In this privacy policy I, Marcelo Augusto Santos Rodrigues, with my company
registered address at Av. Brig. Faria Lima, 3477 - Itaim Bibi, São Paulo - SP, 04538-133, ("Company", "we", "us" or "our"), explain how we handle
your personal data when you visit our website, use our Mobile
apps, contact us through our official social media pages or email,
and/or use our services.
We will ask you to consent to our use of cookies in accordance
with the terms of this notice when you first visit our website.
In this notice you will find the answers to the following
questions:
(a) how we use your data;
(b) when we provide your data to others;
(c) how long we store your data;
(d) what is our marketing policy;
(e) what rights related to personal data you possess;
(f) how we use cookies;
(g) other issues that you should take into account.
In case of any inquiries or if you would like to exercise any of
your rights provided in this notice, you may submit such inquiries
and requests by means provided in Contacts section.
You may also contact Data Protection Officer of the Company
regarding all privacy related issues by email:
[oi@perfectbody.me].
All the definitions used in this privacy policy have the same
meaning as prescribed in Company's General Conditions unless
expressly provided otherwise in this privacy policy. This privacy
policy forms an integral part of Company's General Conditions.
In the event this privacy policy is translated into other
languages and if there are differences between the English version
and such translation, the English version shall prevail, unless
otherwise provided.
1. HOW WE USE YOUR PERSONAL DATA?
1.1. This Section provides the following information:
(a) categories of personal data, that we process;
(b) in case of the personal data that we did not obtain directly
from you, the source and specific categories of that data;
(c) the purposes for which we may process your personal data;
and
(d) the legal bases of the processing.
1.2. We process your account data ("account data"). The account
data may include your name and email address, phone number and
other data that you provide while registering as well as your
purchase history. We obtain such data directly from you. We
process account data for the purposes of operating our website,
providing our services, ensuring the security of our website and
services and communicating with you. The legal basis for this
processing is the performance of a contract between you and us
and/or taking steps, at your request, to enter into such a
contract as well as our legitimate interest, namely monitoring and
improving our website and services.
1.3. We process information relating to provision of services by
us to you ("service data"). The service data may include your
contact details (such as your email address), bank account and
transaction details as well as other information that you provide
to us while filling up the relevant questionnaires (such may
include sensitive personal data, related to your health, in case
such data is necessary to provide the relevant service). The
service data is processed to provide services as well as keep
proper records of those transactions. The legal basis for this
processing is the performance of a contract between you and us
and/or taking steps, at your request, to enter into such a
contract and our legitimate interests, namely the proper
administration of our website and business. In case of sensitive
personal data, related to your health the legal basis for
processing is your explicit consent.
1.4. We may process information that you provide to us for the
purpose of subscribing to our email messages and newsletters
("messaging data"). The messaging data is processed to send you
the relevant messages and newsletters. The legal basis for this
processing is your consent. Also, if we have already sold goods or
provided services for you via our website and/or apps, and you do
not object, we may also process messaging data on the basis of our
legitimate interest, namely seeking maintain and improve customer
relations.
1.5. We may process information relating to any communication that
you send to us ("correspondence data"). The correspondence data
may include the communication content and metadata associated with
the communication. The correspondence data is processed for the
purposes of communicating with you and record-keeping. The legal
basis for this processing is our legitimate interests, namely the
proper administration of our website and business, ensuring
uniform and high quality consultation practice and for
investigating disputes between you and our employees.
1.6. We may process information on your use of our website and/or
apps as well as on your device ("device data") when you are
browsing our website or use our apps. Device data may include IP
address, geographical location, browser type and version,
operating system, device type, screen resolution and (in case you
agree to share such) your location data as well as information on
the motion activity, use of our website and apps (i.e. referral
source, length of visit, page views and website navigation paths,
as well as information about the timing, frequency and pattern of
your service use). We obtain such data through the use of cookies
and similar technologies. Device data is processed to enhance the
apps and the website as well as to set default options. We also
use such data to have a better understanding of how you use our
website and services as well as for securing both the website and
the apps. The legal basis for this processing is our legitimate
interest, namely the proper management of our website, apps and
business.
1.7. We may process any of your personal data identified in this
notice where necessary for the establishment, exercise or defence
of legal claims, whether in court proceedings or in an
administrative or out-of-court procedure. The legal basis for this
processing is our legitimate interests, namely the protection and
assertion of our legal rights, your legal rights and the legal
rights of others.
1.8. We may process any of your personal data identified in this
notice where necessary for the purposes of obtaining or
maintaining insurance coverage, managing risks, or obtaining
professional advice. The legal basis for this processing is our
legitimate interests, namely the proper protection of our business
against risks.
