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PRIVACY POLICY
NEOWAY’S WEBSITE AND SIMM TOOL

Latest Update: November 12, 2018

Welcome! Thank you for trusting Neoway!

When you use our services, you trust us with your data and information. We are therefore committed to preserving your trust.

In this sense, this Privacy Policy (“Policy”) clearly and comprehensively explains how your information and data will be collected, used, shared and stored through our systems.

You accept our Policy whenever you access or use Neoway’s website or services. This will confirm that you are aware and in full agreement with how we use your information and personal data.

This Policy relates solely and exclusively to the data processed by Neoway. For the policies applicable to your personal data treated by third parties, we suggest that you visit their respective websites.

This policy refers both to the data we collect and treat of visitors to our site as to the data we collect and deal with the users of our SIMM tool. This Policy is divided as follows to facilitate understanding:

  1. What information Neoway collects
  2. How Neoway uses the collected information
  3. Rights regarding your information
  4. Privacy choices
  5. How, when, and with whom Neoway shares your information
  6. How Neoway protects your information
  7. Updates of this privacy policy
  8. Applicable law
  9. Privacy Shield Framework and IRM

This document should be read in conjunction with the contract we sign to make the SIMM platform available, if you are a user of that service (the “Agreement”). Should you have any questions or need to discuss any matter related to this Policy, please contact us at samanta.oliveira@neoway.com.br.

1. THE INFORMATION WE COLLECT

We collect the following types of information:

1.1 Information that you supply to us.

That includes:

  • Contact data on the website. If you contacted us through our website or requested a demo, you may provide your name, last name, phone number, email, the content of your message, the company you represent, your field of activity, your position, your company’s revenue and purpose of your business.
  • Social Media Data. If you contacted us through the Contact Forms on RD Station, Facebook Lead Ads Contact Forms, or LinkedIn Lead Ads Forms, from those platforms we collect your name, last name, email, phone number, company, field of activity, job title, your company’s average yearly revenue, purpose of your business and the content of your message. In addition, we monitor the users who visited Neoway’s website, but who did not complete a conversion action, thus we monitor information regarding performance of your company, such as impressions, clicks, pay-per-click, among others.
  • Registration data on the SIMM platform. When you register on the SIMM platform, we use the data you provided when you contacted us or requested a demo, as previously informed. We will use these data to create your profile on the platform.

1.2 Information generated when you use our services.

We collect the following types of information:

  • Log records. Neoway automatically collects login records to the application, which include your IP address, with date and time, used to access our website and SIMM platform. These data are compulsorily collected, pursuant to Law 12.9652014, but will only be shared with third parties with your express authorization or through legal action.
  • Usage data. We collect information about your interactions on our website and the SIMM platform, such as your browsing, the pages or other content you access or create, your searches and other actions.
  • Location data of the connected device. We collect location data from your connected devices, if you authorize it. Your permission to share your location may be revoked at any time.
  • Characteristics of your device. Like most applications, in order to work, Neoway automatically collects data on the characteristics of your device, including its operating system, version, language preference and token.
  • Communication with Neoway. When you communicate with Neoway, we collect information about your communication, including metadata such as date, IP and time of communication and all of its content, as well as any information you choose to provide.
  • Cookies and similar Technologies. We use cookies, which are text files generated and stored in your browser or device by websites, applications and online advertisements. Cookies may be used for the following purposes: remember your preferences and settings, understand your behavior and interests, direct our marketing and sharing campaigns, for such purposes, with RD Station and Google Analytics in the case of our website and Pendo in the case of the SIMM platform. We suggest that you contact the privacy policies provided by such third parties.

1.3 Information from other sources.

This may include:

  • Data collected from other platforms. As mentioned above, Neoway may interact with other platforms and other services, such as RD Station, Google Analytics and Pendo. Some of these services may provide information about you, which we will collect to provide you with a better experience and to improve our services and offer you new features. We intersect your interests and behavioral data provided or managed by such applications, and we may cross-reference such information with marketing campaign performance evaluations that we have initiated, for example, by analyzing clicks, cost per click, location, your type of device, and your gender and age, if you have provided them. In this case, we will respect your privacy settings and request authorization to collect such data.
  • Cookies and information about your browsing are sent to RD Station, Google Analytics and Pendo (see item 1.2 above), which are responsible for crossing and analyzing the data you supply us, under this Policy, for purposes of marketing direction and creation of behavioral profiles.

