Privacy Policy - Omelete Company
Omelete Company

General information and definitions

Omelete Company is a business group made up of several companies in the entertainment industry and values the privacy of its users and has created this Privacy Policy to demonstrate its commitment to protecting your privacy and your personal data, under the terms of the General Data Protection Law and other laws on the subject, as well as to transparently describe how your privacy is protected by Omelete Company when collecting, processing and storing your personal information.

 

1.1 Definitions

User: all natural persons who will use or visit the Site(s) and/or Application(s), over eighteen (18) years of age or emancipated and fully capable of performing the acts of civil life or those absolutely or relatively incapable duly represented or assisted.


Personal Data:
means any information provided to and/or collected by Omelete Company and/or its group companies, by any means, even if public, which: (I) identifies, or which, when used in combination with other information processed by Omelete Company identifies an individual; or (II) through which the identification or contact information of an individual can be derived. Personal Data may be in any media or format, including electronic or computerized records, as well as paper-based files. Personal Data, however, does not include business telephone number, business cell phone number, business address, business e-mail address.


Data processing:
Any operation carried out with personal data, such as those relating to the collection, production, reception, classification, use, access, reproduction, transmission, distribution, processing, archiving, storage, deletion, evaluation or control of the information, modification, communication, transfer, dissemination or extraction;


Purpose:
the objective, the purpose that Omelete Company wishes to achieve from each act of processing personal information.


Necessity:
Justification why it is strictly necessary to collect personal data, in order to achieve the purpose, avoiding excessive collection.


Legal bases:
Legal grounds that make it legitimate for Omelete Company to process personal data for a specific prior purpose.


Consent:
Express and unequivocal authorization given by the User who is the holder of the personal data for Omelete Company to process their personal data for a previously described purpose, in which the necessary legal basis for the act requires the express authorization of the holder.


Websites:
These are the Internet pages of companies belonging to the Group and managed by Omelete Company to which this Privacy Policy applies, namely:

This policy applies, in general, to all Users and potential Users of the services offered by the companies that make up Omelete Company, including Users of the WEBSITES or other means operated by Omelete Company and summarizes how Omelete Company, through such sites, may collect, produce, receive, classify, use, access, reproduce, transmit, distribute, process, archive, store, delete, evaluate or control the information, modify, communicate, transfer, disseminate or extract the data collected, including personally identifiable information, in accordance with the applicable legal bases and all privacy and data protection laws in force.

By accessing and/or using the Omelete Company websites, the User declares to be at least 18 (eighteen) years old and to have full and express capacity to accept the terms and conditions of this Privacy Policy and the Consent Form for all legal purposes, or to be authorized by a guardian to do so.

If the User does not fit the above description and/or does not agree, even in part, with the terms and conditions contained in this Privacy Policy, he/she should not access and/or use the services offered by Omelete Company as well as the websites and services operated by it.

 

  1. Collection and use of personal information

The User is aware that he/she provides information knowingly and voluntarily by filling in the registration form, or through the websites operated by Omelete Company.

When the User registers and/or fills in forms offered by Omelete Company, or browses its platforms and Sites, certain Personal Data requested will be kept confidential and will only be used for the purpose that motivated the registration, according to the Table of purposes below:


Table of purposes:

Environment

Category of Personal Data

Purpose

Legal basis

Home sites

E-mail

In order to access content and receive informational and/or promotional material, Omelete Company will need the User to provide his/her e-mail address. Omelete Company and its companies will send e-mail marketing to Users who provide this information. The Personal Data collected will not be used to send any type of SPAM, but only for targeted marketing.

Legitimate interest of the controller.

Login (SSO)

(single account login to access several different services and products from the participating Omelete Company companies)

Full Name

E-mail

Password

Phone

CPF

Date of birth

Sex

Data required for login and interaction in the platform environment, as well as allowing the personalization of the user experience through the delivery of segmented content recommendations based on the mapping of their previous interactions and interests.

Contract execution
e
Legitimate interest of the controller

Payment environment

Credit card details and confirmation of registration data and other means of payment such as PIX

Data needed to process payments. To do this, the payment data will be registered with the third-party company responsible for processing the payment.

