Terms of Use and Privacy Policy

Review the information regarding www.elg.com.br, ELG hotsites, and landing pages.

Privacy and Cookie Use Policy

INTRODUCTION

ELG PEDESTAIS LTDA, registered in Brazil, located at Rua Dona Francisca, 8,300 – Block E, Module 05, 89219-600, Joinville, Santa Catarina, is committed to protecting the personal data and information shared by users as defined below. This policy defines how data is protected throughout the processes of collection, recording, storage, use, sharing, enrichment, and deletion, in addition to Law No. 13,709/2018 (Brazilian General Data Protection Law – LGPD).

To access and use ELG environments, the user declares that they have fully and carefully read this Policy and are fully aware of it, thereby providing their free and express agreement to the terms established herein, as well as their free and express consent to the processing of the data mentioned herein under the conditions specified below.

We recommend carefully reading this document.

DEFINITIONS

USER: A natural person who interacts with ELG in situations where they may provide their personal data. Examples include people who browse our website, portals, social media pages, landing pages, hotsites, customers, employees, third parties, service providers, among others.

PERSONAL DATA: Brazilian law defines “personal data” as any data related to an identified or identifiable natural person. In practice, the expression includes any data that allows a person to be identified, such as name, CPF taxpayer number, ID number, photograph, etc. In addition, personal data may be sensitive or non-sensitive.

SENSITIVE PERSONAL DATA: Data related to racial or ethnic origin, religious belief, political opinion, trade union membership or membership in a religious, philosophical, or political organization, data concerning health or sex life, genetic data, or biometric data when linked to a natural person.

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.

COOKIES: Information files stored on your computer or mobile devices through the internet browser. These files allow a website to “remember,” for a period of time, the actions and preferences registered on behalf of the User. Cookies are used so that, when the User returns to a website they have already visited, they do not, in principle, have to enter their browsing preferences again, such as language, font, display format, etc. Cookies may be persistent or session cookies.

PERSISTENT COOKIES: Cookies that remain on the user’s computer even after the session is closed or until manually deleted.

BEACONS: Small devices that use Bluetooth Low Energy (BLE) technology and emit signals that can be captured by technological resources, enabling interaction between the user and the technological resource. Web beacons are programs intended to monitor a user’s browsing activity on an internet page.

SESSION COOKIES: Cookies that expire when the user closes the browser.

LANDING PAGES: Web pages containing forms that visitors may complete to access materials such as e-books and special offers.

IP: Abbreviation for Internet Protocol. It is the alphanumeric set that identifies users’ devices on the internet.

LOGS: Records of users’ activities carried out in ELG environments.

CLOUD COMPUTING: Cloud computing is a service virtualization technology built through the interconnection of more than one server via a common information network, such as the internet, with the objective of reducing costs and increasing the availability of supported services.

ACCESS ACCOUNT: A user’s credential that may be required to use or access restricted areas and features in ELG environments.

ELG ENVIRONMENT(S): A place where a visitor who can be passively identified browses, which may include ELG portals, websites, landing pages, or social media pages.

USERS: People who access or interact with the activities offered by ELG Environments.

SESSION ID: Identification of the user’s session in the process of purchasing products or accessing the technical support panel, when access to the restricted area is performed.

CONSENT FORM: A document that collects a favorable statement regarding the processing of personal data for specific purposes.

SOLELY AUTOMATED DECISIONS: Decisions that affect a user and were programmed to operate automatically, without the need for human operation, based on automated processing of personal data.

SUBCONTRACTOR: Business support and technology companies, such as international institutions.

DATA PROTECTION OFFICER (DPO): The person appointed by ELG to act as a communication channel between the controller, data subjects, and data protection authorities.

PROCESSING: Any operation performed with Personal Data, such as collection, production, receipt, classification, use, access, reproduction, transmission, distribution, processing, filing, storage, deletion, evaluation or control of information, modification, communication, transfer, dissemination, or extraction.

COLLECTION OF PERSONAL DATA

The collection of personal data is necessary for ELG to offer services and features appropriate to users’ needs, as well as to personalize services, making the user’s experience as convenient and satisfactory as possible.

The user is solely responsible for the accuracy, truthfulness, or lack thereof regarding the Data they provide, as well as for keeping it up to date. Likewise, it is the user’s responsibility to ensure the accuracy of the data or keep it updated.

It is important to highlight that, once in an ELG Environment, the user may be directed, via link, content, or services, to other portals or platforms that are not owned by ELG and that may collect their information and have their own Privacy Policy.

It is the user’s responsibility to read the Privacy Policy of such platforms outside the ELG environment, and the user is responsible for accepting or rejecting it. ELG is not responsible for the Privacy Policy or content of any websites, content, or services located outside ELG Websites and Environments.

When requesting personal data and sensitive personal data, ELG may request the user’s consent through the Consent Form, following and complying with legal and regulatory obligations.

