Privacy Policy | Kyte System
Dear user
We take your privacy seriously. This privacy policy explains who we are, how we collect, share and use Personal Information, and how you can exercise your privacy rights.
Thank you for using Kyte. As set out in the General Terms and Conditions of Use, we provide our users with a tool for the management, support and organization of information in a practical manner, in order to assist in managing their sales, customers, inventory, orders and payments by mobile phone or tablet. Learn more about our Policies below.
This Policy applies to all Kyte products and services, including, without limitation, the store management application and Kira, our smart sales assistant (collectively, the "Kyte Platform" or the "Platform"). Wherever this Policy refers to the Platform, the provision applies to all products and services, unless expressly stated otherwise. In this Policy, "User" means the merchant and any persons the merchant authorizes to access the Platform, and does not include the end customers served through it.
SUMMARY
CHAPTER I – PRIVACY POLICY
CHAPTER II – COLLECTION OF PERSONAL
INFORMATION
CHAPTER III – TYPES OF DATA COLLECTED
CHAPTER IV – MODES OF PROCESSING DATA
CHAPTER V – THE PURPOSE OF PROCESSING
CHAPTER VI – FACEBOOK PERMISSIONS
CHAPTER VII – DEVICE PERMISSIONS FOR
PERSONAL DATA ACCESS
CHAPTER VIII – DETAILED INFORMATION ON
THE PROCESSING OF PERSONAL
DATA
CHAPTER IX – FURTHER INFORMATION ABOUT
PERSONAL DATA
CHAPTER X – THE RIGHT OF USERS
CHAPTER XI – ADDITIONAL INFORMATION ABOUT
DATA COLLECTION AND PROCESSING
CHAPTER XII – COLLECTION OF
NON-PERSONAL DATA
CHAPTER XIII - USE AND PROCESSING OF
COLLECTED INFORMATION
CHAPTER XIV - INFORMATION TRANSFER AND
STORAGE
CHAPTER XV - ADDITIONAL RIGHTS OF USERS
CHAPTER XVI - THE RIGHT TO OBJECT TO
PROCESSING
CHAPTER XVII - BILLING AND PAYMENTS
CHAPTER XVIII - PRIVACY OF CHILDREN
CHAPTER XIX - NEWSLETTERS
CHAPTER XX - REMARKETING
CHAPTER XXI - LINKS TO OTHER MOBILE APPS
CHAPTER XXII - INFORMATION SECURITY
CHAPTER XXIII - DATA BREACH
CHAPTER XXIV - LEGAL DISCLOSURE
CHAPTER XXV - CHANGES AND
AMENDMENTS
CHAPTER XXVI - ACCEPTANCE OF THIS POLICY
CHAPTER XXVII - CONTACTING US
CHAPTER I – PRIVACY POLICY
This privacy policy ("Policy") describes how Kyte Tecnologia de Software, LTDA. ("Kyte Tecnologia de Software, LTDA.", "we", "us" or "our") collects, protects and uses the personally identifiable information ("Personal Information") you ("User", "you" or "your"). It also describes the choices available to you regarding our use of your Personal Information and how you can access and update this information. This Policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage.
1.0. General. KYTE TECNOLOGIA DE SOFTWARE LTDA., a private legal entity, enrolled with the CNPJ under No. 33.042.726/0001-46, with its registered office in the City of Florianópolis, State of Santa Catarina, Brazil, Rua Hermann Blumenau, No. 110, Ground Floor, Level 1, Centro, Florianópolis - SC, ZIP Code 88020-020 ("we" or "KYTE"), considers the relationship with its users ("you" or "USER") and their personal data a matter of the utmost importance and seriousness. For this reason, this Privacy Policy has been designed to communicate our practices relating to the collection, use and disclosure of information that the USER may provide through the Platform and other associated websites, microsites, applications and sub-sites.
1.0.1. Roles of the Parties and Processing ScopeKyte acts in two distinct capacities, which determine which provisions of this Policy apply to each category of data:We serve as the Data Controller with respect to data regarding the merchant and any users authorized by the merchant to access the Platform, including registration, contact, billing, login credentials, and technical Usage Data. For this data, we determine the purposes and means of processing, and all sections of this Policy apply in full.We serve as the Data Processor for data that the merchant inputs into or receives through the Platform in the course of its business, including end-customer information, order details, and messages exchanged with buyers via WhatsApp. The merchant is the Data Controller of this data, which we process solely on the merchant's behalf and in accordance with its instructions. With respect to this data, Section 4.6 (WhatsApp Business Platform Data) shall apply and control in the event of any conflict with other provisions of this Policy.Where this Policy refers to "your Data" or "you" without further qualification, it refers to the data for which we act as the Data Controller.
1.1. hat Personal Data Is. Personal data is any information relating to an identified or identifiable natural person.
