This Privacy Policy demonstrates the commitment of ZAP MEDIA PUBLICIDADE LTDA (“ZapMedia”), a private legal entity registered under CNPJ/ME No. 33.401.925/0001-01, headquartered at RUA CECILIA CAVOLINI No. 145, VILA ZAT, ZIP Code 02976-000, SÃO PAULO/SP, to privacy and the protection of personal data, describing data handling practices in accordance with applicable laws, particularly Law 13.709/2018 and its subsequent amendments (“General Data Protection Law” or “LGPD”).
ZapMedia reserves the right to amend this Privacy Policy at any time. It is the responsibility of the data subject to review it whenever visiting the website or participating in any of our campaigns.
ZapMedia specializes in delivering large-scale communications targeting mobile environments. To this end, ZapMedia sends campaigns, notifications, and promotions via SMS or WhatsApp on behalf of itself or its clients to individuals registered in its databases or ZapMedia’s proprietary database.
As a condition for accessing and using the exclusive features of the Website, the data subject declares they are over 18 years old and have thoroughly and carefully read this Privacy Policy, thereby granting their free, informed, and unequivocal consent to the terms stipulated herein. If the data subject does not agree with the terms of this Privacy Policy, they should discontinue accessing the Website.
IF THE DATA SUBJECT DOES NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, THEY MUST DISCONTINUE ACCESSING THE WEBSITE AND PARTICIPATING IN OUR CAMPAIGNS.
1. WHAT IS THE PURPOSE OF THIS POLICY?
This Privacy Policy informs the data subject how their personal data is used by ZapMedia when they access our Website or participate in any of our campaigns.
Some key points include:
2. TERMS AND DEFINITIONS
This section lists terms and their meanings as used throughout this Privacy Policy. It is important for the data subject to familiarize themselves with these terms.
2.1. The following definitions should be considered for the purposes of this Policy:
3. WHAT PERSONAL DATA IS PROCESSED?
This section explains the four ways ZapMedia collects personal data and the rules for using such data.
a) Regarding collection methods, personal data can be:
i) provided by the data subject themselves;
ii) provided by clients;
iii) provided by third parties; and
iv) automatically collected.
b) Regarding the use of the site by minors:
i) the site should not be used by minors, meaning ZapMedia does not intentionally collect or process personal data from minors; and
ii) if personal data of minors is unintentionally collected, the company may remove such data.
c) Rules for processing and storage:
i) the personal data collected will only include what is necessary to achieve the purposes described in the Policy and will be stored only for the time required to fulfill those purposes; and
ii) if ZapMedia needs to collect additional personal data, it will inform the data subject of the necessity and provide an explanation.
3.1. To process the personal data outlined in this Policy, it is essential for ZapMedia to collect certain information about the data subject. Personal data may be collected directly from the data subject, from clients, from third parties, or automatically, depending on the processing purpose. Below are the methods of collecting personal data:
a) Personal data provided directly by the data subject: All personal data submitted directly to the site or through ZapMedia’s campaign forms by the data subject will be processed. Information collected may include, but is not limited to:
b) Contact data: This includes all information collected to initiate the creation of a project, limited to email address, name, phone number, and address.
c) Browsing data: This includes all data collected while the data subject uses the site, such as IP address, the address associated with the IP, log records, type of network connection, pages accessed, access times, and cookies. To learn more about cookies, see section 10 of this Privacy Policy.
d) Personal data provided by clients: ZapMedia may receive personal data from data subjects via clients, through the sharing of databases for mobile marketing campaigns.
e) Personal data provided by third parties: ZapMedia may receive personal data from business partners or service providers with some relationship to ZapMedia. ZapMedia may also process personal data from public databases provided by authorities or third parties, or data made public by the data subject on websites or social networks, always respecting privacy and in compliance with current rules and laws.
3.2. The personal data collected may vary depending on the nature of the service provided, the product purchased, or the type of relationship the data subject has with ZapMedia.
3.3. The site is not intended for minors. Therefore, we do not intentionally collect or process any data from children or adolescents. If the data subject is a minor, they should not access or use the site without the representation of legal guardians, as required by law. If ZapMedia unintentionally identifies data from minors, it will remove such personal data.
3.4. Personal data processed by ZapMedia will be stored for as long as necessary to meet the purposes for which it was collected or to comply with legal and regulatory requirements, contractual obligations, or to allow ZapMedia to exercise its rights in administrative, arbitral, and/or judicial proceedings. Once the storage period ends, ZapMedia will securely delete the personal data.
