Privacy and Data Policy
Last update: February 14, 2023
This policy describes the information we process to enable the operation of the Website. In order to provide the services and products of the Website, we need to process information about the user. The types of information we collect depend on how the user uses our Website.
Filmelier.com(or “Website”) is an internet website owned, operated and controlled by SOFA DIGITAL LAB PROCESSAMENTO DE DADOS LTDA, a company headquartered in the city and state of São Paulo, at Rua Augusta, nº 2895, Cj. 42, Cerqueira César, CEP: 01413-100, registered with the CNPJ/MF under No. 28.468.748/0001-32.
The Website is committed to respecting the privacy of users and has created this Privacy and Data Policy to explain which personal data is collected and how it is handled by the Website. To use this Website, users must fully agree with its provisions and, if they do not agree, must refrain from accessing or using this Website.
The conditions below must be read carefully, as they describe how the Website treats personal information provided by the user when accessing and using the Website, or collected by the Website to provide the Website's functionality to its users.
If, after reading this Privacy and Data Policy, there is still any doubt or, for any reason, there is a need to communicate with us for matters involving personal data, contact can be made through:
Communication to the person in charge, SOFA DIGITAL LAB PROCESSAMENTO DE DADOS LTDA, via e-mail <firstname.lastname@example.org>
For the purposes of this Privacy and Data Policy, “Users” are all individuals who in any way use the Website.
The Website is online and accessible through the URL https://www.Filmelier.com (or any other that replaces it) and may offer Users, among other features, the possibility of subscribing to newsletters, notifying releases, creating lists and establishing preferences of an optional nature that are exclusive to Users.
The Website is free of charge, notwithstanding the utilization of some interactions which may only be possible through User’s subscription and/ or registration. The use of the content made available in this context complies with access criteria stipulated in current legislation.
Registration of legal entities as Users on the Website must necessarily be carried out by a duly authorized legal representative. For the purposes of these Privacy and Data Policy, when the User is a legal entity, such legal representative will also be considered a User, insofar as their personal data are provided and processed on the Website.
We do not collect or knowingly solicit information from anyone under 13 years old. Children under 13 must not send us information through the Website. If we become aware that we have collected information from an individual under the age of 13, we will disregard the information provided and will not keep it in our databases.
In order for the Website to be able to properly offer the functionality of exclusive optional preferences and features, it is necessary for it to have access to certain personal information about Users (collectively, “Personal Data”). It is not possible to offer the exclusive optional features of the Website without having access to this Personal Data. In such cases, the processing of Personal Data is a condition for using the Website.
Other non-exclusive features will be exempted from the provision of Personal Data.
1.1.1 The User declares to be aware and agrees that these terms, policies and conditions are applicable from the moment the User accesses the Website, without expressly having to consent to them through a Website's form, and regardless of login.
1.1.2 In addition to the above, when using the Website, the User acknowledges and agrees that the Website may use and store cookies and other tracking technologies on the User's computer or mobile device to collect information during the visit, to allow monitoring of the User activities within the Website and through third-party tools, to have control over authentication and to enhance the browsing experience.
1.2 The terms "members", "registered members of the Website", "Users", "visitors", whether plural or singular, shall be understood by the reader as synonyms.
2. ABOUT US
2.1 This Website is a vehicle for information, suggestions, recommendations, tips and reviews of movies and content. No part of the content made available through this Website should be interpreted as professional advice. The Website may be updated by professionals in the Entertainment and Digital Content Industry, and among other features, subscribing to newsletters, notifying releases, creating lists and establishing preferences of an optional nature that are exclusive to Users.
2.2 The Website may offer the following modalities of interaction with its Users:
(i) Movie suggestions, datasheets, trailers, recommendations and news;
(ii) Creation of content lists according to the criteria of the Website and guest professionals from the Industry;
(iii) User’s created Movie Lists;
(iv) Newsletters send to Users, including suggestions based on User’s behavior;
(v) Content release notice, including suggestions based on User’s behavior;
(vi) Directing to partner sites through links, buttons, features and advertising;
(vii) Classification by evaluation, through participation or evaluation by other Users.
