PRIVACY AND DATA PROTECTION POLICY
TERMS OF USE, ACCEPTANCE AND LIMITATION OF LIABILITY
UPDATE DATE: 08/08/2023
Our Policy is based on the following topics:
ABOUT BR HOLDINGS CAPITAL LTDA BRH
BRH is a company that provides a technological solution for access to services aimed at auxiliary activities of financial services, management of non-financial intangible assets, correspondents of financial institutions, portals, content providers and other information services on the Internet, intermediation and agency activities of services in general, except real estate.
BRH may act as a controller of your personal data and other data imputed by your access point / login, in certain situations for its own business purposes, such as when we send notifications about the accesses made and any clarifications requested or when we take preventive and reactive measures to identify, prevent and remedy fraud and security threats.
This Policy relates solely to the BRH Site. Products and Sites that you purchase from our customers and/or partners are subject to their own terms of use and privacy policies, as determined by them.
In addition, the payment methods you use for financial transactions conducted from our SITE may also be subject to the terms of use and privacy policies determined by financial institutions and card issuers.
ABOUT THE TYPES OF PERSONAL DATA BRH COLLECTS
Some of the data we use to bring our activities to you may be considered personal data, i.e. information relating to you which, individually or in aggregate, can identify you. We may use the following data for your enjoyment of our Site, or to improve your experience and our controls:
Identity Data: includes information about your identity, such as full name, tax identification number, date of birth, address, email address, mother's name and phone number.
Financial Data: where applicable, includes information about payment details, banking information and information of the payment methods used by you EVENTUALLY through our website.
Technical Data: includes information about your IP, time and date of access, geolocation, data about your accessing device and cookies.
Usage Data: Information about how you use our Site, such as profile, behavior, volume of transactions.
Biometric Data: includes information such as photos of your documents and personal photos.
We may also collect aggregated data, such as statistical or demographic data. This Aggregated Data may be derived from your personal data but is not considered personal data under the law as it does not directly or indirectly reveal your identity.
Biometric Data is the only sensitive data we may intend to process, solely for the purpose of providing security to our Site and you. You will be notified when we require this type of data.
COLLECTION OF PERSONAL DATA BY BRH
You may provide us with Identity Data and Financial Data when using our Site, especially in the exclusive customer area. Please note that personal data may be collected when you contact us through our communication and customer service channels. We may request Biometric Data for the sole purpose of preventing fraud and security threats and to confirm your identity.
When you access our Site, data may be collected automatically, such as Technical Data and Usage Data, through cookies, registrations on websites, applications, software and similar technologies.
We may also receive your personal data for leads provided by companies with whom you make product purchases or process related payments.
For your security in order to improve our Site, we may have access to your personal data from public sources, such as companies that introduce us to you, government agencies and service providers of our Site, or even fraud prevention agencies.
WHAT DOES BRH COLLECT PERSONAL DATA FOR?
Your personal data is used in accordance with the purposes set out below, with their respective legal bases, which authorize their processing:
Purposes
For the protection of you and our Sites, including processing payments, chargebacks and refunds, sending transaction notifications, verifying identity, identifying and preventing fraud and security threats, analyzing data, maintaining systems, hosting data, and complying with our legal and regulatory obligations.
To analyze transactions and consumer profile, for behavioral analysis and fraud prevention and security threats, to monitor and improve our performance and to enhance our Sites |
To manage our relationship with you, including service via our communication and customer service channels, which may involve procedures to confirm your identity and prevent fraud, among other related activities. |
For sending direct marketing communications to you via email or text message or digital communication channels, this is because we have you as a person in our professional and personal relationship.
We generally do not rely on consent as a legal basis for processing your personal data, except for sending you direct marketing communications via email, text message or other digital communication channels. We may also send these direct marketing communications on the basis of legitimate interest if we understand that you may be interested in the content disseminated by our Website.
You have the right to revoke your consent, or to object in the legitimate interest of BRH, directly in BRH's own communication, as soon as you receive it, by contacting us preferably via BRH's communication page, or directly by any means.
In other cases, if you refuse to provide personal data that we need because of law or regulation, or because of the terms and conditions of a contract with you, we may not be able to proceed properly.
