Privacy Notice

 

MarGirius Privacy Notice
Last Update: September 27, 2022.

 

Hello! Welcome to MarGirius Continental Electric Controls Industry LTDA Portal.

Initially, we thank you very much for your visit! Please be aware that when you join our portal, you entrust us with your data and information. We are committed to maintaining that trust.

This privacy notice will explain to you, in a clear and accessible way, what will be your information and personal data collected, with whom it will be shared and in what locations it will be stored.

The DPONET, registered under the Corporate Tax ID no. 36.487.128/0001-79, was appointed as our data officer. Thus, it can perform all the functions and duties of the position, provided in the LGPD – Brazilian General Data Protection Law.

If you wish to exercise any of your rights, expressed in the LGPD, simply click on the Seal “Protected Personal Data” on our website and fill out the “Data Subject Request Form”.

By accessing and browsing our portal, you accept our Notice, being aware of and in full agreement with how we will use your information and your data.

MarGirius and its subsidiaries are committed to protecting your privacy. This Privacy Notice describes our practices in accordance with the privacy of information about Personal Data that we process through its individual use of the following related services, products and mobile applications:

If you do not wish to provide your profile data when you start using any of the Services, you may use the App without logging in or creating an account, and you can still use certain features such as searching and browsing any Services. At this time, we will not collect Personal Data about account or profile, and the collected data will be limited to those you have authorized to be collected for the purpose of using the additional functions of the App and/or Smart Devices, as well as corresponding usage information. However, if the Requested or Purchase Services are based on your account, please visit the registration/login page for guidance.

 

• Smart Link smart mobile app

Before using our Products, please read carefully this Notice and understand our purposes and practices of collecting and processing your Personal Data, including how we use, store, share and transfer Personal Data. On the Notice, you will also find ways to perform your rights to access, update, delete or protect your Personal Data.

When you accept the Notice and record your Personal Data, or if you begin to use our Products and do not expressly object to the content of it, we will consider that you fully understand and agree to the Notice.

For other branded mobile apps powered by MarGirius, our Customers control all Personal Data collected through our Products. We collect the information under the direction of our Customers and the processing of this information should be limited to the purpose of providing the service for which our Customers have hired us. If you are a customer of one of our Customers and would no longer like to be contacted by one of our Customers who use our service, please contact the Customer with whom you interact directly.

 

 

Definition

In this Notice, Processing of Personal Data means information generated, collected, recorded and/or stored, electronically or not, that may be used to identify an individual or reflect an individual’s activity, whether from that information, or from other information that we have access to that individual.

Sensitive Personal Data includes personal biometric information, communication and content records, health information, transaction information, and accurate location information.  Before we collect your sensitive personal data, we will generate an explicit notification for your consent.

Smart Devices refers to those computing devices produced or manufactured by hardware manufacturers, with human-machine interface and the ability to transmit data that connects wirelessly to a network, including smart appliances, smart wearable devices, smart air cleaning devices, etc.

The apps refer to mobile applications developed by MarGirius that provide end users with remote control for Smart Devices and with the ability to connect to the vendor’s IoT platform.

 

What personal data we collect

To provide our services to you, we will ask you to provide the necessary personal data for the provision of that service.  If you choose not to share the information, we may not be able to provide our products or services

 

1. Information you voluntarily provide to us

Account or profile data: When you register an account with us, we may collect your name and contact details, such as your email address, phone number, username, and login credentials. During your interaction with our Products, we may further collect your nickname, profile picture, country code, language preference or time zone information in your account.

If you authorize logging in to the Products with a third-party account, we will obtain third-party information from your account (such as portrait, nickname, region, gender, etc.) that may be linked to your MarGirius account for a quick login. We will ensure compliance with applicable data protection laws and regulations, as well as agreements, policies, notices or documentation agreed with such third parties regarding the sharing of personal information, in the processing of your Personal Data.

Feedback: By using feedback features and suggestions in our Products, we will collect your email address, mobile phone number and feedback content to resolve your issues and resolve device failures in a timely manner.

