Colorminas

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This Privacy Policy and Personal Data Protection serves the purpose of demonstrating the commitment of Colorminas Colorifício e Mineração Ltda “In Judicial Reorganization”, duly enrolled with the CNPJ under No. 80.084.809/0001-88, with registered office at Rod. SC 443, Km 01, Bairro Getúlio Vargas, Içara/SC, CEP 88820-000, hereinafter referred to as the CONTROLLER, with the protection of collected personal data, hereinafter referred to as the HOLDERS, clarifying the rules on the treatment of personal data, pursuant to the provisions of the General Law on Data Protection (Law No. 13.709/2018).

It is hereby highlighted that this policy was fully read by the HOLDERS, who declare their free and express agreement to the provisions stipulated herein, with transparency, in a clear and unequivocal manner, authorizing the collection of the data and the information mentioned below, which will be used for the purposes described below, being aware of the indispensability of the processing of the data, to enable the provision of educational services eventually contracted, pursuant to §3 of art. 9, of the General Data Protection Law.

1. CONSENT AND THE COLLECTION OF PERSONAL DATA

1.1. The HOLDERS declare awareness that the acceptance of this policy will be recorded in the CONTROLLER's database, with the date of the manifestation of consent, whilst such information may be used as proof of acceptance by the HOLDERS, regardless of any other formality.

1.2. The HOLDERS declare being aware that the CONTROLLER, in this capacity, promotes the processing of their personal data, limited to the minimum necessary to meet the purposes stated in this Policy, especially for the communications incidentally carried out between the parties.

1.3. The data will be collected and stored for the purposes of contract compliance, legal and regulatory obligations, compliance with public policies, protection of life and health, as well as for improvements in the provision of services, for the period required to meet the purposes of the data collection or until the end of the legal or regulatory requirement of data storage.

1.3.1. If necessary, the HOLDERS, through their legal guardian, if applicable, expressly authorize the treatment of their personal data by the CONTROLLER, always in their best interest and in compliance with the General Law on the Protection of Personal Data.

1.3.2. If applicable, the HOLDERS, through their legal guardian (or person authorized by the same) should so be the case, also authorize, hereby, the processing of their Sensitive Personal Data related to health, collected through a specific document (filled out by the legal guardian when necessary), provided by the very HOLDER, for the purposes of emergency assistance, in compliance with articles 11 and 14 of the General Law on the Protection of Personal Data.

1.4. The PERSONAL DATA that may be collected include: full name, electronic address (e-mail), personal document (CPF number, for example), telephone number (landline and mobile), professional and/or residential address, profession, interests expressly provided, description/curriculum, course evaluations, comments, participation in surveys and polls, payment conditions for the CONTROLLER's products and services, among others, related to the purposes of the contract for the provision of the services of the same.

1.4.1. Registration data, such as full name, marital status, CPF, address, telephone contact, profession, e-mail, among others, are used for the fulfillment of the contract, of legal obligation, whilst sharing data with third parties and authorities when so requested and strictly necessary, if possible, in anonymized fashion, for the protection of credit and collection procedures, and for the guarantee of security of the HOLDERS.

1.4.2. The registration of image of the HOLDERS is used for identification and security, through monitoring, for historical collection, institutional use, recorded meetings, and for advertising use, when authorized.

1.4.3. Sensitive personal data, such as those related to religious conviction, health, biometric data of the HOLDERS, when applicable, are collected to enable compliance with legal/regulatory obligations, as well as for the safety of the HOLDERS, when necessary.

1.5. The HOLDERS are aware that the failure to provide some data may hinder their access to features or content made available by the CONTROLLER.

1.6. The CONTROLLER may also automatically collect some information from the HOLDERS, when they access and use the website, such as characteristics of the access device, browser, internet protocol (IP with date, time and origin), information about clicks, pages accessed, searches performed on the website, and cookies.

1.7. After the anonymization of the personal data of the HOLDERS, the CONTROLLER can perform studies and research of a historical, scientific, technological or statistical nature of the CONTROLLER’s interest.

1.8. The CONTROLLER may share the personal data with third parties, whether public or private entities, as long as they are used for the same purpose described in this policy, for compliance with the contract signed between the parties.

