Privacy and Data Policies
Last update: July 1st, 2024
These Privacy and Data Policies apply to any and all interactions with the SOFA Group tools, including SofaDigital.com.
SofaDigital.com is an internet website owned, operated and controlled by SOFA DIGITAL LAB PROCESSAMENTO DE DADOS LTDA, a company headquartered in the city and state of São Paulo, at Rua Augusta, nº 2895, Cj. 42, Cerqueira César, CEP: 01413-100, registered with the CNPJ/MF under No. 28.468.748/0001-32. SofaDigital.com, Sofa Digital, SOFA and/ or its affiliates shall be collectively referred to hereinafter as the “Website”. The use of the Website reflects the consent to the practices described in these Privacy and Data Policies.
These Policies describe the information the Website processes to enable its operation. In order to provide the services and products of the Website, it needs to process information about its User. The types of information the Website collects depend on how each User uses the Website.
If a User has any general questions, complaints, suggestions or comments regarding the Website, contact must be made at the following email: info@sofadigital.com. For questions specifically about these Privacy and Data Policies, or about the personal data processing activities carried out by the Website, cookies or similar technologies, contact must be made at data@sofadigital.com.
The Website is committed to respecting the privacy of Users and has created these Privacy and Data Policies to explain which personal data is collected and how it is handled by the Website. To use this Website, Users must fully agree with its provisions and, if they do not agree, must refrain from accessing or using this Website.
The conditions below must be read carefully, as they describe how the Website treats personal information provided by the User when accessing and using the Website, or collected by the Website to provide the Website's functionality to its Users.
If, after reading these Privacy and Data Policies, there is still any doubt or, for any reason, there is a need to communicate with the Website for matters involving personal data, contact can be made through:
Communication to the person in charge, SOFA DIGITAL LAB PROCESSAMENTO DE DADOS LTDA, via e-mail <data@sofadigital.com>
For the purposes of these Privacy and Data Policies, “Users” are all individuals who in any way use the Website.
The Website is online and accessible through the URL https://www.SofaDigital.com (or any other that replaces it) and may offer Users, among other features, the possibility of subscribing to newsletters, notifying releases, creating lists, participating in researches and establishing preferences of an optional nature that are exclusive to Users. Except for the foregoing, no right, title or interest shall be transferred to any User.
The Website is free of charge, notwithstanding the utilization of some interactions which may only be possible through User’s subscription and/ or registration. The use of the content made available in this context complies with access criteria stipulated in current legislation.
Registration of legal entities as Users on the Website must necessarily be carried out by a duly authorized legal representative individual. For the purposes of these Privacy and Data Policies, when the User is a legal entity, such legal representative will also be considered a User, insofar as their personal data are provided and processed on the Website.
The Website does not collect or knowingly solicit information from anyone under 13 years old. Children under 13 must not send information through the Website. If we become aware that we have collected information from an individual under the age of 13, we will disregard the information provided and will not keep it in our databases. Minors’ access and use of the Website must occur under the supervision of a liable adult.
In order for the Website to be able to properly offer the functionality of exclusive optional preferences and features, it is necessary for it to have access to certain personal information about Users (collectively, “Personal Data”). It is not possible to offer the exclusive optional features of the Website without having access to this Personal Data. In such cases, the processing of Personal Data is a condition for using the Website.
Other non-exclusive features will be exempted from the provision of Personal Data.
These Privacy and Data Policies and our Terms of Use explain, in a simple, objective and transparent manner, which Personal Data is collected and processed by the Website and for what purposes, in addition to indicating with whom they can be shared and what resources are available to Users for managing Personal Data.
1. DEFINITIONS
The following Privacy and Data Policies and our Terms of Use govern the use of the Website and all of its content, services and products provided or made available through the Website or our eventual apps. The relationship between the Website and the User is exclusively governed by these Privacy and Data Policies and our Terms of Use.
1.1 These Privacy and Data Policies and our Terms of Use are binding on each and every person ("User") who visits, uses or accesses the Website under the domain https://www.SofaDigital.com or any other that replaces it, as described below:
1.1.1 The User declares to be aware and agrees that these terms, policies and conditions are applicable from the moment the User accesses the Website, without expressly having to consent to them through a Website's form, and regardless of login.
1.1.2 In addition to the above, when using the Website, the User acknowledges and agrees that the Website may use and store cookies and other tracking technologies on the User's computer or mobile device to collect information during the visit, to allow monitoring of the User activities within the Website and through third-party tools, to have control over authentication and to enhance the browsing experience.
1.2 The terms "members", "registered members of the Website", "Users", "visitors", whether plural or singular, shall be understood by the reader as synonyms.
2. ABOUT US
2.1 This Website is a vehicle for information, suggestions, recommendations, tips and reviews of movies and content. No part of the content made available through this Website should be interpreted as professional advice. The Website may be updated by professionals in the Entertainment and Digital Content Industry, and among other features, subscribing to newsletters, notifying releases, creating lists, participating in researches and establishing preferences of an optional nature that are exclusive to Users.
