Latitud Go

Privacy policy

Updated on: August 26, 2021

PLEASE READ THIS PRIVACY POLICY AND TERMS OF USE CAREFULLY BEFORE USING THE PLATFORM. BY USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PRIVACY POLICY AND AGREE TO BE COMMITTED TO IT. PLEASE DO NOT USE OUR WEBSITE, OUR INTERNET APPLICATIONS OR CONTRACT OUR SERVICES IF YOU DO NOT AGREE TO ANY OF THE PROVISIONS OF THIS PRIVACY POLICY.

LATITUD GO respects and cares for the privacy of data provided by data subjects, and seeks to be transparent and provide clear information about the processing of personal data. We are committed to ensuring the confidentiality of your information. The processing of your Personal Data aims, above all, to provide a better and more personalized service. The more the Data Subjects interact with us, the more they inform us and the more we are able to offer them personalized services.

By using our Services and our Platform, you declare that you have read and expressly consent to all provisions of this Privacy Policy, in particular to the manner and purpose for which Personal Data are treated, as well as any transfer of Personal Data provided for in this Policy of Privacy. Likewise, you declare that you have read and agree with the Latitud Go Terms of Use available at here.

DEFINITIONS

Capitalized terms used in this Privacy Policy shall have the meaning defined below:

  • “Controller”. Individual or legal entity, whether public or private, who/which is responsible for decisions regarding the processing of personal data;

  • “Independent Controllers”. Two or more individuals or legal entities with decision-making power over the Processing of Personal Data, each Controller separately and independently defining the purposes and methods of Processing, each answering for the Processing carried out in its sphere of action;

  • "Cookies". Navigation files that temporarily store what the User is visiting on a particular website or application;

  • “Anonymized Data”. Data relating to a data subject that cannot be identified, considering the use of reasonable technical means available at the time of processing;

  • “Sensitive Personal Data”. Personal data on racial or ethnic origin, religious belief, political position, membership in a trade union or affiliation to religious, philosophical, or political organization, data concerning health or sexual life, genetic or biometric data, when linked with an individual;

  • “Personal Data”. Information relating to an identified or identifiable individual;

  • “Data Protection Law”. 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 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.

  • “Processor”. Individual or legal entity, whether public or private, who/which processes personal data on behalf of the Controller;

  • “LATITUD GO Platform”, “Platform” or “We”. Platform aimed at helping Users from Latin America to dissolve borders and elevate its companies to a world stage by receiving companies’ information, forming holding companies abroad and opening local companies in the Users’ countries. The Platform does not provide legal services but help Users by introducing them to legal firms;

  • “Data Subject”. Individual to whom the personal data that are the subject of processing refer.

  • “Processing”. Any operation performed with personal data, such as those that concern the collection, production, reception, classification, use, access, reproduction, transmission, distribution, processing, filing, storage, elimination, evaluation or information control, modification, communication, transfer, dissemination, or extraction;

  • “User” or “You”. Capable and natural person over 18 (eighteen) years old, who may or may not be accessing the Platform on behalf of a legal entity, and access the Platform in order to enjoy the features and services offered therein upon acceptance to the Terms of Use and to this Privacy Policy;

  • “Data Breach”. Violation of information security that leads to accidental or illegal destruction, loss, alteration, disclosure or unauthorized access to Personal Data transferred, store or otherwise processed by Latitud Go.

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?

When using the Platform, Users must provide information for registration, use of the Platform and for LATITUD GO to be able to provide its services:

  1. Information that Users provide us directly:

    • To register on the LATITUD GO Platform and use our services, some of the User’s Personal Data are collected, among which are 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, founders, co-founders, quotas and payment information. We may also request a passport photo and proof of address.

    • User Generated Content: we may process Personal Data through information entered on the Platform or through comments, criticisms, compliments, suggestions, feedback, or testimonials sent about the Platform or about the services provided by LATITUD GO.

    • Other data may be collected according to new features developed by LATITUD GO and the information may vary according to the services provided by LATITUD GO.

  2. Information that Users provide us indirectly:

    • Data generated by using the Platform: LATITUD GO collects data derived from the use of the Platform by the User each time the User interacts with the Platform, request services and input information. The data generated by using the Platform includes, among others, information provided by the User, how the User interacts with the Platform and User preferences in general.

    • Data Collected through "Cookies": LATITUD GO uses Cookies and electronic device identifiers (such as SDKs, web beacons, among others) when you use the Platform. These technologies facilitate the Users' navigation and allow the carrying out of statistical analysis of the use of the Platform and the offering or development of functionalities by LATITUD GO, but they can also allow the identification of devices, browsers and User profiles. LATITUD GO 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. The User may manage their privacy options directly in the privacy policies of such third party companies.

