Octuspay's Privacy Policy

Last updated on 31/08/2023

Introduction

Welcome to Octuspay's Privacy Policy. This policy describes how we collect, use, share, and protect the personal data of our users, including producers and end customers. Octuspay is committed to safeguarding the privacy and security of our users' personal data. By using our services, you agree to the practices described in this Privacy Policy.

It's important to mention that Octuspay Tecnologia LTDA is legally associated and is an affiliate entity of Octus LLC, with its address at 16192 Coastal Highway, Lewes, DE, 19958, and registration number 7366153. Both entities collaborate and operate together to provide the best services to our users.

We have verified with our team. They confirmed that you previously mentioned EIN, but the correct one is registration number 7366153. It remains as mentioned above.

Summary

1) Personal Data Processed by Octuspay Companies
2) Purposes of Processing Personal Data
3) Legal Bases for Processing
4) Personal Data Processed on Behalf of Third Parties
5) Personal Data Retention Period
6) Sharing of Personal Data
7) Integrations and Third-Party Partners
8) International Transfers
9) Rights Related to Your Personal Data
10) Security
11) Processing of Minors' Data
12) Contact Information
13) Acceptance of the Privacy Policy

1. Personal Data Processed by Octuspay Company

1.1 - The types of personal data we collect may vary depending on your interaction with Octuspay and potential affiliate companies. This may include:

* Registration Information: Full name, email address, and contact information.
* Financial Data: Banking information and payment details.
* Transaction Information: Details of transactions conducted on the platform.
* Usage Information: Data about how you use our services.
* Interaction Information: Communications, questions, or feedback you send to us.

1.2 Key Terms:
* "Personal Data": Refers to information related to an identified or identifiable individual, such as name, email address, banking data, among others.
* "Producers": Users who use the Octuspay platform to offer products and services.
* "End Customers": Users who purchase products or services from Producers through the Octuspay platform.

2. Purposes of Processing Personal Data

2.1. Purposes of User Personal Data Processing

Octuspay and its partner companies use personal data for the following purposes:

2.1.1. Provide and Enhance the Platform:

Associate your account on the Platform with external social networks.
Personalize the Platform experience based on your usage.
Analyze behaviors, interests, and demographic characteristics.
Continuously improve the Platform.
Record your transaction history.
Keep your registration data updated.
Send messages, updates, and relevant notifications to your account.
Provide support for your needs.
Facilitate the publication of your own content.
Promote your creations using the available tools on the Platform.

2.1.2. Promote and Optimize Advertising and Marketing Activities:
Register for events through registration.
Send informative newsletters.
Communicate via email, SMS, or phone calls.
Distribute educational materials, such as e-books.
Conduct advertising and promotional campaigns.
Manually share media lists with platforms like Facebook and Google.
Send marketing communications, including email marketing, remarketing, and other advertising strategies.
Analyze navigation patterns to enhance product and service offerings.

2.1.3. Enable Octuspay Services:
Transmit essential payment-related information, such as transactional emails.
Engage in agreements with card-issuing entities.
Issue electronic currency as needed.
Accredit and issue payment instruments.
Effectively manage payment accounts.
Convert physical currency into electronic format.
Securely execute fund transfers.
Enforce the terms of use and policies related to the Octuspay Card.

2.1.4. Maintain a Secure Environment:
Ensure authentication when accessing the Platform.
Verify data and documents' accuracy through cross-checks.
Send relevant messages for notification purposes.
Conduct analyses to prevent fraud, security incidents, and misuse on the Platform.
Ensure the physical security of Octuspay facilities.
Confirm registration information and relevant content.

2.1.5. Purposes of Visitor Personal Data Processing:
We collect personal data from Platform visitors for the following purposes:
Develop advertising and promotional campaigns.
Implement marketing strategies, including email marketing, remarketing, and other advertising initiatives.
Analyze navigation patterns on the Platform.
Register for events.
Distribute newsletters for information.
Communicate via email, SMS, or phone calls.
Share educational materials, such as e-books.

3. LEGAL BASES FOR PROCESSING

Octuspay bases the processing of personal data on legal grounds established by applicable laws. These grounds vary depending on the context of processing and include the following legal bases:

3.1. Consent When the User expressly agrees to the processing of their personal data, such as when accepting to receive advertising communications or participating in surveys. This consent can be revoked at any time by the user.

