Terms and Conditions

ANPD – NATIONAL AUTHORITY FOR THE PROTECTION OF PERSONAL DATA: a public administration body responsible for overseeing, implementing, and supervising compliance with the National Policy for the Protection of Personal Data and Privacy throughout the national territory.

CONTROLLER: a natural or legal person responsible for decisions related to the Processing of Data Subject's Personal Data, which, in this case, is LATWAN.

PERSONAL DATA: any and all information that identifies or renders identifiable a natural person (individual).

SENSITIVE PERSONAL DATA: personal data about racial or ethnic origin, religious beliefs, political opinions, union membership, or membership in a religious, philosophical, or political organization, data concerning health or sexual life, genetic or biometric data, when linked to a natural person.

DATA PROTECTION OFFICER (DPO): a person appointed by the CONTROLLER to act as a communication channel between the CONTROLLER, the Data Subjects of personal data, and the ANPD.

IP ADDRESS: IP (Internet Protocol) number used to identify a device connected to the internet.

LGPD: Brazilian General Data Protection Law - Law No. 13,709/2018.

PROCESSOR: natural or legal person, public or private, who processes personal data on behalf of the CONTROLLER.

CONNECTION RECORDS: set of information regarding the date and time of the start and end of an Internet connection, its duration, and the IP address used by the terminal for sending and receiving data packets, among other information that allows the identification of the access terminal used by the internet user.

SERVICES: telecommunications services and/or value-added services (VAS) provided by LATWAN.

PROCESSING OF PERSONAL DATA: any and all operations carried out with personal data, such as collection, production, reception, classification, use, access, reproduction, transmission, distribution, processing, archiving, storage, elimination, evaluation, or control of information, modification, communication, transfer, dissemination, or extraction.

DATA SUBJECT: any natural person who is the subject of the personal data processing carried out by LATWAN or who uses the services contracted with LATWAN.

II - MANNER OF COLLECTING PERSONAL DATA

The DATA SUBJECT may provide personal data to LATWAN through the following methods:

(i) Completion of physical or electronic forms provided by LATWAN;
(ii) Through emails exchanged with LATWAN;
(iii) Via the web platform or customer portal provided by LATWAN;
(iv) Through messaging applications (such as WhatsApp and Telegram);
(v) By sending or delivering resumes, documents, technical and/or commercial proposals to LATWAN;

It is solely and exclusively the responsibility of the DATA SUBJECT to provide LATWAN with correct and complete information about their personal data.

LATWAN will collect the following personal data, provided spontaneously by the DATA SUBJECT, in order to identify, contact, provide or obtain services from the DATA SUBJECT, fulfill contractual or legal obligations, and exercise credit rights:

(i) Name;

(ii) Date of birth;

(iii) Identity Card (RG);

(iv) Individual Taxpayer Registry (CPF);

(v) Driver's License (CNH);

(vi) Phone number;

(vii) Email;

(viii) Address;

(ix) Company name, respective CNPJ (National Register of Legal Entities), and position/function held, if linked to any legal entity interested in contracting services provided by LATWAN or providing services to LATWAN.

If the DATA SUBJECT contracts the services provided by LATWAN, in addition to the aforementioned data, the following information may be collected from the DATA SUBJECT at the time of contracting:

(i) Identification document of the DATA SUBJECT with photo (Driver's License, professional document, Identity Card, Passport, National Identification Document – DNI, or other) for verification of provided data and signature validation;
(ii) Proof of address of the DATA SUBJECT;
(iii) Bank or credit/debit card information, depending on the chosen payment method by the DATA SUBJECT;
(iv) Copy of the constitutional documents of the company, if linked to any interested legal entity.

III - PURPOSES OF DATA COLLECTION

The personal data of the DATA SUBJECT are collected by LATWAN for the following purposes:

(i) Execution of preliminary procedures for entering into a contract or for the performance of contracts concluded with LATWAN;

(ii) Compliance with a legal or regulatory obligation when the processing is required by law;

(iii) Regular exercise of rights of LATWAN or third parties within the scope of judicial, administrative, or arbitration proceedings;

(iv) Credit protection (including judicial or extrajudicial collection measures);

(v) Pursuit of the legitimate interest of LATWAN, when authorized by law, for lawful purposes and aligned with the needs of using the services contracted by the DATA SUBJECT with LATWAN, in the following situations:

      (a) To confirm the identity of the DATA SUBJECT;

      (b) To send the DATA SUBJECT any communication or notification related to the contract or requested by the DATA SUBJECT;

      (c) To prevent possible fraud;

      (d) To address security incidents or any illegal practices;

      (e) To identify and rectify faults in the services provided by LATWAN;

      (f) To develop and distribute new products and services; (g) To understand the needs and preferences of the DATA SUBJECT and improve the services provided by LATWAN.

