FRST – Falconi Road of Skills and Talents Treinamento e Desenvolvimento de Pessoas Ltda, registered with CNPJ/MF under no. 34.639.121/0001-08, and headquartered at Av. Presidente Juscelino Kubitschek, nº 1.327, 17º andar, Itaim Bibi, Sao Paulo-SP.
This PRIVACY AND DATA PROTECTION POLICY (“DATA POLICY”) regulates the data processing of any individual (“HOLDER”) interested in using the contents and services offered by FRST – Falconi Road of Skills and Talents Treinamento e Desenvolvimento de Pessoas Ltda (“FRST FALCONI”) on its FRST platform Falconi Road of Skills and Talents (“FRST”).
For the purposes of this DATA POLICY, in addition to those contained in this instrument, the definitions established in the FRST TERMS AND CONDITIONS OF USE are adopted.
When making its first access on the FRST home page with provisional login and password sent by the MANAGER via email, the HOLDER expresses his full and unreserved acceptance of all clauses and items of this DATA POLICY.
The consent of the HOLDER for the PROCESSING of his PERSONAL DATA under the terms provided for in this DATA POLICY is a condition for the use of FRST services, so that the revocation of consent will result in the exclusion of the HOLDER’s registration, with the consequent anonymization of his DATA PERSONNEL from the FRST FALCONI database.
- LAW no. 13.709/2018 (GENERAL DATA PROTECTION LAW – GDPL):
1.1. This DATA POLICY aims to protect the HOLDER’S PERSONAL DATA, and was prepared in accordance with the general provisions of Law no. 13.709, of August 14, 2018 (General Data Protection Law), hereinafter simply called “GDPL”.
2.1. The GDPL has a total of 19 (nineteen) definitions, worth mentioning the following for the purposes of this DATA POLICY:
- “PERSONAL DATA” means any information related to the identified or identifiable natural person.
- “PROCESSING” means any operation performed with personal data, such as those relating to the collection, production, reception, classification, use, access, reproduction, transmission, distribution, processing, filing, storage, disposal, evaluation or control of information, modification , communication, transfer, diffusion or extraction.
- “CONTROLLER” means the person who is responsible for decisions regarding the processing of personal data.
- PRINCIPLES RELATED TO DATA PROCESSING:
3.1. The GDPL determines that PERSONAL DATA PROCESSING activities observe good faith and the following principles:
- Purpose: carrying out the PROCESSING for legitimate, specific, explicit and informed purposes to the holder, without the possibility of further PROCESSING in a manner incompatible with those purposes;
- Adequacy: compatibility of the PROCESSING with the purposes informed to the holder, according to the context of the PROCESSING;
- Necessity: limitation of the PROCESSING to the minimum necessary for the realization of its purposes, with the scope of the relevant data, proportional and not excessive in relation to the purposes of the data PROCESSING;
- Free access: guarantee, to the holders, free and easy consultation on the form and duration of the PROCESSING, as well as on the completeness of their PERSONAL DATA;
- Data quality: guarantee, to the holders, of accuracy, clarity, relevance and updating of the data, according to the need and for the fulfillment of the purpose of their PROCESSING;
- Transparency: guaranteeing holders clear, accurate and easily accessible information on the realization of the PROCESSING and the respective PROCESSING agents, observing commercial and industrial secrets;
- Security: use of technical and administrative measures capable of protecting PERSONAL DATA from unauthorized access and accidental or unlawful situations of destruction, loss, alteration, communication or dissemination;
- Prevention: adoption of measures to prevent the occurrence of damages due to the PERSONAL DATA PROCESSING;
- Non-discrimination: impossibility of carrying out the PROCESSING for illegal or abusive discriminatory purposes; and
- Accountability: demonstration, by the agent, of the adoption of effective measures capable of proving the observance and compliance with the rules of protection of PERSONAL DATA and, even, of the effectiveness of these measures.
3.2. FRST FALCONI shall take the best efforts to ensure that the HOLDER’S PERSONAL DATA PROCESSING is carried out in accordance with all the principles mentioned in Clause 3.1 above, both in the procedures currently adopted by the company, and as part of the introduction of new PROCESSING methods of data.