Execution of the contract

Prospecting companies as clients for partnerships or services

Corporate e-mail


Phone

In order to prospect for corporate clients (companies), the Group uses searches and tools to locate contacts made available by the company itself for the purpose of being contacted, in particular emails or telephone numbers without personal identification, but rather for specific sectors of the company. However, companies may occasionally provide the corporate email address of a professional responsible for the sector or for receiving company contacts, or even redirect contacts via automatic messages. This data is processed for the sole purpose of establishing contact with the company for the presentation of business opportunities linked to the Group.

Legitimate interest of the controller

Browsing websites and using platforms 

Behavioral data

There is the installation of technological functionalities by means of so-called cookies and pixels and other algorithms to capture user browsing information and user interests, either for the elaboration of advertising targeted to the user's interest according to their browsing and profile and also for the personalization of the user experience by means of a recommendation engine with content in line with their previous interests. 

Legitimate interest of the controller

 


Automatic data collection
When you access our site, some information is automatically collected in order to improve the browsing experience and flow, to carry out market intelligence analysis, such as the city of origin of the access, system used, site of origin, pages visited, time and duration of the visit, equipment used, among other behavioral information so that specific advertising can be targeted according to the user's interest, as well as to analyze the quality of the event, areas of greatest interest and other data that make it possible to improve the functionalities to be offered to users.

Please note that no personal data, i.e. data that identifies or allows the identification of users, is collected automatically or without the user's consent. Automatically collected data does not allow identification of the user present on the site and will not be used for this purpose. Automatically collected information is generally stored in the user's browser in the form of cookies.

Blocking cookies may impair the user experience when using our website.

  1. Sharing and processing personal information.

Omelete Company will not make Personal Data collected on its websites available to email list brokers without your express consent.

The Omelete Company is a business group made up of several companies/brands, such as Omelete, CCXP, Gaules, The Enemy, BIG (Gamescom LATAM), Baiano, GameXP and Chippu (more information at www.omeletecompany.com/sobre) and for this reason, when you provide or your personal data is collected directly by any of the companies in the Group, you also allow it to be shared with the companies that make up that business group and you may receive news, information, promotions or other product or service announcements from them.

You can withdraw this consent at any time in the future by unsubscribing from any messages received by these companies or by contacting dpo@omeletecompany.com;

Omelete Company may disclose the Personal Data collected to third parties in the following situations and within the limits required and authorized by law:

  1. With its clients and partners when necessary and/or appropriate for the provision of related services; such as for use in Artist search filters during the event... 
  2. With companies and individuals contracted to perform certain activities and services on behalf of Omelete Company;
  3. With group companies;
  4. With suppliers and partners for the services contracted with Omelete Company (such as information technology, accounting, among others);
  5. For administrative purposes such as research, planning, service development, security and risk management.
  6. When necessary as a result of a legal obligation, determination by a competent authority, or court decision.

In the event that Personal Data is shared with third parties, all subjects mentioned in items I to VI must use the Personal Data shared in a consistent manner and in accordance with the purposes for which it was collected and in accordance with what has been determined by this Privacy Policy, other website or country privacy statements, and all applicable privacy and data protection laws.

 

  1. Legal reasons for disclosing your data

Under certain circumstances, Omelete Company may disclose Personal Data, to the extent necessary or appropriate, to government agencies, consultants and other third parties for the purpose of complying with applicable law or a court order or subpoena, or if Omelete Company believes in good faith that such action is necessary to:

 

  1. Comply with legislation requiring such disclosure;
  2. To investigate, prevent or take action in relation to suspected or actual illegal activities or to cooperate with public bodies or to protect national security;
  3. Execution of your contracts;
  4. Investigate and defend itself against any third party claims or allegations;
  5. Protecting the security or integrity of services (for example, sharing with companies that are suffering similar threats);
  6. Exercise or protect the rights, property and safety of Omelete Company and its affiliated companies;
  7. Protect the rights and personal safety of its employees, users or the public;
  8. In the event of sale, purchase, merger, reorganization, liquidation or dissolution of Omelete Company.

Omelete Company will notify the respective Users of any legal demands that result in the disclosure of personal information, in accordance with the terms set forth in item 4, unless such notification is prohibited by law or prohibited by court order, or if the request is an emergency. Omelete Company may contest these demands if it deems that the requests are excessive, vague or made by incompetent authorities.

 

  1. Security of personal information

All Personal Data will be stored in Omelete Company's database or in databases maintained "in the cloud" by employees of specific internal sectors and/or service providers contracted by Omelete Company, which are duly compliant with current data legislation.

Omelete Company and its suppliers use various security procedures to protect the confidentiality, security and integrity of your Personal Data, including encryption of data in transit, preventing the occurrence of any damage as a result of data processing.