3.2. Compliance with Legal or Regulatory Obligation If a legal or regulatory obligation requires Octuspay to process personal data, such as storing access records to comply with anti-money laundering regulations, the company will rely on these requirements to carry out the processing.

3.3. Contract Performance or Related Contractual Procedures When the processing of personal data is necessary to fulfill a contract entered into between the User and Octuspay or for the performance of pre-contractual procedures, such as processing payment information during a purchase on the Platform.

3.4. Regular Exercise of Rights in Judicial, Administrative, or Arbitral Proceedings If there is a need to process personal data due to legal actions, administrative processes, or arbitral procedures, Octuspay will base the processing on these legal contexts.

3.5. Legitimate Interest When Octuspay decides to process personal data based on a legitimate interest, following a careful assessment of the purpose and necessity of such processing, as well as the user's expectations. This legal basis is used, for example, when sending newsletters related to the user's interests based on their interaction with the Platform. We always ensure that the User has the option to opt out of receiving these communications.

4. PERSONAL DATA PROCESSED ON BEHALF OF THIRD PARTIES

4.1. Processing of Personal Data at the Request of Third Parties Some personal information is subject to processing by entities within Octuspay at the request of third parties. This practice is governed by formal agreements documented through written contracts between Octuspay entities and third parties. For example, a Creator may request, through the Platform, the acquisition of additional personal information from the Buyer ("Creator Data"). The specific types of Creator Data may vary according to the particular guidelines of the Creator.

4.2. Processing of Personal Data Relating to Octuspay Services Octuspay may also process certain personal data on behalf of third parties when you choose to use Octuspay Services. In transactions associated with Octuspay, Octuspay may collect information such as card number, cardholder name, expiration date, CVV code, CPF, and payment transaction details on behalf of a partner payment institution and credit card issuer.

4.3. Responsibility for the Processing of Personal Data by Third Parties The third parties mentioned above are also considered responsible for the processing of personal data in the context of offering their own products and services. In particular, these third parties may be Creators, whose obligations and functions are defined in the Personal Data Processing Agreement.

4.3.1. Especially in the case of Users who choose to pay through the Octuspay platform and have a contractual relationship with third parties. Therefore, they are also subject to the terms of use and privacy policies applicable to these third parties.

5. PERSONAL DATA RETENTION PERIOD

5.1. Duration of Data Processing

Personal information is processed by Octuspay entities until at least one of the circumstances described below is reached. These circumstances include:

- Fulfillment of the processing purpose.
- When personal information is no longer necessary or relevant to the specific purpose sought.
- Termination of the User's contract, regardless of the reason.
- Exercise of the User's right to revoke consent, in cases where the processing of personal data was carried out based on that consent.
- Possible penalties applied by the competent authority responsible for supervising, implementing, and enforcing compliance with current legislation or by other relevant authorities.

5.2. Residual Personal Data Storage

In specific situations, Octuspay entities may retain residual personal data even after the circumstances of the end of personal data processing have been met. This is done in accordance with legal or regulatory obligations or when there is a legitimate purpose justified by Octuspay for such retention. In these circumstances, personal data will be kept in secure locations with restricted access for the period necessary to fulfill legal or regulatory obligations or until the legitimate purpose defined by Octuspay is achieved.

5.2.1. The retention periods of personal data vary according to the type of information and the purposes for which the information is used. For specific details on the retention period of a particular category of personal data, we ask you to contact our Data Protection Officer.

6. SHARING OF PERSONAL INFORMATION

6.1. Sharing Information with Third Parties:

Octuspay shares personal information only under the circumstances detailed below. It is important to emphasize that Octuspay does not trade or disclose personal information collected for financial gain. Such third parties establish written contracts with Octuspay and are fully aware of their responsibilities at all stages of the data processing process, notably the obligation to implement security measures in accordance with contractual terms and applicable laws.

6.1.1. User Consent: When you grant your consent, we share your information as described at the time of consent. This may occur, for example, when authorizing the sharing of personal information with third parties to enable your participation in events.