2.2 The Website may offer the following modalities of interaction with its Users:
(i) Movie suggestions, datasheets, trailers, recommendations and news;
(ii) Creation of content lists according to the criteria of the Website and guest professionals from the Industry;
(iii) User’s created Movie Lists;
(iv) Newsletters send to Users, including suggestions based on User’s behavior;
(v) Content release notice, including suggestions based on User’s behavior;
(vi) Directing to partner sites through links, buttons, features and advertising;
(vii) Classification by evaluation, through participation or evaluation by other Users
(viii) Participating in voluntary research and studies.
2.2.1 Some activities may not be available to all Users’ Profile (e.g.: reserved for adults).
2.2.2 SOFA continually tests and researches various aspects of our Website, including user interfaces, feedbacks and promotional features (“Studies”). Users can turn off Studies participation at any time and without justification, by writing to data@sofadigital.com or using any tools that the Websitemay provide for this purpose.
2.3 All links, advertising and other services on the Website may vary by geographic location, be altered or removed at any time. The content of links, advertising and other linked services are the sole responsibility of their suppliers. The Website is not responsible for the functionality, accuracy or legality of the links, advertising, and other linked third-party services. The Website is expressly disassociated from the content of links, advertising and other linked services and does not endorse its contents as its own. To the extent that the Website becomes aware of any illegal content of a link, advertising, or other linked service, it will ensure the removal of such link, advertisement, or other corresponding service.
2.4 The links owned by third parties which, when accessed, take the User to locations external to the Website are these third-parties’ full responsibility, and the Website is not responsible for any access, content, rights or transactions carried out on third-party websites.
3. USE AND INTERACTION WITH USERS
3.1 Login: the Users may be authorized to login to the Website through any of the modalities offered by the Website, such as:
i. User registering for the receipt newsletters, notice of content release among others. After logging in to the Website, the created account will belong to the Website, and therefore subject to these Privacy and Data Policies.
ii. Through e-mail registration and access password. The Website will only have access to the name, email and other optional information entered by the User. After logging in to the Website, the created account will belong to the Website, and therefore be subject to these Privacy and Data Policies.
3.1.1 The User may choose to register as a member on the Website and its services. As a member, the User may subscribe to newsletters, receive notices about releases, create lists, participate in Studies and establish preferences of an optional nature that are exclusive to Users. Some functionalities may not be available to all Users’ Profile (e.g.: reserved for adults).
3.1.2 A member of the Website can be any capable natural person over the age of (i) 13, under the supervision of a liable adult; or (ii) 18, or any higher age of majority applicable in User’s territory. In order to register as a member of the Website, the User may be required to provide an username and a password, in addition to the valid email address. It is not allowed to specify an email address that does not exist. Subsequent changes to the email address must be communicated immediately to the Website.
3.1.3 When the Website requires registration, the User undertakes to provide and maintain accurate, true personal information, being solely and exclusively responsible for any failure to provide such information correctly. User agrees to provide information relating to their Profile, including a valid email address, so the Website can send User Profile related notices. User must use their real identity on the Website, and such Profile’s information - including name, contact, description, skills, location, etc - must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. Users are forbidden from misrepresenting their identity, creating a fake Profile or a Profile for anyone other than themselves (a real person), or using or attempting to use another User’s account or information. All information registered on the Website is kept confidential in the Website databases. The Website reserves the right to require Users to go through a verification process in order to use the Website and may reject, suspend and/ or terminate a User’s account, data and/or entry if it does not meet any of the requirements of these terms, in order to protect any User, the Website and/ or its partners from identity theft and/ or other fraudulent activity, or if there is another important reason.
3.1.4 The Website reserves the right to change registration requirements and make membership participation dependent on other requirements. In the event of a change in the registration requirements, the Website has the right to terminate the registration of any User, if such User does not meet any of these requirements.
3.1.5 The User's participation in the Website is permanent. Users can cancel their registration at any time and without justification, by writing to data@sofadigital.com or using any tools that the Website may offer. The Website has the right to terminate the registration of any User in a justified manner, for example if the User provides false information during registration or if the Website is used commercially or other serious violations of the obligations set out herein. From the request, the anonymization of data will take place within the legal term and will be irreversible, with the complete exclusion of the User's Profile and contributions.
3.1.6 If a User voluntarily violates any provision of these Privacy and Data Policies and our Terms of Use, they will be obliged to compensate the Website for any resulting damages. In this case, the User is obliged to indemnify the Website in case of any and all claims, from the first, without delay. Likewise, in this case, the User is obliged to reimburse the Website for the necessary legal defense costs, insofar as the breach is the User's responsibility.
3.1.7 Users may unsubscribe from the newsletter and communication services eventually offered through their data registering on the Website, at any time, by requesting sent to newsletter@sofadigital.com or through any option eventually offered in the tool itself, such as preferences alterations through the Website.
