Updated on: November 15, 2022
PLEASE READ THIS PRIVACY POLICY AND THE TERMS OF USE CAREFULLY BEFORE USING THE PLATFORM AND SERVICES. BY USING THE PLATFORM OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS PRIVACY POLICY AND AGREE TO BE BOUND BY IT. PLEASE DO NOT USE OUR WEBSITE, OUR INTERNET APPLICATIONS OR OUR SERVICES IF YOU DO NOT AGREE TO ANY OF THE PROVISIONS OF THIS PRIVACY POLICY.
Latitud Inc. and its Affiliates ("LATITUD FORMATION”, “we”, “us” or “our”) respect and care for the privacy of the Personal Data provided by the users (“Users”, "you” or “your”) of the Platform. We are committed to being transparent and providing clear information about the processing of your Personal Data, as well as ensuring the confidentiality of your information and protecting your Personal Data in accordance with applicable laws and regulations. When processing your Personal Data, we aim, above all, to provide better and more personalized services. The more you interact with us, the more information you provide and the more we are able to personalize the services we provide to you.
Please read this Privacy Policy carefully, in order to understand your rights and make informed choices about your Personal Data. By using or accessing this platform (“Platform”) and the services provided by LATITUD FORMATION and its partners through the Platform (“Services”), you declare that you have carefully read and agree to all of the provisions of this Privacy Policy, in particular to the manner and purpose for which your Personal Data will be processed, as well as any transfers of Personal Data provided for in this Privacy Policy. Likewise, you declare that you have read and agree with the Latitud Formation Terms of Use available here.
DEFINITIONS
Capitalized terms used in this Privacy Policy shall have the meanings set forth below:
“Anonymized Data” means Data relating to a data subject that cannot be identified, considering the use of reasonable technical means available at the time of processing;
"Cookies" are navigation files that may be sent to and saved in your web browser when you are visiting a particular website or application. Your web browser stores cookies in a way associated with each website you visit, and you can generally see your cookies through your browser settings, depending on which browser you are using;
“Data Controller”. Latitud, Inc. is the Data Controller of your Personal Data and is responsible for decisions regarding the processing of your Personal Data;
“Data Protection Law” means. While remaining in force, Law No. 13,709/2018 ("Brazilian General Data Protection Law" or "LGPD"), its subsequent amendments, and any other laws and regulations regarding the processing, protection and privacy of Personal Data that may be applicable, as well as any and, if applicable, all guidelines, rules, ordinances, regulations and codes of practice and conduct issued by the National Data Protection Authority (“ANPD”) or other relevant Personal Data protection or supervisory authority.
“Data Subject” means an individual whose Personal Data is processed by the Platform;
“LATITUD FORMATION Platform”, “Platform” or “We” means the Platform developed and provided by LATITUD FORMATION, aimed at helping Users from Latin America to dissolve borders and elevate their businesses to a world stage. The Platform provides information, planning resources and access to specialized services to assist Users in incorporating an international corporate structure that is venture-capital-friendly in multiple jurisdictions, in an agile, streamlined and efficient manner. The Platform does not provide legal or other specialized services;
“Personal Data” means. any information, whether true or untrue, directly or indirectly related to an identified or identifiable individual;
“Processing” means any actions performed involving a User’s Personal Data, including collection, production, reception, classification, use, access, reproduction, transmission, distribution, processing, filing, storage, elimination, evaluation or information control, modification, communication, transfer, dissemination, or extraction of data;
“Processor” means any. iIndividual or legal entity, whether public or private, who/which processes personal data on behalf of the Data Controller;
“Services” means the scope of the services to be provided or carried out by LATITUD FORMATION through the LATITUD FORMATION platform.
“User” or “You” means an individual 18 (eighteen) years or older, with full legal capacity, acting in their own name or on behalf of a legal entity, accessing the Platform or using Services upon having accepted the Terms of Use and the Privacy Policy.
