Privacy Policy

Privacy Policy

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This document (”Privacy Policy”) aims to inform and provide transparency regarding the processing of personal data carried out by DATANOMIK BRASIL INSTITUÇÃO DE PAGAMENTO LTDA., a company incorporated and existing in accordance with Brazilian laws, with main place of business at Avenida Brigadeiro Faria Lima, 1811 - ESC 1119, Jardim Paulistano/SP, CEP: 01452-001 (”Datanomik”), and whose services and products are offered in several countries, including Brazil, through the platform available on the site datanomik.com (”Platform”).

Access to the Platform is directed to legal entities duly constituted in any corporate form permitted by applicable law, who have completed their registration and accepted and adhered to all the provisions of this Privacy Policy and the Terms of Use, also available on the website datanomik.com (”Users”).
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For the purposes of this Privacy Policy,”titular” is any individual who accesses the Platform and/or who relates, directly or indirectly, to Datanomik.

The Platform is a business-to-business (B2B) digital platform that seeks to facilitate access, consolidation, organization, and analysis of banking, financial and accounting information, assisting Users in their financial management, as well as in conducting internal processes. To provide these tools, Datanomik uses, among other elements, specific application programming interfaces (APIs) for synchronizing and extracting, in real time, information available on the digital platforms of certain financial institutions, payment institutions, fintechs and similar institutions with which Users maintain relationships.

Datanomik will process the personal data provided by Users only for the purposes and in the manner indicated in this Privacy Policy and in accordance with the legislation applicable to the processing of personal data (”Applicable Legislation”).

Datanomik indicates the individual below (”In charge”) as responsible for assisting and advising the Holders with all questions related to this Privacy Policy or to the processing of personal data carried out by Datanomik, as well as to act as a communication channel between the Holders, Datanomik and the National Data Protection Authority:

AFTER: Gonzalo Strauss Sigal
Email: legal@datanomik.com 

To access and use the Platform and/or relate to Datanomik, the Owner will need to provide certain information to Datanomik, which is essential for the operation of the Platform and for the development of Datanomik's activities. Thus, the following personal data of the Owner may be collected and processed, among other information necessary for Datanomik's activities (including due to legal or regulatory obligations):

If the Owner represents a legal entity accessing the “Schedule a Demo” section on the Platform:
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• (a) Full name
• (b) email address; and

By accessing or using the Platform and/or using the services provided by Datanomik, the Owner is aware, as a natural person and, whenever applicable, also as a representative of a minor natural person, legal entity or entity represented by the Owner, of the processing of the personal data described above and declares that, by providing data from third parties, personal or not, on the Platform (directly or through the provision of documents containing such data) and/or to Datanomik, such provision is in accordance with the terms of the Legislation Applicable and does not violate the rights of third parties, being responsible for any and all claims or losses resulting from the processing of personal data provided on the Platform (directly or through the provision of documents containing such data) and/or to Datanomik.

Datanomik may also obtain the Data Controller's data when the Owner uses other services provided by Datanomik.

Datanomik may also collect the Owner's personal data from third-party databases, publicly available or not. Datanomik may combine this data with the existing information that Datanomik holds about the Owner or use it independently.

Datanomik undertakes to use the personal data it receives exclusively for the purposes set out in this policy, which include:

• (a) Activities. Specifically with regard to Datanomik's activities, Datanomik may use personal data to: (1) allow and facilitate the identification of Users on the Platform; (2) operate and improve the Platform and provide the necessary interactivity; (3) execute the services or make available the products contracted by the User; and (4) provide assistance and support to Users.
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• (b) Communication. Datanomik may use personal data to contact Users, as well as to send notices, text messages and reminders, including, but not limited to, communications about: (1) the availability of the Platform; (2) the solutions provided by Datamonik on the Platform; (3) the activities carried out and the products contracted on the Platform; (4) the security of the Platform; or (and) other questions in any way related to the Platform.
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• (c) Advertising. Datanomik may use personal data to: (1) send marketing emails related to the Platform or Datanomik; (2) display and/or send advertisements of any other type that Datanomik deems compatible with the User's or Customer's profile or that may be of interest to them, and such advertisements may refer to the Platform, Datanomik and/or third parties. If the User or the User's Customer is no longer interested in receiving marketing emails or advertisements of other types, they must contact Datanomik through the communication channel indicated below, informing them that they no longer wish to receive advertising communications.
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• (d) Registration, know your client (KYC) and know your business (KYB). Datanomik may process personal data to enable, in whole or in part, registration, KYC and KYB activities carried out by Users.
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• (e) Credit protection. Datanomik may process personal data to enable, in whole or in part, credit risk analysis activities carried out by Users.
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• (f) Fraud prevention. For the safety of Users, as well as to guarantee the integrity and functionality of the Platform, Datanomik may use personal data to prevent fraud or violations of the law and/or the Terms of Use.
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• (g) Compliance with obligations. Datanomik may process personal data to comply with legal or regulatory obligations, decisions of government bodies or the judiciary, including, but not limited to, government ministries and/or departments, federal authorities, regulatory agencies and/or legal authorities (e.g. Federal Revenue Service), consumer protection agencies and others, or even arbitral decisions.
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• (h) Exercise of rights. Datanomik may process personal data, under the terms and limits of Applicable Legislation, to regularly exercise its rights, including, among others, processing for the purpose of preventing liability and preserving Datanomik's rights and interests.
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• (i) Storage and backup. Datanomik takes the necessary measures to securely store information related to the Platform, which may include personal data of Users, and of third parties that have been entered on the Platform (directly or by inserting documents containing such data), and may make backup copies of such information.