3.2 Profile: Once logged in, Users may choose to receive a Newsletter as well as information, suggestions, recommendations, tips and reviews of movies. Profiles allow Users to have a distinct, personalized experience, built around the movies and shows of interest to them, and may be used so that User with access to it can navigate to and use, edit or delete Profile Information. User may choose to "Sign out" of the Website at any time, following the Profile’s instructions to do so. Where possible, Users of public, shared, sold, returned (etc) devices should log out and deactivate the device at the completion of each visit or before leaving such device, so that subsequent users may not be able to access User’s Profile and Information.
3.2.1 The information will be treated as private in the User's Profile, being used by the Website only for the Website's internal informational purposes, as metrics for the Website's advertising tool, since the User's individualized data will not be sold or traded under any circumstances. Mass and anonymous demographic and behavioral data of the audience may be marketed to improve the User experience.
3.2.2 User behavior information collected within the Website may be used anonymously for advertising purposes on external channels, including Facebook, Google and Instagram Ads, pursuant to these Privacy and Data Policies.
3.2.3 Any data eventually received from third-party commercial partners may be linked to the User's Profile and will be treated in accordance with these Privacy and Data Policies and our Terms of Use.
3.2.4 Once a User's email address is received, it is liable to receive mandatory communications for the functioning of the Website, such as, but not limited to:
i. Access Recovery: Message with an authentication link that allows the User to create a new password.
ii. Verification of authenticity: When registering by email and password, the User receives a message with an authentication link that, when accessed, proves the legitimacy of the registration. This verification is carried out only once and enables the User to interact with the Website's functionalities.
iii. Welcome: electronic message of reception of the User to the functionality and/or the Website.
3.2.5 Some functionalities may be available through User’s access logged in access to the Profile, such as:
i. “Remember me” function: for easing User’s access to the Profile, the Website may offer a "Remember me on this device" function when User logs in to the Website. This function uses technology that enables the Website to provide direct account access and to help administer the Website without requiring reentry of any password or other user identification when the User's browser revisits the Website.
ii. Email and Text Messages: If User no longer wants to receive certain communications from the Website via email or text message, the Website may offer ways of opting-out, either by allowing User to uncheck those items to unsubscribe, in the Profile preferences section of the Website, to click the "unsubscribe" link in the email, or to reply STOP (or as otherwise instructed) to the text message. Please note that service-related correspondence from the Website, such as messages relating to User Profile’s transactions, as per 3.2.4 above, cannot be unsubscribed from.
iii. Push Notifications: User may choose to receive mobile push notifications from the Website. On some device operating systems, User will be automatically enrolled in the notifications. If User subsequently decides they no longer wish to receive these notifications, they can use User’s device's settings functionality to turn them off. The Website may also offers push notifications on certain web browsers. If User agrees to receive those notifications and subsequently decides they no longer wish to receive these notifications, they can use their browser’s settings to turn them off
iv. Matched Identifier Communications the Website: some third party sites and apps allow the Website to reach our Users with online promotions by sending a privacy protective identifier to the third party. A privacy protective identifier means we convert the original information (such as an email address or phone number) into a value to keep the original information from being revealed. The third party compares the privacy protective identifier to identifiers in its database and there will be a match only if the User has used the same identifier (such as an email address) with the Website and the third party. If there is a match, the Website can then choose whether or not to send a given promotional communication to such User on that third party site or app, and can optimize and better measure the effectiveness of online advertising. User can opt out in the Profile section of the Website.
v. Behavioral Advertising: Behavioral advertisements are those that are selected based on User’s use and/or interactions with various unaffiliated third party apps or websites across the Internet (behavioral advertising). The Website can advertise its services using behavioral advertising, and if User is using a browser, then certain cookies and web beacons can be used to collect information to help determine their likely interests. If User is using a mobile device, tablet, or streaming media device that includes a resettable device identifier, then that identifier can be used to help determine their likely interests. If User does not wish to be presented with behavioral advertisements as part of their experience, they can opt out in the Profile section of the Website. User, then will still see ads, but they will not be selected using behavioral advertising information. Opting out will not limit the collection of information, but will influence how it is used.
3.3 Integration with third parties: the Website may have integration with third-party companies to provide newsletter services, researching, access behavior, delivery and interaction with advertisements, hosting, storage and data processing, in addition to the others identified to Users. Simply accessing the Website starts the sharing of browsing data. When registering, Users share their personal data on a non-commercial basis (encrypted transfer and storage).
3.3.1 Users may provide their data to use integrations with third parties and services provided.
3.3.2 The Website shares the Users' navigation with these third-party companies, providing them only with the necessary User data for the sole purpose of (a) segmenting the Profiles of the Users who will receive authorized communications; (b) lead mapping and monitoring.