Consent for the purposes of data use will be collected individually, and the user is not required to grant consent for any of them. However, for some purposes, consent is necessary to provide service, and refusal to accept may make such service unfeasible.

The use of any and all websites and/or applications developed by ELG, including social media, does not necessarily imply the provision of personal data. However, if the user intends to contact ELG for any type of request, their data will be requested through an electronic form.

When the data collected belongs to minors, it is essential to obtain the unequivocal and informed consent of the legal guardian, and such data will be protected and will meet the child’s privacy needs.

In in-person service, to initiate requests and services, the provision of personal data is also necessary. Such data will be collected by the responsible attendant, who will record the information in a registration system.

The requested personal data must be provided so that it is possible to proceed with the user’s request or service. Other personal data and sensitive personal data may then be requested according to the needs of each service.

Any user may change their consent permissions by opening a support request with ELG Support, and may grant new permissions or withdraw consent for current permissions, being informed of the consequences that the withdrawal of consent may cause. To do so, send an email to suporte@elg.com.br and request assistance to review permissions for personal data or sensitive personal data.

USE OF PERSONAL DATA

ELG is the entity responsible for processing the personal data of its users or forwarding it to designated subcontracted entities.

The collected personal data of its users, including data directly or indirectly related to their purchase, will be processed for the purposes of issuing invoices, including customer registration and monitoring of product technical support requests, auditing, and continuous improvement of such services, and may be related to data from other ELG units that have the same objective.

ELG may process collected personal data for the purposes provided in the informed consent, such as issuing invoices, warranty notices, ELG news, promotions, etc.

ELG may also communicate with customers and prospects of ELG, as well as other third parties, regarding: (i) marketing and advertising campaigns for ELG products and services; (iii) content promotion; (iv) invitations to virtual and in-person events; (v) contacting potential customers and partners, among others.

SHARING OF PERSONAL DATA

There will be transmission and communication of personal data between ELG departments, with access granted to designated employees whenever necessary to enable the best experience and meet each user’s needs.

ELG may also transmit your data to contracted entities that may need to act in collaboration to provide you with a better experience and better service, such as product recalls, product safety alerts, delivery of orders or products originating from RMA, advertising agencies to send ELG newsletters and advertisements, telephone and mobile services to communicate with customers and prospects, postal services and carriers to send ELG newsletters and advertisements, marketing platforms to communicate with customers and prospects, which will undertake, together with their contractors, to require adherence to the applicable regulations.

If third-party companies process any data collected by ELG, they must comply with the conditions established herein and with the Information Security standards of this policy.

If these external companies have access to personal data, ELG ensures that the respective parties have previously signed data processing and confidentiality agreements with ELG in order to comply with the applicable data protection legislation.

We may also transmit Users’ personal data to third parties when such data communications become necessary or appropriate: (i) under applicable law, (ii) to comply with legal obligations/court orders, (iii) by determination of the Brazilian National Data Protection Authority or another competent supervisory authority, or (iv) to respond to requests from public or government authorities.

To ensure privacy and security in the transmission of personal data, we will use SSL (Secure Sockets Layer) encryption for all information exchanged via the internet. We have data auditing and information leakage control systems.

The use, access, and sharing of data from ELG’s database will be carried out only within the limits and purposes described in this Policy.

However, considering that no security system is infallible, ELG disclaims any liability for any damages and/or losses arising from failures, viruses, or intrusions into ELG’s database, except in cases of willful misconduct or fault.

It is very important that the user protect their Data and know that ELG will never send electronic messages requesting data confirmation or containing executable attachments, such as .exe, .com, among others, or links for any downloads.

Internally, access to the user’s data is restricted only to authorized ELG employees, respecting the principles of proportionality, necessity, and relevance to the purposes of our business, in addition to the commitment to confidentiality and preservation of the user’s privacy under the terms of this Policy.

To optimize and improve communication, when ELG sends an email to the user, we may receive a notification when it is opened, provided that this possibility is available. It is important for the user to pay attention, as emails are sent only from the following domains: elg.com.br.

INTERNATIONAL DATA TRANSFER

ELG does not rent, sell, or otherwise release data to third parties for the purpose of enabling any commercialization of its services or third-party services. However, ELG informs that your data may be transferred to and maintained in an environment outside your municipality, state, or country, where data protection laws may be different from those in force in Brazil, but which ensure a level of personal data protection adequate to that provided for under the Brazilian General Data Protection Law.

We will take all reasonably necessary measures to ensure that your data is processed in a reliable and secure manner and in accordance with our Privacy and Use Policy.

If a data transfer to official authorities in countries outside Brazil or outside the European Union or European Economic Area, the so-called third countries, is necessary, and if it is not required by law, by consenting to this Privacy Policy, you have given us your express consent for the international data transfer to occur.