1.2. What Sensitive Personal Data Is. The data provided by the USER which may concern racial or ethnic origin, religious conviction, political opinion, membership of a trade union or of an organization of a religious, philosophical or political nature, data concerning health or sexual life, genetic or biometric data, as stipulated by Law No. 13.709/18.
1.3. Authorization of Collection and Disclosure. By using the Platform, you authorize the collection, use and disclosure of data about yourself, under the terms of this Privacy Policy, and you agree to be bound by it. Should you not accept these practices and policies, you may not make use of the Platform or of any of the services we offer.
1.4. Regulation. KYTE and the Platform operate in accordance with Brazilian legislation, complying, including and especially, with the terms of Law No. 12.965/2014, the Brazilian Civil Rights Framework for the Internet, as well as Law No. 13.709/18, the Brazilian General Personal Data Protection Law or LGPD, and are bound, as from now, to the further laws that may come to be applied.
1.5. Questions. Should you have any question about the Privacy Policy or the Terms of Use of the KYTE platform, you may contact the administrators at the email address help@kyte.com.br, in addition to by means of contact forms within the Platform itself.
1.6. Control of Personal Data. This Policy describes which personal data may be collected about you when you use the services of the Platform, how such personal data may be used, how you may control the manner in which your personal data is used, and that precautions should be taken against the unauthorized access to or use of such personal data.
CHAPTER II – COLLECTION OF PERSONAL
INFORMATION
We receive and store any information you knowingly provide to us when you create an account, make a purchase, fill any online forms in the Mobile Application. When required this information may include your email address, name, phone number, address, credit card information, or other Personal Information. You can choose not to provide us with certain information, but then you may not be able to take advantage of some of the Mobile Application's features. Users who are uncertain about what information is mandatory are welcome to contact us.
Data Deletion Request
If you wish to request the deletion of your personal data from Kyte, please follow these steps within the app:Tap on your store name at the top of the main menu → Select Delete personal data → Choose the desired option → Fill in the required information → Tap Submit. Please ensure all information provided is accurate, as the process is irreversible.
If you have any questions regarding this privacy policy or your personal data, you can contact us at help@kyte.com.br or via live chat on https://docs.kyteapp.com.
2.1. Collection of Personal Data. Kyte may collect and use the following personal data of the users of the Platform:
a) if you are a customer: name, email, telephone, address, WhatsApp and credit card details, should you opt for this payment method;
b) if you are a visitor: name, email and telephone, should you opt to learn more about our Platform;
c) details of the transactions and operations carried out by you within the environment of the Platform;
d) details relating to visits to the Kyte Platform and to the features you use;
e) server log information, which may include information such as the device's IP address, access dates and times, features of the Kyte Platform or pages viewed, and other system activity, operating system, browser type and third-party websites or service used prior to interacting with our services;
f) preference information as to how you interact with our services, the preferences expressed and the settings chosen, for which purpose cookies, pixel tags and similar technologies may be used in order to create and maintain unique identifiers; and additional information, such as individual preferences, language, postal code and area code, information about advertisements, and others not limited to these.
2.2 Use of Artificial Intelligence and Automated DecisionsKyte may use algorithms and automated systems, including Artificial Intelligence (AI) techniques, in order to:Personalize the user experience;Offer recommendations of features or content;Predict usage patterns and optimize the provision of the services.
CHAPTER III – TYPES OF DATA COLLECTED
Among the types of Personal Data that this Application collects, by itself or through third parties, there are: Contacts permission, Camera permission, Phone permission, Storage permission and Social media accounts permission.Complete details on each type of Personal Data collected are provided in the dedicated sections of this privacy policy or by specific explanation texts displayed prior to the Data collection.
Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using this Application.
Unless specified otherwise, all Data requested by this Application is mandatory and failure to provide this Data may make it impossible for this Application to provide its services. In cases where this Application specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the functioning of the Service.
Users who are uncertain about which Personal Data is mandatory are welcome to contact the Owner.
Any use of Cookies – or of other tracking tools – by this Application or by the owners of third-party services used by this Application serves the purpose of providing the Service required by the User, in addition to any other purposes described in the present document and in the Cookie Policy, if available.Users are responsible for any third-party Personal Data obtained, published or shared through this Application and confirm that they have the third party's consent to provide the Data to the Owner.
3.1. COOKIES
What Cookies Are. A cookie is a piece of information stored locally on the computer or device of the USER, and which contains information concerning the latter's activities on the Internet. This cookie information does not contain any identifiable personal information, such as that which the USER sends to the KYTE platform.
3.1.1Cookies Used. Cookies may be used in different forms and modalities. Here, at KYTE, the following may be used, listed below:
a) Functional Cookies: These cookies are used by the KYTE platform for some of its features, seeking to offer a better experience when browsing the platform. Such as, for example, but not limited to this, a cookie that makes it possible to know whether you have chosen the option "Keep me logged in" so that the site logs into the account automatically the next time you return to the page;
b) Performance Cookies: This type of cookie collects anonymous information about the manner in which the USER uses KYTE, so that we may optimize it. The information collected by these cookies never contains personal details from which it is possible to identify them; and
c) Advertising Cookies: These cookies collect information about your browsing habits, seeking to make advertising more relevant for the USER, in accordance with their interests. None of this information makes it possible to identify the USERS unequivocally.
