabilities, preserve and exercise rights and obligations, investigate breaches of the Terms of Use, the Privacy Policy, applicable legislation and comply with judicial, regulatory or administrative determinations of competent authorities.
In addition, your data may be shared in the event of any corporate transaction or transfer of assets that may transfer ownership and/or control of the founders of IMAGin and the Platform to third parties. Should this occur, Imagin guarantees that the new controller will acquire the renewal of your consent for the processing of your personal data, as required by current legislation.
The Platform may contain links to third party websites, which are not subject to the provisions of this Privacy Policy. We recommend that You consult these third party Privacy Policies before interacting with their websites. You are aware and agree that the existence of these links does not constitute endorsement or sponsorship of third party website(s) by IMAGin.
Some of the servers and/or direct and indirect processors may be outside Brazilian territory, such as our employees' e-mail servers and digital archives. We ensure that these third parties are committed to complying with the legal requirements arising from personal data protection regulations. We note that data is shared with these operators using encrypted data.
5.YOUR RIGHTS
We guarantee your rights as a data subject, in accordance with the applicable Brazilian legislation:
a) Access to and confirmation of data: Your personal data corresponds exclusively to that indicated by You at the time of registration, as detailed in item 1 of this Privacy Policy. IMAGin will not collect any other personal data from you. You can consult your data at any time, which will be available in your user area. In the user menu, under "My Data",you can extract a report containing a complete list of your personal data collected in the provision of the Services. You can even use the available report for any portability to third parties that you deem necessary.
b) Correction: You can update, rectify, correct or change your personal data at any time. All you have to do is go directly to the "My Data" tool in your user area and make the desired change.
c) Request for anonymization, blocking or deletion: You may request the anonymization, blocking or deletion of personal data that is excessive, unnecessary or processed in breach of the law. In such cases, IMAGin will carry out an analysis and, if appropriate, comply with the request.
d) Deletion of Registration and Revocation of Consent: You may request the deletion of your registration on the Platform and/or revoke your consent to the use of your data. In this case, some Personal Data may remain stored in order to comply with legal obligations or to exercise IMAGin's rights and legitimate interests.
e) Portability: You may request the portability of Personal Data to another product or service provider in an interoperable format, such as a .txt file, where possible.
f) Review of automated decisions: You may request a review of an exclusively automated decision that affects your interests.
All the requests listed above will be handled free of charge and will be subject to a prior assessment of their identity and the feasibility of fulfilling them, in order to comply with any obligations that prevent the requests from being fulfilled.
In the event of a request for the deletion of your personal data, you are aware that you will also be renouncing certain IMAGin services for which the processing of data is a requirement for their availability.
As IMAGin will collect personal data that is absolutely necessary for the operation of the Services, the consequences of your refusal to consent to the use of any of your personal data may be that we are unable to provide you with the Services or access the Platform.
Any information and reports made available to You will always comply with the maximum limit permitted by applicable law, when necessary for the preservation of business secrets of IMAGin, its partners or third parties, reserving the right not to make such information or reports available when they result in a violation of business secrets and confidential information.
6.DATA STORAGE, LOCATION AND TIME OF USE
The personal data collected will be stored in a secure operating environment that is not accessible to the public. IMAGin uses Amazon tools as an online provider and server.
Your personal data provided for registration and access to the Services (item 1 of this Privacy Policy) will be stored and used by us and our partners for as long as we provide the Services to You, or for the legally established limit.
If you decide to cancel your account, the cancellation will take five (5) working days from the date of the request and your personal data will be deleted within the same period. Please note that if you cancel your account, your content will be removed by IMAGin, but the License Terms you have already signed will remain in force.
The personal data collected by IMAGin will only be processed for as long as is necessary to fulfill the purposes for which we collected it, including for the purposes of complying with any legal, contractual, accountability obligations, for defense in administrative or judicial proceedings or at the request of competent authorities.
7.SAFETY AND INCIDENTS
IMAGin has technical, administrative and organizational security measures in place to protect your personal data.
These security measures represent IMAGin 's best efforts to protect your data and may be revised, rectified or improved at any time. By way of example of the technical security measures that may be adopted by IMAGin, we can promote security monitoring activities for all our systems and servers, encryption of system data and backups, restricted access to personal and/or sensitive data and security procedures and policies in the relationship of data with system development and maintenance suppliers.
We will also strive to protect the personal data we store, through measures such as (i) adopting a governance and privacy program; (ii) creating a team responsible for Personal Data Protection and a Data Protection Officer; (iii) adopting the principles ofPrivacy by Design and Privacyby Default when carrying out activities; (iv) creating confidentiality policies with employees; (v) restricting access to personal data based on the principles ofneed-to-know andleast privilege, among others.
Despite this, unfortunately we cannot guarantee total security. Unauthorized use of accounts, hardware or software failure and other factors can compromise the security of your personal data at any time, so we need users' help to maintain a safe environment for everyone.
In the event of any security incident that may result in a material risk or damage to You or other users, IMAGin will use its best efforts to take measures to reverse or mitigate such risks or damages, and will report such facts to the competent authorities or to those authorities that IMAGin, at its discretion and in good faith, deems necessary, in order to try to eliminate or mitigate such risks.
8.CONTACTS AND DETAILS OF THE CONTROLLER AND FOREMAN
If you need any clarification on the processing of your data or if you would like to submit a complaint or request in this regard, please contact IMAGin at the following address:
Email: [email protected]
The controllers responsible for processing your data are INSTITUTO DE CONTEUDOS AUDIOVISUAIS BRASILEIROS - ICAB, registered with the CNPJ under no. 20.804.598/0001-89, with registered office at Rua da Glória, 344 - 703 - Glória, Rio de Janeiro - RJ, CEP: 20241-180, and CRONOS AUDIOVISUAL S.A., a corporation registered with the CNPJ under No. 44.065.158/0001-15, with its head office at Praça Senador José Roberto Leite Penteado, 247, Lapa, São Paulo/SP, CEP 05.078-020. IMAGin will keep your access records to your account on the Platform confidential, in a controlled and secure environment, for a period of 06 (six) months.
9.FINAL PROVISIONS
Our Privacy Policy may change from time to time and, prior to any change, we will use our best efforts to notify You in advance by means of notifications in Your account and in Your registered e-mail address. If You do not agree with changes to our Privacy Policy, You may cancel Your account.
Tolerance of any user's failure to comply with any of the provisions of this Privacy Policy shall not constitute a waiver of the right to demand compliance with the obligation, nor shall it constitute forgiveness or alteration of the provisions hereof.
This Privacy Policy is governed by Brazilian law. Any disputes or controversies arising from any acts practiced within the scope of this Privacy Policy will be processed in the District Court of the Capital of the State of São Paulo. By accessing our Platform, users expressly consent to the jurisdiction of this court and hereby waive the jurisdiction of any other court, however privileged it may be or may become.