DATA PRIVACY POLICY AND TERMS OF USE
X-PAY GESTÃO DE PAGAMENTOS LTDA., a company with commercial headquarters at Rua Umbú , 68, 2nd floor Alphaville Campinas, Campinas, SP, CEP 13098-325, registered with the CNPJ/MF under no. 33.838.864/0001-36, hereinafter referred to as X-PAY SMART, and the INDIVIDUAL or LEGAL ENTITY that gave electronic acceptance, read and agrees with this Data Privacy Policy and Terms of Use (“Privacy Policy”), hereinafter referred to simply as "USER”.
ACCEPTANCE OF THIS POLICY WILL IMPLY ACKNOWLEDGMENT, BY THE USER, THAT HE HAS READ, UNDERSTOOD AND UNCONDITIONALLY ACCEPTED ALL THE PROVISIONS PROVIDED FOR IN THIS DOCUMENT. IF THE CUSTOMER HAS ANY QUESTIONS ABOUT THE PRIVACY POLICY, X-PAY SMART RECOMMENDS THAT THE CUSTOMER CONTACT OUR CUSTOMER RELATIONSHIP SERVICE.
THIS PRIVACY POLICY DESCRIBES YOUR PRIVACY RIGHTS AND HOW X-PAY SMART USES, STORES, SHARES AND PROTECTS YOUR PERSONAL INFORMATION. IT APPLIES TO THE X-PAY SMART WEBSITE AND ALL RELATED SITES, APPLICATIONS, SERVICES AND TOOLS, REGARDLESS OF HOW YOU ACCESS OR USE THEM.
THE USER DECLARES AND WARRANTS, UNDER THE PENALTY OF THE LAW, THAT:
A) HE IS IN FULL ENJOYMENT OF HIS CIVIL CAPACITY AND IS NOT LEGALLY PREVENTED FROM ENTER INTO THE TERMS OF USE;
B) IF YOU ARE ACTING ON BEHALF OF A LEGAL ENTITY, YOU HOLD THE NECESSARY POWERS, IN ACCORDANCE WITH ITS ARTICLES OF ASSOCIATION, TO BIND IT TO ALL THE TERMS AND CONDITIONS SET FORTH HEREIN.
I. DEFINITIONS
1.1. For the purposes of this Privacy Policy, the following are considered:
i) Internet Protocol Address (IP Address): the code assigned to a Terminal on a network to allow its identification, defined according to international parameters.
ii) Internet: the system consisting of a set of logical protocols, structured on a global scale for public and unrestricted use, with the purpose of enabling data communication between terminals through different networks.
iii) Password: set of characters that may consist of letters and/or numbers, with the purpose of verifying the identity of the USER to access the Website and/or Application.
iv) Websites and/or Applications: X-PAY SMART websites and applications through which the USER accesses the services and content made available by X-PAY SMART.
v) Terminals: computers, notebooks, netbooks , smartphones, tablets, palm tops and any other devices that connect to the Internet.
vi) Establishment: legal entity that provides goods or services, and that is accredited by X-PAY SMART.
1.2. This Privacy Policy shall be governed by and construed in accordance with the following principles:
i) headings and titles are for convenience of reference only and shall not limit or affect the meaning of the clauses, paragraphs or items to which they apply;
ii) the terms “inclusive”, “including” and other similar terms shall be construed as if they were accompanied by the phrase “for example only” and “without limitation”;
iii) whenever required by the context, the definitions contained in this Privacy Policy will be applied both in the singular and in the plural and the masculine gender will include the feminine and vice versa, without changing the meaning;
iv) references to any document or other instruments include all their amendments, replacements and consolidations and respective additions, unless expressly provided otherwise in this Privacy Policy;
II – CONSENT
2.1. The USER freely, expressly and unequivocally accepts this Privacy Policy when creating or accessing his/her X-PAY SMART account or using any X-PAY SMART service or any other feature, technology or functionality that X-PAY SMART offers on its website, applications and services ("X-PAY SMART SERVICES").