We will only use your personal data for the purposes for which we collected it, unless we consider that we need to use it for another reason and that reason is compatible with the original purpose. In addition, if we need to process your personal data for a new purpose not originally listed, we will notify you by providing an explanation.
We may process your personal data without human intervention to analyze transactions and your access profile for behavioral analysis purposes and for fraud prevention and security threats. We may also do this to decide which marketing communications are suitable for you, analyze statistics and assess risks. All of this is done on the basis of our legitimate interests: to protect our business and to develop and improve our Website.
ABOUT DATA SHARING BY BRH
It may involve sharing your personal data, with companies in the same economic group; payment processors; fraud prevention agents; tax identification number agencies; bulk email senders platform; providers of card payment arrangements. We only share your data with companies that guarantee us compliance with industry security standards.
Your personal data may be shared with state bodies and regulatory agencies for compliance with legal and regulatory obligations to which we are subject in the geographical region in which we operate.
In addition, we may share your personal data to protect our rights, to protect the rights of our customers or third parties, to protect your legitimate interests or those of another person, to enforce our terms of use or other agreements, and to bring or defend legal claims.
We do not license, sell or transfer your personal data to anyone, under any circumstances, for profit or in any way contrary to this Policy.
TRANSFER OF PERSONAL DATA INTERNATIONALLY BY BRH
BRH is based in Brazil and your personal data is collected in accordance with Brazilian law. However, we may transfer your personal data internationally to improve your experience on our Site. Your personal data may be transferred to the USA in case the company responsible for hosting your information is located there.
Before transferring your personal data internationally, we ensure that such transfer takes place in accordance with the degree of protection required in this Policy. To this end, your personal data will only be transferred to parties located in countries or international organizations that legally have an adequate degree of data protection or that are in accordance with contractual clauses required by us.
TIME FOR WHICH PERSONAL DATA IS STORED BY BRH
Your personal data will remain only for as long as necessary to fulfill the purposes for which it was collected, including for the purpose of complying with any legal, contractual, accountability or request from competent authorities, subject to a minimum period of 10 (ten) years from the year following the end of our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purpose for processing your personal data and whether we can achieve those purposes through other means. If certain data is no longer necessary for the achievement of a certain purpose, it will be deleted or subject to anonymization.
If you request the deletion of your personal data, we will delete it as soon as the legal retention period mentioned above has elapsed, unless its retention is determined on the basis of legal obligations or at the request of a competent authority.
PERSONAL DATA SECURITY ADOPTED BY BRH
We have established appropriate administrative and technical security measures to prevent your personal data from being used or accessed in an unauthorized manner, altered or disclosed, or accidentally lost. In addition, access to your personal data by employees, agents, contractors and other third parties is only to the extent necessary to carry out their activities. They will only process your personal data in accordance with our instructions and will be subject to a duty of confidentiality.
We have established procedures for dealing with any suspected personal data breach and will notify you and any applicable regulator of any breach if we are required to do so.
Our Sites follow high standard security rules, using encryption, access control, advanced monitoring, security updates, breach testing and other procedures required by both regulation and our payment processing partners, paying attention to the standards contained typical of PCI-DSS and ISO/IEC 27001 certificates.
Although we adopt strict security standards, the transmission of information on the internet is not completely secure and, although we do our best to protect your personal data, we cannot guarantee the security of your data transmitted online.
YOUR RIGHTS AS A DATA SUBJECT
We summarize below all your rights as a data subject that can be exercised by contacting us:
Right of access. You can request and receive a copy of your personal data that we hold. In addition, you can request clarification on how we collect your personal data, what criteria we use, what purpose we process it for and with whom we share your personal data.
Right of rectification. You can request the rectification of personal data that is incomplete, inaccurate or outdated by checking the validity of the data you have provided to us.
Right to anonymization, blocking or deletion. You may request the anonymization, blocking or deletion of personal data that you believe is being processed in a manner contrary to this Policy or in non-compliance with applicable personal data protection legislation.
Right to object. You may object to processing of your personal data that is not carried out on the basis of your consent if you believe that such processing is in breach of your rights. In such cases, we can demonstrate that we have legitimate grounds to process your personal data in accordance with this Policy and to provide our Sites properly.
