This document is issued by A ARQUITETA CURSOS E PROJETOS LTDA- ME (“A ARQUITETA”), a private legal entity registered under the National Registry of Legal Entities – CNPJ/MF under No. 18.782.699/0001-54, headquartered at R. Orquídea No 46 – Jardim das Flores – Osasco-SP CEP 06112-070, conferring to all “USERS,” i.e., those who access and register on the Platform provided by A ARQUITETA, thereby enjoying the services provided through it, full and unequivocal knowledge regarding the rules set forth in this Privacy Policy, as well as about the collection of information and data processing, in accordance with the provisions of Laws No. 12.965/2014 (Internet Civil Framework) and 13.709/2018 (LGPD), and other conditions established below.
WE RECOMMEND THAT THIS DOCUMENT BE READ CAREFULLY. IT DESCRIBES HOW THE PERSONAL INFORMATION PROVIDED BY YOU TO ACCESS OUR SITE AND USE OUR SERVICES IS TREATED, AS WELL AS THE CONDITIONS OF THE SERVICES THEMSELVES.
BY SCROLLING TO THE BOTTOM OF THIS PAGE, WE PRESUME THAT YOU HAVE READ THE TEXT, AND BY CLICKING ON “I ACCEPT” ON THE FLOATING BUTTON ON THE LEFT SIDE OF THE SCREEN, YOU AFFIRM THAT YOU KNOW AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, AGREEING TO BE BOUND BY ITS TERMS FREELY AND SPONTANEOUSLY.
CHAPTER 1 – OBJECT
Art. 1. This Privacy Policy will govern the relationships between: (i) the USER and A ARQUITETA; and (ii) the USER whenever the user chooses to be part of it, as provided for in the Terms of Use of the A ARQUITETA Platform.
Art. 2. It is exclusively the USER’s responsibility to comply with the current legislation regarding the protection of personal data of individuals (hereinafter “data subjects,” as per art. 5, V, LGPD) with whom they have or will have a relationship in the exercise of their business activities.
Art. 3. The USER declares to be aware that A ARQUITETA is an environment created so that information circulates securely in a restricted environment shared with various other data processing agents (art. 5, IX, LGPD), whose rules must be respected, as well as the privacy and data protection preferences of data subjects that circulate on their respective websites, applications, and platforms, as well as facilitating their internet browsing, or with whom the USER may come into contact with personal data.
CHAPTER 2 – LEGAL POSITIONS
Art. 4. The USER acknowledges that, in relation to A ARQUITETA, the USER acts as the CONTROLLER (art. 5, VI, LGPD) of the personal data of all individuals who circulate on their respective websites, applications, and platforms, as well as facilitating their internet browsing, or with whom the USER may come into contact with personal data.
Art. 5. The USER acknowledges that, in relation to themselves, A ARQUITETA acts as the OPERATOR (art. 5, VII, LGPD) and that, therefore, it is acting on behalf of the USER, considered for all legal purposes as the CONTROLLER of personal data.
§1. Due to the contracting of services provided by A ARQUITETA in favor of the USER, contracted in accordance with the Terms of Use, any possibility of a data protection violation related to the USER must be communicated to A ARQUITETA in a timely manner to take the necessary measures to avoid such violations or, when impossible to prevent them, to mitigate the inherent risks of the specific case.
§2. The USER acknowledges that A ARQUITETA is not responsible for the acts of processing personal data of data subjects carried out in the execution of the contractual scope, as provided for in the Terms of Use of the Platform, nor for acts performed to meet USER requests;
§3. The USER acknowledges A ARQUITETA as a simple service provider for managing the consent of visiting data subjects on websites, platforms, internet applications, and other vehicles where the USER may make their services available, with the USER being responsible for guiding A ARQUITETA on the lawful forms of processing the personal data of such data subjects.
Art. 6. The USER may not object, without just cause, to the sharing of personal data of data subjects with whom they have direct contact in favor of A ARQUITETA or any of its constituent parts.