III - COLLECTION OF PERSONAL INFORMATION
3.1. The USER authorizes X-PAY SMART to collect the following types of personal information to enable the USER to use the X-PAY SMART SERVICES:
i) When the USER uses the X-PAY SMART SERVICES, we collect information sent by his/her access TERMINAL. The information sent to X-PAY SMART includes, but is not limited to: data about the pages accessed, browser, IP address, device ID or identifier, device type, operating system, geolocation information, computer and connection information, mobile network information, statistics about pages visited, traffic to and from the websites, referral URL, advertising data, standard web log data and other information. We may also collect anonymous information through cookies.
ii) X-PAY SMART may collect and store information provided by the USER when using the X-PAY SMART SERVICES, including information entered in an online form, information added or updated in your account, discussions in communities, chats or information provided when you contact us regarding the X-PAY SMART SERVICES. When using the X-PAY SMART SERVICES, we also collect information about your transactions and activities.
iii) When creating an X-PAY SMART account or using the X-PAY SMART SERVICES, X-PAY SMART may collect the following types of information: (a) contact information - such as your name/company name, address, telephone number, email address and other similar information; (b) Financial information - such as bank account and credit card numbers for use of X-PAY SMART SERVICES (c) detailed personal information, including that of partners, administrators, shareholders, as well as date of birth/incorporation and ID/CNPJ number. The USER is responsible for the accuracy and veracity of the data provided and acknowledges that any inconsistency in such data may result in the impossibility of accessing X-PAY SMART SERVICES and assumes full responsibility for the safekeeping, confidentiality and proper use of the registered login and passwords, exempting X-PAY SMART from any liability.
iv) X-PAY SMART may collect information about the USER by other means, such as through contact with the customer relationship team, interactions with members of other X-PAY SMART partner companies. When communicating with X-PAY SMART, the USER agrees that his/her communications may be heard, monitored or recorded without prior warning or notification.
v) X-PAY SMART may also obtain information about the USER from third parties, such as credit companies and identity verification services.
3.2. X-PAY SMART may make available a tool for the USER to voluntarily choose to grant X-PAY SMART access to certain personal information stored by third parties, such as social media sites. By associating an account managed by a third party with your account at X-PAY SMART and authorizing X-PAY SMART to access such information, the USER agrees that X-PAY SMART may collect, store and use such information in accordance with this Privacy Policy.
3.3. X-PAY SMART may evaluate your Access Terminal to identify suspicious programs or activities.
3.4. X-PAY SMART may offer the USER the ability to connect to the X-PAY SMART SERVICES using a mobile device, either through an application or website optimized for access via mobile devices. The clauses of this Privacy Policy apply to all access and use of Terminals, however, in case of access to X-PAY SMART SERVICES through the Application, the USER must also observe the following conditions:
i) The USER declares that he/she has received a limited, non-transferable, non-exclusive, royalty-free and revocable license to download, install, run and use this application on his/her device and
ii) The USER acknowledges and agrees that X-PAY SMART has granted him/her an exclusive license for use and therefore does not transfer the rights to the product, its sale, transfer, modification, reverse engineering or distribution as well as the copying of texts, images or any parts contained therein is expressly prohibited.
iii) For the purposes of using the Application, X-PAY SMART may collect, store, process, process and use the following information regarding the USER’s browsing on the Application, which is part of the “Browsing Records”: a) Geographic location – Allows the application to use GPS to obtain the USER’s approximate location, which the application uses to obtain the USER’s location; b) Camera – allows the application to use the camera to set a photo for the USER’s profile on the Application; c) Telephone and Microphone – Permission required for the Application to be able to make calls on behalf of the USER, this permission is required when the card is inactive and it is necessary to contact the central office; d) Account and Contacts – Permission required for the functionality to share the application with friends, so that the Application can access personal accounts; e) Local storage – Allows the application to save files on the cell phone. We use it to save access tokens ; f) Operating system used by the USER; g) Browser and its respective versions; h) Screen resolution; i) Java (programming language); j) Installed Flash player; k) IP address; l) ID code (IMEI) of the mobile device through which the USER accessed the Application; m) Information regarding the date and time of use of the Application by a given USER, from a given IP address; n) Information regarding the number of clicks and attempts to use the Application, as well as pages accessed by the USER.