Right of deletion. You may request the deletion of your personal data stored by BRH, processed with your consent, which is no longer necessary or relevant for the provision of the Sites, provided that we have no other reason to keep it, such as to comply with a legal or regulatory obligation to retain the data or to safeguard BRH's rights.
Right not to provide consent. You can refuse to have personal data processed on the basis of your consent at any time. However, if you withdraw your consent, it is possible that we will not be able to offer you access to part of the Sites properly - the consequences of which we will explain to you in due course.
Right of review. You can request a review of decisions made solely on the basis of automated processing if you think they are affecting your interests.
Right to portability. You have the right to request the portability of your personal data in a structured and interoperable format.
To submit your concerns, you must make an express request, on your own behalf or through your legal representative, to the BRH contact addresses described in the topic below. There will be no cost to you for this request. However, we may charge a fee if your request is clearly repetitive or excessive, or we may refuse to comply with your request in these circumstances.
In order to exercise these rights, we may need to check your identity and the validity of your personal data. This is a security measure to ensure that personal data is not disclosed to any person who is not entitled to receive it. BRH may also contact you for further information in relation to your request.
Confirmations of the existence of data processing and access to your data will be provided immediately in a simplified format or, by means of a detailed statement, within 15 days. For other responses to your requests, BRH will try to respond to you within 30 days. Occasionally, we may take longer if your request is particularly complex or if you have made multiple requests. In this case, BRH will notify you and keep you updated on the progress of your request.
DISCLAIMER AND LIMITATION OF LIABILITY
This site does not contain any products or services offered, and at no time should any information contained on this site be construed as an offer to buy or sell securities, commodities or instruments, investment recommendation; nor does this site confirm any investments, transfer of money or capital in any way; it does not constitute any form of agreement. The website is purely informational and we reserve the right to respond to communications. The site may contain links to other sites or pages that may cause damage to your device and we assume no liability in any way. This website is entirely private and discretionary. You enter at your own volition and we are not liable for any financial or other losses to the visitor(s). If you choose to enter, you agree that BR Holdings Capital Ltda, its officers, owners, employees, controlled companies, controllers, associates, partners, service providers and legal advisors are fully exempt from any loss that may occur due to your access to our website. The website is hosted transparently and uses cookies.
TERMS AND CONDITIONS
BR Holdings Capital Ltda [BRH] and its members, directors, owners, holding companies, parent or controlled companies, business units, employees, agents, representatives, suppliers and service providers, subsidiaries, partners and third parties provide this website (the "Site") for informational purposes only. Use of and access to the Site and the information, materials, services and other content available on the Site ("Content") are subject to these terms of use and all applicable laws. BR Holdings Capital Ltda [BRH] represents the interests of its controlling shareholders and companies that may be individually or jointly owned by them.
NO INVESTMENT RECOMMENDATION
The Content is for informational purposes only; you should not construe any information or other material as legal, tax, investment, financial or any other advice. Nothing contained on our Site constitutes a solicitation, recommendation, endorsement or offer by BRH to any third party service provider, individual, company or financial institution to buy or sell any securities or other financial instruments in this or any other jurisdiction in which such solicitation or offer would be unlawful under the securities laws of that jurisdiction.
All Content on this Site is general in nature and does not address the circumstances of any particular individual or entity. Nothing on the Site constitutes professional and/or financial advice, nor does any information on the Site constitute a comprehensive or complete statement of the matters discussed or the applicable law. BRH is not a fiduciary by virtue of any person's use of or access to the Site or Content. You assume sole responsibility for evaluating the merits and risks associated with the use of any information or other Content on the Site before making any decision based on such information or other Content. In exchange for using the Site, you agree not to hold BRH, its affiliates, or any third-party service provider liable for any possible claim for damages arising from any decision you make based on the information or other Content made available to you through the Site.
PRODUCTS AND SERVICES
BR Holdings Capital Ltda does not provide any form of service or product to any client or third party entity, individual or otherwise. We do not offer direct products/services. For details of our underlying companies and businesses, please write to us at contato@bm-advocacia.com.
