PRIVACY NOTICE

Vockan Consulting

Last Updated: May 24, 2023

BY ACCESSING, USING OR REGISTERING IN THE WEBSITE WWW.VOCKAN.COM (“Platform”), OPERATED AND MADE AVAILABLE BY VOCKAN CONSULTING LTDA., WITH HEADQUARTERS AT AVENIDA ENGENHEIRO LUÍS CARLOS BERRINI, NO. 962, CONJUNTO 102, ANDAR 10, BROOKLIN, SÃO PAULO/SP, BRAZIL, ZIP: 04.571-906, REGISTERED IN BRAZIL UNDER THE GENERAL TAXPAYER’S REGISTRY (CNPJ/MF) NO. 45.829.383/0001-43 (“Vockan”, “us” or “we”), YOU DECLARE TO BE AWARE OF AND FULLY UNDERSTAND THE TERMS OF THIS PRIVACY NOTICE (“Privacy Notice”).

For the purposes of this Privacy Notice, “Data Subject” is any natural person who accesses the Platform and/or relates directly or indirectly to us. We are the “Controller”, being responsible for decisions regarding the processing of personal data executed directly and/or indirectly by us.

Among other individuals who may relate to Vockan, the following persons are considered Data Subjects: users, prospects and consumers.

If you are visiting our website or contacting us on behalf of a company, you warrant that you are duly authorized and have the necessary powers to acknowledge and accept this Privacy Notice on behalf of the referred company.

1.       Platform and services

We are a company specialized in the distribution and sales of QAD software portfolio in Brazil.

2.      Data protection officer

We appoint the person qualified below for the position of “Data Protection Officer” or “DPO”, who shall then be responsible for assisting and guiding Data Subjects in all matters relating to this Privacy Notice or the processing of personal data carried out by us, as well as act as a communication channel between the Data Subjects, Vockan and the local Data Protection Authority.

Name: Alan Leite

E-mail: alan.leite@vockan.com

3.      data processing

In order to access and use the Platform, relate to us and/or buy our products, you – the Data Subject – will need to provide certain information to us, which are essential for the operation of the Platform and/or for the activities of Vockan (including due to legal or regulatory obligations).

When you contact us by filling out the forms available on our website, by using the contact information on our website or through one of our social channels (including LinkedIn, Twitter and Facebook) we collect the information you provide to us. This typically includes your name, email address, phone number and any additional information you include in your message.

If you leave comments on our website, we collect the data shown in the comment form (name, e-mail address and phone number), as well as your IP address and browser user agent string, in order to help spam detection. An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

By accessing or using the Platform, you, the Data Subject, are aware – as a natural person – of the processing of the aforementioned data, as well as declare that by providing data of third parties, personal or not, on the Platform (directly or through the insertion of documents containing such data) and/or to us, such provision is in accordance with the applicable law and does not violate the rights of third parties, being responsible for any and all claims or losses arising from the processing of personal data entered by you in the Platform (directly or by inserting documents containing such data) and/or provided by you, by any means, to us.

4.      Purposes and Use of YOUR Data

This Privacy Notice lists below the main situations in which – and the purposes for which – the data of the Data Subjects, as well as the data of third parties in any way collected by Vockan, are used:

Services: We will use personal data for: (a) the purposes of responding to your inquiries; (b) performance of due diligences; and (c) opening calls for support.

Use of the Platform: We will use personal data to: (a) facilitate the identification of the Data Subject on the Platform; (b) provide the necessary interactivity on the Platform, (c) resetting Data Subject’s password regarding their account in the Platform; and; (d) operate and improve the Platform.

Communication: We will use the personal data of the Data Subjects to contact the Data Subjects, as well as to send notices and/or reminders. We may send Data Subjects communications about the availability of the Platform, Vockan’s products, the security of the Platform or other issues in any way related to the Platform and/or Vockan, such as messages on how to use the Platform or information about any updates available (e.g. status of purchase orders).

Advertising: We may use personal data to: (a) send marketing e-mails relating to the Platform, Vockan’s products or Vockan and/or to companies of the same economic group of Vockan; (b) display and/or send advertisements that are compatible with the Data Subject’s profile, and such advertisements may refer to the Platform, Vockan and/or third parties. If the Data Subject is no longer interested in receiving advertisements, the Data Subject must contact the DPO, stating that they no longer wish to receive advertising communications.

