This Privacy Policy (“Policy”) applies to all services provided and CFLEX MPC DESENVOLVIMENTO E COMERCIALIZAÇÃO DE SISTEMAS LIMITADA, registered with the CNPJ under No. 22.794.7120001-62, headquartered in the city of Campinas, State of São Paulo , at Rua Comendador Torlogo Dauntre, 74, sala 1511, CEP: 13.025-270, due to the use by the USER of the services provided by “RAILMP”.
This Policy is intended to provide clear and complete information on how the USER's Personal Information will be processed due to using the services provided by RAILMP.
RAILMP discloses its Policy to protect the USER's privacy, ensuring that the Treatment of Personal Information will only serve to enable the provision of services.
When using RAILMP's services, the USER declares to be aware of this Policy and expressly consents to the Treatment of their Personal Information by RAILMP. If the USER does not agree with the Treatment of their Personal Information as provided for in this Policy they must refrain from using the services.
For settling disputes, Brazilian law will be fully applied. Any disputes must be presented in the court of the district where the headquarters of RAILMP is located.
For more information and rules for using the services provided by RAILMP, the USER should consult this Privacy Policy.
Definitions
Without prejudice to other definitions contained in this Policy, the words and expressions below, whenever used with its first letter capitalized, shall have the following definitions:
“Technical Use Data”: information that RAILMP handles due to the use of a cell phone, computer or other device that the USER uses to access the Site (www.railmp.com). The Technical Usage Data shows how the USER uses the service provided, including the IP address, statistics on how pages are loaded or viewed, the websites the USER visited and browsing information collected through cookies or similar technology.
"Anonymized Data": is information that, alone or together with other Anonymous Data, does not allow the identification of a person, considering the use of reasonable technical means available at the time of its treatment.
“Device Information”: data that may be automatically collected from any device used to access the Site (www.railmp.com). This information may include, but is not limited to, device type, device network connections, device name, device IP address, device browser information and the internet connection used to access the Site (www.railmp. com), Geographic Location Information and information about the apps downloaded on the device.
“Personal Information”: Personal information that can be associated with an identified or identifiable individual or legal entity. They may include the name of an individual, company or corporate name of a legal entity, address, telephone number, e-mail, checking or savings account number, date of birth, affiliation and number of official documents (for example, Identity Card - RG, passport, CPF/MF, CNPJ/MF, among others).
“Geographic Location”: information that identifies the USER's location through, for example, latitude and longitude coordinates obtained by GPS, Wi-Fi or cellular location triangulation. The Site (www.railmp.com) may request permission to share the USER's current location. If the USER does not agree with this collection of Geographical Location information, the Site (www.railmp.com) may not function properly.
"Processing": any operation performed with the USER's Personal Information, due to the collection, production, reception, classification, use, access, reproduction, transmission, distribution, processing, archiving, storage, elimination, evaluation or control of information, modification, communication, transfer, broadcast or extraction.
“USER”: legal entity or individual who provides your Personal Information for Treatment.
Collected information
RAILMP handles the Treatment of the minimum Personal Information, necessary for its use, by the USER. RAILMP also collects personal data from those who register on our Site, especially to access and test the RAIL MOVEMENT PLANNER and when they contact us through the user service channels by filling a specific form.
The USER must fully fill in the data requested in the forms provided by RAILMP in order to log in to the Site.
The USER's Personal Information may be used by RAILMP to form a registry and database, as well as to improve its services, preserving the USER's individuality and identification.
In order to prevent fraud and guarantee the authenticity of the information provided, other Personal Information not contained in the registration form may be requested, as well as documents that allow confirmation of the data provided by the USER.
RAILMP may store the USER's Personal Information and other information when there is a legitimate interest and compliance to legal requirements or requirements from the competent authorities.
The anonymized data of the USER holder will be treated in a way that cannot be identified, considering the use of reasonable technical means available at the time of its treatment.
Personal Information is obtained upon clear request to the USER and with the express authorization of the USER (if applicable) when creating the record, being processed for the purpose of fulfilling the services offered. The Processing of additional USER information will only be carried out based on the legitimate interest of RAILMP.