3.1.2. Access to Cookies. Access to cookies ends as soon as the USER closes their browser. The USER is given the possibility of accepting or refusing cookies. The majority of web browsers accept cookies automatically. However, if preferred, the USER may alter the browser settings in order to refuse cookies.
3.1.3. Consent for the Use of Cookies. The KYTE platform is required to obtain your consent before using cookies. If you continue to browse the Platform after having accepted this Privacy Policy, then we assume that you agree with the use of cookies under the terms described above.
3.1.4.Option without Cookies. If you opt not to accept cookies, your access to the majority of the information available on the Platform shall not be compromised. However, you may not be able to fully use the online services offered.
CHAPTER IV – MODES OF PROCESSING DATA
Methods of processing
The Owner takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.
The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Owner, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of this Application (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner.
The updated list of these parties may be requested from the Owner at any time.
Legal basis of processing
The Owner may process Personal Data relating to Users if one of the following applies:
- Users have given their consent for one or more specific purposes. Note: Under some legislations the Owner may be allowed to process Personal Data until the User objects to such processing (“opt-out”), without having to rely on consent or any other of the following legal bases. This, however, does not apply, whenever the processing of Personal Data is subject to European data protection law;
- provision of Data is necessary for the performance of an agreement with the User and/or for any pre-contractual obligations thereof;
- processing is necessary for compliance with a legal obligation to which the Owner is subject;
- processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Owner;
- processing is necessary for the purposes of the legitimate interests pursued by the Owner or by a third party.
In any case, the Owner will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
Place
The Data is processed at the Owner's operating offices and in any other places where the parties involved in the processing are located.
Depending on the User's location, data transfers may involve transferring the User's Data to a country other than their own. To find out more about the place of processing of such transferred Data, Users can check the section containing details about the processing of Personal Data.Users are also entitled to learn about the legal basis of Data transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by the Owner to safeguard their Data.
If any such transfer takes place, Users can find out more by checking the relevant sections of this document or inquire with the Owner using the information provided in the contact section.
Retention time
Personal Data shall be processed and stored for as long as required by the purpose they have been collected for.
Therefore:
- Personal Data collected for purposes related to the performance of a contract between the Owner and the User shall be retained until such contract has been fully performed.
- Personal Data collected for the purposes of the Owner’s legitimate interests shall be retained as long as needed to fulfill such purposes. Users may find specific information regarding the legitimate interests pursued by the Owner within the relevant sections of this document or by contacting the Owner.
The Owner may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, the Owner may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.
Once the retention period expires, Personal Data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.
Retention and Deletion of Personal Data. Kyte ensures the protection of personal data from the moment users provide their data to Kyte, whether in order to enable the engagement with a product and/or service, or in order to receive communications, invitations and newsletters, as well as in order to improve and optimize their browsing experience on the website. Should they opt at any time for the deletion of their personal data from the storage database, Kyte may retain certain personal information for an additional period for the purposes of complying with legal or regulatory obligations, as well as for the eventual regular exercise of a right of Kyte, as well as for the purposes of audits and compliance with compliance standards. The retention of personal data shall be carried out for the period necessary for the fulfilment of the aforesaid obligations, always observing the periods established in the applicable legislation.
- Non-Disclosure of Users' Personal Data. With the exception of the situations described above, Kyte shall not disclose any personal data of the User, except if duly authorized by the latter or upon action of the User itself, such as the sending of general personal data by email or publications on some social network, upon authorization of the User.
- Additional Personal Data. The additional personal data collected by Kyte through the analysis of each User's browsing and which does not render the User personally identifiable (such as the browsing pattern, for example) are the exclusive property of Kyte, which may use such information in the manner it deems most appropriate.
- Right of Non-Acceptance. The User has the right not to accept the present terms of the Policy and to proceed with the non-insertion of or with the removal of their data from the Platform. However, in the event of removal, this shall not have retroactive effects, such that the actions prior to such removal shall continue to be stored and in use in accordance with the interests of Kyte, observing the applicable legislation.
- International Transfer of Personal Data. Additionally, it is possible that some of the transfers mentioned above occur to recipients located outside Brazil's national territory. In this circumstance, the company undertake to do so only to countries which provide a degree of protection to personal data in line with best practices, always observing the legislation in force, thereby providing users with guarantees of safeguards for their data, with specific contractual clauses, without prejudice to the prior collection of their respective specific consent, where applicable.4.6. WhatsApp Business Platform Data.
- When the merchant connects the merchant's WhatsApp Business account to Kyte, we receive the messages that buyers send to that account, including images, audio files, documents and other attachments, together with the buyer's phone number and WhatsApp profile name.4.6.2. We process this information on the merchant's behalf and in accordance with the merchant's instructions. The merchant is the Data Controller of this data and Kyte acts as Data Processor.
