Data Privacy Policy: LGPD

Version updated on October 5th, 2020

This Policy incorporates Hotmart’s Terms of Use. You should read the following conditions carefully, because they contain important information about the privacy and protection of your personal data. The handling of personal data is a condition for using the Hotmart Platform. It is not possible to offer the Platform’s features without having access to this personal data. This Policy and its respective updates shall prevail over all policies, proposals, contracts, prior understandings and agreements, verbal or written, which may exist between the parties dealing, directly or indirectly, with the subject of privacy.

INTRODUCTION

(I) The solutions contained on the Hotmart Platform (or simply “Platform”) are provided by LAUNCH PAD TECNOLOGIA, SERVIÇOS E PAGAMENTOS LTDA. (“Hotmart”), a private legal entity, registered with the Corporate Tax Number (CNPJ/MF - Brazil) under No. 13.427.325/0001-05, headquartered in Belo Horizonte/MG, at Rua Bernardo Figueiredo nº 33, 1º andar, Bairro Serra - CEP 30.220-140, Belo Horizonte – MG. In cases where purchases made by Buyers or Producers outside Brazil, part of the solutions will be directly provided by HOTMART B.V. a Dutch company with headquarters in Singel, at 542, 1017 AZ Amsterdam, The Netherlands, registration No. 60335777 (jointly, (“Hotmart”, “our” and “we”) and also subject to the specific HOTMART B.V. Privacy Policy.

(II) This Privacy Policy ("Policy") aims to establish the rules on (a) how and for what purposes the personal data is processed by Hotmart; (b) with whom such personal data may be shared; and (c) how Users can manage their personal data.

(III) Hotmart reserves the right, at any time, to change this Privacy Policy, updating its content according to the needs for technological improvement or of its features.

(IV) Whenever there is any change to the Privacy Policy, Hotmart will communicate its Users, alternatively, by publication in a prominent area on the Platform, by email, or by any other way that allows us to communicate with you. In the same manner, you should check this Policy’s updated version every time you visit the Hotmart Platform.

(V) If you do not agree with the new Privacy Policy terms, you must cease using the Platform.

(VI) This Policy’s official language is Portuguese. Any version in another language is a translation provided as a courtesy. In case of conflict due to interpretation, the version in Portuguese shall prevail for personal data processed by Hotmart.

1. GENERAL INFORMATION

1.1. Types of Users: Hotmart Platform Users are Producers, Affiliates and Buyers, as defined in the Terms of Use.

1.2. Forms of Data Processing: Hotmart’s processing of personal data will vary according to your behavior. The Hotmart Platform has a few features, among them are:

1.2.1. Hotpay: Payment platform made available to Producers so that Buyers can make purchases of Content or Services inside and outside the Platform (such as the "card machines" in physical stores). Hotpay also consists of a payment account, in which Producers can manage their balance resulting from their sales through the Platform. Hotmart will create an account for the Buyers, so that they can manage their purchases, if they wish to. A transactional email will be sent to Buyers confirming their purchases and payment details. In certain situations, and at the Buyer’s request, Hotmart will not send the transactional email. In these cases, sending it will be the responsibility of the Producer and/or Affiliate.

1.2.2. Producer Account Management: The platform used by Producers, in order to submit and control the Content. Affiliates can also use the Producer Account Management tool to manage the content they promote.

1.2.3. Hub: The area through which Buyers can manage subscriptions and purchases, by means of a password sent after the purchase of the Content.

1.2.4. Club: The area through which Producers make their Content available for sale to their Buyers, creating a members' area for the delivery of the Producers' content.

1.2.5. Display: Area through which the Producers make their Products available for sale via the Hotmart website.

1.3. Offer of Content: Our Platform has been developed to allow offers of content in various digital formats (video, audio, text, software, etc.) to be made to Buyers, created by or licensed to Producers by third parties ("Content”).

1.4. Tools: Among other activities, we collect personal data to provide Users with tools to provide, manage, offer, purchase and access the Content, depending on their performance on the Hotmart Platform.

1.5. Sharing with third parties: Through this Policy, we want to be transparent about what personal data about you we collect and use on the Platform. We remind you that some of your personal data is shared with third parties for the effective operation of the Platform.

2. DATA FROM MINORS UNDER THE AGE OF 13

2.1. Processing the personal data of minors: We do not collect or knowingly request personal data from minors under the age of 13. Users under the age of 13, or teenagers between 13 and 18, who are not duly emancipated or who are not properly represented or assisted by their parents or legal guardians, should not try to register to access the Platform, or send us any personal data. If we become aware that we have collected personal data from a minor outside these circumstances, we will cancel the account created on the Platform and delete the personal data, only keeping personal data with the purpose of avoiding another registration attempt.

