Privacy Policy for Personal Data Lotus City Lotus Cidade
This Privacy Policy for Personal Data ("Policy" or "Privacy Policy") aims to establish rules and guidelines regarding the processing of personal data collected by Lotus Capital Real Estate Development Ltd. ("LOTUS CITY").
By consenting to this Privacy Policy, the data subject agrees to the terms described herein and to the processing of personal data for the purposes outlined in this document.
This Policy applies to activities involving the processing of personal data and encompasses all websites, portals, applications, and forms of LOTUS CITY.
To understand this policy, we must consider the following definitions and terminologies:
Anonymization: the use of reasonable and available technical means at the time of processing, through which data loses the possibility of direct or indirect association with an individual.
National Authority / National Data Protection Authority (ANPD): a public administration body responsible for ensuring, implementing, and overseeing compliance with the General Data Protection Law ("LGPD") throughout the national territory.
Database: a structured set of data, established in one or more locations, in electronic or physical form.
Blocking: temporary suspension of any processing operation, through the retention of personal data or the database.
Employees: individuals hired to be part of the workforce of LOTUS CITY.
Consent: a free, informed, and unequivocal expression by which the data subject agrees to the processing of their personal data for a specific purpose.
Controller: a natural or legal person, public or private, responsible for decisions regarding the processing of personal data.
Cookies: files containing small pieces of data shared between a technological device and a web server with the aim of making navigation more user-friendly and improving the user experience.
Personal Data: information related to an identified or identifiable natural person.
Sensitive Personal Data: personal data concerning racial or ethnic origin, religious belief, political opinion, membership in a union or religious, philosophical, or political organization, data related to health or sexual life, genetic or biometric data, when linked to a natural person.
Deletion: removal of data or a set of data stored in a database, regardless of the procedure employed.
Data Processing Officer ("DPO") / Data Protection Officer: a person appointed by the controller and operator to act as a communication channel between the controller, data subjects, and the National Data Protection Authority (ANPD).
Purpose: the reason for processing the personal data of the data subject.
General Data Protection Law (LGPD): Law No. 13,709/2018 or LGPD, which regulates the processing of personal data of natural persons, regardless of the means, by a natural person or a legal person, whether public or private, with the aim of protecting the fundamental rights of freedom and privacy and the free development of the personality of the natural person.
Operator: a natural or legal person, public or private, who processes personal data on behalf of the controller.
Site / Website: a virtual address of a natural or legal person, consisting of a set of web pages.
Data Subject / User: a natural person to whom the personal data being processed refers.
International Data Transfer: the transfer of personal data to a foreign country or international organization of which the country is a member.
Processing: any operation performed with personal data, such as collection, production, reception, classification, use, access, reproduction, transmission, distribution, processing, filing, storage, elimination, evaluation, or control of information, modification, communication, transfer, dissemination, or extraction.
Shared Use of Data: communication, dissemination, international transfer, interconnection of personal data, or shared processing of personal databases by public bodies and entities in the fulfillment of their legal competencies, or between private entities, reciprocally, with specific authorization, for one or more processing modalities permitted by these public entities, or between private entities.
The personal data processed by LOTUS CITY is intended to serve various purposes, depending on the relationship between the data subject and LOTUS CITY. Therefore, we present below, in a non-exhaustive manner, the main scenarios in which we will process the data subject's personal information:
The database formed through the collection and storage of the data subject's personal data is owned and the responsibility of LOTUS CITY. Its use, access, and sharing, when necessary, will be carried out within the limits and purposes of its business, and may, in this sense, be made available for consultation, shared, and transferred to suppliers and authorities, provided that it complies with the terms of this Privacy Policy and applicable regulations.
No document, information, and/or personal data will be disclosed and/or shared under any circumstances unless expressly authorized by the user, for the purpose of fulfilling contracted services or by court order or legal requirement.
It may be necessary to transmit the user's personal data to another entity within LOTUS CITY, a partner, or an external service provider.
