Applicable Legislation:

1. Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC General Data Protection Regulation, hereinafter referred to as “GDPR” and it’s Article 24.
2. Brazilian Law number 13.079 from August 14th, 2018 on the protection and treatment of personal data.

1. Introduction

This policy is made by Embraco Industria de Compressores e Soluções em Refrigeração Ltda a company existing under the laws of Brazil, with its principal place of business at Rui Barbosa street, n. 1020, industrial district, city of Joinville, State of Santa Catarina, Tax Code n. 29.958.609/0001-50, referred to in the rest of this document as “Embraco”.

Embraco is a multinational company, present in all continents, focused on innovative solutions for refrigeration focusing first and foremost on its customers.

Technology innovation, operational excellence and sustainability are part of Embraco’s strategy and ensure the company’s differential in the world market.

Our pursuit of continuous innovation is directly linked to the collection and processing of certain information, be it through our websites, apps, or other forms.

The privacy and security of the personal data we collect is of enormous importance to us. For this reason, we want to explain in a transparent way how we collect, store, share and use such information, as well as describing the controls and the choices available to the data subjects.

2. About this Policy

This Policy defines the details regarding the collection, storage and processing of personal data by Embraco, as a controller according to art. 4, (7) GDPR and art. 5º, VI of the LGPD, as well as other applicable data privacy legislations.

The purpose of this Policy is:

1. Ensure that the individuals from whom we collect information understand what personal data we collect, why we collect them, and with whom we share them;
2. Explain how we use the personal data mentioned;
3. Explain the respective rights and options that individuals have with respect to the personal data we collect and treat and how we will protect this data.

We expect that this policy will provide a good explanation of our commitment to the privacy and the protection of personal data from any third parties from whom we collect information.

If any individual does not agree with the content of this Policy, we remind you that he is free to decide not to accept it.

That being said, in accordance with the principle of minimisation, all personal data collected by us are the inevitable legal or contractual requirement for the fulfilment of the purpose of their processing. The non-provision of mandatory data necessary for contract conclusion may lead to the non-establishment of a contractual relationship.

3. Individual rights and preferences: we provide choice and control options

As provided in terms of applicable law and unless limited by it, the rights granted to individuals are as follows:

1. Right of access: It consists of the right to request access to the personal data we collect and process;
2. Right of rectification: It is the right to request that we change or update personal data whenever they are incorrect or incomplete;
3. Right to delete information: Right to request the exclusion of your information from our databases;
4. Right to restrict: The right to request the cessation, temporarily or permanently, of processing all or some of your personal data;
5. Right of opposition: (i) The right at any time to oppose the processing of your personal data for reasons related to your situation; (ii) Right to object to your personal data being processed for direct marketing purposes;
6. Right to data portability: It consists of the right to request a copy of your personal data in electronic format and the right to transmit such personal data for use in third party services.
7. Right to be informed: The right to be informed about the collection, the use and the appropriate safeguards of their personal data, in the case the personal data is transferred to a third country or to an international organization.
8. Rights related to automated decisions-making, including profiling: It consists of the right not to be subject to a decision based solely on automated processing without any human involvement, including profiling (automated processing of personal data to evaluate certain things about an individual).

4. How do we collect personal data?

We collect personal data in the following ways:

1. Through the use of our websites: We receive and store all the information that is provided to us through the forms that are available on a number of different pages of different websites that we own;
2. Use of our App: This is the personal data collected from your mobile device when, and if, you are utilizing Embraco’s App, the “Toolbox”.
3. Third parties: We receive certain information from third parties, including partners with whom we work. We use this data only if the owner has authorized the third parties to share it.

We use information made anonymous and aggregated for purposes that include testing our IT systems, researching, analyzing data, creating marketing and promotion models, improving our products and services, and developing new features and functionalities.

5. What personal data do we collect and how do we use them?

Below we present the categories of data that we may collect, we expose the reasons why we treat such data and the associated legal basis on which we rely and which allow us to legally perform the treatment.

Category: Website Forms (A)

Description: This includes data that is collected from you when you fulfill specific forms that are present in certain pages found in our websites (B).

Data Collected: a) Name; b) Address; c) Location; d) Phone Number; e) e-mail; f) Profession; g) Country; h) Company.

Treatment: We use the above said information mainly to establish contact and answer questions sent to us by you; to direct to you a range of relevant content (C); to identify distributors near the individual; to control the traffic of information on our websites and also to promote and manage different types of marketing campaigns.

Legal Basis: Legitimate Interest (E).

Category: App Data (A)

Description: Data automatically collected through the use of our App.

Data Collected: a) Location; b) App Traffic.

Treatment: We will use this data in order to analyse navigation and preference data from App users in order to provide to them the relevant services they are looking for through the use of the app.

Legal Basis: Express Consent (D).

Category: Embraco Experience

Description: Embraco’s online platform which contains courses about our portfolio, developed to train and educate the refrigeration market and the general public interested in the subject.