All general provisions in the Terms of Use, including defined terms, limitations of liability, applicable law and dispute resolution methods are fully applicable to this Privacy Policy.
WHICH DATA DO WE PROCESS?
If you use the Platform or Services, we may collect and process your Personal Data in order to enable you to access the Platform and LATITUD FORMATION to provide the Services. We may also process Personal Data provided to us by you in accordance with our legitimate interest, to improve our Services, as well as to offer you an improved and personalized experience.
Information that Users provide to us directly: When you register on the Platform and use our Services, you may provide us Personal Data and other data, such as your full name, Individual Taxpayer Registration No., ID, passport, Driver's License (CNH), date of birth, gender, nationality, marital status, e-mail, full address, username, password, company name, company address, description of the company’s services, share capital, names and data of the founders and co-founders, equity held and payment information. We may also request a passport photo and proof of address.
User-Generated Content: we may process any Personal Data entered by you on the Platform or sent or shared by you in the form of comments, criticisms, compliments, suggestions, feedback, or testimonials about the Platform or about the Services.
Data generated by using the Platform: each time you interact with the Platform, request Services or input information, we collect data. The data generated by using the Platform include, among others, the information you provided, information on how you interact with the Platform, and User preferences in general. When you log on to the Platform, our servers automatically record certain personal data in our log files. The web log data include information such as your IP address, browser type, operating system, the referring web page, pages visited, and cookie information.
Like many websites, we use Cookies and electronic device identifiers (such as SDKs, web beacons, among others) when you use the Platform. These technologies facilitate Users' navigation, enable statistical analysis of the use of the Platform, and allow us to offer or develop functionalities. We may set or use Cookies and similar proprietary or third-party technologies to fulfill the purposes described in this Privacy Policy. Cookies and similar technologies from third-party companies are subject to their respective privacy policies. Users may manage their privacy options directly in the privacy policies of such third-party companies.
Information Provided by Third Parties: if you access the Platform through products offered by third parties or through links provided on the pages of third parties, these third parties may send your browsing data to us. This information may be associated with other information collected by us or provided by you and may be used in the situations and for the purposes described in this Privacy Policy. In this case, only the information collected directly by us about the User and the result of any such combination are covered by and subject to this Privacy Policy. Information provided by external third parties may be controlled by the User in accordance with the privacy policy of external third parties.
Information Provided to LATITUD FORMATION partner companies during the provision of Services: LATITUD FORMATION interacts with other companies, law firms, registries and notaries, in Brazil and abroad (“LATITUD FORMATION Partners”), in order to provide the Services. Upon selecting a Service, you understand and agree to the sharing of your Personal Data (to the extent necessary) by LATITUD FORMATION with the relevant LATITUD FORMATION Partner, such Personal Data to be received and processed by such LATITUD FORMATION Partner under the terms of this Privacy Policy. Where applicable, upon selecting a Service, Users may be required to agree to the relevant LATITUD FORMATION Partner’s own privacy policy.
Other data. Other data may be collected as a result of any new features we may develop and the information may vary according to the Services provided. We will update this Privacy Policy with any new uses or processing of your Personal Data that have no direct or reasonable connection with the purposes outlined above. In this case, we will notify you of changes in our Platform or Services and updates to our agreements, terms or policies
From time to time, we may request that you update your Identification, Enrollment and Registration Data.
You agree that you are responsible for ensuring the accuracy, clarity, relevance and timely updating, as necessary, of the information provided and that we have no obligation to investigate the veracity of the information submitted. You understand, acknowledge and agree that inaccurate or outdated information may harm or prevent the performance of the Services and the use of the Platform.
You are co-responsible for ensuring that your Personal Data remains confidential. The sharing of logins, access passwords and other Personal Data that enable access to the Platform is a violation of this Privacy Policy and our Terms of Use.
