(I) The solutions contained on the Hotmart Sparkle Platform (or simply "Sparkle") are provided by LAUNCH PAD TECNOLOGIA, SERVIÇOS E PAGAMENTOS LTDA., a private legal entity, registered under the corporate ID number (CNPJ/MF) 13.427.325/0001-05, headquartered in Belo Horizonte/MG, at Rua Bernardo Figueiredo nº 33, 1º andar, Bairro Serra - CEP 30.220-140, Belo Horizonte – MG - Brazil ("Hotmart", "our" and "we").
(III) Sparkle allows the integration of your account created on the Hotmart Platform, through your email. If you have a Hotmart Platform account, you can log onto Sparkle with the same email and password used for your access to the Hotmart Platform.
(IV) We remind you that it isn’t possible to offer Sparkle features without having access to this personal data. In other words, the processing of personal data is a condition for using Sparkle.
(VII) If you do not agree with the new terms of this Policy, you must cease using Sparkle.
(VIII) This Policy’s official language is Portuguese. Any version in another language is a translation provided as a courtesy. In case of conflict due to interpretation, the version in Portuguese shall prevail for personal data processed by Sparkle.
1. GENERAL INFORMATION
1.1. Types of Users: Sparkle is targeted to the following types of users:
1.1.1. "Visitors": Anyone who browses Sparkle without registering. Visitors are only allowed to view Sparkle posts.
1.1.2. "Users": Anyone who logs onto Sparkle with an account created via Sparkle registration e/or through a link with a Hotmart account.
1.2. Access to Posts: Visitors and Users can access videos, audios, images and texts ("Posts") of communities created by Users ("Community"). However, only Users can interact with these Posts and with other Users through comments.
1.3. Sharing with third parties: Through this Policy, we want to be transparent about what personal data is processed in Sparkle. We remind you that some of your personal data is shared with third parties, for the effective operation of Sparkle.
2. DATA FROM MINORS UNDER THE AGE OF 13
2.1. Processing the personal data of minors: We do not collect or knowingly request personal data from minors under the age of 13. If we become aware that we have collected personal data from a minor under the age of 13, we will cancel the account created on the Platform and delete the personal data, keeping only personal data for the purpose of preventing another attempt to register. Sparkle users between the ages of 13 and 18 will have their personal data processed according to this Policy.
3. PERSONAL DATA PROCESSED
3.1. Providing your Information: In order to take advantage of Sparkle, you can register and, to do so, you need to provide certain types of personal data. Among other activities, we collect personal data to allow Sparkle’s operation:
3.1.1. Registration Information: This is the information requested from the User when registering on Sparkle and that allows User identification, such as: (a) Full name; (b) Date of Birth; (c) Email; (d) Password; (e) Preferred language.
3.1.2. Registration Data for Events, Newsletter and/or Hotmart Relationships: (a) Name; (b) Email; (c) Other information that Hotmart may request for Events, Newsletter and/or Relationship.
3.1.3. Profile Information: This is the information that Users provide to Sparkle, through Sparkle, after the creation of their registration, in order to complement their profile, such as: (a) Bio; (b) User name; (c) Profile photo.
3.1.4. Activity Information: We collect information related to your Sparkle use, such as: (a) Frequency of Sparkle Use; (b) Information about the User's browser, in case of Web access; (d) Information about the User’s mobile device, in case of use of App access; (e) Product Use Data; (f) User Connection Data.
3.1.5. Post Data: Users’ Posts, as well as the User’s image and voice, among other types of information related to Users.
3.1.6. Support Data: (a) Name; (b) Email; (c) Subject; (d) Current country; (e) Reply language. At your discretion, you may submit other types of supporting documents, information and/or data ("Supplementary Documents"). Sparkle may request Supplementary Documents that will assist in the service.
