Privacy Policy

Introduction

Welcome to the Polpo Payments Privacy Policy. This policy describes how we collect, use, share, and protect the personal data of our users, including producers and end customers.

Polpo Payments is committed to protecting the privacy and security of our users’ personal data. By using our services, you agree to the practices described in this Privacy Policy.

Summary

1. Personal Data Processed by Polpo Payments Companies
2. Purposes of Personal Data Processing
3. Legal Bases for Processing
4. Personal Data Processed on Behalf of Third Parties
5. Personal Data Retention Period
6. Sharing of Personal Data
7. Integrations and Third-Party Partners
8. International Transfers
9. Rights Related to Your Personal Data
10. Security
11. Processing of Minors’ Data
12. Contact Information
13. Acceptance of the Privacy Policy

1. Personal Data Processed by Polpo Payments

1.1 The types of personal data we collect may vary depending on your interaction with Polpo Payments and possible affiliated companies. This may include:

• Registration Information: Full name, email address, and contact information.
• Financial Data: Bank data and payment information.
• Transaction Information: Details of transactions conducted on the platform.
• Usage Information: Data on how you use our services.
• Interaction Information: Communications, questions, or feedback you send to us.

1.2 Key Terms

• “Personal Data”: Refers to information related to an identified or identifiable individual, such as name, email address, bank data, among others.
• “Producers”: Users who use the Polpo Payments platform to offer products and services.
• “End Customers”: Users who purchase products or services from Producers through the Polpo Payments platform.

2. PURPOSES OF PERSONAL DATA PROCESSING

2.1. Purposes of Processing User Personal Data

Polpo Payments and its partner companies use personal data with the following intentions:

2.1.1. Providing and Improving the Platform:

• Link your account on the Platform to external social networks.
• Personalize the experience on the Platform according to your usage.
• Analyze behaviors, interests, and demographic characteristics.
• Continuously improve the Platform.
• Record your transaction history.
• Keep your registration data up to date.
• Send relevant messages, updates, and notifications for your account.
• Offer support for your needs.
• Facilitate the publication of your own content.
• Promote your creations using the tools available on the Platform.

2.1.2. Promoting and Optimizing Advertising and Marketing Activities:

• Register for events through sign-up.
• Send informative newsletters.
• Communicate via email, SMS, or phone calls.
• Distribute educational materials, such as e-books.
• Conduct advertising and promotional campaigns.
• Manually share media lists with platforms like Facebook and Google.
• Send marketing communications, including email marketing, remarketing, and other advertising strategies.
• Analyze browsing patterns to improve the offering of products and services.

2.1.3. Enabling Polpo Payments Services:

• Transmit essential payment-related information, such as transactional emails.
• Participate in arrangements with card-issuing entities.
• Issue electronic money as needed.
• Handle the accreditation and issuance of payment instruments.
• Manage payment accounts effectively.
• Convert physical currency to electronic format.
• Perform secure fund transfers.
• Enforce terms of use and policies related to the Polpo Payments Card.

2.1.4. Maintaining a Safe Environment:

• Ensure authentication when accessing the Platform.
• Verify the accuracy of data and documents through cross-checks.
• Send relevant messages to inform.
• Conduct analyses to prevent fraud, security incidents, and misuse on the Platform.
• Ensure the physical security of Polpo Payments’s facilities.
• Confirm registration information and relevant content.

2.1.5. Purposes of Processing Visitors’ Personal Data:

We collect personal data from Platform visitors for the following objectives:

• Develop advertising and promotional campaigns.
• Execute marketing strategies, including email marketing, remarketing, and other initiatives.
• Analyze browsing patterns on the Platform.
• Register for event participation.
• Distribute newsletters to inform.
• Communicate via email, SMS, or phone calls.
• Share educational materials, such as e-books.

3. LEGAL BASES FOR PROCESSING

Polpo Payments bases personal data processing on legal grounds established by applicable laws. These grounds vary according to the processing context and encompass the following legal bases:

3.1. Consent

When the User expressly agrees to the processing of their personal data, such as when accepting to receive advertising communications or participate in surveys. This consent can be revoked at any time by the user.

3.2. Compliance with Legal or Regulatory Obligation

If a legal or regulatory obligation requires Polpo Payments to process personal data, such as storing access records to comply with anti-money laundering regulations, the company will rely on these requirements to carry out the processing.

3.3. Execution of Contract or Related Procedures

When the processing of personal data is necessary to fulfill a contract between the User and Polpo Payments, or for pre-contractual procedures, such as processing payment information during a purchase on the Platform.