    • Information Provided by Third Parties: if the User accesses the LATITUD GO Platform through products offered by third parties or through links provided on the pages of third parties, such as Google, these may send the User's browsing data to LATITUD GO. This information may be associated with other information collected by LATITUD GO or provided by Users and used in the situations and for the purposes described in this Privacy Policy. In this case, only the information collected directly by LATITUD GO about the User and the result of this combination is 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 by LATITUD GO partner companies during the provision of services: LATITUD GO interacts with other companies, lawyers, registries and notaries, in Brazil and abroad (“LATITUD GO Partners”), in order to provide services to the User. For the purpose of providing the services, User information will be sent by LATITUD GO to this LATITUD GO Partners, received by the LATITUD GO Partners and processed.

Periodically, LATITUD GO may request the updating of the Identification, Enrollment and Registration Data.

The User is solely responsible for ensuring the accuracy, clarity, relevance and timely updating of the information provided, as necessary, and LATITUD GO has no obligation to investigate the veracity of the information submitted. The User acknowledges and agrees that inaccuracies or outdated information may harm or prevent the execution of services.

The User is co-responsible for the confidentiality of his Personal Data. The sharing of logins, access passwords and other Personal Data that enable access to the Platform violates this Privacy Policy and our Terms of Use.

Personal Data by minors. LATITUD GO does not intentionally collect Personal Data from persons under 18 years old. If LATITUD GO 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

Users’ Personal Data are Processed by LATITUD GO for the following purposes:

  • Provide adequate and effective services and support;

  • Arrange an offshore structure accepted by most VC funds: a Cayman Islands holding company, an intermediate Delaware LLC and a local operating company (LTDA for Brazil). 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.

  • Adapt the appearance and content to the User's preferences, in order to provide faster, more pleasant and effective access;

  • Authenticate accesses;

  • Provide adequate security and means of identification to the services offered in case of improper or illegal use;

  • Solve problems;

  • 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;

  • Check statistic information;

  • Provide and improve the services provided to Data Subjects; and

  • Improve the services and/or functionalities of the Platform.

LATITUD GO is the Controller of Personal Data in relation to the provision of the Platform, provision of Services, data analysis for purposes of internal product development and management of the Platform. For the purposes of the applicable law, “Controller” is the natural or legal person who is responsible for decisions regarding the Processing of Personal Data.

DOES LATITUD GO SHARE THE INFORMATION IT COLLECTS?

For the correct development of the contractual relationship and excellence in the provision of the services, as well as for its legitimate interest, LATITUD GO may share certain Personal Data of Users with:

  • Service Providers;
  • Lawyers;
  • Registries;
  • Notaries;
  • Private security companies and public authorities or agencies;
  • Upon legal requirement, LATITUD GO 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;
  • Credit analysis companies;
  • Payment and billing companies;
  • Companies that assist LATITUD GO in sending messages to Users in an automated way; and
  • Cloud data storage companies.

In order to provide services, depending on the geographic area where the Users are located, certain Personal Data of the Data Subjects may be transferred to the Affiliates of LATITUD GO. Data Subjects are informed that when accessing, using or registering on the Platform from any country in which LATITUD GO operates, their Personal Data will be stored in the LATITUD GO database or third party database, in Brazil or abroad. In these cases, the international transfer of Personal Data will be carried out in accordance with the applicable law.

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 functions (including to investigate, prevent or carry out acts related to illegal actions); (d) if required by law; or (e) for purposes set out in the Terms of Use and in this Privacy Policy.

Shared data with Processors. LATITUD GO may hire third parties to assist in the provision of its services. These providers, however, can be replaced at any time, provided that adequate standards of data security and confidentiality are maintained.

Currently, User Personal Data is stored at Cloud servers located in Brazil and abroad. USERS EXPRESSLY AUTHORIZE LATITUD GO AFFILIATES TO ACCESS THEIR PERSONAL DATA FROM ANY TERRITORY.

Platforms. During the use of the Platform, the User may use other services, channels, products and platforms provided, maintained and/or operated by third parties, used as channels or means of support for the services provided by LATITUD GO, but without any relationship with LATITUD GO (“Third Party Services”). These Third Party Services may include, for example, payment platforms, communication and instant messaging apps, including, but not limited to, the “WhatsApp” platform. When LATITUD GO 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, to which LATITUD GO does not have control, liability or interference.