LOTUS CITY requires its service providers to process such data only in accordance with this Privacy Policy and applicable regulations.
Internally, user data is accessed only by duly authorized employees, respecting the principles of purpose, adequacy, necessity, and other principles inherent to the processing of personal data, always for the purposes of LOTUS CITY, in addition to the commitment to confidentiality and privacy preservation in accordance with this Privacy Policy.
The data subjects whose personal data is processed by LOTUS CITY are categorized as follows:
In order for LOTUS CITY to fulfill its social purpose, it is essential to collect some information about the data subject. In this way, personal data may be collected directly from the data subject, their legal representatives (with specific consent authorizing the processing of personal data of children), companies, from third parties, or collected automatically. Below are the ways in which personal data is collected:
Personal data provided directly by the data subject: All personal data entered or submitted when accessing one of our channels at LOTUS CITY will be collected.
Personal data provided by companies:Solely for the purpose of complying with legal obligations (Art. 7, II, and Art. 11, II, "a" of the LGPD) or when necessary for the execution of contracts and/or preliminary procedures in which the data subject is involved (Art. 7, V, and Art. 11, II, "d" of the LGPD).
Personal data provided by third parties: LOTUS CITY may receive personal data through third parties that have some relationship with the data subject. It is also possible that LOTUS CITY collects data from public databases made available by authorities (such as the Federal Revenue Service, for example) or by third parties, or even data made public by the data subject on websites or social networks, always respecting privacy.
Personal data collected automatically: LOTUS CITY may also collect a series of information automatically and, for this purpose, uses some market technologies (such as cookies, for example), with the aim of improving the user's browsing experience on LOTUS CITY portals and applications, according to their habits and preferences.
For all personal data collection, the following essential rules will always be followed:
The processing of personal data of children and adolescents will always be carried out in their best interest and with specific and highlighted consent from one of the parents or legal guardians.
The data processed by LOTUS CITY will be stored for the time necessary to meet the purposes for which they were collected or for compliance with legal and regulatory requirements. After the data retention period or upon request by the data subject, LOTUS CITY will securely delete them."
The personal data processed by LOTUS CITY may be accessed by third parties, as defined below.
LOTUS CITY may share data with third parties for its own purposes. LOTUS CITY will share strictly necessary personal data to provide or otherwise fulfill its social purpose.
LOTUS CITY may share all the categories of data listed above with partners and other entities that provide certain services to LOTUS CITY or assist with internal functions, such as data analysis, maintenance of internal system security, or ensuring compliance with legal provisions. For example, LOTUS CITY may share information with auditing firms, law offices for legal assistance, accounting firms, or other professionals. Other entities that may receive personal data for such purposes include information security service providers, data analysis companies, quality assurance evaluators, among others.
LOTUS CITY may share all the categories of personal data mentioned above with partners, service providers, and other entities when necessary to comply with legal or regulatory obligations, including compliance with any applicable law, judicial or administrative process. LOTUS CITY may also share information to protect and defend the rights of the company, data subjects, or any other person, to protect against fraudulent or malicious activities, to enforce the Terms and Conditions of LOTUS CITY, or to cooperate with law enforcement agencies.
LOTUS CITY may share certain information with partners or other entities when the data subject instructs or otherwise consents to share this information, and any consent expressed by the data subject must be prior and explicit. compartilhar essas informações, sendo que todo consentimento manifestado pelo titular deverá ser prévio e expresso.
In accordance with applicable regulations, LOTUS CITY ensures the following rights to the data subject:
The rights of data subjects provided in applicable regulations and this Policy may be exercised through an express request by the data subject or their legal representative and can be done through the Data Subject Request Portal at https://www.dponote.com.br/dponote/requisicao-do-titular-de-dados/168.
The user is hereby informed that any request for the deletion of information essential for the management of their registration with LOTUS CITY, when applicable, will result in the termination of their contractual/business relationship.
LOTUS CITY will make all reasonable efforts to fulfill requests made by the data subject as quickly as possible. However, justifiable factors may delay or prevent prompt processing, and in case of delay, the data subject will be provided with the appropriate reasons.