3.3.3 Users may unsubscribe from any service eventually offered through their data registering, at any time, by request sent to data@sofadigital.com or through any option eventually offered in the tool itself, such as preferences alterations through the Website. Communications may be canceled in a non-definitive manner, to be reactivated by the User at any time. The other services may be permanently canceled, and information recovery will not be possible.
3.3.4 Website is authorized by Users to collect navigation data from Users, including pages accessed, as well as buttons clicked, to understand the preferences and habits of Users, through its own system, through artificial intelligence tools or through authorized third parties, under the terms of this item 3.3.
3.3.5 Data collection, such as the number of clicks, can be performed via API (Application Programming Interfaces).
3.3.6 Notwithstanding the provisions of this section, the User acknowledges and agrees that the Website provides links to other websites, advertising and other services (i.e links to video-on-demand platforms and social networks), but is not responsible for any content made available on such websites, advertising and services, including in relation to purchases or other transactions made on them by Users.
3.3.7 Third-party companies are responsible for their own privacy policies, and any of their specific information shall be described at the Appendix.
3.3.8 Website may be partnered with Commission Junction LLC (“CJ”) and, if so, it will be using the CJ “Tracking Code” through part of our advertisers and their links to access promotions. In case of doubt and clarification regarding CJ and its privacy policies and software policies, simply access the following links: https://www.cj.com/legal/privacy-policy-services and https://www.cj.com/legal/privacy-policy-services. cj.com/legal/software-policy.
3.4 The use of the Website services is granted to the User free of charge.
3.5 The Website may collect, receive and store information about Users (collectively “Information”):
3.5.1 User provided information: (i) data provided by User may include: full name, email address, date of birth, telephone number, gender and other of User’s identifiers (such as an online name). This information is collected in a number of ways, including when User enters it while using the Website, contact the Website, or participate in Studies or marketing promotions; (ii) information from when User chooses to provide preferences, ratings, account settings (including preferences set in the "Profile" section of the Website), or otherwise provided information.
3.5.2 Automatically collected information: the Website may collect information about the User and their use of the Website, their interactions with the Website and its advertising, as well as information regarding Users’ network, network devices, and capable devices they might use to access the Website. This information may include: (i) Users’ activity on the Website, such as pages visited, ads viewed (if applicable), search queries; (ii) Users’ interactions with the Website’s emails, texts, messages, through push and online messaging channels or any other, and the details of such Users’ interactions, such as the date, time and reason for contacting the Website, transcripts of any chat conversations, and if in a call, Users’ access information (such as phone number, e-mail, login etc) and call recordings; (iii) device IDs or other unique identifiers, including for Users’ network devices (such as their router), and devices that are capable of accessing the Website on User’s network; (iv) resettable device identifiers (also known as advertising identifiers), such as those on mobile devices, tablets, and streaming media devices that include such identifiers ; (v) device and software characteristics (such as type and configuration), connection information including type (wifi, cellular), statistics on page views, referring source (for example, referral URLs), IP address (which can be used to tell the Website User’s general location, such as city, state/province, and postal code), browser and standard web server log information; (vi) information collected via the use of cookies, web beacons and other technologies, including ad information (such as information on the availability and delivery of ads, the site URL, as well as the date and time).
3.5.3 Information from third-parties: the Website may collect information from other companies with whom the User has a relationship. These third-parties might include (depending on the functionality): User’s device or internet service provider, streaming media device providers who make the Website available on their device; mobile phone carriers or other companies who provide services to the User; voice assistant platform providers who enable interaction with the Website through voice commands. The information third-parties provide to the Website varies depending on the nature of the third-parties’ services, and may include: (i) search queries and commands applicable to the Website that the User makes through third-parties devices or platforms; (ii) service activation information such as User’s email address or other contact information; (iii) IP addresses, device IDs or other unique identifiers, as well as associated promotion, billing and user interface information, that support User authentication, the Website registration experience, and the presentation of the Website’s content to User through portions of third-parties’ user interface.
3.5.4 Information from other sources: the Website may also obtain information from other sources and protects this information according to the practices described in these Privacy and Data Policies, plus any additional restrictions imposed by the source of the information. These sources vary over time, but could include: (i) service providers that help the Website determine a location based on User’s IP address in order to customize the Website’s service and for other uses consistent with these Privacy and Data Policies; (ii) security service providers that provide the Website with information to secure its systems, prevent fraud and help protect the security of the Website’s Profiles; (iii) payment service providers that provide the Website with payment information, or updates to that information, based on their relationship with User; (iv) advertisers that run ad campaigns on the Website that might provide it with identifiers (for example, cookies or resettable identifiers) and information about User’s interests, including demographic information and User’s activities online (such as websites visited, apps used and ads viewed); (v) service providers that facilitate the sale, operations, and management of ads; (vi) ad measurement companies that support the Website and advertisers in understanding the effectiveness of ad campaigns run the Website; (vii) online and offline information providers to support ads operation; (viii) online and offline data providers, from which the Website obtains aggregated demographic, interest based and online advertising related data; (ix) publicly-available sources such as publicly available posts on social media platforms and information available through public databases associating IP addresses with internet service providers (ISPs); (x) third party services that User is signed into and that provide functions within the Website.