1.9. In addition to the specific purposes for which we may process
your personal data set out in this Section, we may also process
any of your personal data where such processing is necessary for
compliance with a legal obligation to which we are subject, or in
order to protect your vital interests or the vital interests of
another natural person.
1.10. Should the purpose or legal basis of data processing
activities indicated in this paragraph change, we will inform you
and, if the consent was the legal basis for data processing, will
re-obtain your consent.
1.11. Sometimes we may aggregate, anonymize or de-identify your
personal data in such a way so that it cannot reasonably be used
to identify you. Such data is no longer personal. We may use such
data without restriction in any way allowed by law, including, but
not limited to share such data with our partners or research
institutions, share in articles, blog posts and scientific
publications, aggregate statistics about certain activities or
symptoms from data collected to help identify patterns across
users and evaluate or modify our services.
1.12. We are following the principle of data minimisation:
personal data processed is adequate, relevant and limited to what
is necessary in relation to the purposes for which it is
processed.
1.13. Personal data is stored either on the servers of the Company
or of our contractors, who are bound by specific contractual
clauses regarding the processing of personal data as well as by
the confidentiality obligations.
1.14. We are using a number of technical and organisational means
to protect your personal data. Organisational security measures
include restricting access solely to authorised persons with a
legitimate need to access personal data, singing confidentiality
agreements, arranging trainings, creating and implementing
relevant policies and procedures. Technical measures include
appropriate actions to address online security, risk of data loss,
alteration of data or unauthorised access, implementing access
control and authentication tools, ensuring physical security
etc.
2. WHEN WE PROVIDE YOUR DATA TO OTHERS?
2.1. We may disclose your personal data to any member of our group
of companies (including our subsidiaries, our ultimate holding
company and all its subsidiaries) insofar as reasonably necessary
for the purposes set out in this notice. Such may include internal
administration purposes as well as provision/sharing of IT
services or data centres in the group.
2.2. We may disclose your personal data to our insurers and/or
professional advisers insofar as reasonably necessary for the
purposes of obtaining or maintaining insurance coverage, managing
risks, obtaining professional advice, or the establishment,
exercise or defence of legal claims, whether in court proceedings
or in an administrative or out-of-court procedure.
2.3. We may disclose your personal data to our anti-fraud, risks
and compliance providers insofar as reasonably necessary for the
purposes of protecting your personal data and fulfilling our legal
obligations.
2.4. We may disclose your personal data to our payment service
providers. We will share service data with our payment services
providers only to the extent necessary for the purposes of
processing your payments, transferring funds and dealing with
complaints and queries relating to such payments and transfers.
2.5.In order to offer you Klarna's payment methods, we might in
the checkout pass your personal data in the form of contact and
order details to Klarna, in order for Klarna to assess whether you
qualify for their payment methods and to tailor those payment
methods for you. Your personal data transferred is processed in
line with Klarna's own privacy notice.
2.6. We may disclose your personal data to other service providers
insofar as it is reasonably necessary to provide specific services
(including, providers of servers and maintenance thereof, email
service providers, service providers used for data analysis,
customer satisfaction surveys or market research). We take all the
necessary measures to ensure that such subcontractors would
implement proper organisational and technical measures to ensure
security and privacy of your personal data.
2.7. In addition to the specific disclosures of personal data set
out in this Section, we may disclose your personal data where such
disclosure is necessary for compliance with a legal obligation to
which we are subject, or in order to protect your vital interests
or the vital interests of another natural person.
2.8. Persons, indicated in this Section may be established outside
the Republic of Lithuania, European Union and European Economic
Area. In case we will transfer your personal data to such persons,
we will take all the necessary and in the legal acts indicated
measures to ensure that your privacy will remain properly secured,
including where appropriate, signing standard contractual clauses
for transfer of data. To find out more information regarding
appropriate safeguards you may contact us via email:
[email protected].
3. HOW LONG WE STORE YOUR DATA?
3.1. Your personal data that we process for any purpose or
purposes shall not be kept for longer than is necessary for that
purpose or those purposes. In any case it shall be kept for no
longer than:
(a) account data will be retained for no longer than 5 (five)
years following your last update on the account;
(b) service data will be retained for no longer than 5 (five)
years following the end of provision of services;
(c) messaging data will be retained for no longer than 2 (two)
years following the provision of consent or, in case, the
messaging data is being sent to the present clients in order to
maintain and improve customer relations, for no longer than 2
(two) years following the end of provision of the respective
services, unless you respectively withdraw your consent earlier or
object to such processing;
(d) correspondence data will be retained for no longer than 6
(six) months following the end of such communication.