Activities of the Data Subject’s on the Platform: We record the data of access and use of the Platform when the Data Subjects in any way access or use the Platform. The Platform uses the access information, cookies, device information and IP (Internet Protocol) addresses to identify the Data Subject or record the use they make of – or their activity on the – Platform. If the Data Subjects leave a comment, the content of the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue. For users that register on our website, we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (with the exception of your username, which may not be altered). Our website administrators can also access and edit that information.

Controller’s Database: We securely store the personal data indicated in chapter 3 of this Privacy Notice, so that we can carry out our activities and offer our products and services through the Platform.

Storage and backup: We back up information relating to the Platform and Vockan, which may include personal data.

5.      Cookies AND SIMILAR TECHNOLOGIES

The Platform may use cookies or other technologies to help personalize the Data Subject’s experience. Cookies are small text files stored in your computer’s memory. A cookie contains information that can be read later by a server located in the domain that issued it. The information that cookies collect includes, amongst others, the date and time of the Data Subject’s access, the Data Subject’s browsing history, etc.

Cookies bring several benefits, since they allow the identification of previous Data Subjects when they return to the Platform, enabling the targeting of personalized content and/or similar services and products. Cookies also save time by making it unnecessary to enter the same information multiple times.

If you leave a comment on our website you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year. If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser. When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed. If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after one day.

Some articles on our website may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website. These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that third-party website. Please read the privacy notices provided by the particular third-party’s website you are sharing through before posting any personal information using these links

6.      Duration of Data Processing

Personal data will be processed by us for as long as the purposes provided in this Privacy Notice remain applicable and/or there is a need to maintain them, for instance to comply with the legal time limits of storage, or to comply with other applicable legal or regulatory obligations.

Once the purpose or legal need is exhausted, the data will be deleted through safe disposal methods, or anonymization for purely statistical purposes.

7.      Responsibilities and statements of the DATA SUBJECT

The Data Subject declares and acknowledges that the data, including personal data, made available on the Platform and/or to us (directly or by inserting or making available documents containing such data), is complete, true and up to date, as well as it does not violate any third party rights or applicable law.

If the aforementioned statement is not fully correct and/or the obligations assumed herein are not adequately fulfilled, the Data Subject is exclusively and fully liable for any damages caused to Vockan or any third parties.

The Data Subject is responsible for the activities they execute on the Platform or for the information, including personal data, that they insert into the Platform (directly or by inserting documents containing such data) and/or make available to us.

In the event that Vockan is demanded, at any time, for facts or acts of which the responsibility is attributed to the Data Subject, in accordance with the terms of this Privacy Notice, the Data Subject and shall be jointly responsible and shall: (a) voluntarily intervene in the demand, requesting the immediate exclusion of Vockan from the claim, (b) assume full and exclusive responsibility for the payment and/or the measures claimed, and (c) reimburse, in full, Vockan for the costs and expenses incurred as a result of the demand. If such exclusion is not executed, the Data Subject shall be responsible for the payment and full compliance with the decision or, if applicable, shall immediately reimburse Vockan.

8.      Data Sharing

The present Privacy Notice indicates below the situations in which the personal data of the Data Subject, as well as the personal data of third parties that in any way are inserted in the Platform by the Data Subject, will be shared by Vockan:

Group companies: We may share information, including personal data of the Data Subject and third parties, with affiliates and companies of the same group whenever such sharing is important for the operation of the Platform, for the performance of legal or regulatory obligations and/or are in the interest to the Data Subject.

Corporate operations: As a result of any corporate restructuring transactions, mergers, acquisitions, incorporations and the like, Vockan may share or even transfer information, including personal data of the Data Subject and third parties, to individuals or legal entities that in any way are involved in the transaction.

Partners and service providers: We may share information, including personal data of the Data Subject and third parties, with companies, organizations or individuals providing services on behalf of Vockan to, for example, deliver purchase orders, implement security measures, provide software availability and/or repositories necessary for the activities of Vockan etc. These companies shall receive permission to obtain only the necessary information to adequately render their services and may be obligated to maintain confidentiality of the information.