- We use this data solely in order to:a) route the conversation to the correct store and reply on its behalf;b) look up products, inventory, delivery areas and prices in order to respond to the buyer;c) create orders and generate payment links;d) transfer the conversation to the merchant's team when human support is necessary;e) maintain a conversation history that the merchant may consult within the merchant's account.
- Kyte does not use the content of the conversations to improve its product, develop features or train its own artificial intelligence models, which applies equally to data derived from or aggregated from such content.
- In order to generate the replies, the content of the conversation is shared with artificial intelligence providers engaged by Kyte, exclusively in order to produce the response to the buyer. Part of the processing takes place outside Brazil. The updated list of these providers may be requested at help@kyte.com.br
- In the first message of each conversation, we inform the buyer that the support is provided by an assistant with artificial intelligence, we offer a direct path to human support and we indicate how to deal with their data.
- Each merchant accesses only the conversations and the buyer data of its own store. We do not use the WhatsApp Business Platform data for advertising, we do not sell such data and we do not share it with anyone other than the service providers necessary to operate the product, save for legal obligation or determination of a competent authority.
- The content of the conversations is retained in our systems for 12 (twelve) months counted from the last message exchanged. Once the merchant's account is closed or the WhatsApp Business account is disconnected, such content is deleted within 30 (thirty) days. The records of orders and transactions are retained for the periods required by law, regardless of the deletion of the conversations. A buyer who wishes to correct or delete their data may speak directly with the merchant, who is the Data Controller, or write to help@kyte.com.br, and we forward the request to the merchant for handling.
CHAPTER V – THE PURPOSE OF PROCESSING
The Data concerning the User is collected to allow the Owner to provide its Services, as well as for the following purposes: Access to third-party accounts, Registration and authentication and Device permissions for Personal Data access.Users can find further detailed information about such purposes of processing and about the specific Personal Data used for each purpose in the respective sections of this document.
Kyte may use the personal data collected on the Platform, described above, in order to:
a) carry out the identification and the registration of the Users on the Platform, as well as make available the services and all the activities;
b) carry out the recording of searches and preferences of the Users on the Platform;
c) ensure that the content of the Platform is presented in the most efficient manner for the User;
d) assist in carrying out improvements of a general nature on the Platform;
e) carry out internal operations, resolve operational problems and software errors, carry out data analysis, tests and research, as well as monitor and analyze usage and activity trends;
f) process the data collected through different algorithms internal to the service or of third parties;
g) contact and notify the User concerning modifications to the Platform, to its time frames, services offered by Kyte or to its policies and terms of use, when necessary;
h) analyze the manner in which the Users use the Platform, for internal purposes of knowledge and marketing;
i) send newsletters and informative communications;
j) should you be a visitor, in order to offer the products and services of Kyte through contacts by email, telephone or WhatsApp;
k) in order to provide support to the User and follow up on the experience on the Platform for the improvement and optimization of our products and services; and
l) contact the Users by telephone, email or WhatsApp in order to follow up on usage and obtain feedback concerning the Platform.
CHAPTER VI – FACEBOOK PERMISSIONS
This Application may ask for some Facebook permissions allowing it to perform actions with the User's Facebook account and to retrieve information, including Personal Data, from it.
This service allows this Application to connect with the User's account on the Facebook social network, provided by Facebook Inc.
For more information about the following permissions, refer to the Facebook permissions documentation and to the Facebook privacy policy.
The permissions asked are the following:
Basic information
By default, this includes certain User’s Data such as id, name, picture, gender, and their locale. Certain connections of the User, such as the Friends, are also available. If the User has made more of their Data public, more information will be available.
About Me
Provides access to the 'About Me' section of the profile.EmailProvides access to the User's primary email address.
CHAPTER VII – DEVICE PERMISSIONS FOR
PERSONAL DATA ACCESS
Depending on the User's specific device, this Application may request certain permissions that allow it to access the User's device Data as described below.By default, these permissions must be granted by the User before the respective information can be accessed. Once the permission has been given, it can be revoked by the User at any time. In order to revoke these permissions, Users may refer to the device settings or contact the Owner for support at the contact details provided in the present document.
The exact procedure for controlling app permissions may be dependent on the User's device and software.Please note that the revoking of such permissions might impact the proper functioning of this Application.
If User grants any of the permissions listed below, the respective Personal Data may be processed (i.e accessed to, modified or removed) by this Application.
Camera permission
Used for accessing the camera or capturing images and video from the device.
Contacts permission
Used for accessing contacts and profiles on the User's device, including the changing of entries.
Phone permission
Used for accessing a host of typical features associated with telephony. This enables, for instance, read-only access to the “phone state”, which means it enables access to the phone number of the device, current mobile network information, or the status of any ongoing calls.
Social media accounts permission
Used for accessing the User's social media account profiles, such as Facebook and Twitter.
