This Privacy Notice explains how personal data (“Data”) provided by you to – and collected by – Gift Consult (“we”, “us”, “our”, or the “Company”) will be handled in compliance with the Brazilian Data Protection Law (“Lei Geral de Proteção de Dados Pessoais”, law n. 13709 of August, 14th, 2018 and any other amendments, hereinafter “LGPD”). We are committed to protecting and respecting your privacy.
1. WHAT DATA WE COLLECT
Ordinarily, we collect directly by you the following categories of Data:
a. identification, contact or professional Data provided by you in order to receive a specific service or as part of business relationship with us
b. browsing Data or data arising from your interaction with our website
c. cookies and web tracking systems
In some cases, we may collect these categories of Data from a third party or from public records. We protect Data obtained from such third parties according to the practices described in this Privacy Notice.
2. FOR WHAT PURPOSES WE USE DATA
Data collected may be processed by us for the following purposes:
i. Performing contract and/or service agreement in order to fulfil our contractual obligation;
ii. Pursuing our interest to establish, maintain and improve our relationship with you, as well as the quality of our products and services also through market researches or surveys on customers satisfaction;
iii. Sending commercial communications and newsletters as well as advertising on our products and services. All these activities could be done in hardcopy, by automated or electronic means including via mail or e-mail, phone (e.g. automated phone calls, SMS, MMS, fax) and any other means (e.g. web sites, mobile apps);
iv. Communicating the Data to our subsidiaries and affiliates as well as our authorized dealer and distributor network. Such partners will process Data with the purpose of sending commercial communications as well as advertising on their products and services.
Data is collected and processed on the basis of the contract for the processing under point (i) and our legitimate interest for the processing under points (iii), (iii) and (iv).
Data may be processed electronically, within IT systems, and manually, in paper form. Data will be processed and stored for its whole lifecycle, ensuring security and confidentiality of the same in compliance with principles of fairness, lawfulness and transparency and in accordance with the provisions of LGPD.
3. CONSEQUENCES OF FAILURE TO PROVIDE DATA
You have choices about the data we collect. Thus, when you are asked to provide Data, you may decline. However, if you choose not to provide Data necessary to have a product or service, you may not be able to have required product or service. On the other hand, not providing Data whose provision is marked as optional will allow you to access the service or to receive the product in any event.
4. WITH WHOM WE SHARE DATA
We are part of the CNH Industrial Group, a global leader in the capital goods sector. Data may be shared and communicated to our subsidiaries and affiliates of the CNH Industrial Group, trusted external parties, service providers, authorized dealers and distributors and business partners, based in and outside Brazil, which are under specific contractual obligation and may use it solely for the fulfillment of the purposes listed above.
Data may be communicated to third parties also to comply with legal obligations, to operate and maintain our and the CNH Industrial Group security, protect our and the CNH Industrial Group rights or property, to respond to order of Public Authorities or to exercise our rights before judicial authorities.
5. HOW WE TRANSFER DATA TO THIRD COUNTRIES
In order to perform Data processing activities as detailed above, we may transfer Data in countries outside of Brazil, including storing such Data in digital or physical databases managed by entities acting on our behalf. Database management and Data processing are limited to the purposes of the processing and are carried out according to applicable data protection laws and regulations.
In case Data are transferred outside of our territory, the Company will use any appropriate contractual measures to guarantee adequate protection of the Data.
6. RETENTION OF PERSONAL DATA
We maintain Data in our systems and archives for as long as necessary to pursue the purposes described in this Privacy Notice taking into account the applicable legal and contractual requirements.
When Data is no longer necessary for the purposes for which it is processed, Data is deleted or kept in a form which does not permit the identification of data subjects, provided that we are not legally required or permitted to hold such Data. We may continue to store Data for a longer period, as may be necessary to protect our interests related to potential liability connected to the provision of the services or products or the processing of Data.
7. DATA CONTROLLER
Gift Consult with corporate office in Curitiba is the Controller for the Data it collects, processes and stores in the framework of this Privacy Notice
8. YOUR RIGHTS REGARDING YOUR DATA
You may exercise your rights as defined by LGPD, among these:
• Right of access or confirmation of existence of the Data: right to obtain from the Controller a confirmation as to whether your personal information is being processed and information about public and private entities with which the Data are shared, and, if so, to demand to gain access to your Data.
• Right to correction: right to obtain from the Controller the correction of incomplete, inaccurate or out-of-date Data
• Right to anonymization, blocking or deletion: right to obtain from the Controller to anonymize, block or delete of unnecessary or excessive Data or Data processed in noncompliance with the provision of the LGPD. The Controller shall immediately inform the processing third parties with which she/he carried out the shared use of Data so that they can repeat an identical procedure.
• Right to data portability: right to receive the Data you provided to the Controller in a structured, commonly used and machine-readable format. You also have the right to transmit that Data to another data controller without hindrance from the Controller, especially following these conditions: the processing is based on consent or on a contract and the processing is carried out by automated means.
• Right to make a petition: without prejudice to any other administrative or judicial dispute, if you believe the data processing has been carried out illicitly or not compliant with LGPD, you have the right to raise a petition against the Controller before the National Authority.
You can exercise the abovementioned rights by contacting us as follows:
• Filling the online form you can find here [https://privacy.cnhindustrial.com/en-us/footer/Pages/form.aspx]. While using the online form, please select the option “LGPD” in the “Data Privacy Law” field
• Writing an email to firstname.lastname@example.org, if possible by attaching the standard form that you can download from here [http://www.cnhindustrial.com/en-us/footer/Pages/DSRDC.aspx ]
• Sending a letter to the Controller at the address indicated in the section 7 of this Privacy Notice, specifying “To the attention of Privacy Compliance”, if possible by attaching the standard form that you can download from here [http://www.cnhindustrial.com/en-us/footer/Pages/DSRDC.aspx ]
Should you send us a request, we may need to obtain additional personal information from you to verify your identity, hence we may contact you, if necessary. This information, together with other Data we already withhold, will then be processed to meet your request, as required by applicable law. Where necessary, certain information may be transferred to other companies within or outside the CNH Industrial Group that act as data processors of your Data, in order to meet your request. Your Data will be processed for the necessary amount of time to evaluate and handle your request, after which your Data will be archived for a suitable time period allowing us to demonstrate that the request has been handled correctly and timely.
9. UPDATES TO THIS PRIVACY NOTICE
This Privacy Notice was drafted in 31/10/2019. We reserve the right to amend or update the Privacy Notice from time to time to reflect changing legal requirements or our processing activities. We will publish any update on this website and it will be effective upon posting. We encourage you to periodically review this Privacy Notice to learn how we protect your Data.