3.6 The Website may use of Information to provide, analyze, administer, enhance and personalize the functionalities and marketing efforts, to provide, analyze, administer, enhance and select ads in connection with the Website usage, to process User registration and options, and to communicate with User on these and other topics. For example, the Website uses such information to: (i) provide User with customized and personalized viewing recommendations for movies, TV shows, and games we think will be of their interest (collectively “Content”); (ii) determine User’s general geographic location (such as city, state/province, and postal code); (iii) provide localized Content; (iv) help the Website quickly and efficiently respond to User’s inquiries and requests; (v) coordinate with partners on making the Website features available to Users, based on the specific relationship User may have with the partner; (vi) secure the Website systems, prevent fraud and help the Website protect the security of Profiles; (vii) prevent, detect and investigate potentially prohibited or illegal activities, including fraud, and to enforce the Website directives; (viii) analyze and understand the Website’s audience, improve its service (including the user interface experiences and performance) and optimize Content or ad selection, recommendation algorithms and delivery; (ix) communicate with User news about the Website, details about new features and Content available, special offers, promotional announcements, Studies, consumer surveys, and to assist Users with operational requests such as password reset requests.
3.6.1 The Website’s communications may be by various methods, such as email, push notifications, text message, online messaging channels, matched identifier communications (described below) or others the Website may offer. Users will always be able to opt-out, set or change communications preferences.
3.7 The Website may disclose Information for certain purposes and to third parties, as described below:
3.7.1 The Website affiliates: Information may be shared among the Website’s affiliates as needed for providing User with access to the Website, providing support, making decisions about improvements, Content development and for other purposes described in these Privacy and Data Policies.
3.7.2 Service Providers: the Website may use other companies, agents or contractors to perform services on its behalf or to assist the Website availability to Users, which may include, without limitation to provide marketing, advertising, communications, security, infrastructure and IT services, to customize, personalize and optimize the Website, to provide support, to analyze and enhance information (including information about Users' interactions with the Website), and to process and administer the Studies. In the course of making the Website available, these providers may have access to Users’ Information. The Website does not authorize providers to use or disclose personal information except in connection with providing their services (which includes maintaining and improving their services).
3.7.3 Third-Parties: As described above, User may have a relationship with one or more of the Website’s partners, in which case it may share certain information with them in order to coordinate with them on providing the Website’s functionalities, which may include, without limitation, depending on what third-parties’ services Users use, sharing Information in order to facilitate third-parties’ promotions; with third-parties who operate voice assistant platforms that allow User to interact with the Website using voice commands; enabling Content and functionalities available in the Website to be suggested to User in third-parties’ user interface.
3.7.4 Advertisers/Ad measurement companies: the Website may share Information collected from or about Users with advertisers and/or ad measurement companies to select advertisements, and measure and improve advertising effectiveness.
3.7.5 Promotional offers: the Website may offer joint promotions or programs that, in order for User’s participation, will require the Website to share Information with third parties. In fulfilling these types of promotions, the Website may share name and other information in connection with fulfilling the incentive. These third parties are responsible for their own privacy practices.
3.7.8 Protection of the Website and others: the Website and all of the parties mentioned in hereinabove may disclose and otherwise use Information where they reasonably believe such disclosure is needed to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce applicable terms of use, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address illegal or suspected illegal activities, security or technical issues, or (d) protect against harm to the rights, property or safety of the Website and affiliates, its Users or the public, as required or permitted by law.
3.7.9 Business transfers: in connection with any reorganization, restructuring, merger or sale, or other transfer of assets, the Website may transfer Information, including personal information, provided that the receiving party agrees to respect Information in a manner that is consistent with these Privacy and Data Policies.
3.7.10 Whenever in the course of sharing Information the Website transfers personal information to other countries, it will ensure that the information is transferred in accordance with these Privacy and Data Policies and as permitted by the applicable laws on data protection. Personal information transferred (such as name and contact information) may be saved electronically on servers located globally, operated by third-parties for record keeping purposes and other purposes as set out in these Privacy and Data Policies.
3.8 User may also choose to disclose Information in a number of way, including, but not limited to certain portions of the Website’s tools which may give User the option to share information by email, text message and social or other sharing applications, using the clients and applications on User’s smart device; social plugins and similar technologies may allow User to share Information. Social plugins and social applications are operated by the social networks themselves, and are subject to their own terms of use and privacy policies.
