1. INFORMATION AND DEFINITIONS
ZACHCART Solutions values the privacy of its users and has prepared this Privacy Policy to demonstrate its commitment to protecting the personal data shared with us, in accordance with the terms of regulations on the subject. This document aims to describe the personal data collected, stored, and generally processed by Zachcart through the collection carried out through the Zachcart Platform, in addition to the security measures implemented to ensure the integrity and confidentiality of your information.
Zachcart adheres to the ZACHCART Solutions Code of Conduct, which reflects the company's mission, vision, and values. This code was developed to direct and highlight the organization's fundamental values since its foundation, with the aim of ensuring ethical and consistent conduct by all its employees.
Zachcart is located at 11512 Chateaubriand Ave, Orlando, Florida, ZIP Code 32836, email: support@zachcart.com.
DEFINITIONS
Logical Access: Refers to the use of a username (login) and password created for access to the Platform, after prior registration. Access is personal, non-transferable, and the responsibility of the User.
Database: Set of data collected on the Platform, including all transactions and communications carried out.
Registration: Process of entering data necessary for the creation of a Logical Access.
Access Account: Data registered on the Platform to enable Logical Access.
Cookies: Small files saved on the user's device to improve the experience on the Platform, including marketing, services, and statistical analysis. Also known as browsing trackers.
User: Natural persons who use the Platform, including administrators or users with access granted by the administrator, over 18 years of age or emancipated, and fully capable.
Commercial Establishment: Companies that use the Zachcart Platform, which may be referred to as Company.
Commercial Establishment Representative: Owner or legal representative of the company, or person designated by them.
Agencies: Third parties hired by the Commercial Establishment, with access to the Platform for monitoring results or other services, such as advertising agencies. Third-party access is exclusively authorized by the master administrator user.
Personal Data: Information provided by users and/or collected by Zachcart and its affiliates, which identifies or allows the identification of an individual, or derives contact information. Includes data in any media or format.
Purpose: Objective or purpose of personal data processing by Zachcart.
Necessity: Justification for collecting specific personal data by Zachcart, to achieve an informed Purpose.
Legal Bases: Conditions under which the processing of personal data is authorized.
Consent: Express authorization from the user for the processing of their personal data by Zachcart, for a specific purpose.
This Policy applies to all users and potential users of the Zachcart Platform, administered by Zachcart, detailing how Zachcart may process the personal data collected, in compliance with applicable privacy and data protection laws.
By accessing and/or using the Zachcart Platform, the user affirms to be at least 18 years old and have full legal capacity, accepting the terms of this Privacy Policy.
Users who do not meet the above criteria or disagree, even partially, with the terms of this Policy, should not access or use Zachcart's services.
Important: This Policy refers exclusively to the Zachcart Platform, developed by Zachcart. It does not apply to other applications, systems, IT infrastructure, or data networks.
This Policy binds Users to Zachcart, who must be aware of all its provisions.
2. OBJECTIVE OF THE PRIVACY POLICY
A Privacy Policy presents a set of decisions that are arranged to show Data Subjects how their data is collected and processed, always prioritizing security and in compliance with legal provisions.
In summary, the Privacy Policy aims to provide transparency regarding the collection and use of the Data Subject's data, such as:
- The nature of personal data that is collected for use on the Platform developed by Zachcart;
- The purpose of collecting personal data and the third parties involved in the supply chain of goods and services;
- How the Data Subject can manage their information, including, if decided, how to delete their personal data;
- Clearly state the reasons why data is collected, how it is stored, and what measures are taken to protect the data of Data Subjects.
It is important to highlight that the personal data of Employees of commercial establishments that use the Zachcart Platform are subject to decisions made by their respective Contractors/Employers, and Zachcart does not have autonomy or management over the completeness of this information, only over the data registered for use on the Platform.
Our Platform is developed in compliance with the General Data Protection Law, thus, we comply with the requirements of purpose, necessity, transparency, security, prevention, non-discrimination, data quality, adequacy, free access, and accountability.
3. USE OF THE ZACHCART PLATFORM
To use the Zachcart Platform, it is necessary for the user to register and agree to this Privacy Policy by checking the "I Agree" field at the end of this document. It is important to highlight that, due to the responsibilities involved, the use of this platform is intended exclusively for adults. Therefore, if you have not yet reached 18 years of age, request supervision from one of your parents or legal guardian during your registration, if applicable.