- THE HOLDER’S CONSENT TO DATA PROCESSING:
4.1. When making his first access on the FRST home page with provisional login and password sent by the MANAGER via email, the HOLDER declares himself aware of the information and PERSONAL DATA collected, expressing his free, express and informed consent regarding the collection, use , disclosure and any other forms of PROCESSING of their PERSONAL DATA, as established in this DATA POLICY.
4.2. Notwithstanding the provisions of Clause 4.1 above, FRST FALCONI may process the HOLDER’S PERSONAL DATA, regardless of his consent, in the following cases:
- For the fulfillment of legal or regulatory obligation by the CONTROLLER;
- When necessary for the execution of a contract or preliminary procedures related to a contract to which the HOLDER is a party, at the request of the holder;
- For the regular exercise of rights in judicial, administrative or arbitral proceedings, the latter under the terms of Law no. 9.307/1996 (Arbitration Law);
- For the protection of life or physical safety of the HOLDER or third party;
- For the protection of health, in a procedure performed by health professionals or by health entities;
- When necessary to meet the legitimate interests of the CONTROLLER or third party, included in such cases the actions necessary to support and promote the activities of FRST FALCONI, pursuant to art. 10, I, of the GDPL; or
- For credit protection.
4.3. FRST FALCONI undertakes to observe, in the PERSONAL DATA PROCESSING of the HOLDER, the legal regime for the protection of personal data in force in the country, endeavoring to:
- Treat the PERSONAL DATA provided by the HOLDER in legally permitted terms, only in cases where the HOLDER has given prior and express consent for this or in the other cases provided for by law or in this DATA POLICY;
- Treat PERSONAL DATA in a manner compatible with the purposes for which they were collected; and
- Keep personal data only for as long as necessary to achieve the specified purposes, guaranteeing its confidentiality.
- HOLDER’S RIGHTS:
5.1. The HOLDER is entitled to obtain from FRST FALCONI, in relation to PERSONAL DATA by them treated, at any time and upon request:
- Confirmation of the existence of PROCESSING;
- Access to PERSONAL DATA;
- Correction of incomplete, inaccurate or outdated data;
- Anonymization of unnecessary, excessive or treated data in non-compliance with the provisions of the GDPL;
- Portability of data to another service or product supplier, upon express request and observing commercial and industrial secrets;
- Elimination of PERSONAL DATA treated with the consent of the holder, except in the cases provided for in Clause 10.3 below;
- Information from public and private entities with which the CONTROLLER has shared use of data;
- Information about the possibility of not giving consent and about the consequences of the refusal;
- Withdrawal of consent, pursuant to Clause 10.1 below.
5.2. The HOLDER shall have the right to easy access the information about the PROCESSING of his PERSONAL DATA, which must be made available in a clear, appropriate and ostensible manner regarding, among other characteristics:
- Specific purpose of the PROCESSING;
- PROCESSING form and duration, observing commercial and industrial secrets;
- CONTROLLER identification;
- CONTROLLER contact information;
- Information about the shared use of data by the CONTROLLER and the purpose;
- Responsibilities of the agents who will carry out the PROCESSING; and
- Holder rights.
5.3. The HOLDER will also have the right to request the review of decisions taken solely on the basis of automated PROCESSING of PERSONAL DATA affecting his interests, including decisions designed to define his personal, professional profile, or aspects of his personality.
5.3.1. In the event of a request for review, FRST FALCONI will provide, as far as possible, clear and appropriate information regarding the criteria and procedures used for automated decision, observing commercial and industrial secrets.
5.4. If the HOLDER wishes to exercise any of the rights provided for in this Fifth Clause, he must contact FRST FALCONI, using the contact information provided in Clause 12.1 of this DATA POLICY.
5.4.1. Upon receipt of the request, FRST FALCONI will use its best efforts to adopt the necessary measures within the deadlines indicated in the GDPL and other relevant rules.
5.4.2. If the HOLDER, despite the efforts of FRST FALCONI, is dissatisfied with the processing of the request, he may file a formal complaint with the National Data Protection Agency – ANPD, pursuant to art. 55-J, V, of the GDPL.