3. PERSONAL DATA PROCESSED BY HOTMART

3.1. Buyer Registration Data: (a) Full name; (b) Email; (c) Password; (d) Other information that the Buyer wishes to add.

3.2. Registration Data for Events, Newsletter and / or Hotmart Relationships: (a) Name; (b) E-mail; (c) Other information that Hotmart may request for Events, Newsletter and / or Relationship.

3.3. Producer and Affiliate Registration Data: (a) Full name; (b) Email; (c) Password; (d) Date of birth.; (e) Address.; (f) Telephone; (g) Cell phone; (h) ID (i) Copy of ID (j) Country of residence; (k) Information referring to monthly income; (l) Other information that Producers and/or Affiliates wish to add (such as photo or profile description).

3.4. Payment Information: (a) Credit card information (including card number, name of the holder, validity and CVV code); (b) ID number (for the issuance of bank payment slip).

3.5. Support Data: (a) Name; (b) Email; (c) Subject; (d) Current country; (e) Language of the reply. At your discretion, you may submit other types of documents, information and/or data to Hotmart Customer Support ("Supplementary Documents"). Hotmart may request Supplementary Documents that will assist in the service.

3.6. Producer and/or Affiliate Support Data: (a) Name; (b) Email linked to the Payoneer account; (c) Proof of Residence; (d) Bank Receipt; (e) Email of partners and former partners. At their discretion, Producers and/or Affiliates may submit other types of documents, information and/or data to Hotmart Support ("Supplementary Documents"). Hotmart may request Supplementary Documents that will assist in the service.

3.7. Activity Data: (a) Platform use frequency; (b) Browser information; (c) Connection information; and (d) Purchase history, if the Buyer has an account.

4. HOTMART ACTING AS AN OPERATOR

4.1. Hotmart as an Operator: Under certain circumstances, Hotmart collects certain personal data from Buyers according to instructions from third parties, and processes the personal data on behalf of these third parties. Below, we describe a few examples:

4.1.1. Data collected on behalf of Producers: Producers may request, through the Platform, additional personal data from Buyers at the time of purchase in order to provide the Content to the Buyers. The personal data requested may include, for example: (a) Name; (b) Email; (c) Address, with the submission of proof of residence; (d) ZIP code; (e) ID number; (f) Phone No.; (g) Instagram Profile; (h) Purchase history, if the Buyer has an account; (i) Country of residence.

4.1.2. Data collected for payments: Information necessary for processing transactions made via Platform, in which Hotmart acts as the operator of the respective financial institutions: (a) Credit card information (including card number, name of the holder, validity and CVV code); (b) ID number.

4.1.2.1. Data collected for international transactions: Information necessary for international transactions via Platform. This personal data is collected and shared with Hotmart B.V. for the operationalization of Hotmart B.V. activities. The personal data collected may include, for example: (a) Full Name; (b) ID number; (c) Credit Card Identification; (d) Transaction Code; (e) Country of Residence; (f) Amount Calculated.

4.1.2.2. Credit Card information: The credit card information collected through HotPay is in no way stored on the Platform, nor can it be passed on to Producers, who are not the controllers of this information.

4.2. Producer Control: Whenever Hotmart acts as an operator,this personal data will be transferred to the Producers and will be under their control. Therefore, Hotmart will not be responsible for the processing of this personal data by Producers. However, should Users request access to their personal data, we may, under certain circumstances, comply with such requests, if applicable.

4.3. Producer Statement: Producers state and acknowledge being the effective controllers of the Buyer's personal data, in the context of offering your products and services taking into account that in these cases, the Producer is the one who determines how the personal data of their customers (Buyers) is processed. Thus, the Producers acknowledge that they are solely responsible for fully respecting the applicable legislation on personal data protection, especially the LGPD (General Personal Data Protection Law).