Storage permission
Used for accessing shared external storage, including the reading and adding of any items.
CHAPTER VIII – DETAILED INFORMATION ON
THE PROCESSING OF PERSONAL
DATA
Personal Data is collected for the following purposes and using the following services:
- Access to third-party accounts: This type of service allows this Application to access Data from your account on a third-party service and perform actions with it.
These services are not activated automatically, but require explicit authorization by the User.
- Facebook account access: This service allows this Application to connect with the User's account on the Facebook social network, provided by Facebook, Inc.
Permissions asked:
- About Me and Email.
- Place of processing: United States – Privacy Policy.
- Privacy Shield participant.
- Device permissions for Personal Data access: This Application requests certain permissions from Users that allow it to access the User's device Data as described below.
- Device permissions for Personal Data access (this Application): This Application requests certain permissions from Users that allow it to access the User's device Data as summarized here and described within this document.
- Personal Data collected: Camera permission, Contacts permission, Phone permission, Social media accounts permission and Storage permission.
- Registration and authenticationBy registering or authenticating, Users allow this Application to identify them and give them access to dedicated services.
Depending on what is described below, third parties may provide registration and authentication services. In this case, this Application will be able to access some Data, stored by these third-party services, for registration or identification purposes.
- Google OAuth (Google LLC): Google OAuth is a registration and authentication service provided by Google LLC and is connected to the Google network.Personal Data collected: various types of Data as specified in the privacy policy of the service.Place of processing: United States – Privacy Policy. Privacy Shield participant.
- HelpCrunch (HelpCrunch Inc.): HelpCrunch is a User database management service provided by HelpCrunch Inc. HelpCrunch can also be used as a medium for communications, either through email, or through messages within this Application.Personal Data collected: Cookies, email address, Usage Data and various types of Data as specified in the privacy policy of the service.Place of processing: United States – Privacy Policy.
CHAPTER IX – FURTHER INFORMATION ABOUT
PERSONAL DATA
Push notifications: This Application may send push notifications to the User.
Access the address book: This Application may request access to your address book.
Unique device identification: This Application may track Users by storing a unique identifier of their device, for analytics purposes or for storing Users' preferences.
CHAPTER X – THE RIGHT OF USERS
Users may exercise certain rights regarding their Data processed by the Owner.In particular, Users have the right to do the following:
- Withdraw their consent at any time. Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data.
- Object to processing of their Data. Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent. Further details are provided in the dedicated section below.
- Access their Data. Users have the right to learn if Data is being processed by the Owner, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing.
- Verify and seek rectification. Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected.
- Restrict the processing of their Data. Users have the right, under certain circumstances, to restrict the processing of their Data. In this case, the Owner will not process their Data for any purpose other than storing it.
- Have their Personal Data deleted or otherwise removed. Users have the right, under certain circumstances, to obtain the erasure of their Data from the Owner.
- Receive their Data and have it transferred to another controller. Users have the right to receive their Data in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on the User's consent, on a contract which the User is part of or on pre-contractual obligations thereof.
- Lodge a complaint. Users have the right to bring a claim before their competent data protection authority.
Kyte affords to the respective users the possibility of exercising the rights provided for in the LGPD, by submitting requests relating to their personal data, such as:
- Confirmation of the existence of processing;
- Access to the personal data;
- Correction of incomplete, inaccurate or outdated data;
- Anonymization, blocking or deletion of unnecessary or excessive data, or data allegedly processed in non-compliance with the LGPD, save for the situations provided for by Law;
- Portability of the data to another service or product provider, upon express request by the user;
- Deletion of the data processed with the consent of the user, save for the situations provided for by Law;
- Obtaining information about the entities with which it has shared their data;
- Information about the possibility of the user not providing consent, as well as of being informed about the consequences in the event of refusal;
- Information relating to the processing, storage and destination of the personal data, within the scope of the LGPD;
- Withdrawal of consent.
Exercise of the Rights. The USER may exercise the rights indicated above by contacting the administrators through the email address help@kyte.com.br or the other means of contact for questions mentioned herein.
Details about the right to object to processing
Where Personal Data is processed for a public interest, in the exercise of an official authority vested in the Owner or for the purposes of the legitimate interests pursued by the Owner, Users may object to such processing by providing a ground related to their particular situation to justify the objection.
Users must know that, however, should their Personal Data be processed for direct marketing purposes, they can object to that processing at any time without providing any justification. To learn, whether the Owner is processing Personal Data for direct marketing purposes, Users may refer to the relevant sections of this document.
How to exercise these rights
Any requests to exercise User rights can be directed to the Owner through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by the Owner as early as possible and always within one month.
CHAPTER XI – ADDITIONAL INFORMATION
ABOUT DATA COLLECTION AND
PROCESSING
Legal action
The User's Personal Data may be used for legal purposes by the Owner in Court or in the stages leading to possible legal action arising from improper use of this Application or the related Services.