Personal Data belonging to minors: LATITUD FORMATION does not intentionally collect Personal Data from persons under 18 years old. If LATITUD FORMATION discovers that any registration has been made by a minor, that registration may be immediately and permanently canceled and removed from the database with or without notice.
PURPOSES OF DATA COLLECTION AND PROCESSING
Your Personal Data are Processed by LATITUD FORMATION for the following purposes:
To provide adequate and effective services and support;
To incorporate an international corporate structure that, depending on the scope of the Services acquired by the User, the may include (i) the incorporation of a Cayman Islands holding company, an intermediate Delaware LLC and a local operating company (a Sociedade Limitada in the case of operations in Brazil); (ii) the incorporation of a Cayman Islands holding company and an intermediate Delaware LLC, and the flip of their own existing local operating company (a Sociedade Limitada in the case of operations in Brazil) to be wholly owned by the Delaware LLC; or (iii) the incorporation of a Delaware LLC and a local operating company. . If agreed by the User, we also share data with partners that provide key services needed by early-stage startups (e.g. bank accounts and accounting) to expedite their registration process;
To adapt the appearance and content of the Platform to the User's preferences, in order to provide faster, more pleasant and effective access;
To authenticate access to the Platform;
To provide adequate security and means of identification to the Services in case of improper or illegal use;
To solve related problems;
To keep Users informed about the Services, changes to the Terms of Use or the Privacy Policy, updates or improvements to websites, platforms and internet applications;
To check statistics; and
To provide and improve the Services and/or functionalities of the Platform.
DOES LATITUD FORMATION SHARE THE INFORMATION IT COLLECTS?
In order to provide the Services, LATITUD FORMATION may share certain Personal Data of Users with:
Service providers;
Law firms and paralegals;
Accounting firms;
Registries and public entities;
Notaries;
Translation service providers;
Private security companies and public authorities or agencies;
Credit analysis providers;
Payment and billing providers;
Automated messaging providers; and
Cloud data storage providers.
If legally required, LATITUD FORMATION may share information with public entities and authorities and/or third parties regarding requests for information related to criminal investigations and alleged illegal activities or for the fulfillment of legal duties.
In order to provide the Services, depending on the geographic area where the Users are located, certain Personal Data of the Data Subjects may be transferred to our Affiliates. Data Subjects are informed that when accessing, using or registering on the Platform from any country in which we operate, their Personal Data will be stored in our database or a third-party database, in Brazil or abroad. We will share Personal Data with third parties only if contractual protections and controls are in place to ensure that the recipient will adhere to this policy and in accordance with consent and other applicable authorizations. We will comply with restrictions and requirements that apply to the international transfer of Personal Data.
Personal Data may also be shared with third parties (a) for statistical purposes, provided the data is anonymized; and (b) for marketing communications, provided that said partners comply with the legislation in force and with this Privacy Policy.
We emphasize that the Users' Personal Data will not be transmitted to third parties, except (a) when necessary for the execution of the requested Services; (b) when the User expressly requests or consents to the sharing; (c) when requested by a competent authority in the exercise of its duties (including to investigate, prevent or take action related to illegal actions); (d) if required by law; or (e) for the purposes set out in the Terms of Use and in this Privacy Policy.
Sharing data with Processors. LATITUD FORMATION may hire third parties to assist in the provision of the Services. Such providers may be replaced at any time, at LATITUD FORMATION’s discretion, provided that adequate standards of data security and confidentiality are maintained.
Currently, User Personal Data is stored in cloud servers located in Brazil and abroad. USERS EXPRESSLY AUTHORIZE LATITUD FORMATION AFFILIATES TO ACCESS THEIR PERSONAL DATA FROM ANY TERRITORY.