5. PURPOSE OF HOTMART’S COLLECTION AND PROCESSING OF PERSONAL DATA

Data
Purpose
Buyer Registration Data
  • Register;
  • Link their Hotmart account to third-party social networks;
  • Identify Platform Users, including text messaging (SMS) or email;
  • Purchase Content;
  • Allow access to the Content;
  • Manage payments and subscriptions;
  • Send text messages (SMS) or email with transaction information, such as: Content access link, bank payment slip, due date notification, among others
  • Perform support activities;
  • Perform activities of fraud prevention analysis on the Platform;
  • File purchasing history;
  • Authenticate Users upon the submission of supporting documents.
  • Adjust the structure of events according to the Buyer’s special needs, an activity to be carried out by the Producer (Controller) or on his/her behalf;
Event Registration Data, Newsletter and/or Hotmart Relationship
  • Carry out registration in Events;
  • Sending Newsletters;
  • Sending Communications;
  • Sending Educational Material;
  • Media campaigns focused on advertising and promotions.
Producer and Affiliate Registration Data
  • Register;
  • Link their Hotmart account to third-party social networks;
  • Identify Platform Users, including text messaging (SMS) or email;
  • Allow User access (Producers and/or Affiliates) on the Platform, by means of identify authentication;
  • Check the authenticity of the information and documents provided by Users (Producers and/or Affiliates), including through processing and cross-checking
  • Provide services to Users;
  • Contact Users, when necessary;
  • Send communications;
  • Perform payment-related communication, such as sending transactional emails, allow access to the Content for Buyers and other related information;
  • Send email marketing, advertising and promotional email exclusively to Producers and/or Affiliates
  • Allow Producers and/or Affiliates to manage their account and balance;
  • Allow the purchase of Content by using the balance in the Producer’s payment account;
  • Operate the purchases of Content when Buyers or Operators are not located in Brazil;
  • Authenticate Users upon the submission of supporting documents;
  • Perform support activities;
  • Authenticate Users upon the submission of supporting documents; and
  • Customize User registration on the Platform.
Payment Information
  • Management of payments;
  • Authenticate Users upon the submission of supporting documents;
  • Management of purchase payments when Buyers or Producers are not located in Brazil, through Hotmart BV;
  • Perform activities of fraud prevention analysis on the Platform.
Support Data (Buyers, Producers and/or Affiliates)
  • Perform User support activities in order to meet the requested demands;
  • Registration verification;
  • Content verification;
  • User identity verification;
  • Update Producers registration on the Platform.
Activity Data
  • Customize the Platform according to the Producer and/or Affiliate’s experience;
  • Perform analysis and studies related to Producer and/or Affiliate behavior, interests and demographics;
  • Sending communications, such as email marketing, remarketing and other advertising campaigns on media channels.
  • Authenticate Users upon the submission of supporting documents;
  • Constant Platform improvements;
  • Store purchasing history.
  • Navigation analysis, including on the Display, to optimize the Platform and offer Products and Services.

6. COOKIES

6.1. Use of “Cookies”: When you access the Platform, we may use "Cookies" to recognize Users profiles and customize their experience on our Platform, as well as the services and other content available on the Platform.

6.2. What are “Cookies”? “Cookies” are small text files transferred to the User's device that help identify Users.

6.3. “Cookie” functionality: Certain features are only available through the use of Cookies. If the User disables or refuses this function, the use of the Platform or services may be limited or impossible.

6.4 “Cookie” Policy: For more detailed information on how personal data is collected, the use of cookies and similar tools, please visit our Cookie Policy.

7. EXCLUSION OF PERSONAL DATA

7.1. Retention Period: All User personal data process in accordance with this Policy will be maintained by Hotmart for as long as necessary for the respective purposes. We may also retain information as required by law or regulation or for the regular exercise of rights, or under circumstances where Hotmart or third parties have a legitimate purpose.

7.2. Requests for Exclusion: You may delete your Hotmart account at any time by accessing the Platform Settings, with the use of any other means to achieve this goal being ineffective. In this case, we may retain information as required by law or regulation or for the regular exercise of rights, or under circumstances where Hotmart or third parties have a legitimate purpose.

8. SHARING PERSONAL DATA

Hotmart may share your personal data with third parties, as described in the table below:

Data Shared
With whom?
Purposes for sharing
Registration Data and Activity Data (Users)
Companies and employees in Hotmart’s group
  • Provision of the services offered by the Platform.
  • Management of purchases when Buyers or Producers are not located in Brazil.
  • Improvement of the Platform’s features and of the services provided by Hotmart.
Registration Data and Additional Buyer Data
Information requested by Producers in order to provide the services
  • The Content made available by the Producer (Important: In this case, the sharing results from Hotmart's role as the Operator of the indicated Data)
Payment Information and Buyer Registration Data
Financial Institutions (Payment Information)
  • In this case, the sharing results from Hotmart's role as the Operator of the indicated Data.
  • Process payments made through the Platform for the purchase of Content. Sending confirmation of the purchase made through the Platform.
Buyer, Producer and Affiliate, Events, Newsletter and Relationship Registration Data; Payment Data; Support Data (Buyer, Producer and/or Affiliate); Activity Data
Judicial or governmental authorities
  • For compliance with requests made by judicial or governmental authorities, as provided in applicable law or regulation.
Buyer, Producer and Affiliate, Events, Newsletter and Relationship Registration Data; Payment Data; Support Data (Buyer, Producer and/or Affiliate); Activity Data
Financial, Accounting, Legal Consultants and Potential Investors
  • For analysis by the Hotmart business group.
  • For the eventual sale and/or acquisition of shares and assets.
  • For the restructuring of the Hotmart business group.
User Registration Data, Payment Data and Activity Data of Users and Visitors
Service Providers
  • Allow the development of Hotmart’s activities.
  • Allow the improvement of Platform services and operations, such as, but not limited to data backup, email and database service providers, invoice issuance services, among others.
  • Fraud prevention services to prevent illegal activities, disputes, complaints about the Content or any indication of illegality committed by Users, including the dissemination of SPAM and situations involving potential threats to someone's physical security. In certain cases, if deemed necessary, Hotmart may provide the data collected to bodies and entities that will intervene in the investigation or in the settling of disputes among Users or between Users and third parties, such as insurance companies, arbitration courts, and other competent administrative bodies.
  • To authenticate forwarded documents.
  • To Check lists of users with restrictions and allow customer support services.
  • Conduct analytical studies.
  • Processing and storage of personal data.
  • Sending communications, such as email marketing, remarketing and other advertising campaigns on media channels.

9. HOTMART SPARKLE INTEGRATION

9.1. Platform Linking: Users may link their Hotmart Account to an account on Hotmart Sparkle, Hotmart’s social network. To do so, Users can access Hotmart Sparkle with the same email and password used to access their Hotmart Account. From your first access on Sparkle, your personal data will be linked. Hotmart Sparkle may collect and process other types of personal data for other purposes, as described in the Hotmart Sparkle Privacy Policy.

10. INTERNATIONAL TRANSFERS

10.1. If your personal data is transferred to another country during the provision of services or an operation between Hotmart companies of the same economic group or the third parties described above, we (and the third parties, where applicable) will take the measures required by law to ensure that your personal data remains protected, and that such transfer is carried out in accordance with one of the transfer mechanisms provided for in the Brazilian LGPD (General Personal Data Protection Law).

11. RIGHTS WITH RESPECT TO YOUR PERSONAL DATA

11.1. Rights and Guarantees: Users have rights and guarantees regarding their personal data. We provide mechanisms, which are detailed below, so that Users have clarity and transparency in exercising their rights. Whenever necessary, our team is ready to analyze any requests.

11.2. Rights provided in the LGPD: Pursuant to the General Personal Data Protection Law (Law 13.709/2018 in Brazil –) (“LGPD”), you have the right to:

a. Confirm that we have carried out the processing of your personal data;

b. Access your personal data;

c. Request the correction of incomplete, inaccurate or outdated personal data;

d. Request the anonymization, blocking or deletion of unnecessary, excessive or processed personal data that is not in accordance with the provisions of the LGPD;

e. Request the portability of your personal data to another service or product supplier, observing our commercial and industrial secrets, after regulation by the Brazilian National Data Protection Authority;

f. Request the deletion of personal data processed with your consent, except in the cases of conservation of personal data provided for in the LGPD;

g. Request information about with whom we share your personal data;

h. Request information about the possibility of not providing your consent and the consequences;

i. Revoke your consent to the processing of your personal data, when processing is carried out based on your consent;

j. Express disagreement to processing that violates the LGPD.

11.3. Additional Information: Before we respond to a request for the aforementioned exercise of the rights, we may ask you to provide us with information to confirm your identity.

12. SPAMMING:

12.1. Our Position: We are against any practice that promotes SPAMMING of any kind, and we are committed to ensuring that the messages sent by the Platform are always of interest or importance to their recipients. In addition, at any time, Producers can also choose to stop receiving Hotmart promotional emails by adjusting their preferences for receiving emails or canceling their account.

12.2. Hotmart Guidelines: In the same manner, we also ask our Users not to SPAM, to make sure that the messages sent are always of the recipients’ interest, being aware that failure to observe good Internet use practices may lead to the cancellation of the User's account on the Platform, as defined in the Terms of Use, as well as the disclosure of Registration personal data, under the terms of this Privacy Policy.

13. INFORMATION SECURITY

13.1. Data Storage: Personal data collected by Hotmart will be stored in secure databases, within the best practices, with restricted access only to employees with the proper credentials, who are obliged to maintain the confidentiality of the information and not use it inappropriately.

14. INFORMATION AND QUESTIONS

14.1. Questions about the Policy or Your Personal Data: If after reading this Policy you have any questions or would like to submit a request regarding your personal data, you can contact our privacy team or the person responsible through this form.