Privacy Policy

SUMMARY:
Last updated July 13, 2018

1. Data collected by CBMM or provided by user or third parties
(i) Automatic Information Collection on the CBMM Platform:
(ii) Information you provide to us upon registering on the CBMM Platform:
2. Data Retention
3. Use of collected information
4. Legal bases for the processing
5. Consequence of refusal to provide personal data
6. Data sharin
g
7. Use of cookies and monitoring tools
8. Data security
9. Exclusions
10. Your rights
11. Contact us

APPENDIX 1 - DATA SUBJECT'S RIGHTS
Right of access
Right to rectification
Right to erasure ('right to be forgotten')
Right to restriction of processing
Right to data portability
Right to object
Right to object to direct marketing
Right not to be subject to a decision based solely on automated processing, 
Right to withdraw consent

PLEASE READ CAREFULLY THIS PRIVACY POLICY; YOUR USE OF CBMM PLATFORM IMPLIES IN YOUR AGREEMENT WITH ITS TERMS. 

The site www.cbmm.com and/or www.cbmm.com.br (“CBMM Platform”) is a service offered by Companhia Brasileira de Metalurgia e Mineração (“CBMM”), a private legal entity, registered with the Ministry of Finance under CNPJ/MF no. 33.131.541/0001-08, with headquarters in the City of Araxá, State of Minas Gerais, at Córrego da Mata, s/nº, PO Box No. 08, CEP 38183-903, Brazil (and other companies of the CBMM group as identified here). This Privacy Policy, together with the Terms of Use, describe the terms and conditions applicable to the access and use, by user, of CBMM Platform. 

CBMM is the controller of your personal data collected and processed on the CBMM Platform, as described below. For further details and how to contact us, please refer to the contact us section below.

CBMM EUROPE B.V., established in WTC H-Tower - Zuidplein 96 / 1077 XV, Amsterdam, Netherlands - Tel: +31 (0) 20 881-3140 is acting as the representative of CBMM for purposes of personal data protection compliance in the European Union.   

BY CLICKING “I AGREE” BELOW (OR ON CERTAIN SECTIONS OF THIS PLATFORM) OR NAVIGATING ON CBMM PLATFORM, YOU AGREE WITH THIS PRIVACY POLICY, AND ITS PROVISIONS SHALL RULE THE RELATIONSHIP BETWEEN CBMM AND THE USER. SHOULD YOU NOT AGREE WITH ALL FOLLOWING TERMS, YOU MAY NOT USE OR ACCESS CBMM PLATFORM FOR ANY REASON.

Whenever the terms “CBMM”, “us” or “ours” are provided, they shall refer to CBMM. Likewise, whenever the terms “you” “user” or “your” are used, they shall refer to the user that agrees with this Privacy Policy to use and access the CBMM Platform.

CBMM MAY CHANGE THIS PRIVACY POLICY AT ANY TIME, AT IS SOLE DISCRETION, BY PUBLISHING AN UPDATED PRIVACY PLATFORM AT THE CBMM PLATFORM AND/OR THROUGH COMMUNICATION VIA CBMM PLATFORM or by any other appropriate means as required under applicable law. The date of last update is included in this Privacy Policy for your convenience. We recommend that you pay attention to new updates whenever accessing CBMM Platform, as the access and use of CBMM Platform shall be immediately binding to any changes in this Privacy Policy. The fact that you accept the terms or continue to use the CBMM Platform after its update shall be deemed as acceptance of the changes in this Privacy Policy. Where required by law, we will seek your active consent to the updated terms and Privacy Policy. 

CBMM is committed to protecting your privacy. This Privacy Policy explains how CBMM uses and protects the information we collect and it applies to any personal information that you may provide to CBMM.

1.Data collected by CBMM or provided by user or third parties

1.1.We collect personal information as described below to provide and manage our services and products offered through the CBMM Platform, so as to create an individual and specialized experience for you.

(
i)Automatic Information Collection on the CBMM Platform:

1.2. Regarding individuals navigating on the CBMM Platform with or without having registered thereon, CBMM may collect information as follows: Internet Protocol address (IP address) IP address geolocalization, type of browser used, version of operating system, browser model and characteristics, internet band, reference source, visit duration, page views, navigation path to CBMM Platform (including visited pages).  

1.3. Data collection related to geolocalization shall take place at the CBMM Platform, subject to your specific consent where required under applicable law, to define the navigation language in the CBMM Platform, user access profile analysis, bugs identification, delays and marketing and campaigns monitoring. Besides, certain information is gathered on this CBMM Platform by means of cookies and other tracking technologies as described in Section 7 "Use of Cookies" below and in our Cookies Policy.