- DATA COLLECTED:
6.1. FRST FALCONI and affiliated companies and service providers acting on its behalf may collect PERSONAL DATA from the HOLDER as follows:
- Information related to registration at FRST: At the time of first access to FRST, the HOLDER must expressly consent to provide FRST FALCONI with various personal information, such as: (i) full name, (ii) CPF; (iii) e-mail, (iv) name of the company in which you work as an employee, (v) date of admission to said company, (vi) position you hold, and (vii) area in which you operate;
- Information related to research on commitment on the application or on the satisfaction of the HOLDER: The HOLDER may be asked to answer surveys on his commitment to the content offered or satisfaction promoted by FRST and, in doing so, must agree to the PROCESSING of the information provided in their answers;
- Information related to values and interests: The HOLDER may be asked to respond to surveys on his values and interests, promoted by FRST with the purpose of generating connections in the “FRST Interactive Community” that aims to create a network of discussion and exclusive events with leaders from all segments. In doing so, the HOLDER must agree to the PROCESSING of the information provided in his responses;
- Information related to accessing FRST: Upon accessing FRST, the HOLDER authorizes the automatic collection of information about the use of the platform, including, without limitation, activity monitoring, IP address, browser type, Internet service provider (ISP), reference / exit pages, operating system or device type, timestamps and related metadata, and for this purpose, standard technologies such as cookies, pixel tags, beacons and local shared objects can be used. To personalize its navigation, FRST FALCONI may install cookies on the HOLDER’s computer, characterized as alphanumeric identifiers transferred to the drive, in order to allow the recognition of the browser by the FRST FALCONI system; and
- Information related to the realization of the FRST modules: During the realization of the FRST modules, the HOLDER authorizes FRST FALCONI, or third parties indicated and authorized by them, to use and transmit, free of charge, for a period of 5 (five) years from the date of eventual presentation of a project carried out at FRST, in an exclusive, definitive, universal, irrevocable and irreversible manner, your image, the sound of their voice, biographical data provided, statements and other physical characteristics captured during the entire recording of the respective presentation.
- PURPOSE OF DATA PROCESSING:
7.1. FRST FALCONI may use the PERSONAL DATA collected for the following purposes:
- In the development modality called “Road of Skills Program”, to feed the artificial intelligence database used in FRST during the assessment stage, which consists of the assessment of the main characteristics and skills of each user;
- Draw a profile of the public that uses the FRST;
- Support to the HOLDER regarding the supply of products, content and services by FRST FALCONI;
- Perform an analysis of the performance of the USER-STUDENT during the realization of the modules, to identify extra content, interactions and connections that can improve the development of the skills of the USER-STUDENT;
- Improve the services, products and content offered by FRST FALCONI, with the development of internal statistical surveys;
- Publish aggregated user statistics and other information necessary to support and promote their activities;
- Analysis on the use of the FRST platform;
- Communication with the HOLDER, including the possibility of sending e-mails related to the provision of products, content and services by FRST FALCONI, affiliated companies and service providers, newsletters and other matters;
- Verification of the HOLDER’s eligibility to participate in other actions promoted by FRST FALCONI, affiliated companies and service providers;
- Debt collection, fraud prevention and integrity protection of FRST FALCONI credit systems, affiliated companies and service providers;
- Regular exercise of FRST FALCONI rights; and
- Perform any other purposes described at the time of collecting PERSONAL DATA.
- DATA SHARING WITH THIRD PARTIES:
8.1. FRST FALCONI may share the HOLDER’s personal data, as required or permitted by law, including the situations described below:
- FRST FALCONI affiliated companies and service providers: FRST FALCONI may disclose PERSONAL DATA to affiliated companies and partners, including, without limitation, service providers involved in operating its business, payment providers, email service providers , content distribution networks, cloud storage providers, analytical and professional companies such as accountants, lawyers and data operators;
- External partners: FRST FALCONI may disclose PERSONAL DATA to external partners, notably to FRST sponsors, in order to demonstrate the public profile and the performance of the brand and / or the products and content offered;
- Legal situations: FRST FALCONI may disclose PERSONAL DATA whenever it believes in good faith that (i) disclosure is required by investigation, court order, subpoena or any court order or request for cooperation from a law enforcement agency or other agency government regulator in Brazil and abroad; (ii) the disclosure is appropriate and necessary to report suspected crime or prevent damage; (iii) the disclosure is appropriate and necessary for the regular exercise of rights, property or security of FRST FALCONI or third parties; and (iv) disclosure is required by law.