Art. 7. The USER declares that the collection, storage, use, and sharing of personal data in favor of A ARQUITETA was carried out in perfect accordance with the legal bases provided in articles 7 and 11 of the LGPD, having obtained informed, free, unequivocal, and specific consent from the data subject for processing, and that it observed the principles of purpose, adequacy, necessity, free access, quality, transparency, security, prevention, and non-discrimination (art. 6, LGPD).
CHAPTER 3 – USER OBLIGATIONS
Art. 9. The USER’s obligations are:
- To comply with current legislation, especially concerning legal provisions regarding the protection of privacy and personal data of data subjects, and, although not yet in force, also Law No. 13.709/2018.
- When processing personal data, understood as the range of activities described in article 5, X, of Law No. 13.709/2018 (LGPD), the USER is obliged, under their exclusive responsibility, to implement their own privacy policy, providing the necessary clarifications to the affected data subjects regarding data collection, warning, among other issues, which data will be collected, the storage period of the data, as well as the purpose of the collection, always making available, whenever possible, an option for the user to use such services without their personal data being collected. The processing of personal data must be carried out by the USER in a way that preserves the privacy of the respective data subjects, committing the USER to retain the least amount of data and records possible and to delete them (i) as soon as the purpose of their use is achieved, in case of consent revocation or data elimination request, or (ii) if the period determined by legal obligation has ended, as provided in article 13, §2 of the Internet Civil Framework Law.
- To take all necessary measures to validly obtain the consent of the data subject;
- To promptly communicate to A ARQUITETA, whenever necessary and under their exclusive responsibility, the requests of data subjects in the exercise of their rights provided for in article 18 of the LGPD, especially in cases of consent revocation or requests for data rectification and elimination;
- Without prejudice to the communication provided in item “c” above, to delete from their database all personal data of data subjects who revoke their consent or request the elimination of their personal data;
- To adopt information security measures, both logical and physical, compatible with the risks of their activities and market standards, meeting, if any, applicable regulatory norms;
- To include in their Terms of Use and Privacy Policies the necessary clauses to clearly and unequivocally communicate the collection of personal data of data subjects and the sharing of the data authorized by the data subject in favor of and made available by A ARQUITETA on its platform;
- To upload their Privacy Policy, in accordance with the appropriate field.
CHAPTER 4 – RESPONSIBILITIES
Art. 10. The use of personal data of data subjects whose access by the USER occurred via the A ARQUITETA COURSE PLATFORM is the exclusive responsibility of the USER, with A ARQUITETA not being liable for damages of any nature arising from such use. The USER acknowledges that they are solely responsible for the acts performed by their agents in using the A ARQUITETA Platform, as well as determining whether these acts are consistent with the expected results.
Art. 11. The USER acknowledges that they are solely responsible for: (i) the content of their own Privacy Policies and/or Terms of Use of their websites, platforms, internet applications, and other vehicles where they make their services available; (ii) the adoption of necessary measures to observe the privacy and protection of personal data of data subjects whose data are processed by the USER or by A ARQUITETA, in the position of operator (art. 5, VII, Law No. 13.709/2018); and (iii) the adoption of information security measures, both physical and logical.
Art. 12. The USER acknowledges that, to enjoy the services that include participation in the A ARQUITETA COURSE PLATFORM, they must mandatorily adopt the pre-established clauses by A ARQUITETA, made available on the A ARQUITETA Platform, incorporating them fully into their own Privacy Policy/Terms of Use/Cookie Policy, or similar instrument, being responsible for direct, indirect, and emergent damages of any nature caused to A ARQUITETA or third parties due to non-compliance with this clause.
Art. 13. Any damages proven to be caused by A ARQUITETA to the USER will be indemnified up to the amount paid by the USER at the time of the damage occurrence.
And for being in agreement, the USER expresses their acceptance of this instrument, so that it produces all legal and factual effects.
Osasco/SP, December 7, 2020.