3.5. For all personal data processing:
a) only essential personal data for achieving the stated purpose will be collected;
b) if necessary, we will request authorization or notify the data subject for the collection of new personal data, accompanied by the appropriate justification; and
c) the personal data collected will only be used to fulfill the purposes disclosed to the data subject.
3.6. ZapMedia’s clients are responsible for providing accurate and up-to-date information, including personal data. ZapMedia is not responsible for the accuracy or truthfulness of the information provided by the data subject. ZapMedia reserves the right to suspend or cancel registrations if inaccuracies are identified.
4. WHAT ARE THE PURPOSES OF PROCESSING PERSONAL DATA?
This section addresses the purposes of processing personal data by ZapMedia concerning the use of the site and participation in campaigns.
Key highlights include:
i) ZapMedia values confidentiality and data security, ensuring no personal data is shared improperly; and
ii) access to personal data is restricted to authorized employees, ensuring greater protection and compliance with the principles of the General Data Protection Law (LGPD).
4.1. Personal data processed by ZapMedia, as a controller or operator, aims to fulfill the following purposes:
a) Display and/or send advertisements, promotions, notifications, and marketing campaigns via WhatsApp or SMS;
b) Apply for professional opportunities available at ZapMedia;
c) Verify and authenticate registration information on the site;
d) Address site-related support requests;
e) Maintain updated databases for contact purposes via phone, email, SMS, or WhatsApp;
f) Generate statistical analyses of site usage and campaigns;
g) Research and develop new products or services;
h) Comply with legal and regulatory obligations;
i) Fulfill judicial and administrative orders;
j) Meet contractual obligations with clients;
k) Communicate about updates, products, services, features, promotions, news, and other relevant events from ZapMedia, with prior consent;
l) Operate, evaluate, and improve ZapMedia’s products and services;
m) Enrich ZapMedia and client databases with information from legitimate sources, including public databases from government authorities, when necessary, to maintain contact or understand consumer profiles for targeted advertising;
n) Maintain internal records for auditing, accounting, and other internal functions;
o) Implement and maintain technical and organizational security measures, internal audits, and investigations;
p) Respond to data subject requests;
q) Notify data subjects about changes to the Privacy Policy, if necessary; and
r) Protect, identify, and prevent fraud or other unlawful activities.
4.2. Personal data will be stored for operational purposes and will adhere to strict confidentiality and security standards. No document, information, or personal data will be disclosed or shared unless expressly authorized by the data subject or client, required for fulfilling contracted services, by judicial/administrative order, or as mandated by legal or regulatory obligations. Data collected may also be shared with competent judicial, administrative, or governmental authorities upon request.
4.3. ZapMedia’s advertising campaign databases, formed through the collection of personal data, are owned and managed by ZapMedia. These may be consulted or shared with clients, suppliers, service providers, business partners, and authorities, within the limits and purposes stated in this Privacy Policy and LGPD.
4.4. Databases shared by clients for advertising campaigns remain the property of those clients. Use, access, and sharing of such data will respect the client’s business purposes.
4.5. Internally, personal data is accessed only by authorized employees, respecting principles such as purpose, adequacy, necessity, minimal retention, and confidentiality.
4.6. If there are changes to the intended use of personal data incompatible with the original consent, ZapMedia will request new approval from the data subject.
5. WHAT ARE THE LEGAL BASES FOR THE PROCESSING OF PERSONAL DATA?
This section explains the situations in which the processing of personal data may occur.
It is important for the data subject to understand that we collect and use their personal data in compliance with the principles and provisions of the LGPD, and therefore, the use of their data is based on it.
5.1. The processing (“use”) of your personal data may be carried out:
a) with your free, informed, and unequivocal consent, only when legally required or permitted. If ZapMedia uses your consent as the legal basis for processing your personal data, the data subject may withdraw it at any time;
b) to comply with a legal or regulatory obligation;
c) to exercise rights in judicial, administrative, or arbitral processes;
d) to establish a contractual relationship between customers and ZapMedia and/or business partners of ZapMedia and fulfill the obligations assumed under a contract;
e) to respond to requests;
f) to protect the vital interests of any person;
g) with support from any other legal basis permitted by the LGPD; and
h) when necessary to serve the legitimate interests of ZapMedia, including the following objectives:
i. obtaining personal data to support and promote ZapMedia’s activities;
ii. ensuring the security of our networks and information;
iii. managing and conducting business within ZapMedia;
iv. preventing or investigating suspected or actual violations of the law, contractual violations, or other ZapMedia policies; and
v. optimizing or expanding our commercial reach and communication relevance.
