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PRIVACY POLICY

PRIVACY POLICY

ITAÚ SOCIAL

Version updated on: November 05, 2020

Controller: FUNDAÇÃO ITAÚ PARA EDUCAÇÃO E CULTURA, headquartered in the city of São Paulo, State of São Paulo, on Avenida Paulista, nº 1.938, 16º andar, Bela Vista, CEP 01310-942, Brazil, registered under the CNPJ/ME number 59.573.030/0001-30 (“Itaú Social”).

These Terms of Use and Privacy Policy (“Terms of Use and Privacy Policy”) contain information about the collection, use, processing and sharing of Personal Data by Itaú Social, during the access and use of the Website and/or Application (as defined below) of Itaú Social, through which the User can access the contents, such as articles, news, images and videos, made available by Fundação Itaú Social, in order to clarify the obligations and responsibilities of its Users.

Itaú Social can establish specific Terms of Use and Privacy Policies applicable to the determined Website and/or Application, which will complement and/or prevail over these Terms of Use and Privacy Policy.

These Terms of Use and Privacy Policy were implemented according to the obligations stipulated by Law n. 12.965, of April 23, 2014 (“MCI”), and by Law n. 13.709, of August 14, 2019 (“LGPD”), as well as by all other laws and regulations applicable to the Handling of Personal Data of Users (“Applicable Data Protection Legislation”).

These Terms of Use and Privacy Policy are divided in the following way:

1. Relevant Definitions
2. Objectives of the Terms of Use and Privacy Policy
3. Information on the Personal Data Collected
4. Sharing of Personal Data with Third Parties
5. Legal Bases and Purposes for the Handling of Personal Data
6. Storage and Protection of Personal Data
7. International Transfer of Personal Data
8. The Users’ Rights to Their Personal Data
9. Personal Data Storage Period
10. Violations
11. Intellectual Property
12. Tolerance
13. Alterations of Access and of the Terms of Use and Privacy Policies
14. Legislation and Forum
15. Contact Information

1. RELEVANT DEFINITIONS:

1.1. For the purposes of these Terms of Use and Privacy Policy, the following definitions apply:

1.1.1. Affiliates: any and every entity controlled, directly or indirectly, by Itaú Unibanco, or entities that are controlled, directly or indirectly, by Itaú Unibanco Holding S.A., or, moreover, any foundation or entity that has any of these companies as its maintainer.

1.1.2. IP address: Internet protocol address, the code attributed to the terminal of a network to allow its identification, defined according to international standards.

1.1.3. Internet: the system consisting of a set of logical protocols, structured on a worldwide scale for unrestricted public use, which allows for the communication of data between terminals by way of various networks.

1.1.4. Password: the set of characters that can consist of letters and/or numbers, with the purpose of verifying the identity of the User for access to the Website and/or the Application.

1.1.5. Website and/or Application: the Website and Application made available at the address www.itausocial.org.br of Itaú Social through which the User accesses the content.

1.1.6. Users (or “User,” when considered individually): all the individuals who access and use the Website and/or Application, it being established that the Website and/or Application are directed only at individuals at least 18 (eighteen) years old or emancipated and totally able to practice the acts of civil life, or those absolutely or relatively unable, provided that, in such case, they are duly represented or assisted.

2. OBJECTIVE OF THE TERMS OF USE AND PRIVACY POLICY:

2.1. Itaú Social respects the security and confidentiality of the information provided by its Users. For this reason, we have adopted the measures necessary to preserve your rights, as can be found in these Terms of Use and Privacy Policy (“Terms of Use and Privacy Policy”).

2.2. These Terms of Use and Privacy Policy describe how we handle Personal Data and other information, and explain how they are collected, accessed, stored, used, processed, transferred and divulged, and, moreover, how we allow the User to access, erase, or restrict the handling of his or her Personal Data.

2.3. The concepts of “Handling,” “Controller,” “Operator,” “Data Subject” and “Personal Data” are used in accordance with the definitions of the LGPD.

2.4. Itaú Social reserves the right to periodically modify this Privacy Policy unilaterally, promising to promptly update the Website and/or the Application with the new version of the Privacy Policy.

3. INFORMATION ON THE PERSONAL DATA COLLECTED:

3.1 To permit access to determined contents of the Website and/or Application, and to maintain the Website and/or Application operating and updated, and to maintain a relationship with the User, Itaú Social may collect the information and Personal Data indicated as follows:

3.2 Information and Personal Data that the Users choose to furnish

3.2.1 The User can choose to furnish some Personal Data to improve his or her experience in using Itaú Social, for registering and receiving the mailing or for sending a message to Itaú Social in the “Contact” environment.