3.9 The Website and its service providers may use cookies and other technologies (such as web beacons), as well as resettable device identifiers, for various reasons. Cookies are small data files that are commonly stored on User’s device when they browse and use websites and online services. The Website may use other technologies, such as browser storage and plugins (e.g., HTML5, IndexedDB, and WebSQL). Like cookies, these other technologies may store small amounts of data on User’s device. Web beacons (also known as clear gifs or pixel tags) often work in conjunction with cookies. In many cases, declining cookies will impair the effectiveness of web beacons associated with those cookies. If User uses the Website on a mobile device, tablet, or streaming media device, it may collect a resettable device identifier from their device. Resettable device identifiers (also known as advertising identifiers) are similar to cookies and are found on many mobile devices and tablets (for example, the "Identifier for Advertisers" (or IDFA) on Apple iOS devices and the "Google Advertising ID" on Android devices), and certain streaming media devices. Like cookies, resettable device identifiers are used to make online advertising more relevant and for analytics and optimization purposes. The Website may use these types of technologies for various reasons, like making it easy to access the Website by remembering User when they return; to provide, analyze, understand and enhance the use of the Website; to enforce the Website’s terms, prevent fraud; to improve site performance, monitor visitor traffic and actions on the Website; to deliver and tailor the Website’s marketing or advertising, and to understand interactions with the Website’s emails, marketing, and online ads on third party sites. The Website may also use these technologies to support the operation of our ad supported functionalities.
3.9.1 Essential cookies: These cookies are strictly necessary to provide the Website availability online. For example, the Website and its service providers may use these cookies to authenticate and identify Users when they use the Website and applications. They also help the Website to enforce our Terms of Use, prevent fraud and maintain the Website’s security.
3.9.2 Performance and functionality cookies: These cookies may help the Website to customize and enhance User’s online experience, by helping the Website to remember User’s preferences and prevent them from needing to re-enter Information they have previously provided (for example, during signing up). The Website may also use these cookies to collect information (such as popular pages, conversion rates, viewing patterns, click-through and other information) about Users' use of the Website so that it can enhance and personalize the Website and conduct market research. Deletion of these types of cookies may result in limited functionality of our service.
3.9.3 Advertising cookies and resettable device identifiers: these cookies and resettable device identifiers may use information about User’s use of this and other websites and apps, response to ads and emails, and to deliver ads that are more relevant to such User and for analytics and optimization purposes. When the Website advertise the services on other websites or apps, some of the websites and apps, as well as advertising technology companies that used to purchase, deliver, optimize, and/or measure our advertisements (collectively “Advertising Partners”), may receive information from the Website as part of its campaign targeting, measurement, and optimization (e.g., steps completed in sign-up and site visit or app open/install information). Common uses of this type of information are to judge the effectiveness of and optimize ad campaigns, by allowing Advertising Partners to see when someone who saw an ad later signed up for a service. Another common use is to make sure the Website does not serve ads trying to get individuals to sign up for the Website if they are already a User. In connection with the ads, the Website, its ads providers and measurement companies can use these technologies to operate and support the Website’s ads functionalities, including supporting an advertiser’s ad campaigns, measurement, and optimization of the same.
3.9.4 For more information about cookies set through the Website, as well as other types of online tracking (including the collection of information by third parties about User’s online activities over time and across third-party websites or online services for online behavioral advertising), and to exercise choices regarding them, contact data@sofadigital.com. At this time, we do not respond to web browser "do not track" signals. Exercising choice over cookies is specific to that web browser or device. If Users wish to exercise choices, they can exercise such choices by accessing the Profile or contacting the Website.
3.9.5 To opt out of behavioral ads from the Website in connection with a resettable device identifier, User must configure the appropriate setting on their own device (usually found under "privacy" or "ads" in the device's settings). The User may still see the Website’s ads on their device, but they will not be selected based on User’s likely interests. Exercising choice over a resettable identifier is specific to that device.
3.9.6 There are a number of ways to exercise choice regarding technologies that are similar to cookies, such as browser storage and plugins (e.g., HTML5, IndexedDB, and WebSQL). For example, many popular browsers provide the ability to clear browser storage, commonly in the settings or preferences area; User should consult their browser's help function or support area to learn more.
4. INTELLECTUAL PROPERTY
4.1 Regarding the Website property:
4.1.1 All content posted on the Website, as well as on other platforms which may be found online or offline under common ownership, is protected by Brazilian, Mexican, US and international copyright laws, as well as other applicable copyright laws and treaties regarding intellectual property.
4.1.2 No User, member or visitor is authorized to use the brand, logo and/ or other distinctive signs found on the Website or any other online or offline channel or platform under common ownership.
4.1.3 It is prohibited to copy, reproduce or otherwise display any of the brands of the Website. Any unauthorized use may result in violation of intellectual property, industrial property, privacy laws, in addition to civil, corporate and criminal statutes and regulatory standards. Copying, reproducing or otherwise displaying Website content is prohibited. Any unauthorized use may result in violation of intellectual property, industrial property, privacy laws, in addition to civil, corporate and criminal statutes and regulatory standards.