The User declares to be aware that the Owner may be required to reveal personal data upon request of public authorities.
Additional information about User's Personal Data
In addition to the information contained in this privacy policy, this Application may provide the User with additional and contextual information concerning particular Services or the collection and processing of Personal Data upon request.
System logs and maintenance
For operation and maintenance purposes, this Application and any third-party services may collect files that record interaction with this Application (System logs) use other Personal Data (such as the IP Address) for this purpose.
Records. Kyte maintains the records of access to internet applications, under confidentiality, in a controlled and secure environment, making use of encryption with SSL certificates for such purpose, for the period of 6 (six) months, under the terms of Article 15 of the Brazilian Civil Rights Framework for the Internet.
Information not contained in this policy
More details concerning the collection or processing of Personal Data may be requested from the Owner at any time. Please see the contact information at the beginning of this document.
How “Do Not Track” requests are handled
This Application does not support “Do Not Track” requests.
To determine whether any of the third-party services it uses honor the “Do Not Track” requests, please read their privacy policies.
Changes to this privacy policy
The Owner reserves the right to make changes to this privacy policy at any time by giving notice to its Users on this page and possibly within this Application and/or - as far as technically and legally feasible - sending a notice to Users via any contact information available to the Owner. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom.
Should the changes affect processing activities performed on the basis of the User’s consent, the Owner shall collect new consent from the User, where required.
Definitions and legal references
Personal Data (or Data): Any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.
Usage Data: Information collected automatically through this Application (or third-party services employed in this Application), which can include: the IP addresses or domain names of the computers utilized by the Users who use this Application, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server's answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User's IT environment.
User: The individual using this Application who, unless otherwise specified, coincides with the Data Subject.
Data Subject: The natural person to whom the Personal Data refers.
Data Processor (or Data Supervisor): The natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Controller, as described in this privacy policy.
Data Controller (or Owner): The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data, including the security measures concerning the operation and use of this Application. The Data Controller, unless otherwise specified, is the Owner of this Application.
This Application: The means by which the Personal Data of the User is collected and processed.
Service: The service provided by this Application as described in the relative terms (if available) and on this site/application.
European Union (or EU): Unless otherwise specified, all references made within this document to the European Union include all current member states to the European Union and the European Economic Area.
Legal information: This privacy statement has been prepared based on provisions of multiple legislations, including Art. 13/14 of Regulation (EU) 2016/679 (General Data Protection Regulation).This privacy policy relates solely to this Application, if not stated otherwise within this document.
CHAPTER XII - COLLECTION
OF NON-PERSONAL DATA
When you open the Mobile Application our servers automatically record information that your device sends. This data may include information such as your device's IP address and location, device name and version, operating system type and version, language preferences, information you search for in our Mobile Application, access times and dates, and other statistics.
Additional Data. The additional non-personal data, that is, which cannot be used for your identification, may be used for any purpose regardless of authorization or notice.
Even though certain personal data are submitted to processes of anonymization, pseudonymization or deletion of direct identifiers (such as name, store ID, email, CPF or contracted plan), Kyte acknowledges that the use of artificial intelligence technologies to map patterns of interaction, behavior or preferences of the user may, in exceptional cases, generate a residual risk of indirect re-identification.Kyte adopts technical, organizational and contractual measures to minimize such risks, but considers it important to inform users that, depending on the volume, cross-referencing or singularity of the data generated, there may be a residual statistical risk of identification.
CHAPTER XIII - USE AND PROCESSING OF
COLLECTED INFORMATION
Any of the information we collect from you may be used to personalize your experience; improve our Mobile Application; improve customer service and respond to queries and emails of our customers; process transactions; send notification emails such as password reminders, updates, etc; run and operate our Mobile Application and Services. Non-Personal Information collected is used only to identify potential cases of abuse and establish statistical information regarding Mobile Application traffic and usage. This statistical information is not otherwise aggregated in such a way that would identify any particular user of the system.We may process Personal Information related to you if one of the following applies: (i) You have given their consent for one or more specific purposes. Note that under some legislations we may be allowed to process information until you object to such processing (by opting out), without having to rely on consent or any other of the following legal bases below. This, however, does not apply, whenever the processing of Personal Information is subject to European data protection law; (ii) Provision of information is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof; (ii) Processing is necessary for compliance with a legal obligation to which you are subject; (iv) Processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in us; (v) Processing is necessary for the purposes of the legitimate interests pursued by us or by a third party. In any case, we will be happy to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
CHAPTER XIV - INFORMATION TRANSFER AND
STORAGE
Depending on your location, data transfers may involve transferring and storing your information in a country other than your own. You are entitled to learn about the legal basis of information transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by us to safeguard your information. If any such transfer takes place, you can find out more by checking the relevant sections of this document or inquire with us using the information provided in the contact section.