- Transfer of assets from FRST FALCONI and affiliated companies: FRST FALCONI may disclose PERSONAL DATA between companies in the same economic group, as well as in the event of a merger, acquisition, sale or transfer of assets.
- Public disclosure: FRST FALCONI may publish aggregated user statistics and other information necessary to support and promote its activities.
8.2. FRST FALCONI shall ensure that any external partners or service providers contracted by it, which may have access to and carry out the PROCESSING OF THE HOLDER’S PERSONAL DATA, comply with the applicable legal provisions on the protection of personal data, not giving or disclosing such information to third parties, nor making use of them for any purposes other than those strictly permitted by the HOLDER.
8.3. FRST FALCONI is not responsible for: (i) damages resulting from the PROCESSING OF PERSONAL DATA that has been carried out in non-compliance with the instructions provided by the CONTROLLER; (ii) damages resulting from PROCESSING carried out under its responsibility, but without any violation of the GDPL; and (iii) damages resulting from the fault of the HOLDER or a third party.
- SECURITY MEASURES AND DATA CONFIDENTIALITY:
9.1. FRST FALCONI will adopt security, technical and administrative measures capable of protecting PERSONAL DATA from unauthorized access and from accidental or unlawful situations of destruction, loss, alteration, communication or any form of improper or unlawful PROCESSING.
9.2. All information or personal data provided by the HOLDER to FRST FALCONI will be stored in a private and secure environment, on servers or high security magnetic media, with the necessary technological structure based on hardware and software systems, controlled by a company specialized in systems auditing.
9.3. FRST FALCONI will keep a record of the PERSONAL DATA PROCESSING operations it carries out.
9.4. FRST FALCONI is not responsible for data obtained in other ways than those admitted by this DATA POLICY or data obtained by other service providers that are not previously authorized by FRST FALCONI itself.
9.5. The MANAGER will be responsible for the veracity and accuracy of the information related to the HOLDERS contained in the FRST FALCONI database, committing itself to update and validity thereof.
- TERMINATION OF DATA PROCESSING:
10.1. The HOLDER’s consent for the PROCESSING of PERSONAL DATA may be revoked at any time by expressly expressing it, the PROCESSINGS carried out under the terms of the previously expressed consent being ratified as long as there is no request for elimination.
10.1.1. The revocation of consent will result in the exclusion of the HOLDER’s registration, with the consequent anonymization of his PERSONAL DATA in the FRST FALCONI database, with no right to indemnity or reparation in this case.
10.2. The termination of the PERSONAL DATA PROCESSING will occur in the following cases:
- Verification that the purpose has been achieved or that the data are no longer necessary or relevant to achieve the specific purpose sought;
- End of the PROCESSING period;
- Communication by the HOLDER, including the exercise of his right to revoke consent; or
- Determination of the National Authority, when there is a violation of the provisions of the GDPL.
10.3. PERSONAL DATA will be deleted after the end of its PROCESSING, within the scope and technical limits of the activities, conservation is authorized for the following purposes:
- Compliance with legal or regulatory obligation by the CONTROLLER;
- Transfer to a third party, provided that the data PROCESSING requirements in the GDPL are respected; or
- Exclusive use of the CONTROLLER, access by a third party is prohibited, and provided the data is anonymized.
- DATA POLICY CHANGES:
11.1. FRST FALCONI may update this DATA POLICY at any time due to changes in the way PERSONAL DATA will be treated.
11.2. Any changes to the DATA POLICY will be communicated to the HOLDER through FRST, e-mail or other communication channels.
- DOUBTS AND QUESTIONS:
12.1. Any questions regarding this DATA POLICY may be submitted by the HOLDER through the email [email protected].