2. HOW WE USE YOUR INFORMATION

We should remind you that we truly care about your privacy. Therefore, all your data and information are treated as confidential, and we will only use them for the purposes described and authorized by you, mainly so that you can make full use of Neoway, always aiming to improve your experience as a user.

2.1 Authorized uses

This way, we will be able to use your data to:

  • Allow you to access and use all features of Neoway’s website and SIMM platform;
  • Send you messages about support or service, such as alerts, notifications, and updates;
  • Communicate with you about products, services, promotions, news, updates, events and other matters that may be of your interest;
  • Analyze user traffic in our applications;
  • Perform targeted advertising according to your tastes, interests and other information we collect;
  • Customize the service so that it is increasingly adapted to your tastes and interests;
  • Create new services, products and features;
  • For any purpose you authorize at the time of data collection;
  • Comply with legal obligations.

We may occasionally use data for purposes not contemplated in this privacy policy, but these will be within your legitimate expectations. The use of your data for purposes that do not comply with this prerogative will be done with your prior authorization.

2.2 Data deletion

All data collected will be deleted from our servers at your request or when they are no longer necessary or relevant to offer you our services, unless there is any other reason for their retention, such as a legal obligation to retain data or need of preservation of these for the protection of Neoway’s rights.

2.3 Monitoring

Neoway reserves the right to monitor the entire platform, primarily to ensure that the rules described in our Agreement are being observed, or also that there is no violation or abuse of applicable laws.

2.4 User Exclusion

Neoway reserves the right to exclude certain users, regardless of their type, should they not comply with this Policy or the Agreement.

3. RIGHTS REGARDING YOUR INFORMATION

You may request access to the information Neoway has collected from you under section 1 above. You may also request that Neoway updates any incorrect or incomplete information. You may also delete your account at any time. Furthermore, you may submit a request to exercise your rights available under applicable law at any time to Neoway’s DPA.

4. PRIVACY CHOICES

Neoway also provides you the option not to provide certain personal information that are not essential to the services. You can also choose to block cookies that collect personal information. This, however, may impact in the quality of the services you receive. For example, you may need to fill all your information when accessing our services. Most of these choices can be made in the SIMM platform; or you may choose to contact Neoway’s DPA.

Neoway offer individuals the opportunity to choose (opt out) whether their personal information is to be disclosed to a third party or to be used for a purpose that is materially different from the purpose(s) for which it was originally collected or subsequently authorized by the individuals. On those situations individuals can contact Neoway directly through our website, our DPA, US mail ( support@neoway.us ) or opt out links they received.

5. SHARING OF INFORMATION

The data that you provide us directly will not be shared with anyone, nor will they be used to compose our database.

All data, information and content about you may be considered assets in the case of negotiations to which Neoway is a party. Therefore, we reserve the right to, for example, include your data among the assets of the company if it is to be sold, acquired or merged with another company. By acceptance of this Policy, you agree and are aware of this possibility.

Neoway reserves the right to provide your information and personal data, including your interactions, if required by law, to comply with national laws or if you expressly authorize it. Thus, Neoway may be required to disclose your information and personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

If Neoway discloses your personal information to a third party (onward transfers), Neoway will remain responsible for the processing of your personal information, as provided for in the applicable legislation. Neoway’s third parties can be our clients which are any type of established organization, normally medium and big private companies. They can use our data for the meanings of finding new clients (BI) and valuating risks/compliance.