CHAPTER XV - ADDITIONAL RIGHTS OF USERS
You may exercise certain rights regarding your information processed by us. In particular, you have the right to do the following: (i) you have the right to withdraw consent where you have previously given your consent to the processing of your information; (ii) you have the right to object to the processing of your information if the processing is carried out on a legal basis other than consent; (iii) you have the right to learn if information is being processed by us, obtain disclosure regarding certain aspects of the processing and obtain a copy of the information undergoing processing; (iv) you have the right to verify the accuracy of your information and ask for it to be updated or corrected; (v) you have the right, under certain circumstances, to restrict the processing of your information, in which case, we will not process your information for any purpose other than storing it; (vi) you have the right, under certain circumstances, to obtain the erasure of your Personal Information from us; (vii) you have the right to receive your information in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that your information is processed by automated means and that the processing is based on your consent, on a contract which you are part of or on pre-contractual obligations thereof.
CHAPTER XVI - THE RIGHT TO OBJECT TO
PROCESSING
Where Personal Information is processed for a public interest, in the exercise of an official authority vested in us or for the purposes of the legitimate interests pursued by us, you may object to such processing by providing a ground related to your particular situation to justify the objection. You must know that, however, should your Personal Information be processed for direct marketing purposes, you can object to that processing at any time without providing any justification. To learn, whether we are processing Personal Information for direct marketing purposes, you may refer to the relevant sections of this document.
How to exercise these rights
Any requests to exercise User rights can be directed to the Owner through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by the Owner as early as possible and always within one month.
CHAPTER XVII - BILLING AND PAYMENTS
In case of services requiring payment, we request credit card or other payment account information, which will be used solely for processing payments. Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the latest security standards as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. Sensitive and private data exchange happens over a SSL secured communication channel and is encrypted and protected with digital signatures.
Payment-Related Personal Data. The personal data relating to payments shall not be administered nor maintained by the Platform or by KYTE. the USER shall inform themselves about the own Privacy Policy of these Platforms.
CHAPTER XVIII - PRIVACY OF CHILDREN
We do not knowingly collect any Personal Information from children under the age of 13. If you are under the age of 13, please do not submit any Personal Information through our Mobile Application or Service. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce this Policy by instructing their children never to provide Personal Information through our Mobile Application or Service without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Information to us through our Mobile Application or Service, please contact us.
CHAPTER XIX - NEWSLETTERS
We offer electronic newsletters to which you may voluntarily subscribe at any time. You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or by contacting us. However, you will continue to receive essential transactional emails.
- Sending of Communications. The USER, upon registering, agrees that KYTE may send to the email address provided notifications and communications, news about the services or important information that requires their attention, in addition to advertising material about new services of the Platform and also of its partners.
- Option for Non-Receipt. When the USER receives an email from KYTE, on behalf of the KYTE platform, there shall be the possibility of opting no longer to receive them, and they may also request non-receipt by sending a message through the email address help@kyte.com.br, requesting the deletion of their address from the mailing list.
- Necessary Receipt. The User may not exercise the option of cancelling the receipt of messages, sent by the administration of the platform and strictly related to the maintenance of their registration on the Platform, should they register an account on it.
- AntiSpam Policy. KYTE takes the necessary care to avoid the unsolicited sending of emails to the USERS. For this reason it is established that the use of the tool "Send this link to a friend", for the purpose of Spam, or the indiscriminate sending of messages of any nature by electronic mail, on the part of the Platform or of KYTE, is absolutely prohibited.
- Confidentiality of Email Addresses. The maximum level of confidentiality is assured in the handling of the USERS’ email list during regular administration tasks, in order to avoid the misappropriation and misuse of such information, such information not being disclosed online nor to third parties.
- Removal of Email Addresses. The USERS are guaranteed the possibility of removal of their respective electronic mail addresses registered at the moment of registration, using the services permanently available, in accordance with current legislation.
CHAPTER XX - REMARKETING
We also may permit certain third-party companies to help us tailor advertising that we think may be of interest to users and to collect and use other data about user activities in the Mobile Application. These companies may deliver ads that might place cookies and otherwise track user behavior.
CHAPTER XXI - LINKS TO OTHER MOBILE APPS
Our Mobile Application contains links to other mobile applications that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such other mobile applications or third-parties. We encourage you to be aware when you leave our Mobile Application and to read the privacy statements of each and every mobile application that may collect Personal Information.
Limit of Liability. Kyte shall not be liable for the privacy policies and practices of websites which are not operated by it, even though access to the same is carried out through the Platform. We recommend to the Users that they consult the policy of each site they visit, and that they contact the respective owner or operator, should they have any doubt or question.
Likewise, Kyte shall not be liable for any information requested or policies arising from direct contact and agreements entered into between the Users.
CHAPTER XXII - INFORMATION SECURITY
We secure information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use, or disclosure. We maintain reasonable administrative, technical, and physical safeguards in an effort to protect against unauthorized access, use, modification, and disclosure of Personal Information in its control and custody. However, no data transmission over the Internet or wireless network can be guaranteed. Therefore, while we strive to protect your Personal Information, you acknowledge that (i) there are security and privacy limitations of the Internet which are beyond our control; (ii) the security, integrity, and privacy of any and all information and data exchanged between you and our Mobile Application cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit by a third-party, despite best efforts.
