EVOL SMART
Thank you for choosing EVOL! This Privacy Policy is an integral part of the Terms of Use (“Terms'') that govern access to and use of the “EVOL SMART” platform (“Platform” or “Service”), a home automation and management platform, made available and maintained by Evol Eletrodomésticos do Brasil Ltda, a legal entity governed by private law, registered with the CNPJ under number 05.913.120/0001-01, headquartered at Rua Ângelo Franchini, 299, Parque Jaçatuba, Santo André, São Paulo.
By accepting the EVOL SMART App Terms of Use, you also grant your free and express consent for us to collect and process your personal data, and all the information necessary for your choice, about how your data is treated, is available in this Privacy Policy.
Access to the Platform can be made through the applications for Android and iOS ("Applications"), available in the respective App Stores ("Web Platform"). The use of such content portals, even if only to obtain the Platform's applications, is subject to the rules of its respective suppliers, including the collection and processing of personal data by these websites and systems.
This Privacy Policy is available for reading and consultation by the User at any time in the Applications and through the link www.evol.com.br/politica_privacidade_evol_smart
The Terms of Use of which this Policy is part are available for reading and consultation by the User, at any time, also on the Application and through the link www.evol.com.br/politica_de_uso_evol_smart
To terms indicated in capital letters, when not defined herein, the same definitions in the Terms of Use apply.
1. Collected Data and Collection Method
Data provided by the User. To use our Service, you must create an Account on our Platform. All Personal Data provided by you for this registration will be stored by us and associated with your user account (“Account”), including, but not limited to: name, email address, contact information, information about your residence, about your Equipment, about your location. We may also collect any other data, including, but not limited to, images, notes, professional information, location, among others, indicated by you when using the Platform.
Data collected by Equipment. Compatible Equipment that is connected by the User to the Platform may collect personal data, in accordance with its functionality and in accordance with its own Privacy Policy. The data collected in this way, which are entered on the Platform, will be treated in accordance with this Policy, while other data that transit exclusively through equipment, networks or third-party services will not be the responsibility of Positivo, being governed exclusively by the contracts between the User and such third parties.
Data collected from third parties under the User's control. The User may use the Platform, in certain cases, for monitoring or collecting data from third parties, whether family members, children, relatives, spouses, employees, collaborators, subcontractors and any other third party that interacts with the connected Equipment or frequents controlled environments or monitored by such Equipment. In this case, THE USER IS, FOR THIS PURPOSE, THE CONTROLLER OF THIS THIRD-PARTY DATA PROCESSING, EVOL being merely the Operator of the Treatment. In this case, the data to be effectively collected and processed are defined exclusively by the User, who is responsible for their legitimacy and lawfulness, under the terms of applicable laws, especially those on privacy and data protection, and EVOL does not have any interference or responsibility over what data is collected and whether such collection is legitimate and lawful.
Data collected automatically by the Platform. Our Service automatically collects certain technical information, including but not limited to, the type of device used to access the Service, your connection IP (with access date and time), your approximate geographic location, your device's unique identification number ( such as MAC Address or IMEI), information about the use of the Service, the software or browser used to access the Service, the operating system and your device version used, among others.
Cookies. EVOL may also use standard technology to collect information from Users, such as cookies, in order to improve their browsing experience. However, the use of these technologies may be deactivated by the User at any time, according to the settings of his access device. However, if the User implements such deactivation, we point out that part of the functions offered by the Platform may not work correctly.
2. Treatment Purposes
Data necessary for the provision of the Service. The personal data collected by the service will be used primarily for the provision of the Service itself. We use this data only for the purposes described in this Policy. As the Platform does not work without most of such data, its collection and treatment are based especially on such a need.
Data required for secondary functionality. Some data is collected and used to enable the operation of services ancillary to the Service, such as contact information used to send you important information about the Service, your Account or other relevant news. In addition, such data can be used to enable functions that are not mandatory, which includes specific modules related to different types of compatible Equipment, which may or may not be connected by the User. The collection and treatment of this data is based, in particular, on such need and on the User's own request.
Data collected to comply with legal obligations. We are required by law to retain some basic data to log access to our Service, including, but not limited to, the IP address of the originating connection, with date and time. Such data are kept for a minimum period of 6 months. Eventually, other data may also be stored to comply with legal obligations.
