Privacy Policy (Brazil)

 

This Privacy Policy provides information about how wavve Americas, Inc. (“we”, “us”, or “our”) collects, uses and shares information from you or about you, including your personal information, and your choices. Please read this Privacy Policy carefully before using or accessing the KOCOWA online streaming service, available at the http://www.kocowa.com website (the “Website”) and the KOCOWA mobile application operated by us (collectively, the “Service”).

When you use the Service or access the Website, you consent to the collection, use and sharing of information from you or about you in accordance with this Privacy Policy.

When using our services, you understand that your personal data will be collected and used in the ways described in this Policy, in accordance with the rules of the Federal Constitution of 1988 (article 1, section IV; 5th caput and section LXXIX; 22, sections XXX and 170, sections IV and V), of the Data Protection standards (LGPD, Federal Law 13,709/2018), the consumer provisions of Federal Law 8078/1990 and other applicable standards of the Brazilian legal system.

 

1. Information We Collect

a. We collect all information you provide to us, which includes, without limitation, your name, email address, home address, date of birth, gender, telephone number, and your preferences. If you buy the Service, we will also collect your credit card information, which includes the billing address associated with your credit card.

b. In addition, we collect usage information through various technologies. For instance, usage information includes information about your internet browser, computer operating system, the web and app pages you viewed, your IP address or other unique identifiers of the computer, mobile device or other devices that you use in connection with the Service or the Website.

c. We do not knowingly collect information about individuals under the age of 18, or under the age of majority in the domicile of such individuals. We will delete such information after we are notified that such user is under the age of 18, or if we become actually aware of such fact by other means.

d. In addition to good faith in the processing of personal data and additional information, the privacy policy observes the following principles established in article 6 of the LGPD:

I - purpose: carrying out the processing for legitimate, specific, explicit and informed purposes to the data subject, without the possibility of subsequent processing in a manner incompatible with these purposes;

II - adequacy: compatibility of the processing with the purposes informed to the data subject, according to the context of the processing;

III - necessity: limitation of processing to the minimum necessary to achieve its purposes, with coverage of pertinent data, proportional and not excessive in relation to the purposes of data processing;

IV - free access: guarantee, to data subject, easy and free consultation on the form and duration of processing, as well as the completeness of their personal data;

V - data quality: guarantee, to data subject, of accuracy, clarity, relevance and updating of data, according to the need and to fulfill the purpose of its processing;

VI - transparency: guarantee to data subject, of clear, precise and easily accessible information about the carrying out of the processing and the respective processing agents, observing commercial and industrial secrets;

VII - security: use of technical and administrative measures capable of protecting personal data from unauthorized access and accidental or illicit situations of destruction, loss, alteration, communication or dissemination;

VIII - prevention: adoption of measures to prevent the occurrence of damage due to the processing of personal data;

IX - non-discrimination: impossibility of carrying out processing for illicit or abusive discriminatory purposes;

X - accountability and responsibility: demonstration by the agent of the adoption of effective measures and capable of proving compliance and compliance with personal data protection rules and even the effectiveness of these measures.

 

2. How We Collect Information

a. We collect information from or about you in various ways. For instance, and without limitation, we collect information from you, when you sign up for the Service on the Website.

b. We also collect information from or about you from any interactions with us, the Website or the Service, such as, without limitation, when you:

– submit an inquiry to us;

– take part in any online survey made available by us;

– communicate with us for any matter by, without limitation, email, regular mail, facsimile or telephone;

– use the Service via SNS (e.g., Facebook);

– access the Website or the Service through a third-party website; and

– use Service features such as search functions.

c. We use technologies such as cookies to collect your usage information. A cookie is a small data file that is transferred to your computer’s hard disk. Cookies may be used for many purposes. For instance, cookies may be used to remember you and your preferences on the Website, track your activities in connection with your use of the Service and the Website, and maintain a history of using the Service for you.

d. In addition to the cookies, we use technology such as web beacons, third party advertising servers, Google Analytics, Mobile Device, Embedded Scripts, and others to collect the usage information.