2.3 All links, advertising and other services on the Website may be altered or removed at any time. The content of links, advertising and other linked services are the sole responsibility of their suppliers. The Website is not responsible for the functionality, accuracy or legality of the links, advertising, and other linked third-party services. The Website is expressly disassociated from the content of links, advertising and other linked services and does not endorse its contents as its own. To the extent that the Website becomes aware of any illegal content of a link, advertising, or other linked service, it will ensure the removal of such link, advertisement, or other corresponding service.
2.4 The links owned by third parties which, when accessed, take the User to locations external to the Website are these third-parties’ full responsibility, and the Website is not responsible for any access, content, rights or transactions carried out on third-party websites.
3. USE AND INTERACTION WITH USERS
3.1 Login: the Users may be authorized to login to the Website through any of the modalities offered by the Website, such as:
i. User registering for the receipt newsletters, notice of content release among others. After logging in to the Website, the created account will belong to the Website, and therefore subject to this Privacy and Data Policy.
ii. Through e-mail registration and access password. The Website will only have access to the name, email and other optional information entered by the User. After logging in to the Website, the created account will belong to the Website, and therefore be subject to this Privacy and Data Policy.
3.1.1 The User may choose to register as a member on the Website and its services. As a member, the User may subscribe to newsletters, receive notices about releases, create lists and establish preferences of an optional nature that are exclusive to Users.
3.1.2 A member of the Website can be any natural person or an individual. In order to register as a member of the Website, the User may be required to provide an username and a password, in addition to the valid email address. It is not allowed to specify an email address that does not exist. Subsequent changes to the email address must be communicated immediately to the Website.
3.1.3 When the Website requires registration, the User undertakes to provide true personal information, being solely and exclusively responsible for any failure to provide such information correctly. All information registered on the Website is kept confidential in the Website databases. The Website may reject a User’s if it does not meet one of the requirements of these terms or if there is another important reason.
3.1.4 The Website reserves the right to change registration requirements and make membership participation dependent on other requirements. In the event of a change in the registration requirements, the Website has the right to terminate the registration of any User, if such User does not meet any of these requirements.
3.1.5 The User's participation in the Website is permanent. Users can cancel their registration at any time and without justification, by writing to support@Filmelier.com or using any tools that the Website may offer. The Website has the right to terminate the registration of any User in a justified manner, for example if the User provides false information during registration or if the Website is used commercially or other serious violations of the obligations set out herein. From the request, the anonymization of data will take place within the legal term and will be irreversible, with the complete exclusion of the User's profile and contributions.
3.2 Profile: Once logged in, Users may choose to receive a Newsletter as well as information, suggestions, recommendations, tips and reviews of movies.
3.2.1 The information will be treated as private in the User's profile, being used by the Website only for the Website's internal informational purposes, as metrics for the Website's advertising tool, since the User's individualized data will not be sold or traded under any circumstances. Mass and anonymous demographic and behavioral data of the audience may be marketed to improve the User experience.
3.2.2 User behavior information collected within the Website may be used anonymously for advertising purposes on external channels, including Facebook, Google and Instagram Ads, pursuant to this policy.
3.2.4 Once a User's email address is received, it is liable to receive mandatory communications for the functioning of the Website, such as, but not limited to:
i. Access Recovery: Message with an authentication link that allows the User to create a new password.
ii. Verification of authenticity: When registering by email and password, the User receives a message with an authentication link that, when accessed, proves the legitimacy of the registration. This verification is carried out only once and enables the User to interact with the Website's functionalities.
iii. Welcome: electronic message of reception of the User to the functionality and/or the Website.
3.3 Integration with third parties: the Website may have integration with third-party companies to provide newsletter services, access behavior, delivery and interaction with advertisements, hosting, storage and data processing, in addition to the others identified to Users. Simply accessing the Website starts the sharing of browsing data. When registering, Users share their personal data on a non-commercial basis (encrypted transfer and storage).
3.3.1 Users may provide their data to use integrations with third parties and services provided.
3.3.2 The Website shares the Users' navigation with these third-party companies, providing them only with the necessary User data for the sole purpose of (a) segmenting the profiles of the Users who will receive authorized communications; (b) lead mapping and monitoring.