Prevention of fraud and security: We may disclose or share information, including personal data of the Data Subjects and third parties, if they believe, in good faith, that the access, use, retention or disclosure of the information is reasonably necessary to (a) detect or prevent fraud, as well as resolve technical or security issues, and (b) ensure the security of the Platform, Vockan, the Data Subjects and third parties. In these cases, data and information may be shared with third parties responsible for the investigation, including judicial organizations, authorities and information technology or information security companies.

Legal demands and investigations: We may disclose or share information, including personal data of the Data Subjects and third parties, with authorities and/or public agencies, regulatory agencies, legal authorities (e.g. regional police stations), regional authorities, consumer protection agencies, government and judicial organizations and/or lawyers in the following cases: (a) to comply with a judicial decision or governmental  request; (b) to safeguard rights and prevent Vockan’s responsibilities; (c) to investigate, prevent or take action related to suspicious or actual illegal activities, or to cooperate with public agencies, and (d) investigate possible violations of Vockan and/or third parties’ rights.

Compliance with legal or regulatory obligations: We may disclose or share information, including personal data of Data Subjects and third parties, to comply with legal or regulatory obligations or any other determination, before government and judicial agencies, including, but not limited to, federal authorities, regulatory agencies and/or legal authorities, consumer protection agencies, judicial agencies and others.

9.      PROCESSING AGENTS

Any and all companies, public or private entities, authorities, organizations, agencies and/or persons who have access to the personal data of the Data Subjects and/or third parties, according to the situations provided for in the chapter “Data Sharing”, shall assume the position of processing agent and might be obligated, due to the applicable law and/or the contracts executed with Vockan, to adopt the best practices of security and governance with regard to the protection and processing of personal data that they had access to.

10.   INFORMATION SECURITY

Information security is very important to us. We follow industry safety standards to help protect the information entered in the Platform or in any way obtained by us. However, there is no fully secure electronic storage method. IN THIS SENSE, ALTHOUGH WE STRIVE TO PROTECT THE INFORMATION PROCESSED BY US, WHICH INCLUDES PERSONAL DATA, WE ARE UNABLE GUARANTEE ABSOLUTE SECURITY.

We shall store the personal data of the Data Subjects and third parties in a secure environment, undertaking to adopt reasonable administrative and technical precautionary measures to prevent losses, abuses, alterations or unauthorized access related to this data.

11.    Links

The Data Subject agrees not to hold Vockan liable for losses, damages or other problems of any kind that may arise from the use of websites that contain links to the Platform or links that are available on the Platform, and is aware that such websites may not adopt appropriate practices with respect to the processing of personal data and privacy of the Data Subjects.

12.   Control of your Data

We will provide means for you, the Data Subjects, to access, correct, exclude or modify the data that were entered by them in the Platform and/or made available to us, to request the correction, exclusion or modification of the respective personal data. The Data Subjects’ options are listed below:

Confirmation of the existence of data processing: The Data Subjects may request confirmation regarding the existence of processing of their personal data.

Right to access your data: The Data Subjects may request a copy of the processed data, which will be made available in a readable and electronic format.

Data alteration or correction: The Data Subjects may request updates, alterations or corrections of their data in certain cases, especially if such data is incorrect or outdated.

Exclusion, blockage and/or anonymization of data: The Data Subjects may request the exclusion of their data from the Platform and our repositories without the need to provide any justification, as well as request the exclusion, blockage and/or anonymization of said personal data.

Portability: The Data Subjects may request the portability of their data to another service or product provider.

Information on data sharing: The Data Subjects may request information about public and/or private entities with which Vockan has shared their personal data.

Information on consent: The Data Subjects may request information on the possibility of not providing consent in specific situations and on the consequences of the non-provision of said consent.

Revocation of consent: In cases where the Data Subjects have given consent to us for the processing of their personal data, the Data Subjects may, at any time, revoke such consent.