Data collected for Platform improvement and technical support. We may, for example, use technical information collected from your device to facilitate the support process and provide technical assistance in the event of a bug or malfunction of the Service. We also use the data collected, mainly, but not exclusively, the use of the Platform and technical information from your device to improve the Platform itself, adding functionality or improving other aspects of it and its navigability.
Targeting offers and advertising. We may also use the data collected to target you with offers and advertisements that we think may be of interest to you. Such offers and advertisements will, whenever possible, relate to the Platform or EVOL. You may choose to opt out of such communications, when they are made by direct communication and not by integrated systems, by opting out of such communications.
Secondary purposes. The Company may also use the data collected for secondary purposes that are not conflicting or excessive in relation to the purposes listed above, including for the sale of databases to third parties, always in accordance with Brazilian legislation, based on its legitimate interest, except in cases where the User's legal rights and guarantees prevail.
User as Treatment Controller. In cases where the Platform is used by the User to monitor and collect data from third parties, be they family members, children, relatives, spouses, employees, collaborators, subcontractors and any other third party that interacts with the connected Equipment or frequent controlled or monitored environments for such Equipment, THE USER HIMSELF IS, FOR THAT PURPOSE, THE CONTROLLER OF THIS THIRD-PARTY DATA PROCESSING, Positivo merely representing the Treatment Operator. In this case, the purposes of the treatment are defined exclusively by the User, who is responsible for their legitimacy and lawfulness, under the terms of the applicable laws, especially those on privacy and data protection, and EVOL does not have any interference or responsibility for such purposes for the use of the data. In particular, in this case, the User is SOLELY RESPONSIBLE for obtaining the consent of such third parties or for basing such treatment on other applicable legal bases.
3. Data Conservation
Service Delivery and Features. The data collected and used to enable the use of the Platform and its functionalities, including those voluntarily provided by the User, will be kept as long as the relationship between the User and Positivo exists, and without its conservation, it is not possible to make the Platform available and its functionalities.
Offers and advertising. The data collected used for promotional actions, targeting of offers and advertising will be kept as long as the relationship between the User and EVOL exists, or as long as, for specific media, the User does not opt-out to opt out of receiving such communications. .
Platform improvement and technical support. The data collected to allow the improvement of the Platform and to provide technical support will be kept for the time necessary to implement or provide the specific assistance requested by the User, and may be permanently deleted or anonymized to compose an aggregated database for statistical purposes.
Legal obligations. The data collected and maintained for the purpose of complying with legal obligations by the Company will be kept for the period indicated in the Law.
Defense of rights. Eventually certain relevant data, always considering the minimum necessary, may be stored beyond the period described above, with the purpose of defending EVOL's rights through judicial or extrajudicial means.
4. Security and confidentiality
Logical and organizational security. EVOL considers all information collected through the Platform confidential, ensuring that it will be treated and stored in accordance with the provisions of this Policy and with the adoption of appropriate logical and organizational security measures, according to the degree of data sensitivity and the risks inherent to the activity. Such measures will follow reasonable standards of security and confidentiality using, for example, encryption, secure connections, among others.
Backup and integrity. EVOL performs periodic backups of its database, in order to guarantee the continuity of the service in case of failure. Backups will be restored directly by EVOL whenever a violation, unauthorized modification, or loss of data is identified. The backups performed are not intended to restore data deleted, accidentally or not, by Users, so it is not possible to restore data in these cases.
International communication and transfers. In the event of communication of personal data to third parties, whether operators or not, or in the case of international transfers, the Company guarantees that all entities that receive such data will be bound by specific contractual clauses or confidentiality and data security agreements. , for the purpose of imposing on such third parties or foreign data recipients the same security, integrity and confidentiality obligations described in this Policy. Additionally, in cases of international data transfer, the Company will certify that such transfer takes place within the legal hypotheses acceptable for personal data protection standards to be required from the recipient of such data.
5. Communication and shared use
Communication to treatment operators. EVOL may share the data collected through the Platform with service providers, subcontractors or other providers that act, under the direction of EVOL, in the treatment of personal data collected through the Platform, as operators of the treatment in order to allow the correct provision of the Platform to Users.
Communication to third parties. EVOL may share the data collected through the Platform with third parties in the situations described below:
a) With partner companies of EVOL, for promotional, advertising and statistical purposes, as indicated in this Policy;
b) For the protection of EVOL’s interests in any type of conflict, including legal claims;
c) In the case of transactions and corporate changes involving EVOL, in which case the transfer of information will be necessary for the continuity of services and delivery of products;
d) By court order or at the request of administrative authorities that have legal competence for its request; or
e) Upon request of the User himself, acting as Controller of third-party data processing carried out through the Platform.