- Necessary Protection Measures. KYTE takes all the necessary measures to protect the personal data of the USER, and to protect them against loss, misuse and unauthorized access, disclosure, alteration or destruction, making use of the most recent technologies and encryption software, certified with SSL, in addition to adopting rigorous security standards in order to avoid any unauthorized access to the data.
- Protection of Passwords. The USER is equally responsible for taking the appropriate measures intended to protect their passwords, usernames and other special access resources to the personal registration on the Platform.
- The personal information of the account of the USERS shall be kept on the hosting provider, with SSL certificates, and only authorized collaborators of the Platform may have access to your personal information, being subject to absolute confidentiality and rigorous respect for your privacy.
- Should KYTE become aware of any breach of its own security or that of hosting companies, including any hacker or other "break-in", we shall notify you immediately of such breach and provide the maximum detail we possess concerning the nature and extent of the breach and the data compromised.
- Permissions. KYTE, and any person designated by it, may copy, disclose, distribute, incorporate and otherwise use all data, images, rich media, text and other information inserted into the platform for any and all purposes, whether commercial or not, provided that the terms of this Policy and the legislation in force are observed.
- Liability of the User. The USER shall be responsible for indemnifying KYTE for all costs and damages which the latter may incur as a result of the breach of this Policy or of the Terms of Use of the Platform.
- Cooperation. KYTE fully cooperates with any authorities or courts which may request the disclosure of the identity or location of any person who has inserted any material on the Platform which breaches the Clauses set out in this Policy.
- Limitation of Liability. This Privacy Policy addresses only the use and disclosure of personal data collected by the Platform. If you disclose your personal data to third parties on open networks or through sites throughout the internet, different rules may be applied to their use or disclosure of the information. KYTE does not control the privacy policies of third parties, to which you may be subject. We encourage our USERS to inform themselves about the Privacy Policies before disclosing their personal information to third parties. KYTE shall not accept any liability for losses, direct or indirect, due to the security of your personal data during its transfer via the internet.
CHAPTER XXIII - DATA BREACH
In the event we become aware that the security of the Mobile Application has been compromised or users Personal Information has been disclosed to unrelated third-parties as a result of external activity, including, but not limited to, security attacks or fraud, we reserve the right to take reasonably appropriate measures, including, but not limited to, investigation and reporting, as well as notification to and cooperation with law enforcement authorities. In the event of a data breach, we will make reasonable efforts to notify affected individuals if we believe that there is a reasonable risk of harm to the user as a result of the breach or if notice is otherwise required by law. When we do, we will post a notice in the Mobile Application, send you an email.
CHAPTER XXIV - LEGAL DISCLOSURE
We will disclose any information we collect, use or receive if required or permitted by law, such as to comply with a subpoena, or similar legal process, and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request. In the event we go through a business transition, such as a merger or acquisition by another company, or sale of all or a portion of its assets, your user account and personal data will likely be among the assets transferred.
KYTE reserves the right to refuse or remove any connection which contains incorrect information or unsubstantiated claims, or which are in conflict with the mission, policy and purpose of the company or of the Platform.
CHAPTER XXV - CHANGES AND
AMENDMENTS
We reserve the right to modify this Policy relating to the Mobile Application or Services at any time, effective upon posting of an updated version of this Policy in the Mobile Application. When we do we will send you an email to notify you. Continued use of the Mobile Application after any such changes shall constitute your consent to such changes.
- Changes to the Privacy Policy. KYTE may change the Privacy Policy of the Platform from time to time. The use of information collected at this moment is subject to the Privacy Policy in force. If KYTE changes the manner it uses personal information, it shall notify its USERS through an announcement on the Platform, or by sending an email to the USER. In this case the USER becomes responsible for reading such legal notices relating to the changes.
- Tacit Acceptance. The continued use of the services by the USER after the effective date of any change carried out and notified previously constitutes their acceptance of the amended or modified Privacy Policy. For this reason, KYTE encourages the USERS of the Platform to review this Privacy Policy whenever they are going to use the Services.
- Non-Notified Adjustments. Minor adjustments to this Privacy Policy may occur without significantly affecting the ways in which KYTE handles the information collected, such that these shall not need to be notified.
CHAPTER XXVI - ACCEPTANCE OF THIS POLICY
You acknowledge that you have read this Policy and agree to all its terms and conditions. By using the Mobile Application or its Services you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to use or access the Mobile Application and its Services.
CHAPTER XXVII - CONTACTING US
If you have any questions about this Policy, please contact us.This document was last updated on April 09, 2025.
Contact. The USER may contact KYTE at any moment and share their opinions about the privacy practices or about any matter relating to their personal information. For this they may reach out on the email address help@kyte.com.br or through contact forms within the Platform itself.