RETENTION OF PERSONAL DATA

User data collected by ELG will be stored for as long as the relationship with the user lasts and there is no request for deletion or withdrawal of consent, pursuant to Article 9, item II, of the Brazilian General Data Protection Law. ELG may retain the history of users’ data for a longer period in cases where the applicable law or regulation establishes so, such as the period of 6 (six) months for digital identification data, pursuant to Article 15 of the Brazilian Civil Rights Framework for the Internet, and 3 (three) years for other data, based on Article 206, paragraph 3, item V, of the Brazilian Civil Code. This period may differ according to specific customer requirements.

Additionally, ELG states that it will keep in operation all technical means within its reach to prevent the loss, misuse, alteration, unauthorized access, and improper appropriation of the personal data of its users, customers, and suppliers. In any case, it should be noted that, because data circulates over an open internet network, it is not possible to completely eliminate the risk of unauthorized access and use, and the user must therefore implement appropriate security measures when browsing ELG environments.

Data collected from users will be stored in SaaS data centers or local infrastructure. The data centers may be third-party infrastructure, cloud computing located in the United States, or in any other location that ELG deems more secure.

COOKIES AND SIMILAR TECHNOLOGIES

ELG receives and stores data from its users through the use of cookies.

Most browsing programs are set to automatically accept cookies, although it is possible to configure the browser to refuse all cookies or to indicate when a cookie will be sent. When a cookie is accepted, on a subsequent visit to the ELG website, the internet server will recognize the user’s computer or mobile device.

The website uses persistent and session cookies. Persistent cookies may be removed by following the instructions in the help file of the user’s internet browser.

Purpose of ELG’s use of Cookies:

Analytics: statistical analysis of browsing, with the objective of improving users’ browsing experience.

Advertising: analysis of users’ browsing habits and preferences, with the objective of showing advertising exclusively related to their browsing profile.

TRACEABILITY TECHNOLOGIES – WEB BEACONS

We use a software technology known as web beacons, also known as web bugs, clear gifs, or pixels, to help understand which content is effective, for example, by counting the Users who visited certain pages.

Web beacons consist of small graphics with a unique identifier, whose function is similar to cookies, and which are used to determine whether certain content is viewed. Unlike cookies, which are stored on the User’s computer, web beacons are invisibly embedded in web pages. ELG may therefore correlate the data collected by web beacons with other data already collected.

USERS’ RIGHTS

Under the terms of the applicable legislation, the data subject may at any time request access to data concerning them, as well as its correction, deletion, or restriction of use of personal data, the portability of their data, or object to its processing, except in cases provided by law. They may exercise these rights through a request submitted via the DSR form available at the link below:

Data Subject Rights Request Form (DSR)

THIRD-PARTY PAGES

Through its website and marketing campaigns (Landing Pages), ELG provides connections to third-party websites, which are subject to independent Privacy Policies. This Privacy and Cookie Use Policy does not apply to such websites, and we are not responsible for how users’ data is processed by such third parties.

WEBSITE CONTENT AND ITS USE

All content available on the website www.elg.com.br is the property of ELG PEDESTAIS LTDA, and its reproduction, whether total or partial, for commercial or editorial use or republication on the internet must be authorized and must cite the source and include the website link to the original content (Law 9,610/98). The use of the content for school assignments is permitted, provided that it is not republished in any media.

COMPLAINTS AND QUESTIONS

If you have any questions related to the processing of your personal data and the rights granted to you by the applicable legislation and, in particular, those referred to in this Policy, you may contact ELG through the email address: ouvidoria@elg.com.br.

The user also has the right to file a complaint with the Brazilian National Data Protection Authority, as provided by law.

LGPD – Brazilian General Data Protection Law (13,709/2018)

ELG Data Protection Officer:

DPO: Demetrio Frederico Riffel Jorge (juridico@elg.com.br)

CHANGES TO THE PRIVACY AND COOKIE POLICY

We may change this Privacy and Cookie Use Policy at any time and will keep version histories archived at ELG. Such changes will be duly made available and, if they represent a substantial change regarding the way your data will be processed, ELG may notify you via the contact information provided.

If significant updates occur in this document and require new consent collection, ELG will notify the user through the available tools or through the contact email provided by the user.

If any provision of this Privacy Policy is deemed unenforceable by a data authority or court, the remaining conditions will remain in full force and effect.

This Privacy Policy shall be governed by and interpreted in accordance with Brazilian law, in the Portuguese language, and the forum of the user’s domicile is elected to settle any dispute or controversy involving this document, except for specific reservations regarding personal, territorial, or functional jurisdiction under the applicable legislation.

If the user does not have a domicile in Brazil, they declare that they are aware that, by using the features of ELG environments, they will be subject to Brazilian law and therefore agree that, if there is a dispute to be resolved, the action must be filed before the Court of the District of Joinville/SC.

If you have any questions about this policy, please contact ELG through the Help Center.