We encourage the Users to inform themselves about the policies applicable to such Third Party Services, as LATITUD GO does not intervene in the relationship between the User 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. In addition to the hypothesis already mentioned in this Privacy Policy, Personal Data may also be transferred to third parties, including as Controllers, in the following cases:

New business. Transfer of Personal Data may occur to and between Affiliates of LATITUD GO and/or in the context of acquisition, sale, merger, corporate reorganization or any other change of control of LATITUD GO. In this case, LATITUD GO will guarantee that the individual or legal entity who access or assume control over the Personal Data processed under this Privacy Policy are also bounded to it, ensuring the continuity of the protection of Personal Data, and informing Users, in advance, if this transfer implies any change in the Privacy Policy.

Regular exercise of rights through administrative, judicial or extrajudicial means. LATITUD GO may share Personal Data with third parties such as law firms, consultants, billing companies, accounting firms, and similar companies, for the purpose of exercising its own rights or to ensure compliance and enforcement of this Privacy Policy and Terms of Use. LATITUD GO may also share Personal Data for the purposes of administrative, judicial, extrajudicial or arbitration defense of LATITUD GO's interests and rights. This can include extrajudicial negotiations between the parties, judicial or arbitration proceedings, administrative proceedings, among others.

USERS RIGHTS

LATITUD GO provides tools for Users to exercise their legal rights over their Personal Data. In this item we will describe these rights and how Users can exercise them.

  1. Access to Personal Data. Users can access their Personal Data and request a copy of the Processed Data;

  2. Rectification of incomplete, inaccurate, or outdated data;

  3. Anonymization, blocking, or elimination of data that is unnecessary, excessive, or processed noncompliant with the provisions of the Data Protection Law and the purposes described in this Privacy Policy or the Terms of Use;

  4. 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 by request through the service channels indicated in this Privacy Policy;

  5. Deletion of Personal Data. Users may request the deletion of their Personal Data processed by LATITUD GO by requesting through the service channels indicated in this Privacy Policy. Deletion of Personal Data implies the discontinuation of service provisions by LATITUD GO.

  6. Sharing information. Users can request information about which public and private entities LATITUD GO has shared their Personal Data with pursuant to this Policy;

  7. Information about the possibility of not consenting. Users receive, through this Privacy Policy, information about the possibility of not consenting to the Processing of Personal Data and potential consequences of not doing so, including in relation to the impossibility by LATITUD GO to provide its services;

  8. Revoke consent. Users may, at any time and at their discretion, revoke the consent previously provided for the Processing of Personal Data. The processings carried out based on it, until such time, will remain valid.

Exercise of rights. The rights mentioned above and others provided for in the applicable legislation can be exercised by the Data Subject directly by the Platform or by means of a request addressed to the e-mail demo@latitud.com. Requests must contain, at a minimum, the name of the Data Subject, the right to be exercised, details and specifications of the request, Tax No. or Individual Taxpayer Registration Number and the User's email address. LATITUD GO reserves itself the right to request other information or documents to substantiate the applicant's claims.

Consequences of data deletion. It is important to emphasize that, in some cases, when complying with any requests for exclusion, which, when possible, will be informed to Users, LATITUD GO will not be able to provide its services. Thus, the request to delete Personal Data will imply the immediate deactivation of the User's account on the Platform, with permanent loss of any Data entered on the Platform. After deleting these Personal Data, LATITUD GO may continue to use the Data, in a non-individualized and anonymized manner, that is, without any personal identification, for the purposes set out in this Privacy Policy.

TO THE EXTENT PERMITTED BY THE APPLICABLE LAW OR COMPLIANCE WITH A COURT ORDER, LATITUD GO 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 GO BEFORE THE COMPLETION OF THIS DEADLINE. LATITUD GO 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 GO'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 GO, THE USER’S INFORMATION WILL NOT BE DELETED AND WILL REMAIN STORED IN ORDER TO ENABLE THE RESOLUTION OF THE PENDING OBLIGATIONS AND THE ADOPTION OF APPROPRIATE MEASURES.

SECURITY OF DATA

Safety. LATITUD GO 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 GO, in accordance with appropriate market practices.

Exceptions. However, no method of transmitting or retaining electronic data is completely secure and may be subject to attacks. Thus, LATITUD GO cannot guarantee that such security measures are error-free or that they are not subject to interference from third parties (hackers, among others). By its nature, despite LATITUD GO's best efforts, any security measure may fail and any Personal Data may be exposed to the public.

BY ACKNOWLEDGING AND/OR USING THE PLATFORM, YOU EXPRESSLY UNDERSTAND AND ASSUME THIS RISK AND AGREE THAT LATITUD GO SHALL NOT BE RESPONSIBLE FOR ANY LEAKAGE OR UNAUTHORIZED ACCESS OF PERSONAL DATA.