6. SHARING DATA WITH THIRD PARTIES
This section outlines the circumstances under which your personal data may be shared with third parties. There are six specific situations that require careful reading.
It is essential to emphasize that ZapMedia shares this data in compliance with the LGPD and will always prioritize the protection of your privacy and ensure the best experience using the website and services provided by us.
6.1. The personal data processed by ZapMedia may be shared and accessed by third parties:
a) for our legitimate business purposes: with affiliates and companies within the same economic group, as well as with third parties for their own business purposes, strictly necessary to provide or otherwise enable the provision of services to customers, as well as for other internal objectives aimed at ensuring the security of ZapMedia’s services, improving the quality of services provided by ZapMedia, seeking partnerships, and analyzing the personal data collected;
b) to provide services and products: with business partners who assist ZapMedia in providing products and services to customers. ZapMedia needs to share personal data with these business partners to process the data subject’s requests, fulfill their requests, provide consumer and/or customer support, improve service delivery, enable brand analysis, promote marketing activities, or provide other services and features of ZapMedia;
c) for other internal reasons: with partners and other entities that provide ZapMedia with certain services or assist with internal functions or compliance with legal/regulatory provisions or other situations provided by the LGPD, such as data analysis, internal system security maintenance, information security, auditing firms, law offices, data analytics companies, quality assurance evaluators, among others;
d) for legal reasons: with partners and other entities when necessary to comply with legal obligations, including complying with any applicable law or regulation, judicial, arbitral, or administrative process. ZapMedia may also share information and personal data to protect and defend the rights of ZapMedia, data subjects, or anyone else, to protect against fraudulent or malicious activities, to enforce the terms of this Privacy Policy, or to cooperate with law enforcement agencies;
e) in relation to corporate transactions: if ZapMedia, directly or indirectly, enters into a commercial transaction, such as mergers, acquisitions by another company, or sale of all or part of its assets, ZapMedia may share all personal data with the successor or potential successor company, as well as with its employees during the transaction and with auditing firms and law offices assisting with the operation; and
f) when the data subject consents to the disclosure: ZapMedia may share certain personal data with partners or other entities when the data subject consents to the sharing of this personal data, in a specific consent agreement, formalized prior to the sharing of the personal data.
7. INTERNATIONAL TRANSFER OF PERSONAL DATA
This section explains the transfer of your personal data to third parties or to companies within the ZapMedia group located in other countries, especially in Sweden, or international organizations.
Some important points are:
i) your personal data will only be shared for the purposes set out in this Policy;
ii) data protection laws vary in other countries;
iii) in cases of international transfer of your personal data, ZapMedia will ensure that the same level of protection required by the LGPD is provided.
7.1. ZapMedia may use service providers based abroad, especially for storage and backup purposes, and therefore may transfer your personal data to operators based in other countries, but always respecting the purposes outlined in this Privacy Policy and Article 33 of the LGPD, as well as Resolution CNPD 19/2024.
8. WHAT ARE THE RIGHTS OF THE DATA SUBJECT?
This section lists your rights as a data subject regarding the use of your personal data and how to exercise them.
8.1. In accordance with the LGPD, ZapMedia guarantees the following rights to the data subjects:
a) confirm the existence of processing of your personal data;
b) access your personal data;
c) correct your incomplete, inaccurate, or outdated personal data;
d) anonymize, block, or delete your unnecessary, excessive, or unlawfully processed personal data;
e) transfer your personal data to another service or product provider, upon express request;
f) delete your personal data processed with your consent, respecting the purposes described in this Privacy Policy;
g) be informed about which data processing agents ZapMedia has shared your personal data with;
h) be informed about the possibility of not providing your consent and the consequences of such refusal;
i) withdraw your consent; and
j) review automated decisions involving the processing of your personal data.
8.2. The rights of data subjects set forth in the LGPD and this Policy may be exercised through an express request by you or your legal representative to ZapMedia and may be made through the following communication channel: [email protected]
8.3. The data subject is aware that a request for the deletion of personal data essential for managing their registration with ZapMedia, when applicable, may result in the termination of their contractual relationship, with the subsequent cancellation of the services provided, when applicable. ZapMedia may retain your personal data, duly anonymized, when there is a legal obligation for record-keeping.
8.4. ZapMedia will make all reasonable efforts to respond to requests made by the data subject as quickly as possible and in compliance with legal requirements. However, justifiable factors may delay or prevent prompt service, and in case of delay, reasonable justifications will be provided to the data subject.
8.4.1. The data subject must be aware that their request may be legally rejected, either for formal reasons, such as the inability to verify their identity, or legal reasons, such as a request for deletion of personal data that ZapMedia has the right to retain. In the case of such rejection, reasonable justifications will be provided to the data subject.