Although Omelete Company uses security measures and monitors its system for vulnerabilities and attacks to protect your Personal Data from unauthorized disclosure, misuse or alteration, you understand and agree that there is no guarantee that the information will not be accessed, disclosed, altered or destroyed by breach of any of the physical, technical or administrative safeguards.


  1. Data retention

Omelete Company has a Personal Data retention policy in line with applicable law. Personal Data is stored only for as long as is necessary to fulfill the purposes for which it was collected, unless there is any other reason for retaining it, such as compliance with any legal, regulatory, contractual or other obligations permitted under the law.

A technical analysis is always carried out to determine the appropriate retention period for each type of Personal Data collected, taking into account its nature, the need to collect it and the purpose for which it will be processed, as well as any retention needs for the fulfillment of obligations or the safeguarding of rights.


  1. Legal bases for processing

Omelete Company only processes Personal Data in situations where it is legally authorized to do so or with the User's express and unequivocal consent.

As described in this Policy, Omelete Company has legal bases for collecting, producing, receiving, classifying, using, accessing, reproducing, transmitting, distributing, processing, archiving, storing, deleting, evaluating or controlling information, modifying, communicating, transferring, disseminating or extracting data about the User.

The legal bases include your consent (collected expressly and unequivocally in the Consent Form), contracts and preliminary contractual procedures (where processing is necessary to enter into the contract with the User) and legitimate interests, provided that such processing does not violate your rights and freedoms, as can be seen in the Purposes Table.

Such interests include protecting the User and Omelete Company from threats, complying with applicable law, the regular exercise of rights in judicial, administrative or arbitration proceedings, enabling the conduct or administration of business, including quality control, reporting and services offered, managing business transactions, understanding and improving business and customer relationships, and enabling Users to find economic opportunities.

The User has the right to deny or withdraw the consent provided to Omelete Company, when this is the legal basis for processing personal data, and Omelete Company may terminate the provision of its services to this user in the event of such a request.

If you have any questions about the legal bases for collecting, processing and storing your personal data, please contact Omelete Company and its Data Protection Officer at dpo@omeletecompany.com.


  1. Right to access and control your personal data

Omelete Company offers the User several options of what to do with his/her Personal Data collected, processed and stored, including its deletion and/or correction. The User may:

  1. Deleting data: the User can request the deletion of some of their Personal Data (for example, if it is no longer necessary to provide them with the services).
  2. Changing or correcting data: Users can edit or request the editing of some of their Personal Data. The User may also request updates, changes or corrections to their data in certain cases, particularly if they are incorrect
  3. Object to, limit or restrict the use of data: you may request that we stop using all or some of your Personal Data (for example, if we do not have the right to continue using it), or limit our use of such data (for example, if your Personal Data is incorrect or stored illegally), noting that Omelete Company may process Personal Data in accordance with the legal bases listed in the Purposes Table
  4. The User has the right to access or take his/her data: the User may request a copy of his/her Personal Data and the data that the User has provided in a legible format in printed form or by electronic means.

The User may make the requests listed above by contacting our Data Protection Officer at dpo@omeletecompany.com and these requests will be considered in accordance with applicable laws.

The Data Controller may retain the data, not fully complying with requests for changes or deletions when there are, in accordance with article 16 of the LGPD, reasons for its retention, such as the need to comply with legal, contractual or regulatory obligations or for statistical purposes or to safeguard the rights of the Data Controller.


  1. Revisions to the policy

If Omelete Company modifies this Privacy Policy, such changes will be posted visibly on the Omelete Company website. This Policy is valid as of 09/10/2019. If the User has any questions regarding the privacy policies of the website, please contact Omelete Company, through the addresses below/call center of the Data Protection Officer.


  1. Contact us

The User may contact the DPO Data Protection Officer ("DPO") at the following physical address or via e-mail at dpo@omeletecompany.com.br.


  1. Mediation and Choice of Court

This policy is subject to the Law of the Federative Republic of Brazil and the São Paulo District Court has jurisdiction to settle any dispute relating to it.

In the event of an incident involving Personal Data, Omelete Company hereby reserves the right to appoint JUSPRO - Justiça Sem Processo Mediação e Conciliação S/S Ltda., as a Mediation Chamber capable of settling issues involving Users who are data subjects, under the terms of article 52, §7 of the General Data Protection Law.