Third Party Platforms. During the use of the Platform, you may use other services, channels, products and platforms provided, maintained and/or operated by third parties, used as channels or as a means of support for the Services , but without any relationship to LATITUD FORMATION (“Third Party Services”). Such Third Party Services may include, for example, payment platforms or communication and instant messaging apps. When LATITUD FORMATION Services use such Third Party Services, the processing of Personal Data will also be subject, in addition to this Privacy Policy, to the privacy policies and terms of use of such Third Parties, over which LATITUD FORMATION has no control, liability or interference.
While we try to work only with Third Parties that share our respect for your privacy, we encourage you to carefully review the policies applicable to such Third Party Services, as LATITUD FORMATION does not intervene in the relationship between you and such Third Parties and is not responsible for the use made by such Third Parties of the User's Personal Data entered on the Third Party platform.
Others. Personal Data may also be transferred to third parties, including as Controllers, in the following cases:
Change of control. Transfer of Personal Data may occur to and between our Affiliates and/or in the context of acquisition, sale, merger, corporate reorganization or any other change of control of LATITUD FORMATION. In this case, we will guarantee that any individual or legal entity who may access or assume control of the Personal Data processed under this Privacy Policy shall be bound by the terms hereof, ensuring that your Personal Data continues to be protected, and informing Users in advance, if such transfer implies any change in the Privacy Policy.
Exercise of rights through administrative, judicial or extrajudicial means. We may share Personal Data with third parties such as law firms, consultants, billing companies, accounting firms, and similar companies, for the purpose of exercising our own rights or to ensure compliance with and enforcement of this Privacy Policy and Terms of Use. We may also share Personal Data for the purposes of defending our interests and rights in any form of administrative, judicial, extrajudicial or arbitration proceeding
USERS RIGHTS
We provide tools for Users to exercise their legal rights over their Personal Data in all legally applicable cases, as described below.
Access to Personal Data. Users can access their Personal Data and request a copy of any Personal Data Processed by us;
Rectification of incomplete, inaccurate, or outdated data. Usersmay request that incomplete, inaccurate, or outdated Personal Data be rectified;
Anonymization, blocking, or elimination of data that is unnecessary, excessive, or processed in a manner that is noncompliant with the provisions of the Data Protection Law and the purposes described in this Privacy Policy or the Terms of Use;
Portability. Portability of the data to other providers of services or goods, through express request, observing trade and industrial secrets, through export tools on the Platform or upon request through the service channels set forth in this Privacy Policy;
Deletion of Personal Data. Users may request the deletion of their Personal Data through the service channels listed in this Privacy Policy. Deletion of Personal Data will entail the discontinuation of the Services;
Information on sharing of Personal Data. Users can request information about which public and private entities LATITUD FORMATION has shared their Personal Data with pursuant to this Policy;
Information about the possibility of not consenting. Under this Privacy Policy, Users shall be informed of the possibility of not consenting to the Processing of their Personal Data, as well as of the potential consequences of withholding consent, including whether any such withholding of consent may cause LATITUD FORMATION to be unable to provide the Services;
Revoke consent. Users may, at any time and at their discretion, revoke any consents previously given for the Processing of their Personal Data. Any processing of Personal Data carried out based on any such consent until such consent has been revoked, will remain valid.
Exercise of rights. To exercise any of your rights or to make any privacy-related request or question, please contact our data protection officer by email at demo@latitud.com.
Requests must contain, at a minimum, the name of the Data Subject, the right that you wish to exercise, details and specifications of the request, Tax No. or Individual Taxpayer Registration Number and the User's email address. LATITUD FORMATION reserves the right to request more information or documentation to substantiate the applicant's claims before responding to any request.
Consequences of data deletion. It is important to emphasize that, in some cases, complying with requests to delete Personal Data may cause LATITUD FORMATION to be unable to provide the Services. In such cases, a request to delete Personal Data will entail the immediate deactivation of the User's account on the Platform, with permanent loss of any Data entered on the Platform. After deleting such Personal Data, LATITUD FORMATION may continue to use the Data, in a non-individualized and anonymized manner, for the purposes set out in this Privacy Policy.