In some cases Neoway may transfer personal information to a third party acting as a controller, for that we comply with the Notice and Choice Principles. When we enter into a contract with the third-party controller, we make explicit that such data may only be processed for limited and specified purposes consistent with the consent provided by the individual and that the recipient will provide the same level of protection as the Principles and will notify the organization if it makes a determination that it can no longer meet this obligation. Our contracts obligate that when such a determination is made by Neoway, the third party controller ceases processing or takes other reasonable and appropriate steps to remediate, such as cancelling their right to use the data and taking legal measures if needed.

We comply that to transfer personal data to a third party acting as an agent, we must: (i) transfer such data only for limited and specified purposes, marketing intelligence and risk asset; (ii) ascertain that the agent is obligated to provide at least the same level of privacy protection as is required by the Principles, we explicit that inside our NDA and contract with the third party; (iii) take reasonable and appropriate steps to ensure that the agent effectively processes the personal information transferred in a manner consistent with the organization’s obligations under the Principles, our data use is tracked and followed up; (iv) require the agent to notify the organization if it makes a determination that it can no longer meet its obligation to provide the same level of protection as is required by the Principles, for that we have a clause on our contracts with third parties; (v) upon notice, including under (iv), take reasonable and appropriate steps to stop and remediate unauthorized processing, we can take legal measures on that case (vi) provide a summary or a representative copy of the relevant privacy provisions of its contract with that agent to the Department upon request, Neoway remains always on disposal of the Department for the needed legal actions.

6. SECURITY OF YOUR INFORMATION

All your data is confidential and only the people with the appropriate security clearances have access to it. Any use of these will comply with this Policy. Neoway will make reasonable efforts to ensure the security of our systems and data. Our servers are in different locations to ensure stability and security, and can only be accessed through previously authorized communication channels.

All your information will be, whenever possible, encrypted if it does not prevent its use by the platform. You may, at any time, request a copy of your data stored on our systems. We will keep the data and information only as long as it is necessary or relevant for the purposes described in this Policy or for periods pre-determined by law or until such time as is necessary to maintain Neoway’s legitimate interests.

Neoway considers your privacy to be extremely important and will do everything in its power to protect it. However, we cannot fully guarantee that all information and personal data on our platform will be free of unauthorized access, especially if there is undue sharing of the credentials required to access our application. Therefore, you are solely responsible for keeping your access password in a safe place and you may not share it with third parties. You agree to notify Neoway immediately, through secure means, of any unauthorized use of your account, as well as unauthorized access by third parties to it.

7. PRIVACY POLICY UPDATES

Neoway reserves the right to modify this Policy as many times as it deems necessary, in order to provide you with more security, convenience, and further improve your experience. That is why it is very important to access our Policy periodically. To facilitate, we indicate at the beginning of the document the date of the last update. If we make any relevant changes that are new authorizations, we will post a new privacy policy.

8. APPLICABLE LAW AND JURISDICTION

This document shall be governed by and construed under the laws of the State of New York. Exclusive jurisdiction and venue for actions related to this document will be the state and federal courts located in New York County, New York. Nonetheless, both the U.S. Federal Arbitration Act and federal arbitration law apply. Therefore, you may be able to assert claims by binding arbitration, rather than in court, in certain conditions.

This Policy applies to Neoway, which is subject to the investigatory and enforcement powers of the Federal Trade Commission.

9. PRIVACY SHIELD FRAMEWORK AND IRM

9.1. We commit with the Privacy Shield Framework

Neoway, Inc. complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States. Neoway, Inc. has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/ . The Privacy Shield team has determined that Neoway’s Privacy Shield submission is otherwise complete; therefore, we have published our Privacy Shield-consistent privacy policy including this statement that we adhere to the Privacy Shield Principles.

9.2. Independent Recourse Mechanism

In compliance with the Privacy Shield Principles, Neoway, Inc. commits to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Neoway, Inc. at:

João Bornhausen ; Joao.bornhausen@neoway.eu ; DPA and COO Europe ; NY +1 (646) 844-0415 ; PT (+351) 210 999 600 ; support@neoway.us .

Neoway, Inc. has further committed to cooperate with the panel established by the EU data protection authorities (DPAs) with regard to unresolved Privacy Shield complaints concerning data transferred from the EU.