RELATED THIRD PARTY WEBSITES
As a convenience to you, the Website may provide hyperlinks to websites operated by third parties. By selecting these hyperlinks, you will leave the current website. Because we have no control over such sites or their content, BR Holdings Capital Ltda is not responsible for the availability of these external sites or their content, and BRH does not adopt, endorse or is responsible or liable for such sites or content, including advertising, products or other materials, from us or available through such sites or resources. Other web sites may provide links to the Site or Content with or without our authorization. BRH does not endorse such sites and shall not be responsible or liable for any links from such sites to the Site or Content, or for any content, advertising, products or other materials available on or through such other sites, or any loss or damage incurred in connection therewith. BRH may, in its sole discretion, block links to the Site and Content without notice.
YOUR USE OF THIRD PARTY WEBSITES AND CONTENT, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY INFORMATION, DATA, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON THE WEBSITES, IS AT YOUR OWN RISK AND SUBJECT TO THE SPECIFIC TERMS OF USE.
LIMITATION OF LIABILITY
IN THE EVENT OF DISSATISFACTION WITH YOUR USE OF THE SITE AND ITS CONTENT, WE RECOMMEND THAT YOU STOP USING THE SITE OR ITS CONTENT. BRH IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR LOSS OF OTHER INTANGIBLE PROPERTY. IN PARTICULAR, AND WITHOUT LIMITATION, BRH SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF YOUR USE OR INABILITY TO USE THE SITE OR CONTENT.
Although we attempt to maintain the integrity and security of the Site and the servers from which the Site is operated, we do not warrant that the Site or Content will be or remain secure, complete or correct, nor that access to the Site or Content will be uninterrupted or error-free. The Site and Content may include inaccuracies, errors, and materials that violate or conflict with these Terms. In addition, third parties may make unauthorized changes to the Site or Content. If you become aware of any unauthorized changes by a third party to the Site or Content, please contact us at contato@bm-advocacia.com with a description of the material(s) in question and the URL.
NOTICES, COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, consent or agreement you transmit on the Site or any other aspect of BRH's services that you access by computer or other electronic device, including the internet, telephony and wireless devices, including, but not limited to, any consent you give to receive communications from us solely by electronic transmission. You agree that when in the future you click on a "Submit" or "I Agree" button or other similarly worded "button" or input field with your mouse, keyboard or other device, your agreement or consent will be legally binding and enforceable and legally equivalent to your handwritten signature.
LIMITED RIGHT OF USE/OWNERSHIP OF CONTENT
You are permitted to use the Site and the Content for personal, non-commercial use only. The Site and the Content are and will remain the property of BRH and are protected by copyright, trademark, patent and/or other intellectual property rights, labor rights and proprietary laws. You may use the Site and Content for your personal, non-commercial use, provided that you maintain all copyright, trademark, patent and other proprietary notices. Except as expressly authorized in advance by BRH in writing, you agree not to reproduce, modify or create derivative works from, rent, lease, loan, sell, distribute, publish, publicly perform or display, reverse engineer, disassemble or disassemble, in whole or in part, the Site or the Content.
BRH's trade names, trademarks and service marks include, but are not limited to, BRH and any associated logos. All trademarks and service marks on the Site that are not owned by BRH are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any BRH trade names, trademarks, or service marks without our express prior written consent.
CLOSURE OR LIMITATION OF ACCESS
BRH, in its sole discretion, may terminate your access to the Site and the Content, at any time and for any reason. Your access to the Site and Content may be terminated without notice. BRH will not be liable for any termination of your access to the Site or Content, or any related information or files, and will not be obligated to make such information or files available to you after such termination.
RULES OF CONDUCT
Your use of the Site and the Content is conditioned upon your compliance with the rules of conduct set forth herein. You do not:
- You will use the Site or the Content for any fraudulent or illegal purpose.
- Interfere with or disrupt the operation of the Site or Content or the servers or networks used to make the Site and Content available; or violate any requirements, procedures, policies or regulations of such networks.
- Restrict or inhibit any other person from using the Site or the Content (including, without limitation, hacking or defacing any part of the Site or the Content).
- You will use the Site or the Content to advertise or offer to sell or buy any goods or services without BRH's prior written consent.
- You will reproduce, duplicate, copy, sell, rent or otherwise exploit for commercial purposes any part of the Site or the Content.