6.1.2. Legal Compliance, Prevention of Harm, and Security: When necessary, we share personal information with third parties to: (a) prevent fraud, which may involve automated assessments of money laundering risk; (b) check the restricted user list; (c) authenticate submitted documentation; (d) provide support assistance; (e) prevent illicit activities; (f) handle user disputes; (g) conduct internal investigations related to behaviors that may violate Octuspay's Terms or Policies.

6.1.3. Octuspay Services:
Personal information is also shared with third parties when the user uses Octuspay services, including card details, shared with the credit card issuer and financial institutions partnering with Octuspay. This is done to process payments, provide card services, prevent, detect, and investigate fraud or restriction lists, and facilitate dispute resolution related to refunds or chargebacks.

6.1.4. Within Economic Group Entities:
Sharing personal information may occur between parent companies, subsidiaries, affiliated companies, or entities under common control of Octuspay, or any entity belonging to the same Economic Group. This is to facilitate Octuspay services, optimize administration, and allow the same user to use different services within Octuspay.

6.1.5. Service Providers:
Your personal information may be shared with third parties engaged in financial consulting, accounting, legal, non-profit activities, and potential investors, as well as third parties providing data backup, cloud computing services, or performing statistical analysis.

6.1.6. Sharing User Information with Creators:
When participating in Content provided by Creators, Octuspay will share certain information with the Creator to enable service provision. This information may include: (a) account information, such as name and email address; (b) payment information, such as amount paid and billing information, excluding the full credit card number; (c) IP address; (d) participation details in Creator Content, such as subscriptions, progress, test results, and certificates; (e) any communication exchanged with the Creator through the Platform.

6.1.7. Sharing Creator Information with Users:
When using Octuspay services to publish Creator Content, the information contained in that content will be visible to Users with access to that content. For example, when publishing a biography on a sales page, the personal data in the biography will be visible to visitors to that page.

6.1.8. With Integrated Services:
When you decide to integrate third-party services with your Platform, your personal information will be shared with these third parties. It is recommended that you read the terms of use and privacy policies of these third parties to understand how they collect, use, and share your personal information.

6.1.9. With Business Partners:
Occasionally, we establish partnerships with third parties to offer events, promotions, contests, and other programs. To participate in these offers, you may be asked to provide your email address and other personal information.

6.1.10. With Advertisers and Data Analytics Providers:
We may share your personal information with advertisers, advertising networks, and data analytics providers through cookies or other technologies.

6.1.11. With Affiliates:
We may share your personal information with our parent company, affiliates, or other companies under the same control. We may also share your personal information in transaction scenarios involving all or part of our businesses, such as the sale of a business unit, acquisition, merger, consolidation, or in cases of bankruptcy or judicial recovery.

6.1.12. With Government, Law Enforcement, or Judiciary Authorities:
Octuspay may be required to share your personal information with government, law enforcement, or judicial authorities whenever necessary to comply with a court order or a request from a competent authority.

7. INTEGRATIONS AND THIRD-PARTY PARTNERS

7.1. Integrations and Connections with Third Parties:
At Octuspay, we offer the possibility of integrating our Platform with services provided by third parties (such as Facebook, Google, Zoom). The extent of the information that we can access varies depending on each service and may be influenced by the privacy settings set by you and the other individuals you are connected with when using these services. It is essential to note that third-party services are operated, controlled, and maintained by third-party entities, without any connection to us. We suggest that you read the terms of use and privacy policies of the respective third parties to understand how your personal data is collected, used, and shared by them with us or with other third parties.

7.2. Integrations through APIs:
Specifically, Octuspay entities may establish connections with third-party services on the Platform using application programming interfaces (APIs), such as the YouTube API, for example. These third-party services are not integrated into the services provided by Octuspay entities and are not part of the Platform. They are subject to different terms and conditions, such as YouTube's Terms of Service and Google's Privacy Policy. Octuspay entities do not assume responsibility for these services, and when you interact with them, you directly provide your personal data to these third-party services.

8. INTERNATIONAL TRANSFERS

8.1. Transfers to Other Countries:
Octuspay may make transfers of your personal data to countries other than the one in which you reside. To ensure the protection of this data, we adopt the measures required by law, where applicable, to ensure the security of your information. In cases where the law does not define clear criteria for international transfers of personal data, we adopt best practices to protect your data, establishing contracts with recipients that follow the standards of the place where the data was initially collected.