Channels to require your rights: To require the rights listed above, the Data Subject must direct their requests to the Data Protection Officer. In the referred request, they shall include: (a) the qualification of the Data Subject (full name and e-mail); (b) the specification of the measure object of the Data Subject’s request in relation to their personal data, and; (c) if applicable, specify the data that is the object of the request. Unless otherwise established by the applicable law, within 15 days the Data Protection Officer will respond to the request of the Data Subject: (a) communicating the fulfillment of the request; (b) presenting justification, when it is not possible to comply with the request, or (c) estimating a new deadline for fulfilling the request and the justification for such extension.

There are situations in which we will need to maintain or will not be able to alter the personal data and, for this reason, will not be able to fully fulfill your requests, even if the aforementioned provisions are observed (e.g. when the maintenance of personal data is necessary to comply with legal obligations or court orders).

The Data Subject shall immediately inform Vockan, through the Data Protection Officer, when Vockan’s cooperation is necessary to alter, update, supplement, correct or exclude personal data that has been made available by the Data Subject on the Platform and/or to Vockan (e.g. personal data of third parties). The Data Subject shall provide all the relevant information so that Vockan may take the necessary provisions within a reasonable time.

13.   COMPLAINTS

If Data Subjects believe that the Platform and/or Vockan violates their rights and/or privacy, including with respect to the processing of personal data, they may communicate with Vockan through the Data Protection Officer.

Nothing in this Privacy Notice is intended to exclude or limit any condition, warranty, right or liability that cannot be legally excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of civil liability. Consequently, only limitations that are permitted by law in your jurisdiction shall apply to you.

In some circumstances, you also have the right to lodge a complaint with the Brazilian Data Protection Authority (“ANPD”) if you believe that we are infringing Brazilian data protection laws. The link to access ANPD is www.gov.br/anpd.

14.   Data Transfer ACROSS Borders

Vockan is a Brazilian organization with operations in multiple countries. When you contact us using the information on our website or through one of our social channels your personal information is likely to be stored in or accessed from Brazil and other countries. IT IS POSSIBLE THAT SOME OF THE OTHER COUNTRIES IN QUESTION HAVE LESS PROTECTIVE LAWS REGARDING PRIVACY AND/OR PERSONAL DATA, OR DO NOT EVEN HAVE SPECIFIC REGULATION ON THE MATTER.

YOU ARE AWARE AND AGREE THAT YOUR PERSONAL DATA AND THE PERSONAL DATA OF THIRD PARTIES ENTERED IN THE PLATFORM OR MADE AVAILABLE TO VOCKAN MAY TRANSIT BY – OR BE PROCESSED IN – OTHER COUNTRIES, AND, IN PARTICULAR, IN BRAZIL.

15.   ALTERATION, validity and FORCE of this notice

Any waiver or alteration of the provisions of this Privacy Notice will only take effect if submitted in writing and signed by the legal representatives of Vockan. If any provision of this Privacy Notice is voided or deemed unenforceable, the other provisions, whenever possible, shall remain valid and in force.

Vockan reserves the right to alter the Privacy Notice, as well as any policy or document, at any moment and in its sole discretion.

The alteration will come into force at the moment of their publication on the Platform. The use of the Platform or the maintenance of a relationship with Vockan after such publication shall constitute acknowledgement of the most recent version of the Privacy Notice. In this sense, we advise that the Data Subject reread the Privacy Notice frequently.

If there is any divergence between the content of this Privacy Notice and the content of any other document(s) signed between the Data Subject and Vockan, the content of the other document(s) signed by the Data Subject shall always prevail.

16.   Legislation, Disputes and CONTROVERSIES

Any dispute related to this Privacy Notice shall be submitted to the Courts of the city of São Paulo, State of São Paulo, Brazil, which shall prevail over any other, however privileged they may be or shall become, and will be judged exclusively in accordance with the laws of the Federative Republic of Brazil.

17.   Questions and Clarifications

Questions, requests, complaints and comments about the Platform or the Privacy Notice shall be addressed to the Data Protection Officer.

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OTHER GUIDELINES

The highlights contained in this Privacy Notice (e.g. bold, capitalized font, etc.) intend to comply with the applicable law and should therefore be preserved.

Although it is possible to change the font of this Privacy Notice, the new font chosen shall be fully readable and should not be of a size lesser than “12”.