9. LINKS TO THIRD-PARTY SITES
Always pay attention to the site you are accessing and remember to review the privacy policy of other sites you visit.
ZapMedia is not responsible for third-party sites.
ZapMedia is not responsible for the content and privacy practices of these sites. Third parties have their own policies regarding the collection, use, sharing, and processing of personal data. It is up to these third parties to ensure the proper maintenance of any personal data related to their services. ZapMedia recommends reviewing these third-party policies before providing your personal data or information.
10. COOKIES
ZapMedia may use some cookies to ensure a better experience on the Site and its campaigns, but when the data subject accesses the Site, a specific notification about cookies is shown. There, the data subject can access more information about them.
10.1. Every time the data subject accesses ZapMedia’s website, certain information is automatically collected by us through the platform provider. This information, known as cookies or server log files, is used to understand how the data subject interacts with the content on ZapMedia, facilitating later visits through automatic logins, personalization features, and, in some cases, for marketing actions.
10.2. ZapMedia may use certain types of cookies to improve your browsing experience. It is important to mention that cookies do not allow identification of personal data or the linking of these data to the data subject on the platform. Cookies set by the website owner, in this case, ZapMedia, are called “first-party cookies.”
10.3. Cookies set by third parties, called third-party cookies, allow third-party features or functionalities to be provided on or through the Site (e.g., advertising, interactive content, and analytics). The users who set these third-party cookies can recognize your computer when it visits the site in question and also when it visits other sites.
10.4. Third-party cookies allow third-party features or functionalities to be provided on or through the Site (e.g., advertising, interactive content, and analytics). The users who set these third-party cookies can recognize your computer when it visits the site in question and also when it visits other sites. These indirect cookies are similar to direct cookies, but come from a different domain, not associated with the site being visited.
10.5. ZapMedia is not responsible for the use of cookies by these third parties and for the privacy policy practiced by them. Third parties have their own policies regarding the collection, use, sharing, and any form of processing of personal data related to the services they provide, including cookies, and it is up to these third parties to ensure the proper maintenance of the data. ZapMedia recommends reviewing the respective third-party policies.
10.6. Types of Cookies
a) Necessary: These cookies are essential for the operation of the Site and cannot be deactivated in our systems. They are typically set in response to actions you take, such as service requests (e.g., setting privacy preferences, logging in, or completing forms). The holder can configure their browser to block or alert them about these cookies, but some parts of the Site may not function properly.
b) Performance: Cookies that allow us to count visits and sources of traffic, aimed at measuring and improving the performance of our Site. All information collected by these cookies is anonymous. The holder can disable these cookies, but ZapMedia will be unable to understand how the holder interacts with the Site, such as information about visited areas, time spent, and any issues encountered, like error messages.
c) Functionality: Cookies that enable the Site to remember your choices, providing a personalized experience. These may be set by ZapMedia or third-party providers whose services we add to our Site. The holder can disable these cookies, but some or all of these features may not work properly.
d) Advertising: These cookies are set by our advertising partners from our Site. They may be used by these companies to build a profile of your interests and display relevant ads on other sites. They work by identifying your browser and device uniquely. If the holder does not allow these cookies, they will not receive our personalized ads across different sites.
e) Social Media: These are cookies set by third parties and added to the ZapMedia Site to track social media users who visit our services, allowing them to share our content with their friends and acquaintances. They can also track your browsing across other sites and create a profile of your interests. This may affect the content and messages you see on other sites you visit. If you do not allow these cookies, you may not be able to use or see these sharing tools.
10.7. Cookie Management: At any time, the holder may revoke their authorization for the use of cookies by accessing their browser settings. However, we caution that depending on the settings made, certain features of our services may not function properly, as well as aspects of information security.
10.8. For more information on how to manage cookies in your preferred browser, we recommend checking the links below:
a) Internet Explorer:
https://support.microsoft.com/pt-br/help/17442/windows-internet-explorer-delete-manage-cookies
b) Mozilla Firefox:
https://support.mozilla.org/pt-BR/kb/ative-e-desative-os-cookies-que-os-sites-usam
c) Google/Chrome:
https://support.google.com/accounts/answer/61416?co=GENIE.Platform%3DDesktop&hl=pt-BR
d) Safari:
https://support.apple.com/pt-br/guide/safari/sfri11471/mac
11. COMMUNICATIONS AND MARKETING
It is important for the holder to know that by registering, they allow ZapMedia to use their personal data to choose the best campaigns, products, and services for them and assess their usage pattern on the Site, all to ensure they have the best experience.