TO THE EXTENT PERMITTED BY APPLICABLE LAW OR REQUIRED BY ANY APPLICABLE COURT ORDER, LATITUD FORMATION MAY KEEP CERTAIN PERSONAL DATA STORED FOR A PERIOD NOT LESS THAN 6 SIX MONTHS AFTER YOUR DELETION REQUEST. SUCH DATA WILL NOT BE ANONYMIZED OR DESTROYED BY LATITUD FORMATION BEFORE THE COMPLETION OF THIS DEADLINE. LATITUD FORMATION WILL STORE YOUR REQUEST FOR EXCLUSION AND, PURSUANT TO THE MANDATORY LEGAL TERM OF STORAGE OF CERTAIN DATA, WILL PROVIDE THE DESTRUCTION OR ANONYMIZATION, AT LATITUD FORMATION'S SOLE DISCRETION, OF THE INFORMATION ABLE TO IDENTIFY THE USER.
IF THE USER REQUESTS THE DELETION OF INFORMATION, BUT REMAINS WITH ANY PENDING OBLIGATION WITH LATITUD FORMATION, THE USER’S INFORMATION WILL NOT BE DELETED AND WILL REMAIN STORED IN ORDER TO ENABLE THE RESOLUTION OF ANY PENDING OBLIGATIONS AND ANY APPROPRIATE ACTION.
DATA SECURITY
Safety. LATITUD FORMATION will do everything possible to keep Personal Data safe at all times and will adopt technical and administrative security and protective measures, compatible with the nature of Personal Data collected, used, stored or otherwise processed by LATITUD FORMATION, in accordance with appropriate market practices, to protect Personal Data from unauthorized access and from accidental or unlawful events of destruction, loss, change, communication or dissemination of such data.
BY ACKNOWLEDGING AND/OR USING THE PLATFORM, YOU EXPRESSLY UNDERSTAND AND ASSUME THIS RISK AND AGREE THAT LATITUD FORMATION SHALL NOT BE RESPONSIBLE FOR ANY LEAKAGE OR UNAUTHORIZED ACCESS OF PERSONAL DATA.
In circumstances where we become aware of any failure relating to your Personal Data that is under our control, we will notify you and the ANPD in writing, informing:
The nature of the Personal Data affected;
Data Subject information involved;
The technical and security measures used to protect Personal Data, subject to the protection of any commercial and industrial secrets;
The risks related to the incident; and
The measures that have been or will be taken to reverse or mitigate the effects of the breach.
Such security measures shall apply to the User's Personal Data only from the moment it is received by us and while such Personal Data remains in our custody. The operation and security of the device that the Users use to access the Platform, as well as third-party networks through which the data flows, are not the responsibility of LATITUD FORMATION.
Storage period. Personal Data will be kept for as long as necessary for the purposes listed in this Privacy Policy. This means, for example, that the Access Records will be stored for at least 6 (six) months, as required by law, or for a longer period, if so determined by court order. Other Personal Data will be kept for the period of limitation regarding civil liability, in order to allow the defense of LATITUD FORMATION in court, for example. LATITUD FORMATION adopts controls to ensure that Personal Data are kept only as long as they are in fact necessary, being discarded promptly as soon as the Processing has ceased or any legal retention hypothesis ceases to be applicable.
Deletion of Data. When we no longer need to use Personal Data, it will be removed from our systems and records or anonymized, so that the User can no longer be identified by the data. LATITUD FORMATION may retain some Personal Data to comply with legal or regulatory obligations, as well as to allow and guarantee the exercise of LATITUD FORMATION’s rights (for example, in judicial, administrative or arbitration proceedings). For purposes of auditing, security, fraud control and preservation of rights, LATITUD FORMATION may keep the data record history for a longer period in cases established by law, by regulatory rule or for the preservation of LATITUD FORMATION’s rights.
