PRIVACY POLICY

1. E-Commerce and Personal Data

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Through the E-Commerce, Kolpast offers the User various functionalities, such as purchasing products, offering discounts, sending promotional material, among others (together referred to as “Services”).

In order for Kolplast to be able to adequately offer the Services through its E-Commerce, it is necessary that a certain personal data of Users (“Personal Data”) be collected and processed.

The E-Commerce is aimed at people over 18 (eighteen) years old. When registering in the E-Commerce, the User declares to be over 18 (eighteen) years old. If the User is under 18 (eighteen) years of age, he will not be able to register on the Site, as Kolplast does not collect data, not even for registration, from minors.

The access and registration of legal entities must necessarily be carried out by a duly authorized legal representative. The legal entity and its respective legal representative will be considered “Users”, to the extent as the respective Personal Data is provided and processed by Kolplast.

 

2. Personal Data Collected and Processed

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The Personal Data collected and processed by Kolplast are:

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a) Personal Registration Data: when registering in the E-Commerce, User informs:

• Full name;

• Tax ID number;

• Complete Corporate Name;

• Company’s registration number;

• Date of birth;

• CRM, if applicable;

• EQR, if applicable;

• Landline Phone;

• Cell Phone;

• Email;

• Home address; and,

• Business Address, if applicable.

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If the User uses a social network account to create his E-Commerce registration, Kolplast will collect the Personal Data indicated when linking the social network account. Generally, Personal Data collected from social networks are:

• Full name/Company name;

• Email; and,

• Telephone.

 

b) Sensitive Personal Data: on certain occasions, the Personal Data indicated below, considered as Sensitive Data, will also be collected:

• Medical Statement/ Prescription; and,

• Data referring to health.

 

c) Device Information: Kolplast may use other technologies to collect navigation data, which includes, but is not limited to, cookies, pixels, web beacons and other Java Script resources when Users interact with the E-Commerce. However, such technologies will always respect the terms of this Policy and the User's options regarding the processing of Personal Data.

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d) Other Information Provided by Users: other information voluntarily provided by Users may be collected.

 

3. Purpose of collection and processing of Personal Data

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Users' Personal Data will be used by Kolplast only for the purposes described in this Policy. The use of Personal Data for purposes not described in this Policy will be previously informed by Kolplast to Users.

Personal Data is collected and processed for the following purposes:

a) Personal Registration Data: are collected and processed for the purposes of:

• Registration;

• Authentication and simple identification in the E-Commerce;

• Simple identification using email;

• Simple identification using social network(s);

• Complete identification;

• Carrying out purchases and deliveries of purchased items;

• Access to the E-Commerce to make purchases through an attendant;

• Consultation of the order in E-Commerce and information to the User regarding the status;

• Release of discounts;

• Confirmation of Personal Data for order delivery;

• Confirmation of Personal Payment Data to finalize the purchase via E-Commerce;

• Sending reminders for unfinished purchases;

• Sending e-mails and SMS with promotions;

• Sending a purchase confirmation email to the User;

• Contact with the User in case of fraud;

• Sending the order for product separation;

• Sending Personal Data and product to the carrier; and,

• Returning or exchanging products.

 

b) Sensitive Personal Data: are collected and processed for the purposes of:

• Verification of credit card payment fraud; and,

• Assistance regarding Kolplast products.

 

c) Other Purposes: if necessary, Kolplast may use Personal Data to contact Users, for example: (i) communicate about promotions and offers; (ii) report changes to terms and internal policies; (iii) respond to queries, complaints and requests; (iv) comply with any legal and regulatory obligations to which Kolplast may be subject; and, (v) investigate and instruct any legal, administrative or arbitration proceedings in which Kolplast may be a party.

 

4. Personal Data Maintenance Period

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Personal Data will be kept by Kolplast only: (i) for as long as necessary for the purposes described in this Policy; (ii) for periods established by legal determinations; and, (iii) for the time necessary for the regular exercise of Kolplast’ rights in judicial, administrative or arbitration proceedings.

 

Personal Data may be kept by Kolplast in an anonymized manner, that is, without being or being able to be related to a User, for longer periods, considering the use of reasonable technical methods available at the time of the processing of the Personal Data.

The information collected by Kolplast regarding the Users' IP address and registered Users' access records will be stored for the period established in Law nº 12.965/2014 (The Civil Rights Framework for the Internet, of April 23rd 2014).

 

5. Sharing of Personal Data

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For the security of Users, there will be no sharing of Sensitive Personal Data with third parties that aim to obtain economic advantage or other purposes prohibited by law.

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Kolplast may, from time to time, share Personal Data with the following natural or juridical persons:

a) Service Providers: for Kolplast to be able to provide the Services to Users, Kolplast relies on the collaboration of several service providers, including, but not limited to, for analysis and maintenance of the database, provision of means of payment, verification of credit cards payment and fraud, sending the product to the carrier and sending advertising messages.

b) Judicial, police or governmental authorities: Kolplast may be obliged, by court order and/or legal or regulatory obligation, to disclose certain Personal Data of Users to judicial, police or governmental authorities.

c) Potential buyers or investors: Kolplast may share your Personal Data with potential buyers or investors, in case of sale or transfer of part or all of Kolplast’ commercial activity, business or operation. If the sale or transfer is not completed, Kolplast will ask the potential buyer/investor not to use and not to disclose the Personal Data, as well as to delete the Personal Data completely.

d) To the External Market: if Kolplast transfers Personal Data abroad and if the country that receives the Personal Data does not have an adequate level of protection of Personal Data, as determined by the National Data Protection Authority (“NDPA”), Kolplast will implement, prior to the transfer, the most appropriate mechanism to guarantee the legality of the international transfer of Personal Data, according to the rules contained in the LGPD and other applicable regulations.