If the holder no longer wants to receive messages from ZapMedia, they can unsubscribe using the unsubscribe link in all emails and promotional campaigns.
11.1. If the holder has subscribed to receive marketing campaigns from ZapMedia, they will receive news, personalized advertising about our products and services, as well as from ZapMedia clients.
11.2. By subscribing to receive marketing content from ZapMedia, the holder agrees that ZapMedia will create a personalized compilation of news and offers, as well as assess their usage patterns of the Site, so that personalized marketing messages are tailored to their needs and interests.
11.3. Personal data is also stored and used for promotional purposes and market research. For this, ZapMedia may contact the holder via SMS or WhatsApp. Lastly, ZapMedia will also use the holder’s personal data to analyze and improve the effectiveness of the Site and its campaigns.
11.4. If the holder no longer wishes to receive marketing messages from ZapMedia, they can unsubscribe at any time. To do so, the holder may click the unsubscribe link in all campaigns or use one of the communication methods outlined in this Privacy Policy.
12. STORAGE OF PERSONAL DATA
Personal data will be stored for the minimum period necessary to fulfill the purposes described in this Policy and may be deleted earlier in specific circumstances or stored for a longer period.
12.1. Personal data will be stored for the minimum period necessary to fulfill the purposes described in this Policy, including the legally required periods and the prescriptive periods for defending rights in judicial, administrative, or arbitral proceedings, and may be deleted earlier in specific circumstances.
12.2. Personal data and activity logs will be stored in a secure and controlled environment, following the available technical state of the art.
12.3. Personal data may be deleted earlier upon the holder’s request. However, based on the personal data processing hypotheses provided in this Privacy Policy and in the LGPD, including legal, regulatory, and/or judicial determinations, audits, security, fraud control, and preservation of rights, the registration data may be kept for a longer period, after which they will be deleted using secure disposal methods.
12.4. Data collected on the Site are stored on ZapMedia’s own servers located in Brazil, as well as on the cloud, which may entail transferring or processing data outside Brazil, in third-party countries, as stated in this Privacy Policy.
13. SECURITY MEASURES
The security of personal data is important to us. In this regard:
i) ZapMedia updates technical and organizational measures whenever necessary to ensure that personal data is always protected; and
ii) ZapMedia will notify the holder if a Privacy Incident occurs, such as a data breach, for example, that could cause damage or risk.
13.1. ZapMedia adopts appropriate technical and organizational measures in line with the current market standard to protect Personal Data against Privacy Incidents. ZapMedia updates these technical and organizational measures, as long as such modifications do not lower the overall security level.
13.2. ZapMedia employees and suppliers will only have access to the personal data inputted on the Site to the extent necessary to perform their activities, under prior and detailed instructions, and bound by contractual obligations of protection, security, and confidentiality regarding the personal data they access.
13.3. Under the LGPD and in accordance with its internal rules on personal data protection, ZapMedia will notify the holders and other interested parties in the event of Privacy Incidents that may result in relevant risks or damage to the holders.
14. GENERAL PROVISIONS
14.1. This is the most up-to-date version of the Privacy Policy. ZapMedia may alter the content of this Privacy Policy at any time, as needed, for legal compliance, or as a result of legal or regulatory changes with equivalent legal force. It is the holder’s responsibility to review it each time they access the Site.
14.2. If you have any questions regarding the conditions set forth in this Privacy Policy or any other ZapMedia document, please contact us through ZapMedia’s customer service channels, which can be found on our official website.
14.3. If any provision of this Privacy Policy is deemed illegal or invalid by an authority in the holder’s place of residence or internet connection, the remaining provisions will remain in full force and effect.
14.4. The holder acknowledges that any communication made by email (to the addresses they have provided), SMS, instant messaging apps, videoconference, or any other digital or virtual form is valid as documentary proof, being effective and sufficient for the disclosure of any subject related to ZapMedia’s services, as well as their terms, except as expressly provided otherwise in this Privacy Policy.
14.5. This Privacy Policy and the relationship arising from the actions covered herein, as well as any dispute arising therefrom, will be governed exclusively by Brazilian law, with the Central Court of São Paulo being designated as the jurisdiction for resolving any issues involving this document.
15. QUESTIONS AND REQUESTS
15.1. To exercise rights as a holder or to contact the person responsible for personal data protection at ZapMedia, Almeida Advogados – Responsible: Dr. Márcio Chaves, please send an email to [email protected], the communication channel for addressing questions and requests related to personal data protection.
Last updated: 11.10.2024.