By agreeing to this Privacy Policy, the user expressly, freely, informedly, and unequivocally authorizes Zachcart to collect and process their personal data provided during registration, as well as to share it with partner service providers.
4. COLLECTION AND USE OF PERSONAL INFORMATION
The user is aware that, when accessing the Zachcart Platform, they may provide information through interaction with the features made available by the company. The data collected and, in general, processed by Zachcart, is used specifically for the purposes described in this document and can only be shared under the conditions listed in the subsequent items. The processing of collected data occurs as follows:
Registration and Use of the Platform
To use the ZACHCART Platform, it is mandatory for the user to register. The registration is personal and linked to the email account to avoid user duplication.
The person responsible for the establishment, when using the Zachcart Platform, can release access to the platform for other users, such as employees, trainees, managers, among others. There is a Master administrator by default, created at the time of establishment registration, who can later grant access to other users.
It is the responsibility of the Commercial Establishment representative to inform their collaborators, employees, managers, trainees, and any other users who have access to the platform about the processing of their personal data by the Commercial Establishment for use of the Platform, as well as about this Privacy Policy.
The personal data collected, the purposes of collection, and the categories of data subjects include:
Personal Data: Name, email and telephone number.
Purpose of Data Collection: Contact the person responsible for the establishment if the onboarding process is not completed. Contact the User for clarifications and support. Identify Users within a hierarchy in the system. Enable User registration and creation of login and password. Provide User support service.
Category of Data Subjects: Legal representatives of the Commercial Establishment. User representatives of agencies. Employees, collaborators, trainees, and managers of the Commercial Establishment.
Platform Behavior and Indicators: Last access to the platform through the user session; Log records; Device time zone; User device settings, including operating system version, device model, application and software version, screen and status bar dimensions, among others; Data about behavior on the platform, such as whether it is in the foreground or background.
Cookies: Functionality - To store previously provided data, aiming to improve the user's browsing experience; Marketing: To send communications to data subjects and direct campaigns and actions according to their interests; Analysis: To improve website content, providing information about its use, in order to enhance the user experience. It automatically collects certain personal data to identify, for example, the frequency of visits to a particular page.
5. WHAT TYPE OF DATA WE DO NOT COLLECT
Sensitive Data
Under no circumstances do we carry out processing activities involving sensitive data. For your information, sensitive data is considered to be that related to racial or ethnic origin, religious belief, political opinion, union membership or membership in religious, philosophical or political organizations, data concerning health or sex life, genetic or biometric data, when linked to a natural person.
Data of Children and Adolescents
The information made available on Zachcart's digital channels is not directed at children and adolescents. Moreover, a requirement for our selection processes for new employees is that candidates are of legal age and fully capable. Therefore, we do not, under any circumstances, collect or process personal data of children and adolescents.
6. SHARING AND PROCESSING OF PERSONAL DATA
We have developed the entire platform based on security principles (security by design) with the aim of ensuring the protection of personal data (privacy by default and privacy by design). Thus, we prioritize maintaining the confidentiality of users' personal data, which is a priority in our business.
Zachcart does not promote data sharing with third parties. We are committed to not disclosing, sharing, giving access, facilitating access, renting, selling, exchanging, or making such information available in any other way to third parties outside our production chain, under any pretext, except in cases expressly authorized or when provided by law.
In case of sharing with third parties, this will only occur in the following situations, within the limits required and authorized by law, and always when compatible with the initial purposes for which the information was collected or related to these purposes:
With companies and individuals hired to perform activities and services on behalf of Zachcart; With Zachcart group companies, if you have authorized Zachcart to maintain regular communication with you. This authorization extends to all companies in the economic group; For administrative purposes, such as research, planning, service development, security, and risk management; With public bodies and government authorities, in the following circumstances: (i) as a result of a court order or at the request of a competent administrative authority; (ii) to take legal, judicial or administrative measures, with the aim of defending Zachcart's legitimate rights, always respecting the provisions of this Privacy Policy; With buyers of companies and/or assets, in cases of corporate changes, mergers or acquisitions involving Zachcart, where the transfer is necessary for the continuity of services.