In order to provide you with more convenient and higher quality services with optimized user experiences, we may collect and use certain information if you agree to use additional functions in the App. Please note that if you do not provide such information, you may continue to use basic App services and connected smart devices, but certain features based on these additional functions may not be available. These additional functions may include:

 

1) Additional functions based on location information:

When you enable location-based functions through permission settings on your mobile device, we will collect and process your location information to enable these functions, such as pairing with your Smart Devices. In addition, we may collect accurate or non-accurate geolocation information in real time when you use certain Smart Devices or services, such as robot cleaner and weather service.

Based on your consent, when you enable the geofence feature, your location information will be generated and shared with Google Maps services. Please note that Google has corresponding data protection measures, which you can refer to in the Google Data Protection Terms for more details: https://privacy.google.com/businesses/gdprservices/. You may reject such use of your location information by managing the permission settings on the Services, about which we will no longer collect and use your location information.

 

2) Additional camera-based services:

You can use the camera to scan the code by connecting the camera permission to pair with a Smart Device, make video, etc. Please be aware that even if you have agreed to enable camera permission, we will only obtain information when you actively use the camera to scan code, video recording, etc.

 

3)Additional services for accessing and sending photos/videos based on photo albums (image library/video library):

You can use this function to upload your photos/videos after turning on the photo album permission, to perform functions such as changing the avatar, reporting device usage issues, providing photo proofs, etc. When you use the photos and other functions, we will not recognize this information; but when you report a device usage issue, we can use the photos you upload to locate your problem.

 

4) Additional services related to microphone-based service:

You can use the microphone to send voice information after turning on the microphone permission, such as recording videos, waking up the voice assistant, etc. For these functions, we will collect your voice information to recognize your command. Please be aware that even if you have agreed to enable microphone permission, we will only obtain voice information through the microphone when you voluntarily activate the microphone in the App.

 

5) Additional services based on storage permissions:

The goal is to ensure the stable operation of the App using the storage permission. After you give or indicate permission to read/record your mobile device storage, we will access images, files, crash log information, and other necessary information from your mobile device’s storage to provide functions, such as posting information, or record fault log information locally.

Please note that if you activate any permission, you authorize us to collect and use relevant personal information to provide you with corresponding services. Once you disconnect any permission, we will take it as cancellation of the authorization, and we will no longer continue to collect Personal Data based on the corresponding permissions, and related functions may be terminated. However, your decision to turn off the permission will not affect the previous collection and use of information based on your authorization.

 

2.Information we collect automatically

Device Information: When you interact with our Product, we automatically collect device information such as your devices’ MAC address, IP address, wireless connection information, operating system type and version, app version number, push notification identifier, log files, and mobile network information.

Usage Data: During your interaction with our Sites and Services, we automatically collect usage data related to visits, clicks, downloads, sent/received messages and other uses of our Sites and Services.

Registration information: When you use our application, the system and exception record can be loaded.

Please note that you cannot identify a specific individual using device information or registration information alone. However, if this type of non-personal information, combined with other information, will be used to identify a specific individual, that non-personal information will be treated as Personal Data. Unless we have obtained your consent or unless provided by data protection laws and regulations, we will anonymize and desensitize such non-personal information.

Location information: When you enable location-based functions through permission settings on your mobile device, we will collect and process your location information to enable certain functions, such as pairing with your Smart Devices. In addition, we may collect accurate or inaccurate geolocation information in real time when you use our specific products or services, such as Smart Link automations.

Based on your consent, when you enable the geofence feature on the Products, your location information will be generated and shared with Google Map services. Please note that Google has corresponding data protection measures, which you can refer to in the Google Data Protection Terms for more details: https://privacy.google.com/businesses/gdprservices/. You may reject such use of your location information by managing the permission settings on the Products, about which we will no longer collect and use your location information.

 

3. Information related to smart devices:

 

Basic smart device information: When you connect your Smart Devices with our Products or Services, we may collect basic information about your Smart Devices, such as device name, online status, device ID, activation time, firmware version, and update information.

Information Reported by Smart Devices: We may collect different information reported by your Smart Devices depending on the device you choose to connect to our Products or Services.