1.8.1. In these cases, the CONTROLLER will only share the minimum amount of information necessary to achieve the respective purposes.

1.9. The CONTROLLER may subcontract the service of data processing and storage (Data Operator), so that the HOLDERS are aware of the access and processing of personal data by third parties, service providers, whose hiring is intended to ensure the efficiency of the services to be provided.

1.9.1. The CONTROLLER assures the HOLDERS, upon request, the right to information on the entities, public or private, with which the personal data has been shared.

1.10. The personal data of the HOLDERS will be processed for a period of 5 (five) years, counting from the end of the contractual relationship, with its subsequent elimination, conservation of the same being authorized in the cases described in article 16 of the General Law on the Protection of Data.

1.11. The parties declare that they are aware that the data provided by the HOLDERS, once anonymized, are not considered personal data, as established in article 12 of the General Law on the Protection of Data.

1.12. The HOLDERS are responsible for the accuracy and veracity of the information provided to the CONTROLLER, and must provide the same with accuracy and update the same whenever necessary.

1.12.1. At any time, the HOLDERS may request disclosure or rectification of their personal data, as well as change their grants of consent, grant new permissions or withdraw their consent for the current permissions, through the Service Channels available in this policy, being warned of the consequences of withdrawing consent.

1.13. Access to processed data is restricted to professionals authorized by the CONTROLLER, whilst the use, access, and sharing of the same, when necessary, will be in accordance with the purposes described in this policy.

1.14. In case of transmission, by the HOLDERS, of their personal data to third parties, the CONTROLLER disclaims any liability derived from leakage of the data provided.

1.14.1. The CONTROLLER vows to notify the HOLDERS, immediately, if any type of breach in security of the collected data is detected, which may entail risks, considered as those that may cause, accidentally or unlawfully, the destruction, loss, alteration, disclosure of or unauthorized access to personal data transmitted, stored or subject to any other type of treatment.

1.14.2. The HOLDERS must adopt the preventive measures necessary for use of the internet, including the use of antivirus, personal access password, and other technical and management measures, intended to avoid failures, breaches or other inconveniences in the access to the tools made available by the CONTROLLER.

2. INFORMATION OF THE CONTROLLER

2.1. Colorminas Colorifício e Mineração Ltda “In Judicial Reorganization” will be regarded as the CONTROLLER and OPERATOR, for the purposes of the General Law on the Protection of Data (Law nº 13.709/2019), and may be contacted through the telephone number 48 3431-9000; the electronic address contato@colorminas.com.br or directly at its headquarters, established at Rod. SC 443, Km 01, Bairro Getúlio Vargas, Içara/SC, CEP 88820-000.

2.2. The HOLDERS may contact the CONTROLLER, at any time, through the contacts cited in the preceding paragraph, to exercise the rights foreseen in the current legislation and in this policy.

2.3. When data sharing occurs, so that the processing is executed by a third party indicated by the CONTROLLER, the third party will be regarded as the OPERATOR, for the purposes of the provisions of the General Law on the Protection of Data.

2.4. In due time, the CONTROLLER will appoint the person in charge of data protection on its website, as guaranteed by article 41 of the General Law on the Protection of Data, who will act as a communication channel between the CONTROLLER and the HOLDERS and between the CONTROLLER and the National Authority.

3. OBLIGATIONS OF THE CONTROLLER AND OTHER OPERATORS

3.1. The CONTROLLER will provide its service within the standards of quality and safety applicable to works of this nature, whilst resorting to duly qualified personnel and taking responsibility for the faithful and exact fulfillment of the obligations established in this policy, in the Contract signed between the parties, if so is the case, and in the governing legislation.

3.2. The CONTROLLER will make its best efforts to protect the information, applying the necessary measures of administrative and technical protection available at the time and demanding, from its partners and suppliers, the same acceptable level of information security, based on best practices of the market, via contract clauses.

3.3. The third party, as the OPERATOR, must perform the processing in accordance with the instructions provided by the CONTROLLER, within the limits of the HOLDERS' consent, expressed through adherence to this policy and in full compliance with the governing legislation, in particular the General Law on the Protection of Data.