3.2. In some cases, it is not possible for us to specify in
advance the periods for which your personal data will be retained.
I. e. device data will be retained for as much as will be
necessary for the relevant processing purposes
3.3. After the end of applicable retention period, or upon your
request personal data is destructed using overwriting or physical
destruction (when applicable) methods.
3.4. Notwithstanding the other provisions of this Section, we may
retain your personal data where such retention is necessary for
compliance with a legal obligation to which we are subject, or in
order to protect your vital interests or the vital interests of
another natural person.
4. MARKETING MESSAGES
4.1. In case you consent, we will contact you via email or phone
to inform on what we are up to. Also, if we already have provided
services to you and you do not object, we will inform you about
our Companies or our members of our group Companies other products
that might interest you including other information related to
such via email or phone, when such were provided to us by you..
4.2. When contacting you by phone as provided in section 4.1.
above, SMS/text messages from us will be received through your
wireless provider to the mobile number you provided. SMS/text
messages may be sent using an automatic telephone dialing system
or other technology. Message frequency varies. Message and data
rates may apply.
4.3. You may opt-out of receiving marketing communications at any
time. You may do so by choosing the relevant link in any of our
marketing messages or contacting us via means provided in our
website. If you are receiving both email and phone marketing
communications on the grounds provided in section 4.1. above and
you wish to opt-out of receiving them, you will need to opt out
separately by following the relevant link in any of our marketing
messages or contacting us via means provided in our website.
4.4. Upon you having fulfilled any of the provided actions we will
update your profile to ensure that you will not receive our
marketing communication in the future.
4.5. Please be informed that as our business activities consists
of a network of closely related services, it may take a few days
until all the systems are updated, thus you may continue to
receive marketing communication while we are still processing your
request.
4.6. In any case, the opt-out of the marketing communications will
not stop you from receiving communication directly related to the
provision of services.
5. AI TOOLS
a. We may use AI-based chatbots and other customer support
solutions powered by third party AI tools when you contact us
through in-app chatbot, our customer support email or other
communication channels.
i. The AI-based chatbots utilized by us are powered by third-party
service providers whose technologies enhance the functionality of
our application.
ii. In the course of using AI-based chat bots, certain data may be
collected or used, including profile information, user queries,
interactions, and any information voluntarily shared during the
conversation or necessary for query solution. This data may be
processed to provide tailored responses to user inquiries.
iii. The scope of information processed by AI-based tools will
depend on the nature of your request or inquiry, as well as any
information you provide in the request itself, so both personal
and non-personal data provided by customers may be processed. This
information may include details about your health condition,
symptoms, profile information or any other relevant health-related
data you choose to disclose during your interaction with the
chatbot or is necessary to process in the course of your
interaction.
iv. By using our in-app chatbot or otherwise by contacting your
customer support communication channels, you acknowledge and
consent to the processing of any Personal Data contained in your
inquiry, including health-related Personal Data, through the use
of AI-based tools. The processing of Personal Data through
AI-based tools is solely for the purpose to enhance the
functionality of our application, improve user experience and
providing efficient customer support. The information processed is
not used for unrelated purposes without your consent. We are
committed to maintaining the confidentiality and security of your
Personal Data.
v. Data collected by AI-based chatbots may be shared with the
third-party providers powering the chatbot functionality. We
ensure that these third-party providers adhere to data protection
laws and maintain the confidentiality and security of the shared
information.
vi. The AI-based chatbots do not operate with and do not provide
final answers regarding subscription management requests, as well
as data subject rights requests described in this Privacy Policy.
If you have these kinds of requests, please contact our customer
support agent.
vii. The data processed in the context of chatbot conversations
will be retained by us for up to 3 months from your last consent
renewal to ensure the functionality and personalization of your
experience with the chatbot.
6. YOUR RIGHTS
6.1. In this Section, we have summarised the rights that you have
under data protection laws. Some of the rights are complex thus we
only provide the main aspects of such rights. Accordingly, you
should read the relevant laws (first and foremost the General Data
Protection Regulation (EU) 2016/679) and guidance from the
regulatory authorities for a full explanation of these rights.
6.2. Your principal rights under data protection law are the
following:
(a) the right to access data;
(b) the right to rectification;
(c) the right to erasure of your personal data;
(d) the right to restrict processing of your personal data;
(e) the right to object to processing of your personal data;
(f) the right to data portability;
(g) the right to complain to a supervisory authority; and
(h) the right to withdraw consent;
(i) the right to request not to be a subject to a decision based
solely on automated processing, including profiling.