4.1.4 Any alleged copyright or trademark infringement, and/or violation of third party’s terms of service (“Intellectual Property claim”) may be sent to copyright@sofadigital.com.
4.2 Regarding User property:
4.2.1 The Website may allow registered Users to submit their own content.
4.2.2 Contributions generated by the User to the Website services only reflect the opinion of the User in question and are the sole responsibility of the person who authorizes and makes them available.
4.2.3 The User agrees to submit only relevant and factual content and comments. Users are prohibited from posting content that glorifies violence, is harmful to minors, defamatory, discriminatory, offensive, threatening or even punishable, if such publication violates the rights of third parties - for example, copyright, trademark, or personal rights (such as a right to privacy and intimacy or right to one's name) - that serves commercial purposes, more specifically advertising. The same applies to setting up links, which have content mentioned above. The Website reserves the right to immediately block and/or delete content that violates these rules and proceed as provided for in item 3.1.5.
4.2.4 The Website may make the inputs written by Website Users, as well as the name and Profile picture made available by them, not only visible to other Users within the Website, but also on other platforms (such as smartphone apps or tablets, social media platforms, IPTV offerings or video-on-demand platforms, for example), storing and hosting such content on servers, supported by technical service providers and selected providers (hereinafter referred to as "Affiliates"), once the necessary usage rights for this purpose are granted by the User.
4.2.5 By posting copyright or legal contributions to the services, the User grants the Website the unlimited and transferable right, of unlimited time and space, to store, reproduce, access, publicly disclose such content, including for example the User's name and Profile picture, if directly inserted in the Website, as well as their publications, reviews, notes, comments, rating and other contributions made in the Website, linked to the right to modify the content and create derivative works (for example, translations, adaptations, summaries and advertising) and publish them elsewhere on the Website or externally on third-party websites to disseminate it, always with credit to the User and to the Website. This license granted in this way has the sole purpose of providing the services of the Website and is used only as necessary for the implementation and improvement of the Website, the strengthening of its relationship with the User and the developing of new services to be offered.
4.2.6 The User guarantees to the Website to be the holder of all rights necessary for the use of the contributions created by the User. Furthermore, the User guarantees that none of third party rights such as copyright, trademark rights or personal rights (such as the right to privacy, to one’s image and to one's name) nor any legal provisions are or have been violated. The User hereby releases the Website from all legitimate claims of third parties for the violation of such rights by the User's discontinued content or violations of the Terms of Use and Privacy and Data Policies. Legal fees to defend the Website arising thereof will be borne by the User, provided that the breach is the User's responsibility.
5. DATA PROTECTION
Our Terms of Use and our Privacy and Data Policies explain how we handle User's personal information and how we protect our services User's privacy. By using our services, the User agrees that we may use this information as set out in this document.
6. RESPONSIBILITY, LIMITATIONS
6.1 The Website is not responsible for the simple negligence of its legal representatives and indirect agents outside the essential contractual obligations. This does not apply to injuries to life, body or health. To the extent that liability for simple negligence remains, it will be limited to foreseeable damages, regardless of unlimited liability for gross negligence and willful misconduct.
6.2 User’s personal data will be saved by the Website in accordance with the current state of the art (as is). The Website will not be held liable for damages or misuse of this data by third parties, as long as this is unavoidable with appropriate and advanced data protection measures.
7. CHANGES TO THE TERMS OF USE AND TO THE PRIVACY AND DATA POLICIES
7.1 The Website may, at any time, without prior notice to Users, modify or terminate any Website’s content, as well as amend these Privacy and Data Policies. It is the Users' responsibility to periodically review this page to verify the existence of changes and/ or updates to these conditions, which will take effect as soon as they are published. The continued use of the Website will be considered as acceptance of its Terms of Use and Privacy and Data Policies, with adherence and express agreement with the conditions set out herein, inseparably, as well as the other rules established by the Website.
7.2 The Website has the right to change our Terms of Use and Privacy and Data Policies as necessary, such as changes in legal status, jurisprudence, market conditions or major changes in its services. The amended Terms of Use and Privacy and Data Policies will be communicated to Users in a comprehensive manner. If Users do not agree with the new Terms of Use and Privacy and Data Policies, they must refrain from using the Website. By referencing the modified Terms of Use and Privacy and Data Policies, the Website will expressly indicate to the User the right to object and the consequences of an unstated objection in due time.
8. GENERAL PROVISIONS
8.1 If any provision of these Privacy and Data Policies is invalid, in whole or in part, this will not affect the validity of the other terms. Instead of the invalid provision, an effective provision that is closer to the economic objective of the ineffective provision should be established. This applies appropriately in case of a regulatory gap.
8.2 Complaints and comments related to the Website are made through info@sofadigital.com.
8.3 By using the Website’s services and agreeing to the use of cookies and data processing through the form available on the Website, the User consents and is bound by the Terms of Use and the Privacy and Data Policies described herein, inseparably, as well as subject to the other rules established by the Website.