3.4. Regular Exercise of Rights in Judicial, Administrative, or Arbitral Proceedings

If there is a need to process personal data due to legal actions, administrative processes, or arbitral procedures, Polpo Payments will base the processing on these legal contexts.

3.5. Legitimate Interest

When Polpo Payments decides to process personal data based on a legitimate interest, after careful evaluation of the purpose and necessity of this processing, as well as the user’s expectations. This legal basis is used, for example, when sending newsletters related to the user’s interests, based on their interaction with the Platform. We always ensure that the User has the option to unsubscribe from these communications.

4. PERSONAL DATA PROCESSED ON BEHALF OF THIRD PARTIES

4.1. Processing Personal Data at the Request of Third Parties

Some personal information is subject to processing by entities within Polpo Payments at the request of third parties. This practice is governed by formal agreements, documented through written contracts, between Polpo Payments entities and third parties. For example, a Creator may request, through the Platform, additional personal information from the Buyer (“Creator’s Data”). The specific types of Creator’s Data may vary according to the Creator’s guidelines.

4.2. Processing Personal Data Related to Polpo Payments Services

Polpo Payments may also process certain personal data on behalf of third parties when you choose to use Polpo Payments Services. In transactions associated with Polpo Payments, Polpo Payments may collect information such as card number, cardholder name, expiration date, CVV code, taxpayer identification number, and payment transaction details on behalf of a partner payment institution and credit card network.

4.3. Responsibility in the Processing of Personal Data by Third Parties

The aforementioned third parties are also considered responsible for the processing of personal data in the context of offering their own products and services. In particular, these third parties may be Creators, whose obligations and functions are defined in the Personal Data Processing Agreement.

4.3.1. Especially in the case of Users who opt for payment on the Polpo Payments platform and have a contractual relationship with third parties. Therefore, they are also subject to the terms of use and privacy policies applicable to these third parties.

5. PERSONAL DATA RETENTION PERIOD

5.1. Duration of Data Processing

Personal information is processed by Polpo Payments entities until at least one of the following circumstances is reached. These circumstances include:

• Fulfillment of the processing purpose.
• When the personal information is no longer necessary or relevant for the specific purpose sought.
• Termination of the contract with the User, regardless of the reason.
• Exercise of the right to revoke consent by the User, in cases where personal data processing was carried out based on this consent.
• Possible penalties applied by the competent authority responsible for supervising, implementing, and enforcing compliance with current legislation or other relevant authorities.

5.2. Residual Storage of Personal Data

In specific situations, Polpo Payments entities may retain personal data residually even after the end of personal data processing situations. This occurs in compliance with legal or regulatory obligations, or when there is a legitimate purpose justified by Polpo Payments for such retention. In these circumstances, personal data will be kept in secure locations with restricted access, for the period necessary to fulfill legal or regulatory obligations, or until the legitimate purpose defined by Polpo Payments is achieved.

5.2.1. The retention periods for personal data vary according to the type of information and the purposes for which the information is used. To obtain specific details about the retention period for a particular category of personal data, please contact our Data Protection Officer.

6. SHARING OF PERSONAL INFORMATION

6.1. Sharing of Information with Third Parties:

Polpo Payments only shares personal information with third parties under the circumstances detailed below. It is important to emphasize that Polpo Payments does not sell or disclose personal information collected for financial gain. Such third parties establish written contracts with Polpo Payments and are fully aware of their responsibilities at all stages of the data processing process, notably the obligation to implement security measures in accordance with contractual terms and applicable laws.

6.1.1. User Consent:

When you grant your consent, we share your information as described at the time of consent. This may occur, for example, when authorizing the sending of personal information to third parties to enable your participation in events.

6.1.2. Legal Compliance, Harm Prevention, and Security:

When necessary, we may disclose your personal information to comply with applicable laws, regulations, legal processes, or government requests. This may include sharing personal data with competent authorities, judicial bodies, or regulatory agencies.

6.1.3. Service Providers and Business Partners:

We may share personal information with third-party service providers and business partners who assist us in operating, maintaining, and providing our services. These third parties may perform tasks such as payment processing, data analysis, marketing assistance, and customer service.

6.1.4. Affiliated Companies:

We may share personal information with our affiliated companies, including Polpo Payments Group companies, to facilitate and improve the services offered, as well as for legitimate business purposes. All affiliated companies adhere to this Privacy Policy or follow policies that offer similar or more protective standards.