 

Purposes and legal basis for processing Personal Data

The purpose for which we may process information about you is as follows:

Provide you services: We process your account and profile data, device information, usage data, location information and information related to the smart device to provide you with our products and Services that you have requested or purchased. The legal basis for this processing is to perform our contract with you in accordance with our Terms of Use.

Improve our services: We process your device information, usage data, location information, and device-related information to ensure the functions and safety of our products, to develop and improve our products and services, to prevent and track fraudulent or inappropriate use, and to analyze the efficiency of our operations. The legal basis for this processing is to perform our contract with you in accordance with our Terms of Use.

Non-marketing communication: We process your personal data to send important information about the services, changes to our terms, conditions, policies, notices and/or other administrative information. We will also send notifications related to purchased services, such as alert services. You can check the “App Notification” in the App to manage these communications. When you decide not to enable the “Notifications” function, we will no longer process your information for that purpose. The legal basis for this processing is to perform our contract with you in accordance with our Terms of Use.

Marketing Communication: We may process your personal data to provide promotional and marketing materials for our services to you. Each communication will contain instructions that allow you to choose not to receive these kinds of communications in the future.

If you do not agree with the sending of MarGirius marketing communications, you may choose to change your preferences under “Privacy Settings” of the App or not to sign in to the App. The legal basis for such processing is your consent.

Personalization: We may process your account and profile data, usage data, device information to personalize the design of the product and provide you with personalized services, as well as recommend and display information and advertisements about appropriate products, and invite you to participate in surveys related to the use of our services.

If you do not agree with the sending of MarGirius marketing communications, you may choose to change your preferences under “Privacy Settings” of the App or not to sign in to the App. The legal basis for such processing is your consent.

Legal Compliance: We may process your personal data as we deem necessary or appropriate: (a) to comply with applicable laws and regulations; (b) To comply with the legal process; (c) to respond to requests from public and governmental authorities (d) to enforce our terms and conditions; (e) Protect our operations, business and systems; (f) Protect our rights, privacy, security or property and/or other users, including you; and (g) to allow us to seek available resources or limit the damages we may suffer.

If your attempts to process your personal information change, we will announce it by email and/or a prominent notice on our website about such changes in the intents and choices you may have regarding your personal information.

 

With whom do we share personal data?

We may share your Personal Data with the following recipients:

With our third-party service providers performing certain business functions for us, for example, website hosting, data analysis, credit card processing, infrastructure supply, IT services, customer support, email sending and other similar services to enable us to provide services.

To our customers and other business partners who directly or indirectly provide smart devices and/or their networks and systems through which you access and use the websites and our services.

To an affiliate or other third party in the event of a reorganization, merger, sale, joint venture, transfer, assignment or other provision of any or all part of our business, assets or shares (including but not limited to any bankruptcy or similar process). In this case, you will be notified by email and/or featured posted on our website about any changes to ownership, new incompatible uses of your personal data, you and the options you may have regarding your personal data.

We believe to be necessary or appropriate to: (a) comply with applicable laws and regulations; (b) Comply with the legal process; (c) respond to requests from public and governmental authorities, including public and governmental authorities outside your country of residence; (d) Enforce our terms and conditions; (e) Protect our operations, business and systems; (f) Protect the rights, privacy, security or property of ours and/or other users, including you; and (g) to enable us to seek available solutions or limit the damages we may incur.

To the subsidiaries or affiliates of our corporate family, to carry out regular business activities.

Except for the third parties described above, to third parties only with your consent.

 

International Transfer of Collected Information

 MarGirius will comply with the data location requirements applicable in jurisdictions corresponding to data storage. To facilitate our operations, we may process your personal data in jurisdictions other than where you live. The laws of these countries may differ from those applicable to your country of residence. In this case, we will ensure that the information is provided with an appropriate level of protection using one or more of the following approaches:

Agreement based on standard EU contractual clauses approved by GDPR Art. 46. For more information, check https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc_en.

If you would like more details about the protections we have in place, please contact us directly, as described in this Privacy Notice.