6.3. The right to access data. You have the right to confirmation
as to whether or not we process your personal data and, where we
do, access to the personal data, together with certain additional
information. That additional information includes details of the
purposes of the processing, the categories of personal data
concerned and the recipients of the personal data. Providing the
rights and freedoms of others are not affected, we will supply to
you a copy of your personal data. The first copy will be provided
free of charge, but additional copies may be subject to a
reasonable fee.
6.4. The right to rectification. You have the right to have any
inaccurate personal data about you rectified and, taking into
account the purposes of the processing, to have any incomplete
personal data about you completed.
6.5. In some circumstances you have the right to the erasure of
your personal data. Those circumstances include when: (i) the
personal data are no longer necessary in relation to the purposes
for which they were collected or otherwise processed; (ii) you
withdraw consent to consent-based processing and there are no
other legal basis to process data; (iii) you object to the
processing under certain rules of applicable data protection laws;
(iv) the processing is for direct marketing purposes; or (v) the
personal data have been unlawfully processed. However, there are
exclusions of the right to erasure. Such exclusions include when
processing is necessary: (i) for exercising the right of freedom
of expression and information; (ii) for compliance with our legal
obligation; or (iii) for the establishment, exercise or defence of
legal claims.
6.6. In some circumstances you have the right to restrict the
processing of your personal data. Those circumstances are when:
(i) you contest the accuracy of the personal data; (ii) processing
is unlawful but you oppose erasure; (iii) we no longer need the
personal data for the purposes of our processing, but you require
personal data for the establishment, exercise or defence of legal
claims; and (iv) you have objected to processing, pending the
verification of that objection. Where processing has been
restricted on this basis, we may continue to store your personal
data, however we will only further process such data in any other
way: (i) with your consent; (ii) for the establishment, exercise
or defence of legal claims; (iii) for the protection of the rights
of another person; or (iv) for reasons of important public
interest.
6.7. You have the right to object to our processing of your
personal data on grounds relating to your particular situation,
but only to the extent that the legal basis for the processing is
that the processing is necessary for: the performance of a task
carried out in the public interest or the purposes of the
legitimate interests pursued by us or by a third party. If you
make such an objection, we will cease to process the personal
information unless we can demonstrate compelling legitimate
grounds for the processing which override your interests, rights
and freedoms, or the processing is for the establishment, exercise
or defence of legal claims.
6.8. You have the right to object to our processing of your
personal data for direct marketing purposes (including profiling
for direct marketing purposes). If you make such an objection, we
will cease to process your personal data for this purpose.
6.9. You have the right to object to our processing of your
personal data for scientific or historical research purposes or
statistical purposes on grounds relating to your particular
situation, unless the processing is necessary for the performance
of a task carried out for reasons of public interest.
6.10. The right to data portability. To the extent that the legal
basis for our processing of your personal data is:
(a) consent; or
(b) performance of a contract or steps to be taken at your request
prior to entering into a contract, necessary to enter into
such,
you have the right to receive your personal data from us in a
structured, commonly used and machine-readable format. However,
this right does not apply where it would adversely affect the
rights and freedoms of others.
6.11. If you consider that our processing of your personal
information infringes data protection laws, you have a legal right
to lodge a complaint with a supervisory authority responsible for
data protection. You may do so in the EU member state of your
habitual residence, your place of work or the place of the alleged
infringement. Our data processing is supervised by State Data
Protection Inspectorate of the Republic of Lithuania, registered
office at L. Sapiegos St. 17, LT-10312 Vilnius, www.ada.lt.
6.12. To the extent that the legal basis for our processing of
your personal information is consent, you have the right to
withdraw that consent at any time. Withdrawal will not affect the
lawfulness of processing before the withdrawal.
6.13. You have the right to request not to be a subject to a
decision based solely on automated processing, including
profiling, which produces legal effects concerning you or
similarly significantly affects you. However, there are exclusions
of this right. Such exclusions include when the decision: (i) is
necessary for entering into, or performance of, a contract between
you and us; (ii) s authorised by EU or EU member state law to
which we are subject to and which also lays down suitable measures
to safeguard the your rights and freedoms and legitimate
interests; (iii) is based on your explicit consent.
6.14. In addition to specific measure provided in this Section or
the website you may also exercise any of the rights indicated
herein by contacting us by email:
[oi@perfectbody.me]. We undertake to respond to such inquiries within 1 month after
it is received. This response time may be extended by 2 months for
complex or multiple requests. In case of such extension, we will
inform you additionally.
