Privacy and data protection - LGPD
This portal is dedicated to clarifying information about the General Data Protection Law (LGPD - Federal Law No. 13.709/2018).
We will present what the LGPD is and to whom it applies, addressing the processing of personal data, the data processing agents, the legal bases, the rights and duties of the data subject, and how Sinky complies with the requirements of the Law.
If you have any questions about data protection, send an email to contato@besinky.com
What is personal data?
The owners of this data are called DATA SUBJECT
And what is LGPD?
The LGPD is the acronym used to refer to the General Data Protection Law (Law No. 13.709/2018). It is a federal law that provides for the processing of personal data, including in digital means, with the aim of protecting your rights and regulating the processing.
The LGPD provides for your rights to personal data protection, as well as establishes general principles and obligations that must be observed by those who handle personal data. It has been in effect since September 18, 2020, with the exception of articles 52-54.
Who does the LGPD apply to?
The LGPD applies to any company, public administration body, or natural person that performs operations for the processing of personal data, regardless of the means, the country of their headquarters, or the country where the data is located, as long as the activities are carried out in national territory or aim to offer or supply goods or services or process data of individuals located in national territory.
What is treatment?
Any operation carried out with personal data, such as collection, production, reception, classification, use, access, reproduction, transmission, distribution, processing, filing, storage, deletion, assessment or control of the information, modification, communication, transfer, dissemination or extraction.
Who are the data processing agents?
The processing is carried out by the so-called DATA PROCESSORS. The processor can be a controller or an operator.
According to the LGPD, the Controller is a natural or legal person, public or private law, who is responsible for decisions related to the processing of personal data. On the other hand, the Operator is a natural or legal person, public or private law, who processes personal data on behalf of the Controller.
What are the legal bases?
Legal bases are the scenarios provided for by law that justify/sustain the processing of personal data. Every processing must have a specific purpose, and this purpose must have a legal basis that supports it.
Treatment -> Purpose -> Legal basis
What are the legal bases for personal data applicable to Sinky's treatments?
Execution of contract or preliminary procedures
Legal or regulatory obligation by the controller
Regular exercise of a right in judicial, administrative, or arbitral proceedings
Legitimate interests
Credit protection
Among others
What are the legal bases for sensitive personal data?
We do not process sensitive data at Sinky as a Controller!
What are your rights?
The data subject has the right to obtain from the Controller, regarding the data of the subject processed by them, at any time and upon request:
Confirmation of the existence of processing;
Access to the data;
Correction of incomplete, inaccurate, or out-of-date data;
Anonymization, blocking, or elimination of unnecessary, excessive data, or data processed in noncompliance with the provisions of the LGPD;
Portability of data to another service or product provider, upon express request and observing commercial and industrial secrets, in accordance with the regulations of the supervisory authority;
Elimination of personal data processed with the consent of the subject, except when necessary for another purpose based on legal grounds;
Information about the public and private entities with which the controller shared data;
Information on the possibility of not providing consent and the consequences of refusal;
Revocation of consent;
What are your duties?
Provide truthful, up-to-date information;
Have authorization or another legal basis that justifies sharing third-party data;
Observe the purposes for using the results of the consultations and services on the site, always within the legal limits;
Notify us if you discover the misuse of your data by third parties on our platform;
Always act in good faith, including exercising your rights;
How do we comply with the LGPD?
User data from the platform
Sinky cares about compliance with the LGPD and other applicable laws.
By registering on the Platform, the user agrees to the terms and conditions and the privacy policy.
Through the portal, the user can access the personal data collected during registration and can exercise their right to request corrections or deletion of data.
Sinky also has other necessary documents to comply with current legislation, such as a governance policy, and any questions related to privacy can be sent directly to us: contacto@besinky.com
Data from public sources
The platform provided by Sinky allows users to make queries, in real time, for information found in various public database platforms available. These queries are available on the internet on government portals and are accessible to anyone who wishes to verify the information.
When we provide the tool for automated access to information from public databases, Sinky acts as a personal data operator as indicated in the LGPD. The user may only use the information for legitimate purposes, such as preventing fraud and money laundering, complying with anticorruption measures, fulfilling legal and regulatory obligations, Know Your Client (KYC), Know Your Partner (KYP), Know Your Supplier (KYS), Know Your Employee (KYE).
Sinky has no interference in the personal data consulted by users, extracted reports, and use of information, as it does not have any records of the searches conducted by users, which shows that Sinky makes no decisions regarding the personal data accessed by users. In this case, it is considered personal data processing where the controller is the user themselves, which can be consulted in the Terms of Use of the Platform.