8.4 In order to use this Website, the User must carefully read all the Terms of Use and our Privacy and Data Policies and fully agree with their provisions, using the appropriate form available on the Website. If Users do not agree with the Terms of Use and our Privacy and Data Policies or any other rule applicable to the Website, they must expressly certify through the appropriate form available on the Website and refrain from using it.
8.5 If Users have any questions about any rules or conditions set out in these terms, they must contact the Website immediately at info@sofadigital.com. If necessary, the User may request the personal data provided to the Website, in a definitive manner, upon request sent to data@sofadigital.com or through the tool eventually made available in the User's area of the Website: (i) full electronic copy of their data; (ii) history of consent to the use of data granted to the Website; (iii) revocation of consent; (iv) account cancellation; (v) recording of all data sharing and processing operations; (vi) consultation, confirmation, correction, portability, sharing and deletion of User data from the Website base. From the request, the anonymization of data will be immediate and irreversible, with the complete exclusion of the User's Profile, data and contributions, as well as all their content.
8.6 Users agree to comply with all protective laws, including copyright, relating to the use of the Website.
8.7 Questions not provided for in this term will be decided by the Website, in accordance with current legislation.
8.8 These Privacy and Data Policies was created and shall be interpreted in the Portuguese language and under the Brazilian law. In case of contradiction between a translated version of these Privacy and Data Policies or any element of the Website and their original Portuguese version, the latter shall prevail.
FAQ - GENERAL DATA PROTECTION LAW (LGPD)
1. What is the General Data Protection Act (LGPD)?
The LGPD (Law No. 13.709/2018) is the law that regulates the activities of processing personal data, especially with regard to your privacy. LGPD establishes specific conditions to justify the processing of personal data, and we respect them all. All our processes, products and services are under constant observation to ensure that they are always in line with the LGPD and the principles of personal data protection established by it.
2. What is personal data?
Personal data is any and all information related to an identified natural person or that can be identified, such as: name, SSN, ID, date of birth, address, email, telephone, bank details, geolocation, among others.
3. What is personal data processing?
Treatment is any operation performed with personal data, such as collection, use, access, processing, storage, elimination, transfer, among others. All processing activities carried out with your personal data are considered processing.
4. Can we handle your personal data?
We will treat your personal data only for legitimate activities, related to the provision of our services, and always in accordance with the LGPD. Your privacy is very important to us, which is why we always protect your personal data. All our activities that require the processing of personal data are duly justified by one of the legal bases provided for in the LGPD, according to information contained in our Privacy and Data Policies.
5. What types of personal data do we handle?
Only the personal data necessary for the provision of our services are processed by us. The types of personal data we process may vary depending on the service we are providing. Among the types of personal data we handle are: (i) identification data; (ii) contact details; (iii) Profile preference information; (iv) device information; (v) usage information and browsing history. For more detailed information regarding the personal data processed, check our Privacy and Data Policies.
6. How do we protect your personal data?
We care a lot about your security and privacy. For this reason, we implement technical, administrative and organizational measures to protect your personal data, which include safeguards, such as strict access controls to IT systems.
7. Who do we share your personal data with?
We share your personal data only in cases where sharing is essential for the performance of the services provided by us, as provided in the Privacy and Data Policies. All third parties with whom we share personal data are subject to minimum security requirements, relating to technical, administrative and organizational measures to ensure the proper and secure treatment of your personal data.
8. What are your rights?
LGPD grants various rights to the holders of personal data, and we respect them all. Our processes are developed and elaborated in such a way as to allow, whenever appropriate, the fulfillment of your rights. According to the LGPD, you can request: a) Confirmation of the existence of treatment involving your personal data; b) Access to your personal data processed by us; c) Correction of your personal data that are incomplete, inaccurate or out of date; d) The anonymization, blocking or deletion of personal data that are unnecessary, excessive or treated in disagreement with the LGPD; e) The portability of your personal data to another service or product provider, in accordance with the regulations of the national authority, subject to commercial and industrial secrets; f) The deletion of personal data processed with your consent; g) Review of automated decisions and treatments; h) Information about the entities with which we share your personal data; i) Information on the possibility of not providing consent and on the consequences of denial; and j) The revocation of your consent. It is important to remember that compliance with these rights will be analyzed on the feasibility and appropriateness of the request you make. There are cases in which it will not be possible or permitted by law to fulfill all rights.
9. How to exercise your rights?
To make a request regarding the rights listed above, you must send an email to data@sofadigital.com. We will respond to your request as soon as possible. If we are unable to fulfill your request, we will inform you of the reasons.
10. How to contact Sofa Digital?
If you have any questions, complaints, suggestions or comments regarding the personal data processing activities carried out by the Website, please contact us at the following email: info@sofadigital.com.
Appendix:
20240701_SofaDigital Third Parties