3.3.3 Users may unsubscribe from any service eventually offered through their data registering, at any time, by request sent to support@Filmelier.com or through any option eventually offered in the tool itself, such as preferences alterations through the Website. Communications may be canceled in a non-definitive manner, to be reactivated by the User at any time. The other services may be permanently canceled, and information recovery will not be possible.
3.3.4 Website is authorized by Users to collect navigation data from Users, including pages accessed, as well as buttons clicked, to understand the preferences and habits of Users, through its own system or through authorized third parties, under the terms of this item 3.3.
3.3.5 Data collection, such as the number of clicks, can be performed via API (Application Programming Interfaces).
3.3.6 Notwithstanding the provisions of this section, the User acknowledges and agrees that the Website provides links to other websites, advertising and other services (i.e links to video-on-demand platforms and social networks), but is not responsible for any content made available on such websites, advertising and services, including in relation to purchases or other transactions made on them by Users.
3.3.7 Website is partnered with Commission Junction LLC (“CJ”) and therefore it will be using the CJ “Tracking Code” through part of our advertisers and their links to access promotions. In case of doubt and clarification regarding CJ and its privacy policies and software policies, simply access the following links: https://www.cj.com/legal/privacy-policy-services and https://www.cj.com/legal/privacy-policy-services. cj.com/legal/software-policy.
3.4 The use of the Website services is granted to the User free of charge.
4. INTELLECTUAL PROPERTY
4.1 Regarding the Website property:
4.1.1 All content posted on the Website, as well as on other platforms which may be found online or offline under common ownership, is protected by Brazilian, Mexican, US and international copyright laws, as well as other applicable copyright laws and treaties regarding intellectual property.
4.1.2 No User, member or visitor is authorized to use the brand, logo and/ or other distinctive signs found on the Website or any other online or offline channel or platform under common ownership.
4.1.3 It is prohibited to copy, reproduce or otherwise display any of the brands of the Website. Any unauthorized use may result in violation of intellectual property, industrial property, privacy laws, in addition to civil, corporate and criminal statutes and regulatory standards. Copying, reproducing or otherwise displaying Website content is prohibited. Any unauthorized use may result in violation of intellectual property, industrial property, privacy laws, in addition to civil, corporate and criminal statutes and regulatory standards.
4.2 Regarding User property:
4.2.1 The Website may allow registered Users to submit their own content.
4.2.2 Contributions generated by the User to the Website services only reflect the opinion of the User in question and are the sole responsibility of the person who authorizes and makes them available.
4.2.3 The User agrees to submit only relevant and factual content and comments. Users are prohibited from posting content that glorifies violence, is harmful to minors, defamatory, discriminatory, offensive, threatening or even punishable, if such publication violates the rights of third parties - for example, copyright, trademark, or personal rights (such as a right to privacy and intimacy or right to one's name) - that serves commercial purposes, more specifically advertising. The same applies to setting up links, which have content mentioned above. The Website reserves the right to immediately block and/or delete content that violates these rules and proceed as provided for in item 3.1.5.
4.2.4 The Website may make the inputs written by Website Users, as well as the name and profile picture made available by them, not only visible to other Users within the Website, but also on other platforms (such as smartphone apps or tablets, social media platforms, IPTV offerings or video-on-demand platforms, for example), storing and hosting such content on servers, supported by technical service providers and selected providers (hereinafter referred to as "Affiliates"), once the necessary usage rights for this purpose are granted by the User.
4.2.5 By posting copyright or legal contributions to the services, the User grants us the unlimited and transferable right, of unlimited time and space, to store, reproduce, access, publicly disclose such content, including for example the User's name and profile picture, if directly inserted in the Website, as well as their publications, reviews, notes, comments, rating and other contributions made in the Website, linked to the right to modify the content and create derivative works (for example, translations, adaptations, summaries and advertising) and publish them elsewhere on the Website or externally on third-party websites to disseminate it, always with credit to the User and to the Website. This license granted in this way has the sole purpose of providing the services of the Website and is used only as necessary for the implementation and improvement of the Website, the strengthening of its relationship with the User and the developing of new services to be offered.
5. DATA PROTECTION
6. RESPONSIBILITY, LIMITATIONS
6.1 The Website is not responsible for the simple negligence of its legal representatives and indirect agents outside the essential contractual obligations. This does not apply to injuries to life, body or health. To the extent that liability for simple negligence remains, it will be limited to foreseeable damages, regardless of unlimited liability for gross negligence and willful misconduct.