RAILMP's website and internet services may use Device Information, Technical Usage Data and USER Geographic Location.
Furthermore, RAILMP's websites and internet services may use cookies (files stored on your computer to obtain navigation information within the website), for the purpose of confirming your identity and improving your browsing experience. If the USER does not agree with its use, they can disable the use of this function using the options of his browser. A cookie is a small amount of information that usually includes an anonymous unique identifier, some Internet sites send to your browser to be stored on your computer's hard drive, enabling you to identify yourself the next time you return to the site.
The input of the USER's personal data and the acceptance of browsing cookies are not a requirement for browsing the website, and their provision is optional. The USER who decides to enter their personal data declares to know and accept the terms of the Policy.
The USER who introduces their personally identifiable data may, at any time, change, correct and remove it whenever convenient through their own registration in the website. The USER, under no circumstances, shall provide their data by email, as this is an environment without adequate security requirements. In this way, the website is exempt from any responsibility for the correction, alteration, or removal of data.
Sharing and using of personal information
The USER's Personal Information may be used by RAILMP to form a registry and database through the Treatment of Personal Information, preserving the USER's confidentiality, individuality and identification.
In order to improve its services, RAILMP will be able to carry out the Treatment of Information, which will be anonymized and will not allow the identification of the USER in particular.
The USER's Personal Information may also be shared by RAILMP with (i) third parties contracted to provide cloud computing, data transfer and hosting services, provided that these third parties keep the same privacy and security standard applied by RAILMP and are contractually obligated not to access the content, process or share the information, except upon express orders from RAILMP; (ii) for RAILMP group companies; (iii) RAILMP's outsourced service providers; and (iv) financial institutions. These third parties may only use Personal Information to enable the performance of services provided by RAILMP.
RAILMP may also be required, by law or by determination of the competent authorities, to disclose the USER's Personal Information.
RAILMP will carry out the Treatment of the USER's Personal Information, to operate the Site (www.railmp.com) and provide the services, in the following cases:
(a) Communicate with the USER about registration, use of the Site (www.railmp.com) or services;
(b) Keep the Information up to date;
(c) Monitor and analyze the USER's behavior in relation to the use of the Site (www.railmp.com) and RAILMP services;
(d) Carry out and promote marketing campaigns and improve the services or experience using the Site (www.railmp.com);
(e) Offer personalized services provided by third parties, including through the use of cookies;
(f) Promote location-specific product or service offers, if the USER chooses to share their Geographical Location information, through the provision of advertisements, search results and other personalized content;
(g) Comply with the obligations provided for in the Term, applicable laws and regulations; and
Except as provided in the above clauses, RAILMP does not disclose or share the USER's Personal Information with third parties, except for the pre-established contractual relationship between RAILMP and the third party.
RAILMP does not store or use in any way and under any circumstances, the website registration emails for any purpose other than sending messages, in accordance with the preferences of each registered USER.
It is the responsibility of the USER to keep their password and login. It is not appropriate to use obvious passwords such as special dates, names or number sequences. If the USER becomes aware or suspects their password was discovered, they must change it on their registration page immediately.
Adverstisement
The USER's e-mail informed when filling out the registration will be used as a means of communication by RAILMP, only for sending information regarding the services provided.
The USER may choose to receive newsletter, promotional and marketing materials when completing the registration or request cancellation under the applicable rules that will be offered. The processing of personal information necessary for this will be done with the consent of the USER.
RAILMP uses third party services to send emails on its behalf. If the USER receives an email that they believe was not sent by RAILMP, they must refrain from taking any action and immediately contact the company to confirm its veracity. From now on, the USER authorizes the outsourcing of such activities provided that data privacy is protected through Contractual Instruments.
The USER declares that they are aware and agrees that they must always check the information provided by RAILMP; the mere receipt of any communication by other means of communication (including email, WhatsApp, telephone and SMS) does not serve as proof.
Storage
The Personal Information collected by RAILMP is stored in secure servers, under encrypted form, using constantly updated information security measures. The information will be kept confidential and all possible measures will be taken against loss, theft, misuse, alteration and unauthorized access.