3.3. Information and Personal Data collected during the use of the Website and/or Application

3.3.1. Itaú Social may collect navigation information or Personal Data automatedly, using cookies. Cookies are small files that may or may not be added at your terminal and allow for the storage and recognition of your navigation data.

3.3.2. In your navigation at the Website and/or Application, 04 (four) types of cookies may be used:

i. Authentication cookies: serve to recognize a determined User, allowing access and use of the Website and/or Application with restricted content and providing more personalized navigation experiences.

ii. Security cookies: used to activate security resources of the Websites and/or Applications, with the aim of aiding or monitoring and or detecting malicious activities or actions otherwise prohibited by these Terms of Use and Privacy Policy, as well as to protect the User’s information from access by unauthorized third parties.

iii. Research, analysis and performance cookies: the purpose of this type of cookie is to help to understand the performance of the Website and/or Application, to measure the audience of the Website and/or Application, to verify the navigation habits of the Users on the Website and/or Application, as well as the way that they arrived at the page of the Website and/or Application (for example, through links from other websites, search engines or directly by the address).

iv. Advertising Cookies: used to present relevant advertising to the User, both on and outside the Website and/or Application or on websites of partners, as well as to know if the Users who see the advertising go on to visit the Website and/or Application after seeing it. The advertising cookies can also be used to remember eventual searches made by the Users on the Website and/or Application and, based on the searches made by the Users on the Website and/or Application, to present advertisements to the Users which are related to their interests.

3.4 For the purposes described in 3.3.2., Fundação Itaú Social may collect, store, handle, process and use the following information in regard to the User’s navigation on the Website and/or Application, which are part of the “Navigation Records”:

i. Geographic location;
ii. Operational system used by the User;
iii. Browser and its respective versions;
iv. Screen resolution;
v. Java (a programming language);
vi. Flash player installed;
vii. IP address;
viii. ID code (IMEI) of the mobile device by which the User accessed the Website and/or Application;
ix. Information pertaining to the date and time of use of the Website and/or Application by a determined User, from a determined IP address;
x. Information regarding the number of clicks and attempts to use the Website and/or Application, as well as the pages accessed by the User.

3.5 The User can disable the cookies through the configuration options of his or her respective browser. However, when deciding to prohibit cookies, the User is aware and recognizes that it is possible that, without the cookie, the Website and/or Application will not be able to provide all its functionalities.

3.6. The Website and/or Application may contain links to third-party websites, which are not subject to the provisions of this Privacy Policy. It is recommended that the Users consult the privacy policies of third parties before interacting with their websites. The User is aware and agrees that the existence of these links does not constitute an endorsement or patronage of the website(s) of third parties by Itaú Social and recognizes that he or she is subject to the Terms of Use and Privacy Policies of the respective website(s).

4. SHARING OF PERSONAL DATA WITH THIRD PARTIES:

4.1 The Personal Data collected during the use of the Website and or Application may be shared with the following third parties, engaged for the purposes described:

a) Relationship with the User: Itaú Social uses the services of Tamer & Associados Comunicação Empresarial LTDA, CNPJ n. 04.950.403/0001-52, for attending to the “Talk with us” section of the Website and/or institutional Application of Itaú Social.
b) Relationship with the User: Itaú Social uses the services of GALÁPAGOS NEWSMAKING MIDIA E EDITORAÇÃO LTDA., CNPJ n. 31.549.260/0001-44, for producing its weekly newsletter.
c) Providing access to and maintaining the Website/Application: Itaú Social uses the services of AGENCIANOZ – AGENCIA DE PUBLICIDADE E CONSULTORIA DE MARKETING LTDA., registered in CNPJ/ME under n. 04.820.153/0001-36, for a) making available, maintaining and supporting the institutional Website and/or Application of Itaú Social.
d) Making available and maintaining the Website/Application: Itaú Social uses the services of CODEBIT DESENVOLVIMENTO DE SOFTWARES CUSTOMIZADOS LTDA-ME., registered under CNPJ/ME n. 12.398.333/0001-08, for making available, maintaining and supporting the institutional Website and/or Application of Itaú Social.

4.2 Itaú Social may, moreover, share the Personal Data with public or private organizations in order to comply with legal obligations.

5. LEGAL BASES AND PURPOSES FOR THE HANDLING OF PERSONAL DATA:

5.1 Approval, execution of contract or preliminary procedures and protection of credit:
(a) Signup for the mailing and newsletter;
(b) Finding solutions to questions or complaints;
(c) Settling of disputes;
(d) Verification of the navigation habits of the Users of the Website and/or Application; and
(e) Verification of the way by which Users reached the page of the Website and/or Application (for example, through links from other websites, search engines or directly by the address).