7. ABOUT COOKIES
7.1. Cookies are small textual files containing identifier that is
sent by a web server to your web browser and is stored by the
browser. The identifier is then sent back to the server each time
the browser requests a page from the server.
7.2. Cookies do not typically contain any information that
personally identifies a user, but personal information that we
store about you may be linked to the information stored in and
obtained from cookies.
8. COOKIES THAT WE USE
In the website we use cookies of three main types, for the
following purposes:
(a) Required cookies - used to ensure proper performance of the
website, security of customers and their data, provision of
high-quality services;
(b) Functional cookies - used to enhance the website user
experience, analyse the use of the system and in accordance to
such improve the provision of services;
(c) Advertising cookies - used to observer user online behaviour
and optimize marketing campaigns according to such information.
9. COOKIES USED BY OUR SERVICE PROVIDERS
9.1. Our service providers use cookies and those cookies may be
stored on your computer when you visit our website.
9.2. We use:
(a) Google Analytics cookies to observe our website traffic.
Cookies used for this purpose help us detect website errors as
well as measure website bandwidth. You can view the privacy policy
of Google Analytics here;
(b) Youtube cookies to display in our website content uploaded in
Youtube. Cookies used for this purpose help us maintain integrity,
create informative and dynamic website. You can view the privacy
policy of Youtube here;
(c) Twitter cookies to display in our website content posted in
Twitter. Cookies used for this purpose help us maintain integrity,
create informative and dynamic website. You can view the privacy
policy of Twitter here;
(d) Google Maps cookies to, if the user permits, determine users
location. Cookies used for this purpose help us adapt website
settings in accordance to user's location and improve user
experience in our website. You can view the privacy policy of
Google Maps here;
(e) Doubleclick cookies to control the display of ads to our
users. Cookies used for this purpose help us distinguish users
that already use our services and reduce or stop displaying our
ads to such users. You can view the privacy policy of Doubleclick
here;
(f) Facebook cookies to manage the display of ads to our users.
Cookies used for this purpose help us distinguish users that
already use our services and reduce or stop displaying our ads to
such users. You can view the privacy policy of Facebook here;
(g) Google Tag Manager cookies to control advertising cookies.
Cookies used for this purpose help us properly distribute ads to
users. You can view the privacy policy of Google Tag Manager
here;
(h) Hotjar cookies to observe how users use our website. Cookies
used for this purpose help us observe the performance of the
website and analyse how we can improve our website. You can view
the privacy policy of Hotjar here;
(i) Visual Website Optimiser cookies that are used for collecting
information on how visitors interact with the pages on website.
You can view the privacy policy of Visual Website Optimiser here.
10. HOW CAN YOU MANAGE COOKIES?
10.1. Most browsers allow you to refuse to accept cookies and to
delete cookies. The methods for doing so vary from browser to
browser, and from version to version. You can however obtain
up-to-date information about blocking and deleting cookies via
information provided in the relevant browser website, for example
Chrome; Firefox; Internet Explorer; Safari.
10.2. Blocking all cookies will have a negative impact upon the
usability of many websites.
10.3. If you block cookies, you will not be able to use all the
features on our website.
11. THIRD PARTY WEBSITES
In the website you may find links to and from partner sites,
information sources and related party websites. Please take note
that such third party website that you will visit by clicking on
links have their own privacy policies and we take no
responsibility regarding such privacy policies. We recommend
familiarising with privacy policies of such websites before
providing any personal data to such.
12. CHILDREN PERSONAL DATA
12.1. Our website and services are targeted at persons over the
age of 18.
12.2. If we have reason to believe that we hold personal data of a
person under that age in our databases without having consent from
the parent rights holder, we will delete that personal data.
13. CALIFORNIA PRIVACY ADDENDUM
If you are a California consumer or resident, in addition to the
information provided in this privacy policy, you may have the
additional rights and information provided to you under the
California Consumer Privacy Act:
a. We do not knowingly sell personal information nor share it with
third parties for direct marketing purposes. However, if we do so
in the future, you will be notified and have the right to opt-out
of the "sale" of personal information;
b. We will retain, use, or disclose personal information we
collect or processes on your behalf, only for the purposes
described in this privacy policy, and will notify you if this
changes.
c. You have the right to not be subject to discrimination if you
exercise any of your rights.
14. UPDATING YOUR DATA
Please let us know if the personal information that we hold about
you needs to be corrected or updated.
15. CHANGES TO THE NOTICE
Any changes to this notice will be published in the website and,
in case of material changes, we may inform you about such via
email or by other means which we will deem the most fitting in a
particular case.