4. PURPOSE OF THE COLLECTION AND PROCESSING OF DATA
- Link your Sparkle account to your Hotmart account;
- Link your Sparkle account to your Apple account;
- Link your Sparkle account to your Facebook account;
- Identify Users with Sparkle;
- Provide User access to Sparkle through User identity authentication;
- Contact the User, when necessary;
- Send communications;
- Perform support services;
- Perform activities of fraud prevention analysis on Sparkle; and
- Adjust the structure of events according to the Buyer’s special needs, an activity to be carried out by the Producer (Controller) or on his/her behalf.
- Carry out registration in Events;
- Sending Newsletters;
- Sending Communications;
- Sending Educational Material;
- Media campaigns focused on advertising and promotions.
- Allow Users to post their content;
- Divulge User content through the means available on Sparkle; and
- Perform activities of fraud prevention analysis on Sparkle.
- Improve Users’ experience on Sparkle;
- Constantly improve Sparkle;
- File purchasing history; and
- Authenticate Users upon the submission of supporting documents;
- Send email marketing, push and/or media campaigns with a focus on engagement, advertising and promotions; and
- Navigation analysis to optimize the Platform and offer products and services.
- Perform User support activities in order to meet the requested demands;
- Registration verification;
- Content verification;
- User identity verification; and
- Update Producers’ registration on the Platform.
- Integration with the Hotmart Account.
5.1. Use of "Cookies": When you access Sparkle, we may use "Cookies" to recognize Users profiles and customize their experience on our Platform, as well as the services and other content available on the Platform.
5.2. What are "Cookies": "Cookies" are small text files transferred to the User's device that help identify Users.
5.3. "Cookie" functionality: Certain features are only available with Cookies. If the User disables or refuses this function, using Sparkle may be limited or impossible.
6. PUBLIC INFORMATION
6.1. Access to Posts: Sparkle posts are public and can be accessed by any User and/or Visitor. The communities you create (that are not private), people you follow, the likes your Posts receive, your comments on other Users’ Posts, and your subscriptions are public.
6.2. Responsibility for the Information: Remember that the information you share via Sparkle may be accessed by any User and/or Visitor. Be careful with what you disclose publicly, especially sensitive personal information.
7. EXCLUSION OF PERSONAL DATA
7.1. Retention Period: All personal data process in accordance with this Policy will be maintained by Sparkle for as long as necessary for the respective purposes. We may also retain information as required by law or regulations or for the regular exercise of rights, or under circumstances where Sparkle or third parties have a legitimate purpose.
7.2. Requests for Exclusion: You may delete your Sparkle account at any time by accessing Sparkle’s settings, with the use of any other means to achieve this goal being ineffective. In this case, we may retain information as required by law or regulations or for the regular exercise of rights, or under circumstances where Sparkle or third parties have a legitimate purpose.
8. SHARING PERSONAL DATA
8.1. Sparkle may share your personal data with third parties, as described in the table below:
- Availability of Sparkle features;
- Integration of your Hotmart account with your Hotmart Sparkle account;
- Improvement of Sparkle’s features and services provided; and
- Send email marketing, push and/or media campaigns with a focus on engagement, advertising and promotions.
- For compliance with requests made by judicial or governmental authorities, as provided for by applicable law or regulation; and
- For compliance with laws or regulatory rules.
- Allow the development of Sparkle’s activities;
- Allow the improvement of Sparkle’s services and operations, such as, but not limited to, data backup, fraud prevention services, email service providers, and databases, among others;
- llow support services;
- For the processing and storage of personal data; and
- To send communications.
9. INTERNATIONAL TRANSFERS
9.1. If your personal data is transferred to another country during the provision of services or operations between Hotmart companies of the same group, or the third parties described above, we (and the third parties, where applicable) will take the measures required by law to ensure that your personal data remains protected, and that such transfer is carried out in accordance with one of the transfer mechanisms provided for in the LGPD (General Personal Data Protection Law).
10. RIGHTS WITH RESPECT TO YOUR PERSONAL DATA
10.1. Rights and Guarantees: Users have rights and guarantees regarding their personal data. We provide mechanisms, which are detailed below, so that Users have clarity and transparency in exercising their rights. Whenever necessary, our team is ready to analyze any requests.
