Data Privacy Policy.

1. General information, interpretation and definitions

Yup Chat 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 Law of Data Protection and other laws on the subject, as well as describe how your privacy is protected by YUP CHAT when collecting, treating and storing your personal information. YUP CHAT recognizes the importance of the privacy of personal data and, in compliance with the General Law of Personal Data Protection - LGPD, wants you to be familiar with the way your data is collected, stored and treated. This Privacy Policy describes the practices adopted regarding data collected in printed or digital forms through the website, members, service providers and/or applications for mobile devices, operated and controlled by YUP CHAT. By providing your personal data to YUP CHAT, you accept the terms and conditions of this Privacy Policy.

1.1 Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

1.2 Definitions

For the purposes of this Privacy Policy:

• Account means a unique account created for You to access our Service or parts of our Service.
• Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Application means the software program provided by the Company downloaded by You on any electronic device, named Yup Chat
• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Yup Chat, Av. São João, 473, Loja 03, Centro, Peruíbe, SP, Brasil.
• Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
• Country refers to: Brazil
• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
• Personal Data is any information that relates to an identified or identifiable individual.
• Service refers to the Application or the Website or both.
• Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
• Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
• Website refers to Yup Chat, accessible from https://yup.chat
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

User: all individuals who will use or visit the Site (s) and / or Application (s), over 18 (eighteen) years old or emancipated and fully capable of practicing the acts of civil life or absolutely or relatively disabled persons duly represented or assisted. Personal Data: means any information provided and / or collected by YUP CHAT and / or its affiliates, by any means, even if public, which: (I) identifies, or which, when used in combination with other information handled by YUP CHAT, identifies an individual; or (II) through which the identification or contact information of an individual can be derived. Personal Data can be in any medium or format, including electronic or computerized records, as well as paper-based files. Personal Data, however, does not include a business phone, business cell phone number, business address, business email.

• Purpose: the objective, the purpose that YUP CHAT wishes to achieve from each act of processing personal information.
• Necessity: justification for which it is strictly necessary to collect personal data, in order to achieve the purpose, avoiding excessive collection.
• Legal basis: legal basis that makes the processing of personal data for a given prior purpose legitimate by YUP CHAT.
• Consent: express and unequivocal authorization given by the User who holds the personal data so that YUP CHAT can treat his personal data for a previously described purpose, in which the legal basis necessary for the act requires the express authorization of the holder.

This policy applies, in general, to all Users and potential Users of the services offered by YUP CHAT, including Users of the sites or other means operated by YUP CHAT and summarizes how YUP CHAT 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 collected data, 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 YUP CHAT website, 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 Term for all purposes of right. If the User does not fit the description above and / or does not agree, even if in part, with the terms and conditions contained in this Privacy Policy, he must not access and / or use the services offered by YUP CHAT, as well as the websites and services operated by it. When you access the website, we also automatically receive your computer's internet protocol, IP address, in order to obtain information that helps us learn about your browser and operating system. When entering your login, your data and activities are stored.

2. Collection and use of personal data

The User is aware that they are knowingly and voluntarily providing information via [FORM/ETC], or via the websites operated by YUP CHAT. When the User registers and/or completes forms offered by YUP CHAT, including on the sites operated by YUP CHAT, certain Personal Data requested will be kept confidential and will be used only for the purpose for which the User registered, according to the information in the list below.

• Name, Email, Company and Phone Number: In order to access content and receive promotional material, YUP CHAT will require the User to provide his/her Name, Email and Company. YUP CHAT will send email marketing to the Users who provide this information. The Personal Data collected will not be used to send any kind of SPAM. If the User wants to contact YUP CHAT through the “Contact” area available on the website, YUP CHAT will need to collect the User's Name, E-mail, Company and Telephone Number in order to contact the User.

2.1 Types of Data Collected

2.1.1 Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

• Email address
• First name and last name
• Phone number
• Usage Data

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:

• Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.
• Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how You can delete Flash Cookies, please read "Where can I change the settings for disabling, or deleting local shared objects?" available at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_shared_objects_
• Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).

Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. Learn more about cookies on the Privacy Policies website article.

We use both Session and Persistent Cookies for the purposes set out below:

• Necessary / Essential Cookies

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  Type: Session Cookies

  Administered by: Us

  Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

• Cookies Policy / Notice Acceptance Cookies

  Type: Persistent Cookies

  Administered by: Us

  Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

• Functionality Cookies

  Type: Persistent Cookies

  Administered by: Us

  Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.

2.1.2 Use of Your Personal Data

The Company may use Personal Data for the following purposes:

• To provide and maintain our Service, including to monitor the usage of our Service.
• To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
• For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
• To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
• To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
• To manage Your requests: To attend and manage Your requests to Us.
• For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
• For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.

We may share Your personal information in the following situations:

• With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
• For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
• With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
• With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
• With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
• With Your consent: We may disclose Your personal information for any other purpose with Your consent.