(vi) To send advertising and marketing materials of interest to the DATA SUBJECT, such as promotions and offers (when the DATA SUBJECT has not yet contracted services with LATWAN), in which case, express consent (authorization) of the DATA SUBJECT will be requested.

IV - SHARING OF COLLECTED DATA BY LATWAN

LATWAN may share the personal data of the DATA SUBJECT in certain situations, always in a transparent manner and aligned with the purposes set forth in this PRIVACY POLICY, including the contractual provision of the obligation to comply with and maintain the confidentiality and protection of personal data by the third parties with whom LATWAN shares them. The sharing of the DATA SUBJECT's data may be done with:

(i) Service providers for ancillary services (such as collection companies, call centers/telemarketing, technical installation services, remote and/or on-site technical support), information technology service providers (such as data hosting companies, payment gateways), acting as DATA PROCESSORS, in accordance with the purposes and treatment rules established by LATWAN;

(ii) Authorities and government agencies pursuant to any order, decree, ruling, decision, or rule issued by any judicial, legislative, or executive authority that requires such disclosure;

(iii) In the case of transactions and corporate changes involving LATWAN, in which the involved parties have an obligation to ensure the protection of personal data;

(iv) Among companies that are part of or will become part of LATWAN's economic group, for the purpose of facilitating the execution of the contract entered into or for the provision of services;

(v) For the regular exercise of rights of LATWAN or third parties within the scope of judicial, administrative, or arbitration proceedings.

LATWAN does not sell, transfer, or provide access to the DATA SUBJECT's personal data to third parties, except in the scenarios listed above.

INTERNATIONAL DATA TRANSFER

VII - DATA SUBJECT RIGHTS

The DATA SUBJECT is entitled to the following rights regarding their personal data:

(i) Confirmation of Data Processing Existence: The DATA SUBJECT has the right to inquire LATWAN about the existence of the processing of their personal data;

(ii) Access to Data: The DATA SUBJECT has the right to access the personal data being processed;

(iii) Request Data Rectification: The DATA SUBJECT has the right to request, at any time, the correction of incomplete, inaccurate, or outdated data;

(iv) Request Data Deletion: The DATA SUBJECT has the right to request the deletion of personal data processed with their consent from LATWAN's database, except in cases where LATWAN is obliged to retain them due to contractual, legal, or regulatory requirements.

(v) Request Data Anonymization: The DATA SUBJECT has the right to request the anonymization, blocking, or elimination of unnecessary or excessive personal data, or data processed in violation of the purposes outlined in the PRIVACY POLICY or applicable laws;

(vi) Request Data Portability: The DATA SUBJECT has the right to request the transfer of their personal data to another service or product provider;

(vii) Right to Information about Shared Data Use: The DATA SUBJECT has the right to obtain information about public and private entities with whom LATWAN has shared the data;

(viii) Right to Refuse Consent: The DATA SUBJECT has the right to obtain information about the possibility of not providing the consent requested by LATWAN when the processing is based on consent, and the consequences of refusing consent;

(ix) Right to Revoke Consent: The DATA SUBJECT has the right to withdraw consent regarding the processing of personal data based on consent, without affecting the legality of any processing carried out by LATWAN prior to the withdrawal.

VIII - SECURITY OF PERSONAL DATA

LATWAN adopts administrative and technical security and confidentiality practices to prevent and/or minimize risks related to the processing of the DATA SUBJECT's personal data, including misuse, leaks, alteration, or loss.

Despite the security and confidentiality efforts adopted by LATWAN, no software, data servers, application servers, data centers, internet networks, or telecommunications networks are immune to invasions or attacks by "hackers" or any other malicious agents.

Therefore, the DATA SUBJECT should assist LATWAN in maintaining procedures related to the security of their personal data.

If the DATA SUBJECT has registered a login and password to access the restricted/login area of any service provided by LATWAN, the DATA SUBJECT must keep the security of their personal data, refraining from transferring or informing third parties about the login and password to access the restricted/login area of any service provided by LATWAN. Similarly, the DATA SUBJECT should not remain logged in the restricted/login area of any service provided by LATWAN when not in possession of the electronic device used to access it.

In cases where the DATA SUBJECT suspects unauthorized use of the login and password to access the restricted/login area of the service provided by LATWAN, or in the event of loss, theft, or robbery of the electronic device used by the DATA SUBJECT to access the restricted/login area or any service, or if the DATA SUBJECT suspects or becomes aware of any fact compromising the security of their data, they must immediately contact LATWAN through the channels indicated in this PRIVACY POLICY so that appropriate measures can be taken.

LATWAN does not contact the DATA SUBJECT requesting personal information such as credit card details or passwords.

When the DATA SUBJECT contacts LATWAN, whether through the Subscriber Support Center or other available means and channels, some personal data may be requested to confirm the DATA SUBJECT's identity and prevent fraud or illicit practices.