3.4.1. The USER may disable access through the configuration options of his/her Terminal. However, when deciding to prohibit access, the USER is aware and acknowledges that it is possible that the Website and/or Application may not perform all of its functionalities.
IV – USE OF PERSONAL INFORMATION
4.1. X-PAY SMART may use your personal information to:
i) provide X-PAY SMART SERVICES and support to the USER;
ii) process transactions and send notifications about your transactions;
iii) verify your identity, including during account creation and password reset processes;
iv) resolve disputes, collect fees, and troubleshoot problems;
v) manage risks or detect, prevent, and/or remediate fraud or other potentially prohibited or illegal activities;
vi) detect, prevent, or remediate violations of applicable policies or agreements;
vii) improve the X-PAY SMART SERVICES;
viii) measure the performance of the X-PAY SMART SERVICES and improve their content and layout;
ix) manage and protect our information technology infrastructure;
x) provide targeted advertising and marketing, service update notifications, and send promotional offers based on your communication preferences; and
xi) perform credit and solvency checks, as well as compare information for greater accuracy and verify it with third parties.
4.2. X-PAY SMART may send the USER notifications about their X-PAY SMART ACCOUNT, to resolve issues with their X-PAY SMART ACCOUNT. By contacting the USER by telephone in the most efficient way possible, X-PAY SMART may use, and consents to receive, text messages and pre-recorded or autodialed calls. Whenever applicable and permitted by law, the USER may refuse to receive certain communications.
4.3. X-PAY SMART does not sell personal information to third parties for marketing purposes, unless there is explicit consent from the USER.
V – USE OF COOKIES AND SIMILAR TECHNOLOGIES.
5.1. X-PAY SMART, by itself or through third parties, may place small data files on the USER's computer or device. These data files may be “cookies, pixel tags , Flash cookies” or other local storage media provided by the USER’s browser or applications (“Cookies”). In these cases, X-PAY SMART may use these technologies to recognize you as an X-PAY SMART USER; customize the X-PAY SMART SERVICES, content and advertising; measure the effectiveness of our promotions; help ensure that the security of your account has not been compromised; mitigate risks and prevent fraud; and promote trust and security on the X-PAY SMART and USER websites.
5.2. The USER will be free to refuse Cookies if their browser, unless Cookies are necessary to prevent fraud or ensure the security of the websites we control. Refusing Cookies may interfere with the use of the X-PAY SMART SERVICES.
VI – PROTECTION AND STORAGE OF PERSONAL INFORMATION
6.1. The term “personal information” is used in this Privacy Policy to describe generic data that, alone or associated with other data, is capable of identifying a person. X-PAY SMART does not consider as personal information information that was generated anonymously, so that it does not identify a specific user.
6.2. X-PAY SMART's operations are supported by a network of computers, cloud servers and other infrastructures and information technologies, including, but not limited to, the use of third-party service providers.
6.3. X-PAY SMART may transfer the personal information it collects to other countries where X-PAY SMART operates or our third-party service providers have operations. When we transfer USER information to other countries, X-PAY SMART will protect the information as described in this Policy, even if a given country does not have the same data protection and privacy laws as Brazil.
VII – SHARING OF INFORMATION
7.1. In transactions with other X-PAY SMART USERS, X-PAY SMART may provide information about the USER that is necessary to complete the transaction, such as name, account ID, contact details, shipping and billing address, or other information necessary to promote the reliability and security of the transaction. If the transaction is suspended, fails or is subsequently invalidated, X-PAY SMART may also provide details of the unsuccessful transaction.
7.2. X-PAY SMART works with third parties, including X-PAY SMART Business Partners who facilitate the process of accrediting and contracting X-PAY SMART SERVICES. Thus, a third party may share information about the USER with X-PAY SMART.