3. Legal reasons to use your data and Disclosure of Your Personal Data

Under certain circumstances, YUP CHAT 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 with a court order or subpoena, or if YUP CHAT believes in good faith that such action is necessary to:

1. Comply with a law requiring such disclosure;
2. Investigate, prevent, or take action regarding suspected or actual illegal activities or to cooperate with government agencies or to protect national security;
3. Execution of its contracts;
4. Investigating and defending against any claims or allegations from third parties;
5. Protecting the security or integrity of the services (for example, sharing with companies that are experiencing similar threats);
6. Exercise or protect the rights, property and safety of YUP CHAT and its affiliated companies;
7. Protect the rights and personal safety of its employees, users or the public;
8. In the event of the sale, purchase, merger, reorganization, liquidation, or dissolution of YUP CHAT.

YUP CHAT will notify its Users of any legal actions that may result in the disclosure of personal information, as set forth in item 3, unless such notification is prohibited by law or prohibited by a court order, or even if the request is emergency. YUP CHAT may contest such requests if it judges that the requests are excessive, vague or made by incompetent authorities.

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

• Comply with a legal obligation
• Protect and defend the rights or property of the Company
• Prevent or investigate possible wrongdoing in connection with the Service
• Protect the personal safety of Users of the Service or the public
• Protect against legal liability

4. Security of data and personal information

All Personal Data will be stored in YUP CHAT's database or in databases maintained “in the cloud” by service providers hired by YUP CHAT, which are duly in accordance with current data legislation. YUP CHAT and its service providers use various security procedures to protect the confidentiality, security and integrity of your Personal Data, preventing possible damages due to the processing of such data. Although YUP CHAT uses security measures and monitors its system for vulnerabilities and attacks to protect your Personal Information from unauthorized disclosure, misuse, or alteration, User understands and agrees that there is no guarantee that the information cannot be accessed, disclosed, altered, or destroyed by breach of any of the physical, technical, or administrative safeguards. YUP CHAT maintains a contract for the storage of personal data with Vultr.com, (United States of America).

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

5. Data Retention

Yup Chat retains all data provided, including Personal Data, for as long as the User's registration is active and as needed to perform its services. Yup Chat will retain your Personal Data and keep your data stored until you request deletion. Yup Chat may keep your Personal Data after receiving your request for deletion if necessary to comply with legal obligations, resolve disputes, maintain security, prevent fraud and abuse, and ensure contractual compliance.

6. Legal Basis for Processing

Yup Chat only processes Personal Data in situations where it is legally authorized to do so or upon the express and unequivocal consent of the User.

As described in this Policy, YUP CHAT has legal grounds to collect, produce, receive, classify, use, access, reproduce, transmit, distribute, process, archive, store, delete, evaluate or control the information, modify, communicate, transfer, disseminate or extract data about the User.

The legal bases include your consent (obtained expressly and unambiguously in the Consent Form), contracts and preliminary contractual procedures (where the processing is necessary to conclude the contract with the User), and legitimate interests, provided that such processing does not infringe your rights and freedoms, as set out in the Purposes Table.

Such interests include protecting the User and YUP CHAT 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 YUP CHAT, when this is the legal basis for processing personal data, and YUP CHAT may terminate the provision of its services to this user in the event of such a request. Should you have any questions about the legal basis for the collection, processing and storage of your personal data, please contact YUP CHAT and its Data Protection Officer at dpo@yup.chat.

7. Right of access and control of your personal data

1. YUP CHAT offers Users several options of what to do with their Personal Data collected, processed and stored, including its deletion and/or correction. The User may:
2. Delete data: the User may request the deletion of some of his/her Personal Data (for example, if it is no longer needed to provide him/her with the services).
3. Change or correct data: the User may edit or request the editing of some of his/her Personal Data. The User may also request updates, changes or corrections to his/her data in certain cases, especially if they are incorrect.
4. 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 have no right to continue using it), or limit our use of such data (for example, if your Personal Data is incorrect or unlawfully stored), provided that YUP CHAT may process Personal Data in accordance with the legal grounds listed in the Purposes Table.
5. The User has the right to access or take his/her data: the User may request a copy of his/her Personal Data and of the data provided by the User in a readable format in printed form or by electronic means.

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

8. Privacy Policy Considerations, Revisions, and Updates

Should Yup Chat modify this Privacy Policy, such changes will be posted conspicuously on YUP CHAT's website. This Policy is effective as of 09/15/2020. If User has any questions regarding the privacy policies of the Website, please contact YUP CHAT, through our Data Protection Officer at dpo@yup.chat.

9. Sensitive Data

According to the LGPD in art. 5, II, sensitive data are considered.

• Your racial or ethnic origin
• Your political opinions
• Your religious or philosophical convictions
• Or your trade union membership
• As well as genetic data, biometric data that unequivocally identifies you, data concerning your health or data relating to your sex life or your sexual orientation

10. Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

11. Children's Privacy

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.

12. Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

13. Alterações a esta Política de Privacidade

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

14. Contact Us

If you have any questions about this Privacy Policy, You can contact us:
By email: dpo@yup.chat

15. DPO Named Yup Chat

Yup Chat has appointed Information Security and Cyber Security Analyst André Iesca Rodrigues as Data Protection Officer (“DPO”). The User may contact the DPO at the following physical address or via email at dpo@yup.chat.