INTERNATIONAL TRANSFERS OF DATA
For as long as Users access, use or maintain their account on the LATITUD FORMATION Platform active, all information collected will be stored with a high standard of security on servers operated and controlled by LATITUD FORMATION and its Affiliates, or servers belonging to third parties, located in Brazil or abroad.
The User is hereby aware that LATITUD FORMATION may store their Personal Data on servers outside Brazil and/or use service providers that are not located in the Brazilian territory. In such cases, LATITUD FORMATION will observe the legal requirements for such international transfers, ensuring that the same level of security is applied to the processing carried out in the Brazilian territory. In any case, by accepting this Privacy Policy Users expressly consent to the international transfer of their Personal Data for the purposes of storage by cloud providers.
COOKIES
LATITUD FORMATION uses Cookies and similar technologies, such as pixels and tags, to ensure that the Services are in accordance with our quality standards.
Cookies only collect statistical data and will not be used for purposes other than those expressly provided for in this Privacy Policy.
What are Cookies and what are they used for?
A Cookie is a small file added to your device or computer to provide a personalized experience when accessing the Platform. LATITUD FORMATION may use Cookies for the following purposes:Necessary: Cookies that enable the use of the Platform and without which the Platform may not function properly. As such Cookies are necessary, the basis for their use is the performance of the agreement between LATITUD FORMATION and the User.
Functional: Cookies that activate additional functions or serve to provide access to certain specific sections of the Platform. The use of such Cookies is not absolutely necessary for the performance of the Services, but if you choose to disable them, you may have reduced functionalities. The use of such Cookies is based on your consent when activating such functions.
Performance: Cookies used to measure and improve the performance of a particular website and specific content contained on the webpage.
Social networks: The Platform uses social network plugins, which allow Users to access certain social networks directly from the Platform. In doing so, the Cookies used by such social networks may be stored in the User's browser. Each social network has its own privacy and personal data protection policy, and is responsible for the Personal Data collected and for the privacy practices adopted. Further information regarding how such social networks process Users’ Personal Data can be found on each social network’s privacy and data protection policy.
LATITUD FORMATION HAS NO CONTROL OR RESPONSIBILITY OVER THIRD PARTY WEBSITES AND WILL NOT BE HELD RESPONSIBLE FOR THE CONTENT, PRACTICES AND SERVICES OFFERED BY ANY THIRD PARTIES, NOR FOR THE PROCESSING OF YOUR PERSONAL DATA ON SUCH WEBSITES EVEN IF SUCH WEBSITES ARE LINKED TO LATITUD FORMATION’S PLATFORM.
Is it possible to limit the use of Cookies?
Browsers in general allow the collection of Cookies to be disabled. Therefore, if Users fail to change their browser's cookie collection policies, we will consider that such User does not object to the use of Cookies by the Platform.
CONTACT WITH LATITUD FORMATION
In case of doubts, suggestions, complaints or clarifications about this Privacy Policy or the processing of Personal Data by LATITUD FORMATION, or to request the exercise of any of the User rights described in this Privacy Policy or in the Data Protection Law, Users may contact us via e-mail at demo@latitud.com. We will be pleased to clarify any doubts and/or respond to your request.
PRIVACY POLICY UPDATES
Due to the continuous evolution of our activities, this Privacy Policy and the Terms of Use may be modified. We will send you notices about substantial changes and modifications to said documents by e-mail, or any other means that guarantee their receipt. In any case, we will never modify our policies or practices to make them less effective in protecting the Personal Data previously stored by Users. Users should check this page and review this Privacy Policy from time to time to ensure that they agree with any modifications.
If you continue to use the Platform after the release of a new version of the Privacy Policy, it will be understood that you are fully aware of and agree with the new terms applicable to the processing of Personal Data. If you do not agree with the changes to the Privacy Policy, you must refrain from using the Platform, and may request the cancellation of your account in accordance with the Terms of Use.