10.2. Rights provided in the LGPD: Pursuant to the General Personal Data Protection Law (Brazilian Law 13.709/2018) ("LGPD"), you have the right to:
- Confirm that we have carried out the processing of your personal data;
- Access your personal data;
- Request the correction of incomplete, inaccurate or outdated personal data;
- Request the anonymization, blocking or deletion of unnecessary, excessive or processed personal data that is not in accordance with the provisions of the LGPD;
- Request the portability of your personal data to another service or product supplier, observing our commercial and industrial secrets, after regulation by the National Data Protection Authority;
- Request the deletion of personal data processed with your consent, except in the cases of conservation of personal data provided for in the LGPD;
- Request information about with whom we share your personal data;
- Request information about the possibility of not providing your consent and the consequences;
- Revoke your consent for the processing of your personal data, when processing is carried out based on your consent; and
- Express disagreement to processing that violates the LGPD.
10.3. Additional Information: Before we respond to a request for the aforementioned exercise of rights, we may ask you to provide us with information to confirm your identity.
11.1. Our Position: We are against any practice that promotes SPAMMING of any kind, and we are committed to ensuring that the messages sent through Sparkle are always of interest or importance to their recipients. In addition, at any time, Users can also choose to stop receiving Sparkle emails by adjusting their preferences for receiving emails or canceling their account.
12. INFORMATION SECURITY
12.1 The data collected by Sparkle will be stored in secure databases, within the best practices, with restricted access only to employees with the proper credentials, who are obliged to maintain the confidentiality of the information and not use it inappropriately.
13. INFORMATION AND QUESTIONS
13.1. Questions about the Policy or Your Personal Data: If after reading this Policy you have any questions or would like to submit a request regarding your personal data, you can contact our privacy team or the person responsible through this form.
HOTMART SPARKLE respects your privacy and we are committed to taking all the steps in order to preserve it.
REGISTRATION DATA: affiliation, address (including electronic address), PERSONAL qualification, understood as name, surname, marital status, and profession from the User.
PERSONAL DATA: information relating to the natural person. Considered all data that can be directly or indirectly used to identify a person, for example: name, photos, email, bank details, medical information, geolocation, phone number, posts on social media, computer IP address, etc.
PROCESSING OF PERSONAL DATA: every operation made with PERSONA DATA, such as the ones relating to the collection, production, reception, classification, use, access, reproduction, transmission, distribution, processing, storage, deletion, assessment, or control of information, modification, communication, transference, diffusion, or extraction.
1) Collection of PERSONAL DATA and information
Firstly, it is important that you acknowledge and expressly accepts the possibility that HOTMART SPARKLE may collect, receive and store, automatically, Personal Data and information in its servers about the activities from the users’ browsers, including geolocation, IP addresses, cookies, or other identifiable character sequences, and other information from the transactions made through the Platform and App.
Moreover, it is worth reminding you that, to make use of the tools offered by HOTMART SPARKLE, you must sign up to the App and, to do so, you must provide a user identification of your choosing and a phone number to which the access password will be sent.
You are aware that is it your responsibility to provide true, exact, precise, updated and complete information when you sign up for HOTMART SPARKLE. We remind you that providing incomplete or false information constitutes a crime under the law and can lead to severe penalties to those who provide it.
2) Control of REGISTRATION DATA by the Users
Each user holds control over the REGISTRATION DATA in the profile created at HOTMART SPARKLE, being able to access such data and change it by using his or her login and password. We remind you that login and password are individual and known only by the user, who shall ensure the confidentiality of such data. HOTMART SPARKLE is not held responsible for the manner in which the User uses such data. The users may update their REGISTRATION DATA within HOTMART SPARKLE on the App.
3) Collect and use of PERSONAL DATA and information collected
The PERSONAL and REGISTRATION DATA collected, as well as any other information collected, may be used in the communication between our team and you, in notifications about your activity with HOTMART SPARKLE tools, as well as system alerts and notifications.
