Privacy Policy

Evolut Trading LTDA is committed to complying with the laws that protect the privacy of customer and general public data. This page is designed to provide information about how we adhere to data protection standards, what information we collect while you’re browsing our communication channels, and how we collect, use, and protect this information in accordance with Law No. 13,709/2018 (General Data Protection Law – “LGPD”). The use of our products, services, platforms, and other interaction methods is subject to acceptance of this Privacy Policy, including with regard to our employees.

Source of Personal Data

Evolut will have access to personal data in the following situations:

Through interaction with a customer: When the Customer provides and inputs personal data necessary for the provision of services and use of products provided by Evolut.
Interaction with employees: When its employees and collaborators of any nature use its systems and platforms to fulfill the duties and obligations arising from their contractual relationship.

2. Types of collected personal data and sensitive personal data

Without prejudice to the commonly collected and processed data of its employees for the purposes of the legal relationship they have, Evolut may also collect the following personal data:

Names and contact details, such as first and last name, email address, postal address, phone number, and similar types of contact information, including banking data;
Device information, such as information about your device, such as IP address, location, or provider;
Usage and browsing history information, such as information about how the User navigates within our services, their browsing history, and the most used elements of Evolut’s services;

Sensitive personal data that may be collected by Evolut will have their purpose separately informed to the User, who must consent for Evolut to use them in a specific manner, and in case of disagreement, the data will be automatically deleted from Evolut’s databases.

Evolut Trading LTDA does not collect data from minors, except with the authorization of parents or guardians; if collected without authorization, Evolut will immediately delete the collected data, in accordance with the rules of the Terms of Use and this Privacy Policy.

Use of collected personal data

When collected, Evolut will use the personal data to:

Provide and improve contracted services;
Comply with a legal or regulatory obligation;
Manage the relationship with Users;
Configure and manage User accounts;
Provide technical assistance, support, and training to the User;
Contact Users;
Internal research and development purposes and to improve, test, and enhance the features and functions of Evolut’s services;
Provide Users with marketing, advertising, and promotions, including from Evolut’s Partner companies, as permitted by law;
Meet internal and external audit requirements, including Evolut’s information security obligations;
Send email messages to: a) confirm or cancel requests through the platform’s use; b) communicate future changes that this policy may undergo; and c) disclose updates, changes, new data sources, and improvements to the platform.
To exercise Evolut’s rights, including, but not limited to, privacy, security, networks, systems, and properties of Evolut and/or third parties;
Comply with requests from courts, law enforcement authorities, regulatory bodies, and other public institutions and government authorities, including, but not limited to, any applicable rules outside the user’s country of residence;
The exercise of Evolut’s rights and to defend against potential legal actions, as well as to comply with any applicable legislation or regulation concerning Evolut or third parties with whom we work, as well as for the proper performance of contracts concluded between Evolut and its users;
Sharing of personal data with third parties

The User accepts and agrees that Evolut may share their personal data with the following categories of recipients:

Companies that provide access or are responsible for the registration on which the user is dependent;
Partner companies, such as third-party service providers and other companies that assist us in providing our services or that may take action on our behalf, protecting our rights, users, systems, and services;
Third parties to whom Evolut owes an obligation or has authorization to disclose information by law (Example: government agencies, regulatory agencies, the judiciary, and other public authorities);
Third parties in order to participate in the sale, merger, acquisition, restructuring, joint venture, assignment, transfer of part or all of Evolut’s business, in which case the User’s data will be considered an asset and transferred in a potential negotiation;
Third parties who need the data to protect Evolut’s rights;
Any individual or legal entity for whom the User requests data portability.
International transfer of personal data

Evolut Trading LTDA does not intend to transfer any User’s personal data captured outside of Brazil. However, in case there are instances that require such transfers, Users will be informed in advance via email and have the option to consent or decline the transfer. In the event of disagreement, access rights may be denied by Evolut.