6.2 User’s personal data will be saved by the Website in accordance with the current state of the art (as is). The Website will not be held liable for damages or misuse of this data by third parties, as long as this is unavoidable with appropriate and advanced data protection measures.
8. GENERAL PROVISIONS
8.1 If any provision of this Privacy and Data Policy is invalid, in whole or in part, this will not affect the validity of the other terms. Instead of the invalid provision, an effective provision that is closer to the economic objective of the ineffective provision should be established. This applies appropriately in case of a regulatory gap.
8.2 Complaints and comments related to the Website are made through support@Filmelier.com.
8.5 If Users have any questions about any rules or conditions set out in these Terms, they must contact the Website immediately at support@Filmelier.com. If necessary, the User may request the personal data provided to the Website, in a definitive manner, upon request sent to support@Filmelier.comwith copy to email@example.com or through the tool eventually made available in the User's area of the Website: (i) full electronic copy of their data; (ii) history of consent to the use of data granted to the Website; (iii) revocation of consent; (iv) account cancellation; (v) recording of all data sharing and processing operations; (vi) consultation, confirmation, correction, portability, sharing and deletion of User data from the Website base. From the request, the anonymization of data will be immediate and irreversible, with the complete exclusion of the User's profile, data and contributions, as well as all their content.
8.6 Users agree to comply with all protective laws, including copyright, relating to the use of the Website.
8.7 Questions not provided for in this term will be decided by the Website, in accordance with current legislation.
8.8 This Privacy and Data Policy was created and shall be interpreted in the Portuguese language. In case of contradiction between a translated version of this Privacy and Data Policy or any element of the Website and their original Portuguese version, the latter shall prevail.
FAQ - GENERAL DATA PROTECTION LAW (LGPD)
1. What is the General Data Protection Act (LGPD)?
The LGPD (Law No. 13.709/2018) is the law that regulates the activities of processing personal data, especially with regard to your privacy. LGPD establishes specific conditions to justify the processing of personal data, and we respect them all. All our processes, products and services are under constant observation to ensure that they are always in line with the LGPD and the principles of personal data protection established by it.
2. What is personal data?
Personal data is any and all information related to an identified natural person or that can be identified, such as: name, SSN, ID, date of birth, address, email, telephone, bank details, geolocation, among others.
3. What is personal data processing?
Treatment is any operation performed with personal data, such as collection, use, access, processing, storage, elimination, transfer, among others. All processing activities carried out with your personal data are considered processing.
4. Can we handle your personal data?
5. What types of personal data do we handle?
6. How do we protect your personal data?
We care a lot about your security and privacy. For this reason, we implement technical, administrative and organizational measures to protect your personal data, which include safeguards, such as strict access controls to IT systems.
7. Who do we share your personal data with?
8. What are your rights?
LGPD grants various rights to the holders of personal data, and we respect them all. Our processes are developed and elaborated in such a way as to allow, whenever appropriate, the fulfillment of your rights. According to the LGPD, you can request: a) Confirmation of the existence of treatment involving your personal data; b) Access to your personal data processed by us; c) Correction of your personal data that are incomplete, inaccurate or out of date; d) The anonymization, blocking or deletion of personal data that are unnecessary, excessive or treated in disagreement with the LGPD; e) The portability of your personal data to another service or product provider, in accordance with the regulations of the national authority, subject to commercial and industrial secrets; f) The deletion of personal data processed with your consent; g) Review of automated decisions and treatments; h) Information about the entities with which we share your personal data; i) Information on the possibility of not providing consent and on the consequences of denial; and j) The revocation of your consent. It is important to remember that compliance with these rights will be analyzed on the feasibility and appropriateness of the request you make. There are cases in which it will not be possible or permitted by law to fulfill all rights.
9. How to exercise your rights?
To make a request regarding the rights listed above, you must send an email to firstname.lastname@example.org. We will respond to your request as soon as possible. If we are unable to fulfill your request, we will inform you of the reasons.
10. How to contact us?
If you have any questions, complaints, suggestions or comments regarding the personal data processing activities carried out by the Website, please contact us at the following email: email@example.com.