7.3. Although X-PAY SMART does not allow third parties to use USER information for purposes other than providing X-PAY SMART SERVICES, X-PAY SMART is not responsible for any actions by such third parties, including their information protection practices, as well as any acceptance by the USER of such third parties’ own Privacy Policies.
7.4. The USER authorizes X-PAY SMART to share his/her personal information with:
i) companies in the X-PAY SMART economic group;
ii) Financial institutions with which we have established partnerships. These financial institutions may only use this information to market products related to X-PAY SMART, unless you allow other types of use.
iii) Credit companies and collection agencies to report account information as permitted by law.
iv) Banking partners, ACCREDITATION COMPANIES, BRANDS and financial entities for inclusion in their list of eliminated CUSTOMERS;
v) Companies with which X-PAY SMART intends to carry out corporate transactions, such as mergers, acquisitions and/or any type of sale of equity interest;
vi) Regulatory bodies of X-PAY SMART's activity, law enforcement authorities, government officials or other third parties to comply with a subpoena, court order or other legal procedure or requirement applicable to X-PAY SMART or one of its affiliates; when complying with the law or the rules of the card industry; or when we believe, in our sole discretion, that the disclosure of such personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity or investigate contractual violations with X-PAY SMART
vii) Other third parties for the following purposes:
a. Companies specialized in Risk Management and Fraud Prevention.
b. Companies specialized in Customer Relationship Service.
c. Legal Compliance: to help them meet anti-money laundering and terrorist financing verification requirements.
d. X-PAY SMART COMMERCIAL PARTNERS: X-PAY SMART COMMERCIAL PARTNERS CARRY OUT ACTIVITIES INHERENT IN REFERRING CUSTOMERS INTERESTED IN CONTRACTING X-PAY SMART SERVICES AND ACT IN COMMERCIAL SUPPORT AND RELATIONSHIP WITH SUCH CUSTOMERS REFERRED TO X-PAY SMART, INCLUDING IN RELATION TO FRAUD PREVENTION, COLLECTION, MARKETING, CUSTOMER SERVICE. IF X-PAY SMART FINDS THAT A CERTAIN USER HAS BUYED X-PAY SMART SERVICES THROUGH AN X-PAY SMART COMMERCIAL PARTNER, X-PAY SMART MAY SHARE WITH THE MENTIONED X-PAY SMART COMMERCIAL PARTNER PERSONAL INFORMATION ABOUT THIS USER, THEIR ASCENDANTS, PARTNERS AND ADMINISTRATORS, AS WELL AS INFORMATION ABOUT (I) THE VOLUME OF TRANSACTIONS CARRIED OUT BY THE USER AND (II) FEES AND CHARGES CHARGED FOR THE USE OF X-PAY SMART SERVICES, SINCE X-PAY SMART HAS A POLICY OF SHARING RESULTS WITH COMMERCIAL PARTNERS WHO REFER USERS.
e. Other third parties with the USER's consent;
7.5. The third parties mentioned in this Privacy Policy may be located in other countries where the legislation on the processing of personal information is less strict than in Brazil.
7.6. If the USER contracts the X-PAY SMART SERVICES directly on a third-party website, application or establishment, any information entered on that website or application will be shared with the owner of that website or application. The USER must review the policies of third parties before providing their personal information. X-PAY SMART is not responsible for the content or information practices adopted by third parties.
VIII – REVIEW OF INFORMATION AND CLOSURE
8.1. The USER may review and check their personal information at any time by accessing the X-PAY SMART website.
8.2. If the USER closes their X-PAY SMART account, it will have an "Inactive" status in our X-PAY SMART database.
IX. USER RESPONSIBILITIES
9.1. The USER may not perform the following actions in relation to the Website and/or Application, in whole or in part, without prejudice to others that are considered illegal, contrary to public order or against morality and good customs:
i) Practice of any unlawful acts and/or violation of current legislation, including the provisions of Law 9.613/98 and Law 12.846/13;
ii) Use the Website and/or Application and/or any content contained therein, in whole or in part, by any means or form, for a purpose other than that for which it is intended and in a manner other than that provided for in this Privacy Policy, including disclosing, for any reason, to third parties who do not have or should not have access to the Website and/or Application;
iii) Delete, distort, corrupt, alter, edit, adapt, transmit or in any way modify, by any means or form, in whole or in part, the Website and/or Application, and/or any content contained therein;
iv) Advertising or marketing by associating your image with X-PAY SMART, or any affiliated, controlled, associated company or company belonging to its economic group, for any disclosure of the data contained in this website, as well as its brands, we recommend contacting customer service.