(ii)Information you provide to us upon registering on the CBMM Platform:

1.4.WHEN REGISTERING ON THE CBMM PLATFORM, THE USER AGREES TO PROVIDE THE REQUESTED IDENTIFICATION DETAILS, INCLUDING PERSONAL INFORMATION SUCH AS FULL NAME, LOGIN, E-MAIL, CELL PHONE AND ACCESS PASSWORD. Identification information is in principle necessary to register on the Platform and we will not be able to create an account without such information.

1.5.In addition to the information received during registration, we also receive information when you contact us or answers one of our polls.

1.6.Only the account owner may have access to related data. Changes in registration data may only be carried out by the user in their account. CBMM shall not make such changes unilaterally, regardless of alleged reason or case, this without prejudice to your rights under applicable law as describe under Section "Your Rights" below. 

1.7.Your personal data shall be collected, stored and used by CBMM, which may send such information and data to third parties, including its partners, for the performance and control of CBMM Platform, as further described below under the Section "Data Sharing" below. 

1.8.You agree to provide information, documents and other evidence requested should CBMM identify inconsistencies or eventual risk related to user or to user’s activities and deems it necessary to validate registry information.

1.9.If there is reason to believe that data provided upon registration is not true or that there may be a fraud, CBMM shall have the right to suspend or cancel the account, as well as refuse to provide any other services. User shall be fully responsible for any error, delay, loss or damage caused by incorrect, incomplete or not updated registration data.

2. Data Retention

Due to express legal requirement and for the services provided by CBMM, if user chooses to cancel its registration with CBMM, the registration shall be deactivated, it being noted that certain personal data may be stored in our systems for the duration explained below and as permitted under applicable law.

Your personal data will not be kept for longer than necessary for the purposes identified herein, or as required to comply with CBMM's obligations under applicable law or for the establishment, exercise or defense of legal claims, which can in principle be up to ten years after the end of your contractual relationship with CBMM (if any), unless shorter or longer retention periods apply under applicable law.

3.Use of collected information

3.1.We use your data to send you marketing materials, emails, make contact through telephone, disseminate bulletins, complete your registration, prepare statistics and implement marketing and relationship campaigns. Where required by applicable law, we will seek your specific consent for such activities.


3.2.We may also use your data, including personal data, for our internal operations such as your account management, client service, communication between CBMM and user, understanding users’ needs, improvement of content and services of CBMM Platform and implement measures to enforce our Terms of Use and our Privacy Policy.

3.3.We may contact you, or a third party partner hired by CBMM may contact you, in case of violations of Terms of Use, Privacy Policy or eventual agreements with CBMM.

3.4.Subject to our consent as required under applicable law, we may also use your data to notify you on the new features of the CBMM Platform, services provided by us or our partners or companies of the CBMM Group, sending of newsletters, direct mail, mail, promotions, performance of data analysis, developments of new products or services.

3.5.At last, we may use data for statistics analysis in the use of the CBMM Platform and to check the navigation habits of CBMM Platform users. 

4.Legal bases for the processing

  • We will collect and process your personal data for the purposes described under Section 3 above on one of the following legal bases:
  • The processing of your personal data is necessary for performance of a contract with you or in order to take steps prior to entering into a contract with you at your request; 
  • We may need to process your personal data when necessary for compliance with a legal obligation to which we are subject;
  • The processing is necessary for the purposes of our legitimate interests or other CBMM companies' legitimate interests, and such interests are not overridden by your interests or fundamental rights and freedoms; the legitimate interests that we pursue include to manage and maintain the contractual relationship with you, to answer to your specific requests, to ask your feedback in order to improve our Platform and our services;
  • Where your consent is collected to the processing of your personal data as required under applicable law, your personal data will be processed based on such consent.

5.Consequence of refusal to provide personal data
Providing your personal data may be a requirement necessary to enter into or to perform a contract, including for the performance of certain services and functionalities offered by the Platform, such as such as registration to the Platform, subscription to our newsletter(s), replying to and managing of request of information, questions, communication or feedback. In the above referenced circumstances, refusal to provide your personal data would make it impossible for us to perform the contract or to provide the requested services, products or information as above specified.

6.Data sharing
6.1. We may transfer and share your personal data with third parties for use and processing of such personal data for the purposes described below and related to your use of the CBMM Platform: 

(i) third party providers hired by CBMM to provide services on its behalf and under its instructions (as data processors) related to CBMM Platform or services or products hereby made available to CBMM users (see Section 6.2 below);

(ii) companies of the CBMM Group, a list of which is available by clicking here; and

(iii) other third parties which we must share information of users due to legal and regulatory obligations
.