6.1.5. Business Transactions:

In the event of a merger, acquisition, sale of assets, or similar business transaction, personal information may be transferred as part of the transaction. We will notify you of such transfers and the implications for your personal data.

6.2. User Data Sharing in Commercial Relationships:

We may share user data with Polpo Payments’s commercial partners in the following circumstances:

• To enable the marketing and sale of products or services by Polpo Payments’s commercial partners.
• To facilitate integration with services provided by commercial partners, including data analysis, customer support, and payment processing.

6.3. Shared Data Disclosure:

All data shared with third parties, including personal information, will be disclosed in accordance with this Privacy Policy and applicable laws. We will ensure that all third parties who receive personal information from Polpo Payments adhere to equivalent or stricter privacy and security standards.

7. INTEGRATIONS AND THIRD-PARTY PARTNERS

7.1. Third-Party Service Integrations:

Our Platform may contain links and integrations with third-party websites and services. Polpo Payments is not responsible for the privacy practices or content of these third-party services. We recommend that you review the privacy policies of these third-party services before interacting with them.

7.2. Use of Third-Party Services:

We use third-party services, such as cloud storage providers, payment processors, and analytics providers, to assist in the operation and maintenance of our services. These third-party service providers are bound by contractual obligations to protect your personal information and use it solely for the purposes specified in their agreements with us.

8. INTERNATIONAL TRANSFERS

8.1. Data Transfers Outside Brazil:

Your personal information may be transferred to and processed in countries other than your country of residence, including countries outside Brazil. These countries may have data protection laws that are different from those in your country. Polpo Payments ensures that any international transfers of personal information comply with applicable data protection laws and implement appropriate safeguards to protect your data.

8.2. Safeguards for International Transfers:

We use various safeguards, such as standard contractual clauses, to ensure that your personal information is adequately protected when transferred internationally. You can request more information about the safeguards we use by contacting our Data Protection Officer.

9. RIGHTS RELATED TO YOUR PERSONAL DATA

9.1. User Rights:

Under applicable data protection laws, you have the following rights regarding your personal information:

9.1.1. Right of Access: You have the right to request access to your personal information that we hold.

9.1.2. Right to Rectification: You have the right to request the correction of inaccurate or incomplete personal information.

9.1.3. Right to Erasure: You have the right to request the deletion of your personal information, subject to certain legal obligations or legitimate interests.

9.1.4. Right to Restrict Processing: You have the right to request the restriction of the processing of your personal information under certain circumstances.

9.1.5. Right to Data Portability: You have the right to request the transfer of your personal information to another data controller.

9.1.6. Right to Object: You have the right to object to the processing of your personal information based on legitimate interests, including profiling.

9.1.7. Right to Withdraw Consent: If we process your personal information based on your consent, you have the right to withdraw your consent at any time.

9.2. Exercise of Rights:

To exercise your rights, please contact our Data Protection Officer using the contact information provided in this Privacy Policy. We will respond to your request in accordance with applicable data protection laws.

10. SECURITY

10.1. Security Measures:

We implement appropriate technical and organizational measures to protect your personal information from unauthorized access, disclosure, alteration, or destruction. These measures include encryption, access controls, and regular security assessments.

10.2. User Responsibility:

You are responsible for maintaining the confidentiality of your account credentials and for any activities conducted through your account. We recommend that you use strong passwords and change them regularly.

10.3. Security Incidents:

In the event of a security incident that affects your personal information, we will notify you and the relevant authorities in accordance with applicable laws and our internal incident response procedures.

11. PROCESSING OF MINORS’ DATA

11.1. Children and Adolescents:

Our services are not intended for children under the age of 13. We do not knowingly collect personal information from children under 13. If we become aware that we have collected personal information from a child under 13, we will take steps to delete the information as soon as possible.

11.2. Parental Consent:

For users between the ages of 13 and 18, we require parental consent before collecting or processing their personal information. Parents or guardians can contact us to provide consent or request the deletion of their child’s personal information.

12. CONTACT INFORMATION

12.1. Data Protection Officer:

For questions, concerns, or requests related to your personal information or this Privacy Policy, please contact our legal team:

Email: [email protected]

Postal Address: 2201 Menaul Boulevard Northeast, Ste A, Albuquerque, NM 87107

13. ACCEPTANCE OF THE PRIVACY POLICY

By using our services, you acknowledge that you have read, understood, and agreed to this Privacy Policy. If you do not agree with this Privacy Policy, please do not use our services.

Last Updated: 08/31/2023