Shared use. EVOL may share data with public entities, at their request, for projects of interest to EVOL and/or public interest, and the Company undertakes to provide Users with all appropriate information, as provided for in the LGPD , whenever such shared use occurs.
6. International transfers
Personal data collected while using the Platform may be processed by ourselves or by affiliates or subcontractors. Our company is established in Brazil, but our affiliates, subcontractors or partners may be based or may process data in other countries. In this case, we guarantee that affiliates and subcontractors will also be subject to the obligations of this Policy, as provided in the “Security and Confidentiality” section of this document. Thus, by agreeing to this Policy and the associated Terms of Use, you also agree that your data may be subject to international transfers to affiliates or subcontractors, and you declare that you are aware of all guarantees applicable to treatment abroad, in accordance with this Privacy Policy and Related Terms of Use.
7. Data Subject Rights
Owner's Rights. The holder of the personal data collected and processed has the following rights, in accordance with the General Data Protection Law (Law No. 13.709/2018):
a) Confirmation of the existence of the treatment;
b) Access to data;
c) Correction of incomplete, inaccurate or outdated data;
d) Anonymization, blocking or elimination of unnecessary, excessive or processed data in violation of the provisions of the Law;
e) Data portability to another service or product provider, safeguarding EVOL’s commercial and industrial secrets;
f) Deletion of data processed with the consent of the holder, except in cases of legal custody and others provided for by law;
g) All relevant information, as required by Law and made available in this document and in other places accessible to the User;
h) Revocation of consent, when the treatment is based on it.
Form and conditions of exercise. The rights mentioned above will be guaranteed and may be exercised in the exact terms described in the General Data Protection Law.
Data deletion. The deletion of data stored by EVOL may be requested, under the conditions established by the General Data Protection Law, through the Platform's tools or by emailing evol@evol.com.br. The Company declares itself committed to using its best efforts to respond to all requests for deletion, when applicable, as soon as possible. Such deletion, when covering data necessary for the operation of the Service, will also result in the Termination of the Terms of Use and the deletion of the User's Account. Even in this case, EVOL will be able to keep the personal data stored, without subjecting them to active treatment, in order to comply with its legal data retention obligations.
8. Responsible for the Treatment
EVOL as Controller. The processing of the data collected is carried out by EVOL, or by third parties under the guidance of EVOL, which is responsible for the legality of the project as a whole, except in the cases mentioned in the “EXCEPTIONS OF LIABILITY” of the Terms of Use or in other cases of exemption. liability provided for in this Policy or in the Terms of Use. Any and all requests, complaints, requests for information or exercise of rights by the holder can be made by written message to the address evol@evol.com.br, containing, at least, the following information and documents:
a) Full name of the applicant;
b) RG and CPF numbers of the applicant;
c) Email address used to register on the Platform;
d) Copy of RG and CPF;
e) Description of the request.
Eventually, other information or documents may be requested to fulfill the request, if there is any doubt about the veracity of the information provided or about the identity of the requester.
User as Controller. In cases where the Platform is used by the User to monitor and collect data from third parties, be they family members, children, relatives, spouses, employees, collaborators, subcontractors and any other third party that interacts with the connected Equipment or frequent controlled or monitored environments for such Equipment, THE USER HIMSELF IS, FOR THAT PURPOSE, THE CONTROLLER OF THIS THIRD-PARTY DATA PROCESSING, EVOL being merely the Treatment Operator.
9. General provisions
General Terms of Use Rules. The general rules applicable to the Terms of Use apply to this Privacy Policy, especially those relating to applicable law, choice of venue, and liability and warranty exceptions.
Modifications. Our service may change from time to time. Therefore, we may unilaterally modify this Privacy Policy at any time. Whenever there is a material change to it, you will be notified through the contact information provided by you, which must be kept up to date in the “My Account” panel of the Service. In the notification sent, you will have access to the new text of the Privacy Policy, as well as a summary of the changes made. Upon such notification, by continuing to use the Service, you automatically agree to the new terms of the Policy. If you do not agree with the changes and want to cancel or delete your account, please send an email to evol@evol.com.br. The updated version of this Policy will always be available at: www.evol.com.br/politica_privacidade_evol_smart.
10. Get in touch
If you have questions or requests about this Privacy Policy, about our practices, or about our service, please contact us at evol@evol.com.br
Last update: 05/02/2022