Moreover, the PERSONAL DATA and REGISTRATION DATA collected, as well as any other information and access registration to the HOTMART SPARKLE tools may be stored, treated, processed, and used by us with the following purposes:
- enable the provision of services offered by HOTMART SPARKLE in an effective and efficient way, allowing the operationalization in a fast and safe manner;
- help, whenever necessary and appropriate, that the Users (content producers or consumers) communicate amongst themselves, especially in cases of possible disputes relating to CONTENT quality, delay in the delivery of CONTENT, Copyright, and Intellectual Property;
- carry out analyses and studies relating to behavior, interest, and demography of Users, with the intent of understanding their demands and needs, in order to provide more adequate, efficient, and interesting services, improving the experience of usability of HOTMART SPARKLE tools;
- improve our commercial and marketing strategies, in order to make the services offered better;
- send Users, through messages, information relating to the products, services, advertisement, promotions, banners, and news from HOTMART SPARKLE.
At any moment, you may request to be unsubscribed from lists that send promotional or advertisement messages.
4) Storage and Protection of PERSONAL DATA collected
All PERSONAL DATA from users obtained in the moment of access, registration on HOTMART SPARKLE, use of the Platform, or at any other moment of contact/communication between user and Platform, will be stored in our database, for at least 6 (six) months or for a longer period, as requested by legal or administrative order, in the terms of the current legislation, or for legitimate means of development and offering of services to the users.
The PERSONAL DATA informed to HOTMART SPARKLE or by other means collected by HOTMART SPARKLE will be stored in safe databases, with access restricted only to employees with the appropriate credentials, who must keep the confidentiality of such information and not make use of it inadequately.
HOTMART SPARKLE may store, and process PERSONAL DATA collected and other information collected in a server located in Brazil or abroad.
5) Disclosure of PERSONAL and REGISTRATION DATA collected to third parties
You accept that, in an attempt to avoid illegal activities, in cases of suspicion of fraud, disputes, complaint about the CONTENT or any indication of foul play by the Users, including the dissemination of SPAM and situations involving potential threats to the physical well-being of an individual, the PERSONAL and REGISTRATION DATA of Users involved can be provided to the harmed parties. In certain cases, if HOTMART SPARKLE deems necessary, it can provide the data collected to the bodies and institutions intervening in the investigation of resolution of disputes between Users or between Users and third parties, such as: insurance companies, arbitration awards, and other competent administrative bodies.
You also agree that HOTMART SPARKLE may share PERSONAL and REGISTRATION DATA collected with the providers of third-party services to HOTMART SPARKLE, with the intent of allowing the development of their respective activities and ensure the improvement of services and operations of the Platform, for instance, but not limited to, services such as: data backup, fraud-prevention services, service provision of emails and databases, issuing of invoices, amongst others. In this case, HOTMART SPARKLE demands from all service providers with which we share users’ Personal Data, to include in their contracts, clauses that ensure the protection and confidentiality in processing data.
You agree, moreover, that in an eventual business operation that involves the restructuring of the corporate group to which HOTMART SPARKLE is part, as well as the acquisition or selling of stocks and assets, the PERSONAL DATA may be considered one of the commercial assets to be transferred. In these cases, HOTMART SPARKLE may transfer the PERSONAL and REGISTRATION DATA if the company is bought, or merged with (an)other company(ies).
- by a request or specific authorization by the user him/herself;
- in compliance with court order.
6) Retention of PERSONAL and Registration after termination of account
You can request that your account is deleted on HOTMART SPARKLE at any time at email@example.com. Any other means to this objective is ineffective. Notified of the User’s request, HOTMART SPARKLE will then proceed to definitively exclude the REGISTRATION DATA provided by the User throughout the duration of the relationship with HOTMART SPARKLE, which may take up to 5 (five) days. The access registration (IPs), if there are any, will be discarded after 180 days of storage, in the terms of the current Brazilian legislation.
We are against all and any practice that promotes SPAM of any kind and we are committed to ensure that every message sent by HOTMART SPARKLE are in the interest or are important to the respective recipient. Moreover, at any moment, the user may also choose to stop receiving messages from HOTMART SPARKLE by changing his or her preferences for receiving emails, or terminating his or her account, just like stated in the item above.