FLSMIDTH LTDA. PRIVACY NOTICE (“Privacy Notice”)

GENERAL INFORMATION

This Privacy Notice outlines the information on how FLSMIDTH LTDA. (“FLS Brazil”, “we”, “our”, “ours” and “us”) and its service providers process the Personal Data of its Customers and/or Prospective Customers as a Data Controller in Brazil, within the terms of the Brazilian General Data Protection Law (Lei Geral de Proteção de Dados Pessoais, “LGPD”).

IMPORTANT: when using our website and/or providing any personal information, you (the “Customer”) authorizes the use of your personal information according to the procedures and objectives described in this Privacy Notice and within the terms of the applicable law.

1. DATA PROCESSING SUMARRY

DATA CONTROLLER: FLSMIDTH LTDA.

SPECIFIC PURPOSE OF DATA PROCESSING: Provision of services offered by FLS Brazil or its subsidiaries now or in the future, as well as any other content which includes, but is not limited to, service and product offers, market data, payment procedures, user experience optimization, pricing information, contract confirmation and messages.

LEGAL BASIS: The Processing of Personal Data refers primarily to the execution of a contract and/or of preliminary procedures related to a contract signed between the Customer and FLS Brazil, to the Customer's consent and the legitimate interest of FLS Brazil, as well as to secondary purposes outlined in item 5.

DURATION OF PROCESSING: FLS Brazil shall store its customers’ personal data only for as long as it is necessary to fulfill the purposes of this Privacy Notice. Moreover, the data shall be stored for the retention period required by legal regulations or until the length of time of any legal, administrative and/or judicial processes may arise.

DATA SHARING: FLS Brazil does not distribute, sell or in any way alienate the Personal Data provided by its Customers to third parties and it shall not allow any of its affiliates to do so, in full or partially. 

As per the guidelines established in this Privacy Notice, FLS Brazil is authorized to share its Customers’ personal information to: (1) legal or regulatory authorities; (2) service providers; (3) personal data processors; (4) any agents that legitimately require it due to judicial, administrative and/or legal processes; (5) any agents that legitimately require the information for the purposes of public security, national defense and/or investigations and repression of penal violations;
(6) FLSmidth A/S (parent company of FLSmidth Brazil) and FLSmidth subsidiaries of FLSmidth A/S 

CUSTOMER’S RIGHTS: Customers may exercise their right to access, rectification, elimination, restriction, opposition and portability as per item 6 of this Privacy Notice.

FLS Brazil reserves the right to change this Privacy Notice at any moment, accounting for, but not limited to, legal, regulatory or judicial changes. Any changes made to this Privacy Notice shall be notified in our website: https://www.flsmidth.com/en-gb/privacy-policy.

A separate policy is applicable to how the personal data of employees, contractors and other FLS Brazil personnel is processed.

2. DEFINITIONS AND INTERPRETATIONS

In this Privacy Notice, the terms “Personal Data”, “Data Subject”, “Data Processing”, and “Data Protection Officer” must be interpreted as per the provisions of Brazilian Federal Law No. 13,709/18 (LGPD).

3. PERSONAL DATA AND IT’S PROCESSING

Within the scope of its activities, FLS Brazil may collect and process the following types of personal data:

• Identification data: Data that identifies Customers who maintain relations with FLS Brazil. This includes, among others, full name, birth date, nationality, place of birth, profession, e-mail address, residential address, postal code and phone numbers;
• Payment information: Data that allows FLS Brazil to provide the services contracted by Customers, including, among others: taxpayer ID, bank account details, payment information and credit card information;
• Technical Information: Data collected when using FLS Brazil’s website, including, among others: IP address, log-in information, browser type and it’s version, time zone settings and location, browser plug-ins and plug-in versions and operating system;
• Demographics: Data related to Customer locations, allowing our company to offer better experiences when providing our services;
• Cookies and Tracking Data: Data required to improve FLS Brazil’s website features and used for commercial purposes, including, among others: session cookies, preferential cookies and third-party cookies;
• Credit Information: If applicable, FLS Brazil may collect credit information, including, among others, information regarding due debts, insolvency, ongoing judicial and extrajudicial processes and any debt renegotiation records.