The international transfer of data described in the General Data Protection Law (LGPD) requires the guidelines to be established by the National Data Protection Authority (ANPD). When these guidelines are defined, Evolut will commit to fully comply with them.

Protection of personal data

Evolut uses appropriate technologies and procedures to protect any collected personal data (including administrative, technical, and physical protections) according to the level of risk and the service provided. Evolut has a legally responsible team to manage data securely in accordance with legal provisions, regulatory requirements, technological changes, and other relevant factors that may influence data protection.

Evolut makes reasonable efforts to ensure the security of its systems and the collected data, using highly qualified and reputable Internet providers, database servers, and storage, as well as security certificates (SSL) and unauthorized access protection software. Standard methods for encrypting and anonymizing collected data are also employed.

This Policy represents Evolut’s effort to safeguard User information. However, due to the nature of the Internet, it is not possible to guarantee that malicious third parties will not gain unauthorized access to stored information. In such cases, Evolut will assume responsibility within the limits provided by law.

Within a reasonable period defined by the National Data Protection Authority (“ANPD”), Evolut must immediately communicate to ANPD and the affected User any security incidents that may pose relevant risk or damage to the affected User, mentioning, at a minimum:

The description of the nature of the affected personal data;
Information about the data subjects involved;
Indication of the technical and security measures used for data protection, subject to trade secrets;
Risks related to the incident;
Reasons for any delay in communication, in case it was not immediate; and
Measures that have been or will be taken to reverse or mitigate the effects of the damage.
Data processing and Evolut’s responsibility

Evolut’s data processing responsibility is as follows:

When it comes to personal data provided directly by its Customers, Evolut will act as Processor and will operate without interference in the processing method indicated by the Controller, but under the terms of the LGPD;
Evolut will be the Controller of Personal Data of its employees, processing them based on Contract Execution, Compliance with Legal or Regulatory Obligations, and in specific and determined situations, on Consent.

Evolut may adopt different legal bases for the processing of different types of personal data.

Personal data processing period

Evolut calculates the retention period of personal data according to the following criteria:

Period necessary to fulfill the collection purpose;
The time when the Customer/User stops using Evolut’s services;
The time when consent is revoked or a request for deletion of personal data is made by the Data Subject;
The time necessary to demonstrate compliance with Evolut’s duties and

obligations;
The period required by law, regulations, judicial decisions, etc.;
Determination of the National Data Protection Authority;
Compliance with a legal or regulatory obligation by the Controller;
Perfect execution of the contract;
Needs related to compliance with the legal system, as well as for potential legal disputes;
Transfer to a third party, provided that the requirements of data processing required by law are respected; or
Exclusive use by the Controller, with third-party access prohibited, and the data anonymized.
User’s rights

Under the Brazilian General Data Protection Law, the User will have the following rights regarding the processing of their personal data:

Right to Confirmation: The User may confirm if Evolut processes any of their personal data;
Right of Access: The User may make a written request to obtain details of how their information is being used, as well as to receive a copy of that information;
Right to Correction: The User may correct or remove any of their data that is incomplete, inaccurate, or outdated;
Right to Anonymization, Blocking, or Deletion: The User may request the anonymization, blocking, or deletion of unnecessary, excessive, or unlawfully processed data, observing other legal provisions;
Right to Erasure: The User may request the erasure of some data, except those that the law authorizes to be retained;
Right to Information: The User may request information from public and private entities with which Evolut has shared their data, as well as the consequences if they do not consent to the collection and processing of their personal data;
Right to Refuse Marketing: The User may, at any time, request the cancellation of receiving advertisements and other materials through the link provided in the sent marketing email.
Right to Data Portability: The User may request that their personal data be transferred to themselves or third parties, unless they have already been anonymized and deleted by Evolut.
Right to Withdraw Consent: The User may cancel any previously given consent to Evolut to use their personal data. The User is aware that the cancellation will not affect the use or sharing of data done prior to the withdrawal of consent.