It should also be clarified that Datanomik may share information, including personal data, with: (a) companies, organizations, or individuals that provide services, directly or indirectly, related to the Platform; (b) third parties involved in fraud prevention and information security issues; and (c) authorities, public bodies, and third parties to fulfill obligations and exercise rights.

Any company, public or private entity, authority, body, agency and/or person that has access to the personal data of the Data Subjects and/or third parties, in accordance with the personal data sharing hypotheses provided for above, will assume the position of processing agent and will be obliged, under the terms of the Applicable Legislation and/or the contracts signed with Datanomik, to adopt the best security and governance practices regarding the protection and processing of the personal data to which it has access.

Personal data will be stored on cloud servers provided by “Amazon Web Services”, and their terms and conditions will be transferred to the User and/or the User's Customer, as the case may be, who accepts them (https://aws.amazon.com/es/legal/service-level-agreements). Datanomik may, at any time, change the hosting service provider (host) to another provider, which must have - at a minimum - similar technical characteristics, availability and security, to those of the current one.

DATANOMIK ALSO PROCESSES PERSONAL DATA IN COUNTRIES OTHER THAN BRAZIL (E.G., URUGUAY AND THE UNITED STATES OF AMERICA), ESPECIALLY TO PROVIDE SERVICES TO USERS AND FOR THE STORAGE AND HOSTING OF DATA BY SPECIALIZED COMPANIES BASED ABROAD. IT IS POSSIBLE THAT SOME OF THE COUNTRIES IN QUESTION HAVE LESS PROTECTIVE LAWS REGARDING PRIVACY AND/OR PERSONAL DATA OR DO NOT EVEN HAVE SPECIFIC REGULATIONS ON THE SUBJECT.

THE OWNER IS AWARE AND AGREES THAT HIS PERSONAL DATA AND THE PERSONAL DATA OF THIRD PARTIES ENTERED BY THE OWNER ON THE PLATFORM OR MADE AVAILABLE TO DATANOMIK MAY TRANSIT THROUGH, OR RECEIVE TREATMENT IN, OTHER COUNTRIES.

Personal data will be processed by Datanomik for as long as (a) continue for the purposes indicated in this Privacy Policy; or (b) there is a need for them to be maintained, such as to prevent liability, protect and exercise Datanomik's rights and interests, as well as to respect the legal deadlines of the Applicable Legislation, or to comply with applicable legal or regulatory obligations. If the above hypotheses do not exist, personal data will be deleted using secure disposal methods, or used anonymously for purely statistical purposes.

This Privacy Policy informs about Datanomik's practices currently in force, depending on the products it sells and the services it provides. That is why this Privacy Policy may be changed at any time at the sole will of Datanomik. The updated version of the Privacy Policy will fully replace your previous version. If you do not agree with the new version of the Privacy Policy, the User or the User's Client should not access or in any other way use, even if indirectly, the Platform. The use of the Platform after the notification of the change to the Privacy Policy is considered the acceptance of the new version by the User.

Datanomik adopts security measures aimed at preventing unauthorized third parties from accessing the data. This includes physical security measures and access only by employees or third parties who need to access data for professional reasons, who will be subject to confidentiality and confidentiality clauses.

Datanomik will make every effort to protect the personal data provided to it through the Platform. However, if there is a legal obligation or court order in this regard, you may disclose data that you have in your possession, under the terms of this Privacy Policy.

Under the terms of Applicable Legislation, subject to the limits and exceptions provided for in the Applicable Legislation itself and in this Privacy Policy, the owners may:

• (a) confirm with Datanomik the existence of the processing of your personal data;
• (b) request access to the data;
• (c) change or correct your data;
• (d) delete, block and/or anonymize your data;
• (and) request the portability of your personal data to another service provider;
• (f) request information about the public and/or private entities with which Datanomik has shared your personal data;
• (g) request information about the possibility of not providing consent in specific situations and about the consequences of not providing consent, when this is applicable;
• (h) revoke the previously provided consent.

The responsible and controller of the personal data obtained from Users, as a general rule, is Datanomik. Depending on the contracted product and the data in question, however, it is possible that Datanomik is merely a data operator for the benefit of the User. Datanomik informs that the rights of data subjects, indicated above, must be exercised, as applicable, through the following email: legal@datanomik.com. The user may also send, to that same address, complaints, questions or suggestions that he deems appropriate.

Finally, it should be noted that consent to the Terms of Use and this Privacy Policy is an essential condition for contracting the services and products provided on the Platform.

Unless the applicable law provides otherwise, any questions arising from this Privacy Policy must be resolved in the jurisdiction of the District of São Paulo, State of São Paulo, with the express waiver of any other.