In the event of a security breach on the Platform, the Data Subject and the National Data Protection Authority (ANPD) will be notified of the existence of such an incident, and LATITUD GO will inform:

  1. The nature of the Personal Data affected;
  2. Data Subject information involved;
  3. The technical and security measures used to protect Personal Data, respected the commercial and industrial secrets;
  4. The risks related to the incident; and
  5. The measures that have been or will be taken to reverse or mitigate the effects of the breach.

The above described security measures apply to the User's Personal Data only from the moment LATITUD GO receives them and while keeping them in 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, is not the responsibility of LATITUD GO.

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 requested by the Data Subject or 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 GO in court, for example. LATITUD GO adopts controls to ensure that Personal Data are kept only as long as they are in fact necessary, being discarded whenever the Treatment is ceased or any legal retention hypothesis is not 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 GO may retain some Personal Data to comply with legal or regulatory obligations, as well as to allow and guarantee the regular exercise of LATITUD GO’s rights (for example, in judicial, administrative or arbitration proceedings). For purposes of auditing, security, fraud control and preservation of rights, LATITUD GO may keep the data record history for a longer period in cases established by law, by regulatory rule or for the preservation of LATITUD GO’s rights.

INTERNATIONAL TRANSFER OF DATA

For as long as Users access, use or maintain their account on the LATITUD GO Platform active, all information collected will be stored with a high standard of security on their own servers, on servers operated and controlled by LATITUD GO, or servers from third parties, located in Brazil or abroad.

The User is hereby aware that LATITUD GO may store their Personal Data on servers outside Brazil and/or use service providers that are not located in the Brazilian territory. In these cases, LATITUD GO will observe the legal requirements for such international transfers, ensuring the same level of security applied to the processing carried out in the Brazilian territory. In any case, by accepting this Privacy Policy the User expressly consents with the international transfer of its Personal Data for the purposes of storing it by cloud providers.

COOKIES

LATITUD GO uses Cookies and similar technologies, such as pixels and tags, to assure that the services provided 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? Cookie is a small file added to your device or computer to provide a personalized experience when accessing the Platform. LATITUD GO may use Cookies:

Necessary: Cookies that enable the use of the Platform and without which the Platform may not function properly. As such Cookies are necessary, they are used based on the execution of the contract between LATITUD GO 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 use of the service, but if you choose to disable them, you may have reduced functionalities, so the use of these 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 accessing them from the Platform. Thus, in doing so, the Cookies used by them may be stored in the User's browser. Each social network has its own privacy and personal data protection policy, and the individuals or legal entities that hold them are responsible for the Personal Data collected and for the privacy practices adopted. The User can search, along social networks, for information on how their Personal Data are processed.

LATITUD GO DOES NOT HAVE ANY CONTROL OR RESPONSIBILITY OVER THE THIRD-PARTY WEBSITES AND WILL NOT BE RESPONSIBLE FOR THE CONTENT, PRACTICES AND SERVICES OFFERED BY ANY THIRD PARTIES, NOR FOR THE PROCESSING OF YOUR PERSONAL DATA ON THESE WEBSITES EVEN IF SUCH WEBSITES ARE LINKED TO LATITUD GO’S PLATFORM.

Is it possible to limit the use of Cookies? Browsers in general allow the collection of Cookies to be disabled. Therefore, if the User does not change its browser's cookie collection policies, we will consider that the User does not object to the use of Cookies by the Platform.

CONTACT WITH LATITUD GO

In case of doubts, suggestions, complaints or clarifications about this Privacy Policy or the processing of Personal Data by LATITUD GO, or to request the exercise of any of the rights described in this Privacy Policy or in the Data Protection Legislation, the User may contact LATITUD GO via e-mail: demo@latitud.com. LATITUD GO will be pleased to clarify any doubts and/or respond to your request.

PRIVACY POLICY UPDATES

Due to the continuous evolution of LATITUD GO's activities, this Privacy Policy and the Terms of Use may be modified. LATITUD GO will send Users notices about substantial changes and modifications to said documents by e-mail, or any other means that guarantee their receipt. In any case, LATITUD GO will, in no case, modify the policies or practices to make them less effective in protecting the Personal Data previously stored by Users. The User should check this page and review this Privacy Policy periodically to ensure that it agrees with the modifications.

If the User continues to use the Platform and/or does not object to the changes and new terms informed by LATITUD GO after the release of the new version of the Privacy Policy, it will be understood that the User is fully aware of and agrees with the new terms applicable to the processing of Personal Data. If the User does not agree with the changes to the Privacy Policy, it must refrain from using the Platform, and may request the cancellation of the account in accordance with the Terms of Use.