In cases of sharing personal data with third parties, all mentioned subjects must use the shared personal data responsibly and in accordance with the purposes for which they were collected (or as previously consented to by the user), following the provisions of this Privacy Policy, other website or country privacy statements, and applicable privacy and data protection laws.
7. LEGAL REASONS FOR DISCLOSURE OF YOUR DATA
As mentioned earlier, Zachcart may disclose personal data, to the extent necessary or appropriate, to government agencies, consultants, and other third parties in order to comply with applicable legislation, a court order or subpoena, or if it believes in good faith that such action is necessary to:
Investigate, prevent, or take action regarding suspected or actual illegal activities, or to cooperate with public bodies or to protect national security; The execution of contracts; Investigate and defend against third-party claims or allegations, depending on the context of those claims or allegations; Protect the security or integrity of services; Exercise or protect the rights, property, and safety of Zachcart and its affiliated companies; Credit protection.
Zachcart will inform the respective users about any legal demands that result in the disclosure of personal information, as described in this item, unless such notification is prohibited by law, prevented by court order, or if the request is emergency. If Zachcart considers that the requests are excessive, vague, or made by incompetent authorities, it will refuse to provide the requested information and may contest such demands.
8. SECURITY OF PERSONAL INFORMATION
We adopt usual practices for data collection, storage, and processing, as well as security measures, to protect your personal information against unauthorized access, alteration, disclosure, or destruction. Personal data is stored in Zachcart's database or in the databases of service providers contracted by Zachcart. We employ reasonable market efforts to preserve the security of your personal data and ensure the confidentiality and integrity of your information, aiming to prevent damage resulting from the processing of this data.
Implemented security measures include the installation of firewalls against unauthorized access to the database, strict access control, information classification, hierarchy levels, daily database backups, and constant training of our employees on our information security and privacy and data protection policies, seeking to prevent any type of damage to information, whether by loss, alteration, or leakage.
Zachcart does not send messages requesting personal data, passwords, or financial data from the user, attached files, download links, or credit card data. If you receive an email with these characteristics, ignore it and contact us.
However, it's important to note that no security measure is perfect or impenetrable. Despite our efforts and those of contracted suppliers to maintain the security of your personal data, this information may be intercepted, stolen, hacked, or improperly accessed, without indicating a fault on our part.
On the other hand, we are committed to informing you about any event of violation, alteration, invasion, or similar related to personal data processed by us, including the extent of these violations, the impacted data, our strategies for solving or mitigating the effects of this event, and other relevant information.
We never request your password outside the Platform or by any means of communication. The password is for exclusive use to access your account, being personal and non-transferable. We recommend immediate password replacement if you suspect it has been exposed to third parties.
On the other hand, we reserve the obligation to, in the event of any violation, alteration, invasion or similar event related to the personal data processed by us, inform you of the extent of these violations, which data was impacted, what are our strategies for solving or mitigating the effects resulting from this event, and other information that may be relevant.
We never ask you to inform us of your password, whether inside or outside the Platform and regardless of the means of communication. The password should be used exclusively when accessing your Account; it is personal and non-transferable. If you suspect that your password has been exposed to third parties, we recommend immediate password replacement."
9. DATA RETENTION PERIOD
Zachcart retains the personal data provided by you, through interaction on the Zachcart Platform, only for the time necessary to meet the purposes of the activities and the processing of personal data. You can request the deletion of personal data at any time, if they have been processed based on your consent. We will attend to this request as soon as possible.
As long as the user remains active in using the resources available through the Platform developed by Zachcart, all data will be mandatorily stored, in compliance with the various applicable laws, ensuring that interested parties achieve their expectations when using all available resources.
Some data is processed not only to enable our services or improve the user experience but also due to legal obligations, such as:
- Access log data, activities performed, date and time of access, and connection address (IP) will be kept for 6 (six) months.
In addition, some data is retained for the regular exercise of rights in judicial, administrative, and arbitration proceedings, and may be archived for a period of 5 (five) years, starting from the end of use of the Zachcart Platform by the commercial establishment.