 

3. How We Use Information

a. We use information from or about you as reasonably necessary in our sole discretion to deliver and improve the Service and the Website.

b. In addition, we may use information from or about you in, without limitation, the following:

  • To fulfill or meet the reason for which the information is provided. For example, if you provide us with personal information in order for us to create your user account, we will use that information to verify your user account as necessary after such account is created and communicate with you;
  • To send promotional materials to you;
  • To select and announce the event winners;
  • To customize the advertisements delivered to you;
  • To process payments for the Service;
  • To conduct surveys or to do research;
  • To prevent unauthorized use of the Service or the Website and other ways described in the Privacy Policy or as we may notify you from time to time;
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses;
  • To respond to law enforcement requests in accordance with current legislation, court orders, or governmental regulations;
  • As described to you when collecting your personal information or as otherwise set forth in the LGPD;
  • 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 information held by us is among the assets transferred.

c. All information we collect from or about you may be combined with additional information from our vendors and affiliates to improve the Service and the Website. As provided for by the LGPD.

 

4. How We Share Information

a. We may share information from or about you with third parties, including our business partners or affiliates in order to provide the Service to you and their services to us. Such third parties, business partners or affiliates may include, without limitation, social networking service providers, advertisers, advertising and related service providers, IT service providers, and marketing service providers. However, you may opt out from receiving targeted advertisements from advertisers by clicking the opt-out links below.

  * NAI:  http://optout. networkadvertising.org/?c=1

  * DAA:  http://optout.aboutads.info/? c=2&lang=EN

b. We may share your information with our affiliates for business and for operational purposes.

c. We may disclose information from or about you when required by law to do so.

d. Information that we collect from or about you may be transferred to and stored in the United States of America by us. The third parties, business partners or affiliates described above may be located in the United States of America or abroad, and they may store your information in the United States or abroad. This means your information may be processed globally. By using the Service and the Website, you consent to the international transfer, storing and processing of your information, if any.

 

5. Security

a. We employ reasonable technical, contractual, administrative, and physical security steps to protect information from or about you. Data transferred and accessible over the internet, however, cannot be 100% secure regardless of the security measures employed.

b. You may access some of the information that we collect from or about you by accessing the [my account page] on our Website. You may verify the accuracy of your information and update as necessary through your account settings at the [my account page] on our Website.

 

6. Changes to Privacy Policy

a. We may, from time to time, change this Privacy Policy. Such changes shall be effective at the time indicated in the notice that we send to you, whether by email or otherwise.

b. Your continued use of the Service after notice of the Privacy Policy changes and after the changes are scheduled to take effect, constitutes your acceptance of the changes thereto.  If you refuse to accept such changes to the Privacy Policy, you may cancel your use of the Service.

 

7. Governing Law

a. This Privacy Policy shall be governed by and construed in accordance with the LGPD, international agreements and other applicable standards in Brazil.

b. Any and all disputes arising hereunder or related hereto "shall be resolved in accordance with the laws of LGPD".

If you have any questions about this Privacy Policy or wish to withdraw your consent to our use of your information, please contact us via e-mail at: privacy@kocowa.com. You may also contact us via regular mail at: wavve Americas, Inc, 515 S. Figueroa St., Ste 1230, Los Angeles, CA 90071.

 

 

Below is the additional privacy policy for Brazil residents.

 

PRIVACY NOTICE – BRAZIL

This PRIVACY NOTICE FOR Brazil RESIDENTS supplements the information contained in the Privacy Policy of wavve Americas, Inc. (collectively, “we,” “us,” or “our”) and applies solely to visitors, users, and others who reside in the country of Brazil (“consumers” or “you”). We adopt this notice to comply with the LGPD and other applicable privacy laws.

