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Data Privacy Policy.

Yup Chat values the privacy of its users and has created this Privacy Policy to demonstrate its commitment to protecting your privacy and your personal data, under the terms of the General Data Protection Law and other laws on the subject, as well as to describe how your privacy is protected by YUP CHAT when collecting, treating and storing your personal information.

1. General information and definitions

Yup Chat values the privacy of its users and has created this Privacy Policy to demonstrate its commitment to protecting your privacy and your personal data, under the terms of the General Law of Data Protection and other laws on the subject, as well as describe how your privacy is protected by YUP CHAT when collecting, treating and storing your personal information. YUP CHAT recognizes the importance of the privacy of personal data and, in compliance with the General Law of Personal Data Protection - LGPD, wants you to be familiar with the way your data is collected, stored and treated. This Privacy Policy describes the practices adopted regarding data collected in printed or digital forms through the website, members, service providers and/or applications for mobile devices, operated and controlled by YUP CHAT. By providing your personal data to YUP CHAT, you accept the terms and conditions of this Privacy Policy.

1.1 Definitions

User: all individuals who will use or visit the Site (s) and / or Application (s), over 18 (eighteen) years old or emancipated and fully capable of practicing the acts of civil life or absolutely or relatively disabled persons duly represented or assisted. Personal Data: means any information provided and / or collected by YUP CHAT and / or its affiliates, by any means, even if public, which: (I) identifies, or which, when used in combination with other information handled by YUP CHAT, identifies an individual; or (II) through which the identification or contact information of an individual can be derived. Personal Data can be in any medium or format, including electronic or computerized records, as well as paper-based files. Personal Data, however, does not include a business phone, business cell phone number, business address, business email.

  • Purpose: the objective, the purpose that YUP CHAT wishes to achieve from each act of processing personal information.
  • Necessity: justification for which it is strictly necessary to collect personal data, in order to achieve the purpose, avoiding excessive collection.
  • Legal basis: legal basis that makes the processing of personal data for a given prior purpose legitimate by YUP CHAT.
  • Consent: express and unequivocal authorization given by the User who holds the personal data so that YUP CHAT can treat his personal data for a previously described purpose, in which the legal basis necessary for the act requires the express authorization of the holder.
This policy applies, in general, to all Users and potential Users of the services offered by YUP CHAT, including Users of the sites or other means operated by YUP CHAT and summarizes how YUP CHAT may collect, produce, receive, classify, use, access, reproduce, transmit, distribute, process, archive, store, delete, evaluate or control the information, modify, communicate, transfer, disseminate or extract the collected data, including personally identifiable information, in accordance with the applicable legal bases and all privacy and data protection laws in force. By accessing and / or using the YUP CHAT website, the User declares to be at least 18 (eighteen) years old and to have full and express capacity to accept the terms and conditions of this Privacy Policy and the Consent Term for all purposes of right. If the User does not fit the description above and / or does not agree, even if in part, with the terms and conditions contained in this Privacy Policy, he must not access and / or use the services offered by YUP CHAT, as well as the websites and services operated by it. When you access the website, we also automatically receive your computer's internet protocol, IP address, in order to obtain information that helps us learn about your browser and operating system. When entering your login, your data and activities are stored.

2. Collection and use of personal data

The User is aware that they are knowingly and voluntarily providing information via [FORM/ETC], or via the websites operated by YUP CHAT. When the User registers and/or completes forms offered by YUP CHAT, including on the sites operated by YUP CHAT, certain Personal Data requested will be kept confidential and will be used only for the purpose for which the User registered, according to the information in the list below.

  • Name, Email, Company and Phone Number: In order to access content and receive promotional material, YUP CHAT will require the User to provide his/her Name, Email and Company. YUP CHAT will send email marketing to the Users who provide this information. The Personal Data collected will not be used to send any kind of SPAM. If the User wants to contact YUP CHAT through the “Contact” area available on the website, YUP CHAT will need to collect the User's Name, E-mail, Company and Telephone Number in order to contact the User.

3. Legal reasons to use your data

Under certain circumstances, YUP CHAT may disclose Personal Data, to the extent necessary or appropriate, to government agencies, consultants and other third parties for the purpose of complying with applicable law or with a court order or subpoena, or if YUP CHAT believes in good faith that such action is necessary to:

  1. Comply with a law requiring such disclosure;
  2. Investigate, prevent, or take action regarding suspected or actual illegal activities or to cooperate with government agencies or to protect national security;
  3. Execution of its contracts;
  4. Investigating and defending against any claims or allegations from third parties;
  5. Protecting the security or integrity of the services (for example, sharing with companies that are experiencing similar threats);
  6. Exercise or protect the rights, property and safety of YUP CHAT and its affiliated companies;
  7. Protect the rights and personal safety of its employees, users or the public;
  8. In the event of the sale, purchase, merger, reorganization, liquidation, or dissolution of YUP CHAT.