5.2. Legitimate interest:

(a) Improving the performance of the Website and/or Application and measuring its audience;
(b) Evaluation of the statistics related to the number of pageviews and use of the Website and/or Application, its resources and functionalities;
(c) Creation of reports for internal use for the development of our services and content;
(d) Identification of profiles, habits and needs for eventual strategies of Itaú Social;
(e) Carrying out internal management and business procedures, for example, accounting, auditing, management of main data;
(f) Carrying out analyses related to the security of the Website and/or Application, improvement and development of antifraud tools;
(g) Direct marketing and advertising to Users;
(h) Communication between the Users and Itaú Social, including through the sending and receiving of emails;
(i) Furnishing contents that are more personalized and better suited to the needs and interests of Users, such as profile pages, updates, relevant contents and announcements;
(j) Management of relationship with User; and
(k) Finding solutions to questions or complaints.

5.3. Fulfillment of legal obligation and regular exercise of rights in process:

5.3.1 Itaú Social handles Personal Data when necessary to fulfill applicable legal obligations, including in relation to financial and regulatory reports, reports of adverse events and fiscal obligations, among others, or for purposes of the regular exercise of its rights in any judicial, administrative or arbitration process.

6. STORAGE AND PROTECTION OF PERSONAL DATA:

6.1. Itaú Social employs every technical and organizational measure to protect the Personal Data of Users of the Website and/or Application against loss, unauthorized use or other abuses, ensuring a level of security compatible with the activities carried out by Itaú Social.

6.2. The Personal Data will be stored in a secure operational environment not accessible to the public. We make every effort to protect the Personal Data we store, based on measures such as (i) adoption of a program of governance and privacy; (ii) creation of a team responsible for the protection of Personal Data and a professional responsible for the protection of data; (iii) addition of the principles of “Privacy by Design” and “Privacy by Default” during the execution of activities; (iv) creation of policies of confidentiality with collaborators; (v) restriction of access to Personal Data based on the principles of “need-to-know” and “least privilege,” among others. Despite this, unfortunately we cannot guarantee absolute security. The unauthorized use of accounts, failure of hardware or software and other factors can compromise the security of the Personal Data at any moment; for this reason, we need help from the Users for the maintenance of a secure environment for everyone.

6.3. Besides adopting good practices of security in relation to your Personal Data, we are at your disposal to help you in case you identify or become aware of something that compromises the security of your Personal Data. In this case, please enter in contact with us through the email indicated at the end of this Privacy Policy.

7. INTERNATIONAL TRANSFER OF PERSONAL DATA:

7.1. Itaú Social does not transfer Personal Data collected in Brazil to other countries. Itaú Social has its headquarters in Brazil and the Personal Data it collects are kept in servers located within Brazil.

8. THE USERS’ RIGHTS TO THEIR PERSONAL DATA:

8.1. When they use the Website and/or Application and furnish their Personal Data to Itaú Social, Itaú Social assures the Users of the rights foreseen in the applicable data protection legislation, namely:

a) Access: To be aware of the information and Personal Data on the User handled by Itaú Social in its Website and/or Application.

b) Correction: Request the correction of the User’s Personal Data stored on the Website and/or Application.

c) Request for anonymity, blocking or elimination: Request for anonymity, blocking or elimination of excessive Personal Data which are unnecessary or handled in ways out of conformity with the LGPD, in which case Itaú Social will conduct an analysis to verify the excess or any nonconformity in the handling of Personal Data and, if this nonconformity is confirmed, it will comply with the request.

d) Deletion of Registration: Request the deletion of the registration made on the Website and/or Application. In this case, it is possible for some Personal Data to remain stored for the fulfillment of legal obligations or for the exercise of Itaú Social’s rights.

e) Revocation of consent: Revoking the consent furnished for some functionalities, through the opt-out tool.

f) Review of automatized decisions: Request the review of an exclusively automatized decision that affects your interests.

8.2. In case it is necessary, we make it clear how you can make contact through the channels indicated at the end of this Privacy Policy for the exercise of the rights set forth in this Section.

9. PERSONAL DATA STORAGE PERIOD:

9.1. The Personal Data collected by Itaú Social will be kept only for the time necessary for us to fulfill the purposes for which we collect them, including for the fulfillment of any legal, contractual, or reporting obligations, or for defensive use in administrative or judicial processes or requests from relevant authorities.