v) Uploading, sending and/or transmitting any content of an erotic, pornographic, obscene, defamatory or slanderous nature or that advocates crime, drug use, consumption of alcoholic beverages or tobacco products , physical or moral violence;
vi) Uploading, sending and/or transmitting any content that promotes or incites prejudice (including based on origin, race, sex, color, sexual orientation and age) or any form of discrimination, as well as hatred or illegal activities;
vii) Threatening, coercing, or causing physical or moral embarrassment to other USERS;
viii) Perform acts that cause or encourage contamination or damage any equipment of X-PAY SMART, its companies and/or third parties, including through viruses, trojans, malware, worms , bots , backdoors , spyware , rootkits , or any other devices that may be created;
ix) Perform any acts in relation to the Website and/or Application, directly or indirectly, in whole or in part, that may cause harm to X-PAY SMART, any USER and/or any third parties;
x) Use any business name, brand, domain name, slogan or advertising expression or any distinctive sign or intellectual property asset owned by X-PAY SMART, or any affiliated, controlled, associated company or belonging to its economic group.
9.2. The User is exclusively responsible for:
i) Any and all acts or omissions performed by him/her in the environment of the Website and/or Application;
ii) For the repair of any and all damages, direct or indirect, that are caused to X-PAY SMART, to any other USER, or even to any third party, including due to non-compliance with the provisions of this Privacy Policy. Without prejudice to other measures, X-PAY SMART may, by itself or by third parties, at any time, at its sole discretion, without the need for any prior notice or notification, suspend access to the Website and/or Application of any USER, at any time, if the USER fails to comply with any provision of this Privacy Policy and other policies of the Website and/or Application or the applicable legislation in force.
9.3. Under no circumstances shall X-PAY SMART be liable:
i) For the payment of costs or damages, including direct, indirect, specific, accidental or consequential damages, arising from access to or use, inability to access or use this Website and/or Application or any of its functions or parts, including for the purpose of consulting or downloading information, data, texts, images or other materials accessible through this Website and/or Application;
ii) For any act or omission performed and/or damage caused by the USER on this Website and/or Application;
iii) For the installation on the USER's or third party's equipment of viruses, trojans, malware, worms , bots , backdoors , spyware , rootkits or any other devices that may be created, as a result of the USER's browsing of the Internet.
iv) For the improper use by any USER or third party of the Website and/or Application, in whole or in part, by any means or form, including, but not limited to, reproduction and/or disclosure in any media;
v) For the suspension, interruption or removal of the Website and/or Application.
vi) for any direct, indirect, accidental, exceptional or resulting damages for the use or inability to enjoy its services, or for the cost of acquiring substitute services.
X – FINAL PROVISIONS
10.1 X-PAY SMART reserves the right to change the terms of this Privacy Policy at any time, without prior notice and regardless of any amendment, by simply posting a revised version on its website. Any new revised version will come into effect as soon as it is posted on the X-PAY SMART website.
10.1.1. If the USER does not agree with the changes communicated in the manner above, he/she may terminate this Privacy Policy maintained with X-PAY SMART within 10 (ten) days, counted from the date of publication of the change. If the USER does not demonstrably express opposition to such changes within such period, this fact will imply full and unrestricted acceptance.
10.1.2. USERS already registered in the X-PAY SMART system through previous contracts, signed or not, will adhere to this Privacy Policy as of the date of publication on the X-PAY SMART website.
Published on the X-PAY SMART website on JUNE 5, 2019