8.2. Standard Contractual Clauses:
In places where Standard Contractual Clauses have already been approved and are considered adequate safeguards for international data transfers, we will implement such clauses in contracts with recipients before making any international transfers.

Summary

9.1. Your Rights Under Applicable Laws:
Depending on the laws governing the processing of your personal data, you may be entitled to exercise specific rights regarding your personal information. These rights can be invoked through this form.

The following rights may apply:

Confirmation of Processing: You have the right to question us about the existence of the processing of your personal data, being able to confirm whether such processing takes place.

Access to Data: You can request an electronic, secure, and reliable copy or a printed format of the personal information we process about you.

Data Correction: If your personal data is incomplete, incorrect, or outdated, you have the right to request its rectification.

Anonymization, Blocking, or Deletion: If you find that certain data is unnecessary, excessive, or contrary to current legislation, you can request the anonymization, blocking, or deletion of such data.

Portability: If applicable, you may request the transfer of your personal data to other platforms in accordance with the rules of the National Data Protection Authority, always respecting Octuspay's trade and industrial secrecy.

Sharing Details: It is your right to seek information about which public or private entities share your personal data.

Possibility of Refusing Consent: You have the right to be informed of the possibility of not consenting to the processing of your data when consent is the legal basis, along with the implications of such refusal.

Revocation of Consent: At any time, you can withdraw previously provided consent, free of charge. It is important to understand that revocation does not invalidate processing activities performed before withdrawal.

Objection to Processing: When consent is not the legal basis for processing and there is a breach of data protection laws, you can object, providing your reasons. Octuspay will assess your objection and take the necessary actions.

Filing a Complaint: You can file a complaint with the National Data Protection Authority about the processing carried out by Octuspay. However, we would appreciate the opportunity to address your questions or complaints before taking this action.

Deletion of Consent-Based Data: If consent is the legal basis for specific processing, you can request the deletion of that data, except when required by legal, regulatory, or defense obligations in judicial or administrative proceedings.

9.2: If you wish to contact our Personal Data Protection Officer, please use the provided contact form.

9.3: Whenever Octuspay acts on behalf of third parties and you choose to request the exercise of your rights through our platform, we may, under appropriate circumstances, fulfill this request.

9.4: If you choose not to receive newsletters, emails, phone calls, or advertising SMS, you can cancel these communications through the link provided in the communications themselves.

9.5: We reserve the right to refuse requests that are manifestly unfounded and/or excessive.

9.6: All the above rights, if applicable in your jurisdiction, can be exercised free of charge at any time, unless the current legislation allows for the collection of fees. Octuspay commits to fulfilling your requests transparently and promptly.

9.7. Identity Verification and Authorization: To ensure that your rights are exercised by you or by a valid legal representative, Octuspay may request information or documents proving your identity. This is done to prevent fraud and protect your privacy, ensuring that your personal data is not shared with unauthorized individuals.

9.8. Response Time: We commit to responding to your requests within a reasonable period, as established by applicable law. However, it is important to remember that some responses may depend on the confirmation of the information you provided earlier.

9.9. Complexity and Volume of Requests: In exceptional situations, such as when a request is particularly complex or when we receive a large number of requests simultaneously, the response may take longer than expected.

In these circumstances, we will keep you informed of the progress of the request, ensuring that you are always updated on the status and progress of the process.

10. SECURITY

10.1. Protection Measures:
We employ technical and organizational measures to safeguard your personal data, aiming to minimize risks such as accidental loss, destruction, unauthorized access, and other unlawful processing. We maintain strict control of system access based on the principle of least privilege.

11. PROCESSING OF MINOR'S DATA

11.1. Minor's Data: We do not knowingly collect personal data from children under 13 years of age. If we discover such collection, we will delete the data, retaining only the minimum necessary to prevent further registration attempts.

12. CONTACT INFORMATION

If you have any questions about this Privacy Policy, please contact us at the email address [email protected].

13. ACCEPTANCE OF THE PRIVACY POLICY

13.1 This Privacy Policy may be updated periodically. The latest version will always be available on our website. 13.2 By using Octuspay's services, you agree to the terms of this Privacy Policy and how we handle your personal data. If you do not agree, we recommend that you do not use our services.