 

Information We Collect

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

Category Examples Collected
A. Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers. YES
B. Personal information categories listed in the LGPD and other applicable laws. A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. YES
C. Protected classification characteristics under LGPD and other applicable laws. Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). YES
D. Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. YES
E. Biometric information. Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. NO
F. Internet or other similar network activity. Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. YES
G. Geolocation data. Physical location or movements. YES
H. Sensory data. Audio, electronic, visual, thermal, olfactory, or similar information. NO
I. Professional or employment-related information. Current or past job history or performance evaluations. NO
J. Non-public education information (per the LGPD and other applicable laws). Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. NO
K. Inferences drawn from other personal information. Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. YES

Personal information does not include:

  • Publicly available information from government records;
  • De-identified or aggregated consumer information;
  • Information excluded from the LGPD's scope, like:
    • personal information covered by certain sector-specific privacy laws, in accordance with the LGPD and other applicable laws.

We obtain the categories of personal information listed above from the following categories of sources:

  • Directly from you. For example, from sign up application that you complete on our website or applications related to the services for which they join;
  • Directly and indirectly from activity on our website (www.kocowa.com) and our applications. For example, from watching contents on our website or from clicking favorite or like button.

 

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following business purposes:

  • To fulfill or meet the reason for which the information is provided. For example, if you provide us with personal information in order for us to create your user account, we will use that information to verify your user account as necessary after such account is created and communicate with you;
  • To send promotional materials to you;
  • To select and announce the event winners;
  • To customize the advertisements delivered to you;
  • To process payments for the Service;
  • To conduct surveys or to do research;
  • To prevent unauthorized use of the Service or the Website and other ways described in the Privacy Policy or as we may notify you from time to time;
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses;
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;
  • As described to you when collecting your personal information or as otherwise set forth in the LGPD;
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

 

Sharing Personal Information

We may disclose your personal information to third parties for business purposes, including our business partners or affiliates, in order to provide the Service to you and their services to us. Such third parties, business partners or affiliates may include, without limitation, social networking service providers, advertisers, advertising and related service providers, IT service providers, and marketing service providers.  When we disclose personal information for a business purpose, we enter into a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

Category A:            Identifiers.

Category B:            Customer Records personal information categories.

Category C:            Protected classification characteristics under federal law.

Category D:            Commerical Information

Category F:             Internet or other similar network activities

Category G:            Geolocation data

Category K:             Inferences drawn from other personal information

We disclose your personal information for a business purpose and for operational purposes to the following categories of third parties:

  • social networking service providers;
  • advertisers, advertising and related service providers;
  • IT service providers;
  • marketing service providers.

 

Do Not Sell My Personal Information

You may opt out from receiving targeted advertisements from advertisers by clicking the opt-out links below.

  • * NAI: http://optout.networkadvertising.org/?c=1
  • * DAA: http://optout.aboutads.info/?c=2&lang=EN

In the preceding twelve (12) months, we have not sold any personal information.

 

Your Rights and Choices

The LGPD provides consumers with specific rights regarding their personal information: https://www.planalto.gov.br/ccivil_03/_ato2015-2018/2018/lei/l13709.htm.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you (also called a data portability request).
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
    • sales, identifying the personal information categories that each category of recipient purchased; and
    • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

  • Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
  • Debug products to identify and repair errors that impair existing intended functionality.
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
  • Comply with LGPD;
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent;
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
  • Comply with legal obligations;
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

  • Email: privacy@kocowa.com
  • Visiting: www.kocowa.com

Only you or a person that you authorize to act on your behalf may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of a minor child if you are their legal guardian.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative;
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.  Making a verifiable consumer request does not require you to create an account with us.  We will only use personal information provided in a verifiable consumer request to verify the requester's identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within 45 days of its receipt.  If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.  If you have an account with us, we will deliver our written response to that account.  If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.  Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt.  The response we provide will also explain the reasons we cannot comply with a request, if applicable.  For data portability requests, we will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded.  If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

 

Non-Discrimination

We will not discriminate against you for exercising any of your LGPD rights. Unless permitted by the LGPD, we will not:

  • Deny you goods or services;
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
  • Provide you a different level or quality of goods or services;
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

 

Changes to Our Privacy Notice

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will notify you by email or through a notice on our website homepage.

 

Contact Information

If you have any questions or comments about this notice, our Privacy Statement, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under Brazil law, please do not hesitate to contact us at:

KOCOWA Service: https://help.kocowa.com/hc/en-us/requests/new
Email: privacy@kocowa.com

 

If you still have any questions, Contact us.