NOTE: If the above Personal Data, particularly those referring to “identification data” and “payment information”, are not provided, FLS Brazil may be unable to provide certain services.

4. HOW PERSONAL DATA IS COLLECTED

FLS Brazil may collect personal data through the following means:

DIRECT COLLECTION
Involves obtaining personal information that is directly shared by the personal data’s holder (“Customer”). FLS Brazil may collect this data when:

• FLS Brazil is contacted by the Customer through e-mail or any other means of electronic communications and/or by physical mail;
• Forms, registrations or promotional sheets are voluntarily filled in by the Customer in our website;

WEBSITE, COOKIES AND MARKETING
Involves collecting Personal Data for statistics and to improve our website as well as used for commercial purposes through cookies (data stored in the user’s browser), web beacons, pixel tags and transparent gifs.

THIRD-PARTY DATA
Personal Data provided from third parties will be analyzed by FLS Brazil to ensure the collected and shared information follows legal and/or regulatory foundations and are accurate and up-to-date.

PUBLICLY AVAILABLE INFORMATION
Data found in public environments, both virtually and physically, at the Customer’s discretion and/or found in public data bases.

FLS Brazil does not willingly collect Personal Data of children and adolescents. FLS Brazil shall immediately delete any Personal Data of children and adolescents if it is found.

5. PURPOSE OF DATA PROCESSING

All data processing activities performed by FLS Brazil are carried out according to legal and regulatory standards, particularly regarding Law No. 13,709/18, the Brazilian General Data Protection Law (LGPD).

FLS Brazil collects, processes and uses its customers’ personal data for commercial purposes, in order to: (i) provide them the best purchase and services experience; (ii) improve our operations; and (iii) fulfill our security and legal obligations. Therefore, data processing operations are carried out as follows:

• Verify the Customer’s identity;
• Answer any of the Customer’s questions;
• Ensure services and/or products can be provided to the Customer;
• Offer them their products and services, including, but not limited to, pricing products;
• Receive payment from Customers;
• Update Customers regarding changes in the terms, conditions, policies and other administrative information related to our Services;
• Maintain and improve the provided services, either virtually or physically; 

6. YOUR RIGHTS - COMPLIANCE WITH ARTICLE 18 OF THE LGPD

According to the LGPD, Data Subjects may exercise prerogatives related to personal data processing operations, including:

 

• The right to not provide their Personal Data, although certain data are essential for the purposes of this Privacy Notice;
• The right to be informed about personal data processing operations;
• The right to access, rectify and update their Personal Data; 
• The right to request that their Personal Data be deleted, except in cases when the data is essential for FLS Brazil’s activities or when the data is stored due to legal, regulatory or contractual obligations or to exercise legitimate rights.
• The right to revert their consent regarding Personal Data processing, when applicable.

If you want to exercise any of the aforementioned rights or if you have any questions regarding how Personal Data is processed, please contact the Data Protection Officer in FLS Brazil through the channels outlined in item 8 of this Privacy Notice.

7. HOW WE CONSERVE AND PROTECT PERSONAL DATA PROVIDED TO US

FLS Brazil adopts highly complex administrative, technical and physical measures to protect the Personal Data provided to it. These measures include computer and file security mechanisms and secure installations. On the other hand, once the objective for which the data is being processed is fulfilled, we take the necessary measures to safely delete or permanently dissociate the relevant Personal Data, as determined by law.

FLS Brazil reserves the right to hire third-party processors to store the personal data it possesses. In this case, these processors shall process the personal data based on prior written instructions by FLS Brazil and ensure confidentiality and security.

8. CONTACT INFORMATION

To exercise the rights outlined in this Privacy Policy or if you have any questions or feedback, please contact us:

Data Protection Officer:  

Elcio Gozzi
LGPD@FLSmidth.com