Data Collected: a) First Name; b) Surname; c) City/Town; d) Country; e) Email Address; f) Profession; g) Company; h) Platform Username.

Treatment: Data collected during the users registration on the platform before starting to watch the online courses. We use this information to confirm the users interest in the platform and meet its request for access. In this way, Embraco is able to limit and control the access of the platform to interested parties. We may also, from time to time, use your contact data to inform you about new relevant contents present at the platform (C).

Legal Basis: Legitimate Interest (E).

1. We use Google Analytics, a service which transmits website traffic data to Google servers, to gather information, allowing us to understand interactions with both applications and ultimately refine the experience to better serve our users. It is important to clarify that these data do not identify individual users or associates their IP address with any other data. These cookies can track items such as how much time you spend on the website and the pages you visit. For more information about cookies from Google Analytics, you can refer to their official page.
2. The mentioned websites include the following pages: Embraco’s main website; Refrigeration Club; Products Embraco (PSS);
3. We emphasize that all marketing emails sent by Embraco have a link to unsubscribe if the recipient does not wish to receive more messages of that type;
4. Consent is collected upon via clear and specific requests answered by the data subject. If any individual chooses not to give their consent, data collection will not occur.
5. Embraco’s legitimate interest in the treatment of personal data doesn’t, in any way, infringe data subjects rights under all relevant legislation.

6. Sharing of personal data

By agreeing with the collecting and storing of the data, in any of the ways described above, individuals also understand that Embraco may share such data with certain third parties, as follows:

Service Providers and Partners (A): We may share your information with strategic partners and other third parties with the intention to better attend your needs. We also use services from companies specialized in marketing and advertising to better disclose information that may be of interest to you.

Companies from Embraco group (A): We share personal data with other companies in the Embraco group for the performance of our daily activities, and for the purpose of maintaining and providing our services.

Compliance with Law: We may share personal data when we believe in good faith that this is necessary for compliance with a legal obligation under applicable law or to respond to a valid legal process, such as a search warrant, a court order or a subpoena.

1. A. In these cases, Embraco undertakes and is responsible for ensuring that said third parties comply with all the terms of this policy, thus maintaining the confidentiality of all information and the privacy of the data owners.

7. Data conservation and deletion

We retain all personal data that we collect as long as necessary to duly attend our activities and for legitimate and essential business purposes, such as to make business decisions about features and offers based on data, comply with our legal obligations, and resolve disputes.

At the request of the data subject (as determined in section 3) we will delete or make anonymous their personal data in a way that does not identify him, except in cases where it is legally permitted or obligatory to keep certain personal data, including situations such as following:

1. In the event of any problem relating to the individual, such as an outstanding credit or unresolved claim or dispute, we will retain the necessary personal data until the problem is resolved;
2. If we are required to maintain personal data for our legal, tax, audit and accounting obligations, we will retain the personal data for the period defined by the applicable law;
3. Whenever necessary to our legitimate business interests, such as fraud prevention, among others.

8. Transfer to other countries

Embraco may share the personal data globally with other Embraco group companies in order to perform the activities specified in this Policy. This includes Embraco Group companies in the following countries: Italy, Slovakia, China, Russia, United States of America and Mexico.

Embraco may also subcontract the treatment to, or share personal data with, third parties located in countries other than the data subject’s country of residence (as mentioned in section 6). This data may therefore be subject to privacy laws other than those in force in the data subject’s country of residence.

Personal data collected in the European Union, for example, be transferred and processed by third parties located in a country outside the European Union. In such situations, Embraco will ensure that the transfer of personal data is carried out in accordance with the applicable privacy laws and, in particular, the adoption of appropriate contractual, technical and organizational measures.

9. Keep your personal data safe

We are committed to protecting the personal data we collect and treat. We implement technical and organizational measures to help protect the security of personal data; however, please note that no system is completely secure.

We implement various policies, including encryption, access and retention guidelines, contractual clauses, among others to prevent unauthorized access and unnecessary retention of personal data in our systems, adopting all reasonable measures in order to maximally protect all personal data.

If a situation arises that we, being the controller of the personal data, violate the protection of said data in a manner that shall probably lead to a high risk to the rights and freedoms of natural persons, we will notify said persons of this fact without unreasonable delay.

10. Changes to this Privacy Policy

From time to time, we may make unilateral changes to this Policy. In these cases, an adequate communication will always be sent regarding the changes.

Therefore, it is essential that every individual makes sure that he / she reads all communication sent by Embraco carefully.

This Policy was last updated on October 20th, 2020.

11. How to contact us

Thank you for reading our Privacy Policy. If you have any questions regarding this Policy, including the enforcement of your rights within the meaning of applicable regulations, please contact our team responsible for data protection, who were appointed by us based on their professional qualities and expert knowledge of data protection law and practices, by writing to us at the following address:dpo@embraco.com.