YUP CHAT will notify its Users of any legal actions that may result in the disclosure of personal information, as set forth in item 3, unless such notification is prohibited by law or prohibited by a court order, or even if the request is emergency. YUP CHAT may contest such requests if it judges that the requests are excessive, vague or made by incompetent authorities.

4. Security of data and personal information

All Personal Data will be stored in YUP CHAT's database or in databases maintained “in the cloud” by service providers hired by YUP CHAT, which are duly in accordance with current data legislation. YUP CHAT and its service providers use various security procedures to protect the confidentiality, security and integrity of your Personal Data, preventing possible damages due to the processing of such data. Although YUP CHAT uses security measures and monitors its system for vulnerabilities and attacks to protect your Personal Information from unauthorized disclosure, misuse, or alteration, User understands and agrees that there is no guarantee that the information cannot be accessed, disclosed, altered, or destroyed by breach of any of the physical, technical, or administrative safeguards. YUP CHAT maintains a contract for the storage of personal data with Vultr.com, (United States of America).

5. Data Retention

Yup Chat retains all data provided, including Personal Data, for as long as the User's registration is active and as needed to perform its services. Yup Chat will retain your Personal Data and keep your data stored until you request deletion. Yup Chat may keep your Personal Data after receiving your request for deletion if necessary to comply with legal obligations, resolve disputes, maintain security, prevent fraud and abuse, and ensure contractual compliance.

6. Legal Basis for Processing

Yup Chat only processes Personal Data in situations where it is legally authorized to do so or upon the express and unequivocal consent of the User.

As described in this Policy, YUP CHAT has legal grounds to collect, produce, receive, classify, use, access, reproduce, transmit, distribute, process, archive, store, delete, evaluate or control the information, modify, communicate, transfer, disseminate or extract data about the User.

The legal bases include your consent (obtained expressly and unambiguously in the Consent Form), contracts and preliminary contractual procedures (where the processing is necessary to conclude the contract with the User), and legitimate interests, provided that such processing does not infringe your rights and freedoms, as set out in the Purposes Table.

Such interests include protecting the User and YUP CHAT from threats, complying with applicable law, the regular exercise of rights in judicial, administrative or arbitration proceedings, enabling the conduct or administration of business, including quality control, reporting and services offered, managing business transactions, understanding and improving business and customer relationships, and enabling users to find economic opportunities. The User has the right to deny or withdraw the consent provided to YUP CHAT, when this is the legal basis for processing personal data, and YUP CHAT may terminate the provision of its services to this user in the event of such a request. Should you have any questions about the legal basis for the collection, processing and storage of your personal data, please contact YUP CHAT and its Data Protection Officer at dpo@yup.chat.

7. Right of access and control of your personal data

  1. YUP CHAT offers Users several options of what to do with their Personal Data collected, processed and stored, including its deletion and/or correction. The User may:
  2. Delete data: the User may request the deletion of some of his/her Personal Data (for example, if it is no longer needed to provide him/her with the services).
  3. Change or correct data: the User may edit or request the editing of some of his/her Personal Data. The User may also request updates, changes or corrections to his/her data in certain cases, especially if they are incorrect.
  4. Object to, limit or restrict the use of data: You may request that we stop using all or some of your Personal Data (for example, if we have no right to continue using it), or limit our use of such data (for example, if your Personal Data is incorrect or unlawfully stored), provided that YUP CHAT may process Personal Data in accordance with the legal grounds listed in the Purposes Table.
  5. The User has the right to access or take his/her data: the User may request a copy of his/her Personal Data and of the data provided by the User in a readable format in printed form or by electronic means.

The User may make the requests listed above by contacting our Data Protection Officer at dpo@yup.chat and these requests will be considered in accordance with applicable laws.

8. Privacy Policy Considerations, Revisions, and Updates

Should Yup Chat modify this Privacy Policy, such changes will be posted conspicuously on YUP CHAT's website. This Policy is effective as of 09/15/2020. If User has any questions regarding the privacy policies of the Website, please contact YUP CHAT, through our Data Protection Officer at dpo@yup.chat.

9. Sensitive Data

According to the LGPD in art. 5, II, sensitive data are considered.

  • Your racial or ethnic origin
  • Your political opinions
  • Your religious or philosophical convictions
  • Or your trade union membership
  • As well as genetic data, biometric data that unequivocally identifies you, data concerning your health or data relating to your sex life or your sexual orientation
In any contact form or contract, YUP CHAT does not treat (collect, process, store) sensitive data. If any sensitive data is reported in contact forms, YUP CHAT reserves the right to delete the message immediately and it will not be answered.

10. DPO Named Yup Chat

Yup Chat has appointed Information Security and Cyber Security Analyst André Iesca Rodrigues as Data Protection Officer (“DPO”). The User may contact the DPO at the following physical address or via email at dpo@yup.chat.

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