It is the duty of the data subject to provide correct and updated information. LOTUS CITY is not responsible for the accuracy, truthfulness, or lack thereof in the information provided and may, at its discretion, suspend and/or cancel the user's registration at any time if any inaccuracy is identified.
Finally, the data subject should be aware that their request may be legally rejected, either for formal reasons (such as the inability to prove their identity) or legal reasons (such as the request for the deletion of data whose maintenance is a legitimate exercise of the rights by LOTUS CITY). In the event of impossibility of meeting these requests, the data subject will be provided with reasonable justifications."
Personal data in the possession of LOTUS CITY is stored in accordance with the strictest security standards adopted by the market, which includes the implementation of measures such as:
In addition to technical efforts, LOTUS CITY also adopts institutional measures to protect personal data, maintaining a governance and privacy program applied to its activities and governance structure, constantly updated.
In any case, in the remote event of incidents of this nature, LOTUS CITY ensures full efforts to remedy the consequences of the event, always ensuring transparency to the data subject.
LOTUS CITY may provide links to other sites considered relevant, corporate agreements, or due to regulatory, judicial, or administrative requirements. It should be noted that LOTUS CITY is not responsible for the privacy policy practiced by these sites. Third parties have their own policy for the collection, use, sharing, and any kind of data processing related to the services of these third parties, and it is the responsibility of these third parties to maintain the data. LOTUS CITY recommends reading the policies of these third parties.
Cookies are files that can be stored on the user's device, containing small pieces of data that are shared when a device visits or uses LOTUS CITY's online services.
The information collected, usually the name of the site that originated it, its lifespan, and a randomly generated value, is interpreted and executed by LOTUS CITY's portals or applications, enabling the recognition of the user and future identification of their interests and needs.
At any time, the user may revoke their authorization regarding the use of cookies by accessing the settings of their preferred browser or the management functionality provided by LOTUS CITY on its websites and applications. However, we caution that, depending on the settings applied, certain functionalities of our services may not work optimally, as well as aspects of information security.
This document has been prepared based on the applicable regulations on information security, privacy, and data protection, including (whenever applicable) the Constitution of the Federative Republic of Brazil, the Consumer Protection Code, the Civil Code, the Marco Civil da Internet (Federal Law No. 12,965/2014), its regulatory decree (Decree 8,771/2016), the General Data Protection Law (Federal Law No. 13,709/2018), and other sectoral or general norms on the subject.
This policy will be interpreted according to Brazilian legislation, in the Portuguese language, with the Central Forum of the Judicial District of Belo Horizonte/MG being elected to settle any disputes, issues, or subsequent doubts, with express waiver of any other, however privileged it may be.
If any provision of this Privacy Policy is deemed illegal or illegitimate by a public authority, the other conditions will remain in full force and effect.
The user acknowledges that all communications made by email (to the addresses provided by him), SMS, instant messaging applications, or any other digital and virtual form are also valid as documentary evidence, being effective and sufficient for the disclosure of any matter related to the services provided by LOTUS CITY, as well as the conditions of its provision, except as expressly provided otherwise in this Privacy Policy.
If the data subject wishes to clarify any additional doubts about the privacy and protection of their personal data, please contact us through the Personal Data Subject Request Portal (https://www.dponote.com.br/dponote/requisicao-do-titular-de-dados/168.) or, if preferred, directly with the Data Protection Officer (DPO), Mr. Marcelo Pereira, through the email privacidade@lotuscidade.com.br
LOTUS CITY's Privacy Policy, available on the mentioned channels in the privacy portal, is the most updated version of the document. LOTUS CITY may, however, at any time and at its sole discretion, update the Policy to improve security, enhance our services, or meet legal, regulatory, or administrative obligations.
LOTUS CITY encourages the data subject to periodically review this Privacy Policy to stay informed about how their data is being treated.
If the user does not agree with this Privacy Policy, including any changes, they should not access or use LOTUS CITY's platforms, services, and products.