- You will modify, adapt, disassemble, decompile or disassemble any part of the Site or the Content.
- Remove any copyright, trademark or other proprietary rights notices from the Site or materials originating from the Site or the Content.
- It will create a database by systematically downloading and storing the Content.
- Use any robot, site search/retrieval application, or other manual or automatic device to retrieve, index, "scrape," "data mine," or in any way collect Content or reproduce or circumvent the navigational structure or presentation of the Site without the prior written consent of the Company.
INDEMNIFICATION
By accessing and using the Site and Content, you agree to indemnify, defend and hold harmless BR Holdings Capital Ltda; its owners; our global offices, employees, associates, law firms, service providers, network partners, contacts and personnel (including its directors, owners, partners, employees, agents, information providers, licensors and licensees) (collectively, the "Indemnified Parties") from and against any and all claims, losses, costs and expenses (including attorneys' fees) arising out of or relating to (a) any breach (or allegation, which if true, would constitute a breach) by you of these Terms and (b) your use of or activities in connection with the Site and the Company. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement that affects the rights of, or requires any action by, any of the Indemnified Parties without our prior written approval.
JURISDICTION
The Site is controlled and operated by BR Holdings Capital Ltda with ownership in Brazil and is not intended to subject BR Holdings Capital Ltda to the laws or jurisdiction of any country or territory other than BRAZIL by reason of the ownership module. BR Holdings Capital Ltda does not represent or warrant that the Site or any portion thereof is appropriate or available for use in any particular jurisdiction other than Brazil where the property is registered or licensed or exempt from registration or licensing under applicable state or federal law. When you choose to access the Site, you do so on your own initiative and at your own risk, and you are responsible for compliance with all local laws, rules and regulations. We may limit the availability of the Site to any person, geographic area or jurisdiction.
CHANGES AND UPDATES
BRH may change the terms of use at any time at its discretion by posting revisions to the Site.
The above terms and conditions are not exhaustive and for more information on our legal structures: contato@bm-advocacia.com
LEGAL NOTICE
BR Holdings Capital Ltda [BRH] is a controlling entity for the wholly owned businesses and ventures through a vertically integrated umbrella structure that is designed to host business ownership and management under a unified structure. BRH exclusively serves the interests of the controllers and partners; consolidates and distributes dividends and retained earnings from underlying businesses, ventures and assets, investments.
BRH does not offer any services or solutions to any third party entity, individual or corporation. BRH does not provide any third-party asset management, wealth management services or products, does not manage public or private retail money/funds; is not regulated by any financial regulatory authority and is not linked to any Regulatory Association, CVM or BACEN.
Any investment funds in which we participate or may participate are separately constituted subject to regulation by the CVM by their administrators, managers, auditors and constitute separate business entities excluded from the responsibility of BR Holdings Capital Ltda.
BRH offers various products and services through its operating units. For information on our underlying structures, regulatory compliance and business modules, please write to us at contato@bm-advocacia.com.
Please note that BRH does not provide any direct products or services; BRH does not invest directly in any asset classes; all activity in global markets is conducted under the "BRH" brand. BRH hosts a diverse range of business units focused on multiple practice areas. While all contracts, agreements, collaborations, investment arrangements and investments are signed and managed by BRH on behalf of the Units; operations are conducted and managed on a decentralized basis, specific to each operating platform and expertise, and are tied to each specific special purpose vehicle or entity modeled and maintained on a decentralized basis.
BRH acts as the front office for all marketing, branding and operational directives on behalf of its decentralized entities. While the decentralized entities remain independent in their operational capacities, BRH remains the umbrella unit for all communications and reporting.
BRH does not provide financial advice, financial intermediation services, payment services, custody or management. All our operations are carried out exclusively through underlying operating and holding units and managed by globally regulated management umbrellas to provide all compliance requirements to investors, clients and partners. BRH does not charge or invoice any client or individual and does not offer products or services in any segment of the financial industry. BRH was established solely as a holding company to consolidate our decentralized ventures and their revenues into a single distribution point. BRH is not responsible for any contracts and all responsibilities and liabilities are managed within the business holding units.
CONTACT: +1-888-547-0111