Given this, Zachcart may deny the request to delete information, keeping your personal data in our databases and systems for specific periods defined by law or by a competent authority. Therefore, even if you request deletion, this deletion may not be effective. Finally, it is up to the master administrator to request the deactivation of any access granted by them.
10. LEGAL BASES FOR PROCESSING
Zachcart processes Personal Data only when there is a legal basis defined in the General Data Protection Law that justifies the mentioned activity. All data provided by you or collected by us through the Zachcart Platform are supported by legislation, for collection, classification, use, access, reproduction, transmission, distribution, processing, filing, storage, elimination, evaluation, or other forms of processing activities.
Legais bases include, but are not limited to, your consent; the execution of contracts and preliminary procedures related to a contract of which you, the user, are or may become a party; Zachcart's legitimate interests, provided that such processing does not violate your rights and freedoms; compliance with legal obligations; credit protection, and the regular exercise of rights in judicial, administrative, or arbitration proceedings.
When the legal basis for processing is consent, you have the right to refuse to provide the information or withdraw the consent previously given to Zachcart. In cases of refusal or revocation of consent, Zachcart may terminate the provision of its services or restrict some functionalities.
If you have questions about the justifications for collecting, processing, and storing your personal data and other information regarding privacy and protection of personal data, contact Zachcart via email at support@zachcart.com.
11. YOUR RIGHTS
Regarding the data collected and processed by us, you can exercise the following rights:
- Confirmation of the existence of processing of your personal data, with an indication, whenever possible, of how the data is processed and the purposes of the processing. You can also request access to your personal data.
- Correction of personal data that may be incomplete, inaccurate, or outdated.
- Anonymization, blocking, or elimination of unnecessary, excessive personal data or data eventually processed in non-compliance with the legislation.
- Revocation, at any time, of the consent given by you for the processing of specific personal data, whose processing is authorized by this legal basis, and you may also request the deletion of this data, which will be complied with, as long as there is no legal determination to keep them or another legal basis that supports the non-deletion of the data.
- Portability of your personal data, except for personal data that has already been anonymized. This portability can be in printed form or electronic means, as the holder sees fit.
- Information about public or private entities with which personal data is shared.
- Information about the possibility of not providing consent and what are the consequences of eventual refusal.
In cases of impossibility of providing information, due to industrial or commercial secrecy or other exceptions, you will be informed about this situation, with a clear justification about the reasons why your request will not be met.
The User can make the requests listed above by contacting through the email support@zachcart.com, and these requests will be considered in accordance with applicable laws.
12. WHERE YOUR DATA IS STORED
Zachcart stores the collected data on third-party servers, located in the US and Brazil. All reasonable market efforts are employed to preserve the security of this data.
13. LINKS TO THIRD PARTIES
On the Zachcart Platform, there may be links to other websites and applications. This does not imply endorsement or responsibility of Zachcart for events occurring outside its domains. It is important to be aware that, when accessing these links, you will be subject to the terms of use and privacy policies of these external websites, applications, and platforms.
14. DISCLAIMERS
Zachcart will not be responsible for:
- Any errors or inconsistencies in data transmission through the network, as well as issues related to the quality or availability of internet connection that prevent the adequate receipt of information;
- Outdated, incomplete, or untrue data provided by you;
- Access granted to third parties by the master administrator user.
15. SCOPE OF THE POLICY AND APPLICABLE LAW
This Policy regulates the relationship between Zachcart and users who access the Platform, regarding privacy and protection of personal data. The applicable legislation and regulations will always be those of the U.S.
16. REVIEW AND APPROVAL OF THE POLICY
This Privacy Policy is subject to constant changes, aiming to adapt to new privacy and personal data protection scenarios, without the need for prior notice to users. Any new features added to the Zachcart Application will also be subject to this Privacy Policy and other related documents.
It is recommended to revisit this document periodically to stay updated on changes. The dates of the latest modifications are always presented at the beginning and end of the document. The absence of change in the date indicates that the terms and conditions remain unchanged.
17. MEDIATION AND CHOICE OF FORUM
You acknowledge and agree to the election of the forum of the district of Orlando, state of Florida, to resolve any dispute related to this Privacy Policy. This clause does not apply to complaints from users considered consumers by legislation, who can submit their complaints in the forum of their domicile.