6.2. We may also make your data available in the following cases as permitted under applicable law: (i) if there is a legal obligation or decision of relevant authority; (ii) if the dissemination is necessary to prevent damages or losses to us, you or to third parties; (iii) if there is suspicion of illegal acts; (iv) if CBMM is acquired, incorporated or merged to other corporation (subject to compliance with local requirements).  

6.3 The above may include transfers outside the European Economic Area, including in countries that may not offer the same level of data protection as in the European Economic Area ("EEA"). CBMM will take appropriate safeguards so that personal data remain subject to appropriate level of protection in accordance with applicable Data Protection Law for the purposes identified above. In case any of the above recipient is established in a country outside the EEA that is not covered by an adequacy decision of the European Commission and is therefore not recognized as providing an adequate level of protection for personal data, namely in Brazil, United States, Switzerland, Singapore and China, CBMM shall implement appropriate safeguards, including, but not limited to, relevant data transfer agreements based on the EU Commission Standard Contractual Clauses for the transfer of data to third countries (Article 46, 2., (c) of the GDPR) or binding corporate rules (Article 47 of the GDPR). A copy of these appropriate safeguards may be obtained from contact details provided in the "Contact us" section below.

7. Use of cookies and monitoring tools 

7.1. By clicking on the "ACCEPT" button on the using CBMM Platform cookie banner, you agree with the collection and processing of information and personal data, as provided in this Privacy Policy, including the use of cookies in your computer or device. A cookie is a small piece of programming information in a small text file which is stored in your internet browser or in another location in your hard disk, not storing personal data. 

7.2. Cookies and other monitoring technologies allow CBMM to monitor your navigation in CBMM Platform, in third parties’ platforms (including without limitation, data analysis services, navigation, access and activity, such as Google Analytics) and the path used by the user to reach the CBMM Platform, with the aim of providing better navigation, refining our content, improving the experience in the CBMM Platform and allowing marketing activities.

7.3. In the CBMM Platform the use of cookies is done to: (i) check your account and determine when you are connected; (ii) identify a constant visitor and improve the experience in the use of our services made available through CBMM Platform; and (iii) identify your operating system browser version and IP address. We also use cookies to help measure the performance of advertising campaigns.

7.4. You may control the acceptance and use of cookies by changing the configuration of your internet browser. You may accept all cookies, be notified when a cookie is defined or refuse all cookies. If you prefer, you may delete the cookies in your computer through your browser. However, if you disable the cookies, some resources and services of the CBMM Platform may not work properly. 

7.5. You will always be able to withdraw your consent and change your choice by amending your browser settings in the future. If you disable cookies, this may impact your user experience while on the Platform

8.Data security

8.1. We have taken several steps to protect data form our users, among which the use of a safe server for CBMM Platform and for the storage of data collected and provided by users. Data shall be used by authorized personnel, subject to the execution of a nondisclosure term, and qualified to perform the functions related to contacts and businesses carried out through the internet. Users’ and visitors’ personal information shall be collected and stored according to strict standards of confidentiality and security. From time to time CBMM shall evaluate the internal security and privacy procedures.

8.2. The user account in the CBMM Platform is protected with a personal and nontransferable password, for privacy and security of users. We recommend that users secure against non-authorized access of their password and computer or device, as such are their sole responsibility. User undertakes to always logoff from their account at the end of access of CBMM Platform. 

8.3. CBMM employs its best efforts in the secure access of CBMM Platform, in transactions and information exchange with registered users and visitors, including through encryption process for data via Secure Socket Layers (SSL) protocol. 

8.4. BY AGREEING WITH THIS PRIVACY POLICY, YOU ACKNOWLEDGE THAT THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET IS NOT COMPLETELY SECURE DUE TO SEVERAL FACTORS, INCLUDING FACTORS RELATED TO NETWORK AND OPERATIONS, AND CBMM CANNOT ENSURE FULL SECURITY FOR DATA TRANSMITTED BY USERS TO CBMM PLATFORM. DESPITE EMPLOYING OUR BEST EFFORTS TO PROTECT USERS’ INFORMATION, WE CANNOT ENSURE FULL SECURITY OF DATA TRANSMITTED TO OUR SITE. ANY TRANSMISSION SHALL BE THE SOLE RESPONSIBILITY OF USERS WHICH, BY AGREEING WITH THIS POLICY ACKNOWLEDGE AND EXPRESSLY BEAR SUCH RESPONSIBILITY.