 

Your rights related to your personal data

 If you want to exercise any of your rights expressed in the Law, as well as ask questions regarding this documentation, just click on the Seal “Protected Personal Data” on our website and fill out the “Data Subject Service Form”.

Through the Seal, any interested party is directed to the Privacy&You Portal and can verify the authenticity of the company’s suitability to the LGPD, including, being able to verify: the latest review of its control mechanisms with the display of the date and time when the review was made; the company’s privacy policies and notices; the means of contact of data subjects; and the ANPD’s means of contact.

We will try to respond within 30 days and at no cost.

Please fill out the form on the website stating what information you want to be modified, whether you want your personal data to be removed from our database or what limits you would like to place on our use of your personal data. Please note that we may ask you to verify your identity before fulfilling your request for security reasons.

 

You can:

• Request access to the personal data we process about you;
• Request the correction of inaccurate or incomplete personal data about you;
• Request the deletion of personal data about you;
• Request restrictions temporarily or permanently in our processing of some or all of the personal data about you;
• Request the transfer of personal data to you or to third parties, where we process the data based on your consent or under a contract with you and where our processing is automated; and
• Refuse or oppose our use of personal data about you, whose use is based on your consent or our legitimate interests.

 

Withdrawal of consent: We will exercise your right of privacy to withdraw consent through the following approaches:

 

1. For privacy rights obtained through the device’s system settings device, your consent may be withdrawn by changing device permissions, including location, camera, photo album (photo/video gallery), microphone, Bluetooth settings, notifications, and other related functions;
2. In the marketing communications you accept, the information we send you contains instructions that allow you to withdraw your consent in accordance with the opt-out method described in the communication;
3. Unpair the smart device through the app and smart device information will not be collected;
4. When using the product in visitor mode, we will not collect any personal data about you;

When you withdraw your consent or authorization, we may not be able to continue to provide you with products or services. However, the withdrawal of your consent or authorization will not affect the processing of personal information based on your consent prior to withdrawal.

 

Safety

We use commercially reasonable physical, administrative and technical protections to maintain the integrity and security of your personal data. We provide security strategies to effectively ensure the security of user and device data. As for access to devices, they are used to ensuring data isolation, authenticate access, request permission. For data communication, communication uses secure algorithms and transport encryption protocols, and is supported for encryption of business-level information based on dynamic keys. In relation to data processing, the filtering and validation of all data applies. For data storage, all sensitive user information will be securely encrypted for storage. If you have reason to believe that your interaction with us is no longer secure (for example, if you believe that the security of any account you have with us has been compromised), you can notify us immediately by contacting our Privacy Service.

 

Data retention

We process your personal data for the minimum period necessary for the purposes set in this Privacy Notice, unless a specific legal obligation requires us to retain the data for longer. We determine the appropriate retention period based on the quantity, nature and sensitivity of your personal data and, at the end of the retention period, we destroy your personal data. If we are unable to do so for technical reasons, we will ensure that appropriate measures are taken to prevent further use of your personal data.

 

Children’s privacy

Protecting the privacy of young children is especially important to us. The Service is not intended for use by people under the age of 13 (or other age as required by applicable law in your country/region of residence) and we require that such people do not provide personal data. We do not knowingly collect personal data from minors under the age of thirteen (13) unless we first obtain parental consent or legal guardian of the child. If we become aware that we collect personal data from a person under the age of thirteen (13) without the consent of that child’s parent or legal guardian, we will remove that information.

 

Changes in this Privacy Notice

We can update this Privacy Notice. If we make changes, we will notify you by email (sent to the email address specified in your account) or through notifications in mobile apps in advance when the change takes effect. We recommend that you periodically review this page for the latest information about our privacy practices.

 

Contact us

 If you have any questions about our practices or this Privacy Notice, please contact us by simply clicking on the “Protected Personal Data” Seal on our website and filling out the “Data Subject Service Form”.

 

Our Address:

 

MarGirius Continental Electrical Control Industry LTDA

Vicente Zinni Avenue, 665 – Vila Nova – Porto Ferreira / SP – Phone: (19) 3589 – 5000

Corporate Tax ID: 61.093.001/0001.12

Website: https://www.margirius.com.br/