The rights outlined in this chapter are not absolute. Whenever the User wishes to exercise them, they should contact Evolut through the channel: contato@evolut.com.br

Evolut commits to responding to such requests as quickly as possible and at no cost to the User, limiting to a maximum of 15 (fifteen) days from the receipt of the request, unless a longer period is necessary due to complexity, factual or legal reasons, in which case the User will be informed.

Evolut will immediately communicate the agents with whom it has shared the User’s data about the correction, deletion, anonymization, or blocking of the data so that they can perform the same procedure.

The confirmation of the existence or access to the User’s personal data outlined in this chapter will be provided electronically or in writing, in a simplified format or through a clear and complete statement that indicates the origin of the data, the absence of registration, the criteria used, and the purpose of the processing, while always respecting Evolut’s commercial and industrial secrets.

Evolut and potential partners may use cookies and similar technologies to store and manage User preferences, offer targeted advertising, enable content, and collect analytical and usage data, for example. The use of cookies and other tracking technologies is a standard on websites and platforms, through which information about User activities on the platform, sites, or other services is collected.

A cookie is a small text file placed on a computer or other device, used to identify the User, the device used, and to collect information. Cookies can perform the following functions:

Necessary Cookies: These are essential to allow the User to navigate a platform and use its features.
Performance Cookies: They collect information on how the User uses Evolut’s platform and are used to improve navigation and enhance the User’s experience. Collected information includes, for example, internet browsers and operating systems used, the domain name of the previously visited site, the number of visits, the average duration of the visit, and the pages viewed.
Functional Cookies: They allow the platform to remember choices made by the User (such as their username or ID, language preference, or the area or region they are in) and provide enhanced and more personalized features.
Advertising Cookies: They track the User’s browsing habits and are used to provide targeted advertising. These cookies also limit the number of times you see an ad and measure the effectiveness of advertising campaigns. They also remember when the User has visited a website, and this information is shared with other organizations, such as advertisers.

Evolut uses necessary and performance cookies.

At any time, the User can disable cookies through their browser settings, by installing plugins available on the market, or by using other necessary technologies.

In addition to cookies, Evolut uses other tracking technologies, such as:

Web Server and Platform Records: Evolut’s servers automatically collect certain information to assist, administer, and protect the services offered, as well as to analyze usage and improve the User’s experience. The collected information includes:

IP address and browser type;
Device information, including Unique Device Identifier (UDID), MAC address, Identifier for Advertisers (IFA), and similar identifiers assigned by us or third parties;
The device’s operating system and other technical data;
The city, state, and country from which you are accessing the Evolut platform, including for fraud prevention;
Information or typed text;
Clicked links and buttons;

Social Network Connections: Some of Evolut’s services may include social media features, such as Facebook’s “Like” buttons and interactive mini-programs.

Evolut may allow the User to opt to use their own social network logins to access some of the services offered. In this case, Evolut may receive and store authentication information from these services.

Contact Information

Questions, comments, suggestions, and/or complaints regarding this Privacy Policy, as well as any need for information, modification, or deletion of personal data, may be addressed by the User directly to Evolut via email: contato@evolut.com.br

Changes

Evolut seeks continuous updates and improvements, so this Privacy Policy may be updated at any time to ensure better provision and protection for users.

In the event of changes that affect the purpose and duration of the processing of User’s personal data, the User will be informed via email registered in our services or through the platform itself with a 30 (thirty) day notice. If there is disagreement with the changes, the User may revoke the given consent, rendering them unable to use Evolut’s services.

If Evolut intends to change its policy to allow data sharing with third parties in the future, it will send a notice 30 (thirty) days in advance to the registered user via email. The user will have the option to disagree with the sharing, and in such case, they can continue to use Evolut’s services.

Users are advised to periodically read this policy to stay updated on its content.

Legislation and Jurisdiction

This Policy will be governed, interpreted, and executed in accordance with the laws of the Federative Republic of Brazil, regardless of conflicts with laws of other states or countries, with the Court of São Paulo having jurisdiction to resolve any issues arising from this instrument, waiving any other, however privileged.