8.5. CBMM shall not be responsible for security failures in the device, computer, cell phone or table of user, such as failures due to viruses, malware, spyware phishing, keylogger and DNS attack or DNS cache poisoning, etc nor for damages or problems due to delay, interruption or blockage in data transmission through the internet. YOU REPRESENT AND AGREE THAT ALL COMMUNICATION THROUGH THE WORLDWIDE COMPUTER NETWORK IS SUBJECT TO INTERRUPTIONS OS DELAYS THAT MAY HINDER OR PREVENT THE SENDING OF ORDERS OR THE RECEPTION OF UPDATED INFORMATION. CBMM SHALL NOT BE LIABLE FOR DAMAGES INCURRED BY ITS USERS DUE TO FAILURE OF SERVICES MADE AVAILABLE BY THIRD PARTIES.

 

9. Exclusions
9.1.This Privacy Police applies solely to CBMM Platform. We may include in CBMM Platform some links to third party pages or services. You represent that you are aware that such third party’s sites are not subject to this Privacy Policy. CBMM shall not be responsible for privacy practices or for the content of any other site a link in the CBMM Platform directs to. 

10. Your rights

 You are entitled at any moment to enforce the rights available to you under applicable data protection laws, including but not limited to the right of access, rectification, restriction, erasure, opposition (including objecting, at any time and for free, to the processing of your personal data for direct marketing purposes), right to portability as well as the right to withdraw your consent.  You also have the right to lodge a complaint with the competent supervisory authority.

For a summary on what the abovementioned rights involve and how you can exercise them, please refer to Appendix 1 to this Privacy Policy.

11.Contact us

11.1.Should you have any questions related to this Privacy Policy or related to the Terms of Use, or should you wish to exercise your rights as explained herein, please contact us


APPENDIX 1 - DATA SUBJECT'S RIGHTS

As an individual whose personal data is processed as described in this Privacy Policy, you have a number of rights which are summarized below. Please note that exercising these rights is subject to certain requirements and conditions as set forth in applicable law.

Right of access
Subject to applicable law, you have the right to obtain confirmation from us as to whether or not personal data that concerns you is processed, and, if so, to request access to such personal data including, without limitation, the categories of personal data concerned, the purposes of the processing and the recipients or categories of recipients. However, we do have to take into account the rights and freedoms of others, so this is not an absolute right. If you request more than one copy of the personal data undergoing processing, we may charge a reasonable fee based on administrative costs.

Right to rectification
You have the right to request from us the rectification of inaccurate personal data concerning you. You also have the right to request that incomplete personal data be completed, including by means of providing a supplementary statement.

Right to erasure ('right to be forgotten')
You have the right to request from us the erasure of personal data concerning you in certain circumstances as defined under applicable law. When your request falls within one of those circumstances, we will erase your personal data without undue delay. 

Right to restriction of processing
In certain circumstances as defined under applicable law, you have the right to request the restriction of processing of your personal data. In such case, your personal data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest.

Right to data portability
In certain circumstances as defined under applicable law, you have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and you may have the right to transmit that data to another controller or to have such personal data transmitted directly from us to another controller, where technically feasible.

Right to object
In certain circumstances as defined under applicable law, you have the right to object, on grounds relating to your particular situation, at any time to the processing of your personal data by us and we can be required to no longer process your personal data unless we demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of egal claims.  

Right to object to direct marketing
Where your personal data are processed for direct marketing purposes, you have the right to object at any time to processing for such direct marketing (including profiling related to such direct marketing). 

Right not to be subject to a decision based solely on automated processing, 
Subject to certain restrictions, you have the right not to be subject to a decision based solely on automated processed, including profiling, which produces legal effects on you similarly significantly affects you.

Right to withdraw consent
If you have declared your consent for any personal data processing activities as described in this Privacy Policy, you can withdraw this consent at any time with future effect. Such a withdrawal will not affect the lawfulness of the processing prior to withdrawal of the consent. 
If you wish to access such personal data or exercise any of the rights listed above, you should apply in writing, providing evidence of your identity by contacting us as described in the section "Contact Us".
Any communication from us in relation to your rights as detailed above will be provided free of charge. However, in case of requests that are manifestly unfounded or excessive, in particular because of their repetitive character, we may charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested; or refuse to act on the request.

In case you have a complaint about the processing of your personal data, you have the right to lodge a complaint with a competent supervisory authority.
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