The USER's personal data are stored by the platform for the period necessary to provide the service or fulfill the purposes set out in this document, as provided for in item I, article 15, of Law 13.709/18.
Data can be removed or anonymized at the USER's request, except in cases where the law offers other treatment. Furthermore, the personal data of users can only be saved after the end of their treatment in the following cases provided for in article 16 of the Law:
a) compliance with a legal or regulatory obligation by the controller;
b) study by a research body, ensuring, whenever possible, the anonymization of personal data;
c) transfer to a third party, provided that the data processing requirements laid down in the Law are respected; and
d) exclusive use of the controller, its access by a third party being prohibited and as long as the data is anonymized.
Anonymized information, which does not identify the USER, may be kept indefinitely for statistical purposes.
RAILMP employs advanced security standards, including firewalls, antivirus and other software that help protect against hackers and prevent the leakage of stored Personal Information. Although RAILMP is dedicated to protecting the Platform, the USER is responsible for protecting and maintaining the privacy of their registration and Personal Information. RAILMP is not responsible for Personal Information that the USER shares with third parties.
To the extent of applicable law, RAILMP is not responsible for illegal violations of its website, which may compromise its database and the Personal Information of USERS, as well as not responsible for the improper use of Personal Information obtained fraudulently or unlawful.
In case of suspicion or confirmation of violation of the Platform or loss of the USER's Personal Information, RAILMP will use its best efforts and take immediate measures to eliminate or reduce the risk of damage to the USER, as well as inform the potentially affected USERS and the authorities of such fact, the risks involved and the necessary measures to avoid such damages.
Changes in privacy policy
RAILMP reserves the right to modify this Privacy Policy at any time, and it is recommended that the USER review it frequently. Changes and clarifications will take effect immediately after their publication on the platform. When changes are made, USERS will be notified. By using the service or providing personal information after any changes, the USER demonstrates their agreement with the new standards.
If the USER does not agree with the changes, they may request the cancellation of their registration with RAILMP.
Upon merger, change of corporate control or sale of the platform to another company, the USERS' data may be transferred to the new owners for the continuation of the services offered.
User rights
The USER is allowed, at any time, within the limits of applicable data protection legislation, to exercise the rights to:
(i) confirmation of the existence of processing of that USER's Personal Information;
(ii) access to such Personal Information;
(iii) correction of incomplete, inaccurate or outdated Personal Information;
(iv) anonymization, blocking or deletion of unnecessary, excessive or treated Personal Information in violation of the provisions of applicable law;
(v) the information of public and private entities with which RAILMP shared the use of the USER's Personal Information;
(vi) information about the possibility of not providing consent and about the consequences of denial, when a certain processing operation is based on the USER's consent; and
(ix) the revocation of consent, pursuant to applicable law.
In case of cancellation of their Personal Information, the USER will not be able to use RAILMP's services.
The rights may be exercised by sending a written request from the USER, accompanied by proof of their identity, to the address indicated in the preamble of the Policy, addressed to the Data Protection Officer of RAILMP.
RAILMP may contact the USER to confirm their identity before fulfilling the request, which will only be approved upon confirmation of identity.
Clarifications
Any questions regarding this Privacy Policy or requests regarding the USERS' rights may be sent to RAILMP's Data Protection Officer by email, on the website, or at RAILMP's address.
Contact Information
Phone: +55 (19) 3112-0950
E-mail: commercial@railmp.com
Address: Av. José de Souza Campos, 1073, Sala 1507
Cambuí, Campinas/SP - Brazil – Postal Code 13025-320
General considerations
Newsletters and advertising messages sent by e-mail will necessarily have the option of canceling the sending of that type of message by RAILMP. The request will be answered as quickly as possible. The services of sending e-mails are carried out by a company hired by RAILMP, which uses its own servers to carry out the sending.
The contracted company does not store or use in any way and under any circumstances the website registration emails for any purpose other than sending messages, in accordance with the preferences of each user registered on the website.
Even if collectively, the data can only be used for the purposes set out in this Privacy Policy.
Published on the RAILMP website on August 11th, 2021