4. RIGHTS OF THE HOLDERS

4.1. Every natural person is guaranteed the ownership of their personal data and the fundamental rights of freedom, intimacy, and privacy, under the provisions of the Federal Constitution of 1988 and the General Law on the Protection of Data.

4.2. Pursuant to article 18 of the General Law on the Protection of Data, the HOLDERS are entitled to obtain, from the CONTROLLER, in relation to the processed data, at any time and upon request:

a) confirmation of the existence of processing;
b) access to the data;
c) correction of incomplete, inaccurate or outdated data;
d) anonymization, blocking or deletion of data that is unnecessary, excessive or processed in violation of the provisions of the General Law on the Protection of Data or this policy;
e) portability of the data to another service provider, upon express request and in observance of trade and industrial secrets, in accordance with legal provisions and with exception of data which have already been anonymized by the CONTROLLER;
f) deletion of personal data from the data processed with the consent of the HOLDERS, except in the cases foreseen in article 16 of the General Law on the Protection of Data;
g) information on the possibility of not providing consent and on the consequences of denial, among which the impossibility of accessing some features or content of the website is highlighted;
h) revocation of consent, pursuant to §5, article 8, of the General Law on the Protection of Data.

4.3. The HOLDERS have the right to petition in relation to their data, against the CONTROLLER, before the National Authority, and resort to legal means to enforce this instrument and the governing legislation.

4.4. The HOLDERS may object to the processing executed in disagreement with the General Law on the Protection of Data or with this policy, upon express request to the CONTROLLER.

4.4.1. The request will be met, at no cost to the HOLDERS, within 15 (fifteen) days, safe for another legal term, and under the provisions established in this policy and in the legal norms.

4.4.2. Should the request be aimed at correcting, deleting, anonymizing or blocking the data, in the event the same having been shared with a third party, the CONTROLLER will inform said third party at once, so that the request of the HOLDERS is fulfilled.

4.5. Pursuant to § 4 of art. 18 of the General Law on the Protection of Data, in case of impossibility of immediate adoption of the measures referred to in the previous item, the CONTROLLER will send a reply to the HOLDERS, where the CONTROLLER may (i) communicate that the CONTROLLER is not a processing agent (CONTROLLER or OPERATOR) of the data and indicate, whenever possible, the actual responsible party; or, (ii) indicate the factual or legal reasons that prevent the immediate adoption of the measure.

5. FINAL PROVISIONS

5.1. The HOLDERS confirm the veracity of the data informed at the time of registration, under penalty of civil and criminal liability.

5.2. The CONTROLLER reserves the right to modify this instrument in any of its provisions, including without prior notification, except in the cases required by law.

5.3. As of this moment, the HOLDERS manifest their express consent for the information and rights derived from this instrument to be transferred to third parties, as a result of sale, acquisition, merger, corporate reorganization or any other change in the control of the CONTROLLER, provided that they are used for the same purpose described in the service agreement and in this policy.

5.4. For all purposes, the communications made by the CONTROLLER through the registration data informed by the HOLDERS will be deemed valid.

5.4.1. It is incumbent to the HOLDERS to proceed with incidental updates in their registration data.

5.5. Should any provision of this instrument be considered illegal, void or impracticable for any reason, the other provisions will not be affected and will remain valid and applicable.

5.6. Any failure of the CONTROLLER to enforce or exercise any provision of this instrument or associated rights does not comprise waiver of that right or provision.

5.7. The tolerance of one party towards the other party in regard of breach of any of the obligations undertaken in this contract will not imply novation or waiver of rights. At any time, the tolerant party may demand, from the other party, the faithful and utter compliance with this policy.

5.8. The CONTROLLER will keep the entirety of this policy available for consultation on the website of the CONTROLLER.

5.8.1 Doubts in connection with this policy may be resolved by the CONTROLLER's secretariat, through the channels mentioned in item 2.1.

5.9. This policy will remain in force while the effects derived from adherence to the same last.

5.10. This instrument will be governed by Brazilian law.

5.11. The parties elect the jurisdiction of the Judicial District of Içara/SC to resolve any doubts in result of application of this instrument, and expressly waive any other jurisdiction, no matter how privileged it may be.

Içara, the 16th of June of 2021.

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