According to the terms of this Policy, the User hereby accepts and agrees with the practices detailed herewith, while Smile Train ensures that the Users’ Information will not be transmitted to other third parties, unless the association is authorized in writing to do so, as established under item 3 of this Policy.
Smile Train assumes the commitment to apply legal protection standards to the Information we received from Users. Any Information provided to our website will be filed and will only be used for the purposes provided for under this Policy. The Information may be filed and used by Smile Train.
Smile Train may updated this Policy at any time by making a new version available on its website, for the purpose of reflecting any changes in our practices, without the express need to inform our Users, either previously or subsequently. In the event that relevant changes are made that could affect or reduce the right of Users with regard to the handling of Information, Smile Train will notify Users by posting a notice very prominently on its website or via an email sent to the email address provided by the User. This Policy addresses the following issues:
- Reasons for the collection of Information and how it is collected
- Nature of the Information
- Disclose of Information
- Precision of Information
- Storage of Information
- Security procedures to protect the Information
Reasons for the collection of Information and how it is collected:
Smile Train collect Users’ Information in order to improve the services it offers, including how donations are processed, while ensuring that Users get accurate Information about their donations.
Information is also collected for the purpose of making existing and future projects viable, in order to interact directly with Users to offer them new opportunities to contribute to Smile Train or if any suspected activity is detected.
Smile Train may also use Information to ensure that its services work as intended, such as for instance to track interruptions or solve problems that have been noted. In addition, Smile Train may inform our Users about any future services improvements or changes.
Smile Train does not use Users’ Information based on sensitive categorizations, such as race, religion, sexual orientation, or health, nor does it share information that can personally identify our Users, such as names or emails, unless it is requested.
Smile Train has different methods to collect Information, including the following:
- Directly from Users when information is provided by email, telephone, SMS or other means available on our website, when authorized to do so;
- From third parties, who were permitted by Users to share their Information;
- From our own records about how the Users use our services and facilities;
- From the use of our Smile Train website by Users through the IP address used to connect their computers to the Internet;
- Email address; connections between computers and Information, type of browser; operational system and platform number, and cookies.
Nature of Information:
The information we usually request from users is their names and contact information (including address, email, phone number, etc.).
In addition, in order to process donations, it is necessary to obtain Information about the credit card or debit card that will be used by the User. This information will be directly provided by the Users to third party service providers.
Smile Train does not obtain nor does it store any financial information related to online transactions, including information about bank accounts, credit cards or debit cards. This type of information is provided directly by the User to payment portal service providers and is used by them as a way to facilitate donation payments. This Information is processed by services providers in accordance with their own Privacy Policies, which exempts Smile Train of any responsibility for the aforementioned financial information.
Smile Train keeps its Users updated and informed about the services and facilities used by Users to make donations. In this context, and upon their express authorization, we regularly send bulletins, newsletters and additional Information reports, among other means of communication, for the purpose of keeping our Users informed about our services and any new offerings.
Disclosure of Personal Information:
Smile Train will not share, sell, exchange, or assign any Information received from our Users, except with prior written consent provided through our website or via email.
Smile Train may share information with its central office and with its affiliate, both in Brazil and abroad, as a means to optimize its activities. The Information will be shared in accordance with this Policy and any other security and confidentially measures in effect.
Smile Train will share Information if we believe in good faith that access to, using, keeping and disclosing the Information will be reasonably necessary to:
- • comply with any applicable laws, regulations, legal proceedings, or government requests;
- • comply with applicable Terms of Services, including for the purpose of investigating potential violations;
- • detect, prevent or deal with any type of fraud, technical or security problems;
- • protect from any damages to the rights, to property, or to the security of Smile Train, our Users or benefited institutions, as requested or allowed by the law.
Smile Train may share information that does not personally identify Users (anonymously) both publicly and with our partners – such as publishers, advertisers, developers, or rights holders. For example, Smile Train may share Information publicly in order to show trends about the general use of our services. Smile Train may also allow specific partners to collect Information from its browser or device for publicity purposes and for measuring purposes using their own cookies or other similar technology.
Precision of Personal Information:
Precision of Information depends on the authenticity of the Information Users themselves provide Smile Train. Accordingly, Smile Train will not be responsible for any imprecise or deficient Information made available by Users.
For this reason, in order to keep our information accurate and updated, we recommend that all Users: (a) let Smile Train know in the event of any error in the Information provided; and (b) keep Smile Train updated about any changes to their Information, such as names, addresses and other contact information.
In the case of updating Information, Smile Train agrees to maintain a copy of the previous version in its records whenever possible. If, at any time, Users wish to receive any communications or materials associated to their Information, they should let the Smile Train know so that their preferences can be recorded and updated.
Records and Data Storage:
Through its website, Smile Train maintains records of access to its app in a controlled and secure environment for up to six (6) months, pursuant to Article 15 of Brazilian law no. 12.965/14. After this time, access records to the apps will be automatically excluded, pursuant to Article 13, § 2, II, of Decree no. 8.771/2016.
Occasionally, we are required by business and legal obligations to maintain certain Information, for specific purposes, for long periods of time. The reasons why we may retain certain Information for longer periods of time include, but are not limited to, the following:
- • security and protection against fraud and abuse;
- • maintenance of financial records;
- • compliance with legal or regulatory requirements;
- • guaranteeing the continuity of our services.
Security procedures to protect your Information:
Smile Train will take the appropriate technical and administrative measures to protect the Information our Users share in our website.
Users may reach out to the Director of South American Programs, Mariane Goes, by email at [email protected] if they have any questions about this Policy, about how Information is collected, processed and stored by Smile Train, or also if they wish to change it or deny the use of their Information.
Governing Law and Venue
This Policy is subject to Brazilian law. Any disputes that may arise regarding this Policy must be resolved at the Court of the County of Paulínia, state of São Paulo, Brazil (Foro da Comarca de Paulínia/SP).