9.2. All of the Personal Data collected will be deleted at the respective data subject’s request or when they are no longer necessary or relevant for Itaú Social. Nevertheless, Itaú Social may maintain any Personal Data, even after a request from the respective data subject to delete them, when there is any other reason to maintain them, such as an eventual legal obligation for the retention of data, or a need to preserve them to protect the rights of Itaú Social. To determine the suitable period of retention of Personal Data, we consider the quantity, nature and sensitivity of the Personal Data, the potential risk of damages arising from their unauthorized use or divulgation, the purpose for having your Personal Data, and whether we can achieve such goals through other means, as well as the applicable legal requirements.

10. VIOLATIONS:

10.1 The User may not engage in any of the following actions in connection with or through the use of the Website and/or Application:

i. practice of any illicit acts and/or violation of pertinent legislation, including the provisions of Law 9.613/98 and Law 12.846/13;
ii. actions contrary to morality and good conduct;
iii. loading, sending and/or transmission of any contents of an erotic, pornographic, obscene, defamatory or slanderous nature or which promotes or incites a crime, the use of drugs, consumption of alcoholic beverages or smoking products, or physical or moral violence;
iv. loading, sending and/or transmission of any content that promotes or incites prejudice (including in regard to origin, race, sex, color, sexual orientation and age) or any form of discrimination, as well as hate or illegal activities;
v. threats, coercion, physical or moral harassment of the other Users:
vi. violation of rights of third parties;
vii. violation of any third party’s right to secrecy and privacy;
viii. acts that cause or otherwise trigger any contamination or harm to any equipment of Fundação Itaú Social and/or that of third parties, including by way of virus, trojans, malware, worms, bots, backdoor attacks, spyware, rootkits, or by any other techniques that may come to be created;
ix. engaging in any acts that directly or indirectly, wholly or in part, can cause harm to Itaú Social, to any User and/or any third party;
x. use any business name, brand, domain name, slogan or advertising expression or any distinctive sign or asset of intellectual property owned by Itaú Social, by Itaú Unibanco Holding S.A. or by any Affiliate of the latter.

11. INTELLECTUAL PROPERTY:

11.1 The following all belong to Itaú Social: (i) all and any software, Application or functionality used by Itaú Social on or in relation to the Website and/or Application; (ii) the visual identity of the Website and/or Application (including the graphic-visual art design of any of its pages): (iii) the business name, brand, domain name, advertising expression or slogan or any distinctive sign that belongs to it, which is inserted on the Website; and (iv) all and any content created and produced by Itaú Social, by itself or by third parties, which may not be used, in any way or form, by the Users.

11.2 In any case where the Websites and/or Applications allow for the sending and/or transmission of contents by the User, the User grants nonexclusive irrevocable and irretractable authorization, free of charge, to Itaú Social to use all and any intellectual rights (including copyrights and connected rights) pertaining to any contents, sent and/or transmitted by the User to the Website and/or Application, through any medium or format, at its exclusive criteria, without any restriction or limitation of any nature. The User declares and guarantees that the contents do not infringe on the rights of third parties and that he or she has obtained all the authorizations eventually necessary to allow for their use by Itaú Social.

12. TOLERANCE:

12.1 Tolerance in regard to any eventual infringement of any of the provisions of These Terms of Use and Privacy Policy by any User does not constitute the waiver of the right to demand that the obligation be fulfilled, nor does it constitute forgiveness, or alteration of what is set forth herein.

13. ALTERATIONS OF ACCESS AND OF THE TERMS OF USE AND PRIVACY POLICIES:

13.1 Itaú Social, at any time, at its exclusive criteria and without any need for any prior or posterior notice to any User or third parties, may: (i) suspend, cancel or interrupt the access to the Website and/or Application and (ii) remove, change and/or update wholly or partially the Website and/or Application as well as its respective contents and/or Terms of Use and Privacy Policy. Any alteration and/or updating of these Terms of Use and Privacy Policy will take effect starting on the day of its publication on the Website and/or Application and should be wholly observed by the Users.

14.LEGISLATION AND FORUM:

14.1 These Terms of Use and Privacy Policy have been drawn up in accordance with Brazilian law. Any disputes or controversies arising from any acts practiced in the environment of the use of the Websites and/or Applications by Users, including in relation to the infringement of the Terms of Use and Privacy Policy or by the violation of the rights of Itaú Social, other Users and/or third parties, including intellectual property rights, rights to secrecy, and personality rights, will be settled at the Comarca da Capital do Estado de São Paulo.

15. CONTACT INFORMATION:

15.1. In case of any doubt relating to our Privacy Policy or how we handle your Personal Data, please contact us by sending an email to encarregado_dados@fundacaoitau.org.br.