 

6. User Rights

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Under the terms of the LGPD, Users have the following rights:

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• confirmation by Kolplast that it has processed your Personal Data;

• access to your respective Personal Data;

• the correction of your respective Personal Data that is incomplete, inaccurate or out of date;

• the anonymization, blocking or deletion of their respective Personal Data that is unnecessary, excessive or treated in violation of the provisions of the LGPD;

• the portability of your respective Personal Data to another service or product provider, observing Kolplast’ commercial and industrial secrets, after regulation by the National Authority for the Protection of Personal Data;

• the elimination of their respective Personal Data processed based on the User's consent, except in the cases of conservation of Personal Data provided for in the LGPD;

• information about who Kolplast has shared your Personal Data with;

• information about the possibility of not agreeing with the collection and treatment of your respective Personal Data and the respective consequences; and,

• revocation of the User's consent to the collection and processing of their respective Personal Data, when the Personal Data are processed based on the User's consent (see item 8 below).

 

7. Storage and Protection of Personal Data

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It is Kolplast’ commitment to ensure the security of any and all Personal Data collected.

Personal Data will be securely stored by Kolplast in a third-party data center located in Brazil and/or abroad. Currently, Kolplast has contract for a data center service provided by a cloud computing service operators as well as locally on the Kolplast’ servers. Before sending Personal Data for storage in other countries, Kolplast will take steps required by law to ensure that Personal Data remains protected.

Kolplast adopts the best technical and administrative practices to protect Personal Data from unauthorized access, destruction, loss, alteration, communication or any form of inappropriate or unlawful treatment of data. Remember, however, that no platform is completely secure. Therefore, in case of concern or suspicion that their respective Personal Data are at risk, as in the case, for example, of third parties having access to the User's personal password, the User must immediately contact Kolplast, sending an email to privacidade@kolplast.com.br.

Kolplast reinforces that the User is responsible for the confidentiality of his information, which is why Kolplast recommends that login, passwords or any type of the E-Commerce access key are not shared with others.

 

8. Consent to Use of Personal Data by Kolplast

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The LGPD establishes several situations in which the processing of Personal Data is allowed regardless of the consent of the respective holder. These are the so-called “legal bases for the processing of Personal Data”. This means that, if the User chooses to use the E-commerce, in certain cases Kolplast may collect and process the Users' Personal Data regardless of the Users' prior consent (and provided that there is a "legal basis" provided for in the LGPD that authorizes the Kolplast to do this). In other cases, Kolplast will ask for the User's consent to use the respective Personal Data.

By clicking on “I provide my consent for the processing of my Personal Data, where applicable” the User will be providing consent for the processing of the respective Personal Data by Kolplast, under the terms of this Policy.

 

9. Amendments to this Policy

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THIS POLICY CHANGES AND REPLACES, IN RELATION TO THE PROCESSING OF PERSONAL DATA, THE PREVIOUS PRIVACY POLICY, IN ORDER TO ADAPT TO THE PROVISIONS OF THE LGPD, AND, BY ACCEPTING THE TERMS OF THIS POLICY, BOTH NEW USERS AND THOSE WHO HAVE ALREADY REGISTERED, ARE AWARE THAT KOLPLAST WILL TREAT AND/OR CONTINUE TO TREAT PERSONAL DATA COLLECTED OR ALREADY COLLECTED UNDER THIS POLICY. IF THE USER DOES NOT AGREE WITH THIS TREATMENT OF PERSONAL DATA, IT WILL BE SUFFICIENT TO CANCEL HIS REGISTRATION.

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Kolplast may change the provisions of this Policy at its full and exclusive discretion and at any time.

Any time Kolplast materially changes this Policy, such changes will be valid, effective and binding upon being: (1) posted via E-Commerce; and/or (2) otherwise communicated to Users.

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The User will be able to check the updated version of this Policy every time he visits the E-Commerce.

Any clause or condition of this Policy that, for whatever reason, may be deemed null or ineffective by any court or tribunal, will not affect the validity of the other provisions of this Policy, which will remain fully valid and binding, generating effects to their fullest extent.

 

10. How to Solve Doubts

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In case of doubts, complaints, communications, requests for clarifications and/or measures, requests for Personal Data, among other measures related to privacy and protection of Personal Data, please contact our “Personal Data Processing Officer” directly, through one of the contacts below:

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• privacidade@kolplast.com.br

• Telephone: (11) 4961-0900

• The Kolplast

• To the Person in Charge of Personal Data Processing

• Benedito de Souza Municipal Road, No. 418

• Bairro da Mina – Itupeva/SP/Brazil

• Postal Code: 13299-364

 

11. Sales Channel

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If the User's registration was carried out through any of the Sale’s channel, this Policy was presented to the User through the available means, for understanding of its terms before the respective acceptance.

 

12. Legitimacy

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This Policy comes into effect on 12/15/2022 and will remain in effect for an indefinite period.

 

13. User Consent

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BY READING THIS POLICY AND CLICKING ON “I HAVE READ AND AGREE WITH THE TERMS AND CONDITIONS OF THE PRIVACY POLICY”, THE USER DEMONSTRATES THAT THEY AGREE WITH EVERYTHING STATED IN THIS DOCUMENT AND THAT THEY ACCEPT THAT THEIR PERSONAL DATA WILL BE STORED AND PROCESSED WITH ALL SECURITY BY KOLPLAST, UNDER THE TERMS AND CONDITIONS OF THIS POLICY. WE REMEMBER THAT THE CONSENT CAN BE revoked BY THE USER AT ANY TIME.

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With the express acceptance of the User, Kolplast understands that the User agrees with all the terms and conditions contained in this Policy.