1.1. Welcome to Avalon Capital. Your privacy is essential to us. Whether you are a customer, employee, collaborator, service provider, or visitor to our website (www.avaloncapital.com.br) and/or mobile application and/or own and third-party APIs (hereinafter referred to as the "Platform"), please be aware that Avalon Capital is committed to protecting your personal data.
1.2. . If you are interested in one of our products and wish to use the Platform, please read this Privacy and Personal Data Protection Policy, the Terms of Use, the Compliance Policy, and the Information Security Policy. Note that you can only use our Platform and services if you agree to the respective conditions. Similarly, if you are our employee, collaborator, service provider, or have any other type of relationship with Avalon Capital, you can only initiate this relationship if you agree to this Privacy and Personal Data Protection Policy, and by engaging with Avalon Capital, you agree to the full terms of this document.
1.3. Individuals representing legal entities, when not themselves the legal representatives of the relevant legal entities under the terms of their current constituent acts, may have their access authorization to the Platform conditioned upon authorizations provided by the legal entities to which they are linked.
1.4. Avalon Capital may establish specific rules applicable to a particular product, as the case may be, that will complement and prevail over this Privacy and Personal Data Protection Policy and the Terms of Use. In any case, you must accept the applicable terms and conditions.
1.5. This Policy has been built in accordance with Laws No. 13,709/2018 ("General Data Protection Law") and No. 12,965/2014 ("Internet Civil Rights Framework") to clarify to you (i) what personal data is processed, how, and for what purposes; (ii) what your rights are, in accordance with the legislation and regulations applicable to the protection of personal data; and (iii) what our obligations are, applying to our offline and online interactions and all activities and services provided. It does not cover the practices of other organizations referenced through links on our Platform, and we ask you to observe the Privacy Policies and Terms of Use of third parties.
2.1. We are AVALON CAPITAL FUNDING LTDA., a company registered under CNPJ No. 14.135.319/0001-39, headquartered at R. Buenos Aires, 71 - Batel - Curitiba - PR - Brazil CEP 80250-070.
3.1. Personal data is understood as any information related to a natural person, identified or identifiable, such as name, identity document, address, contact information, etc.
3.2. Your data may be collected by Avalon Capital when you:
3.3. Other possible ways Avalon Capital may obtain data, as the case may be, include through external partners and information providers who help us understand demographic and socioeconomic data, complementing the data collected by us; social networks, provided you grant permission to access data on one or more networks, as well as official public sources, such as public or private databases.
3.4. All data collection sources ensure the protection and confidentiality of your data in accordance with the practices described here, legislation, and applicable regulations.
3.5. The personal data that will be requested for you to have full access to our services, as the case may be, are: in the case of individuals: CPF, date of birth, and email. In the case of legal entities, Avalon Capital will establish the documents that will be requested.
3.6. Avalon Capital will also ask you to send a digitized copy of a valid photo ID, as well as a selfie, and, in certain situations, a confirmation video. These are essential sensitive personal data for identification control in computer systems, and without them, Avalon Capital cannot provide the services envisaged here. These are the minimum necessary information for Avalon Capital to provide its services securely, i.e., identifying you adequately, and may include facial biometrics.
3.7. When you register, browse our Platform, and use Avalon Capital's services, the following data and information may be collected, among others:
3.9. The contracting of services provided by Avalon Capital presupposes the sending of electronic messages (such as emails, notifications, and SMS) for security and administrative purposes. This sending is essential for the execution and development of our activity. If you do not agree with this procedure, it is necessary to request the cancellation of your account at Avalon Capital.
4.1. The main purpose for which we collect your personal data is to fulfill a contract with you and provide you with the best, secure, efficient, and customized experience. We also use the collected data to create, develop, analyze, communicate, operate, deliver, and improve our products, processes, and services, to provide personalized and comprehensive experiences. Without prejudice to the provisions in this item, we may use the collected data to:
4.2. For the purpose of qualification, training, and your safety, Avalon Capital may monitor or record telephone conversations with you or with people acting on your behalf. By communicating with Avalon Capital, you understand, agree, and authorize that communications may be listened to, monitored, and/or recorded without prior notice or notification.
4.3. You agree and authorize Avalon Capital to use, copy, reproduce, make available, transmit, process, share, and translate into other languages any and all testimonials, statements, opinions, impressions, comments, and suggestions that you decide to make public on our Platform, including social networks, whether associated with your name and profile picture on these social networks or not, without any consideration being due by Avalon Capital.
4.4. In addition to the above, Avalon Capital, respecting your privacy, sends messages through electronic means such as the notification center on the Platform, emails, SMS, and notifications to confirm Platform activities, for advertising purposes, and uses technologies such as cookies, pixel tags, local storage, or other identifiers, whether from mobile devices or not, for account authentication, service improvement, customization, and for massively interesting communications. The frequency of sending may vary depending on your interaction with these communications. At any time, you can request the interruption of these emails, SMS, and notifications through our communication channels, which will be addressed by Avalon Capital within 10 (ten) days from your request, accessing:
4.5. The data will be processed by Avalon Capital for the period necessary or pertinent to the achievement of the purposes provided for in the Terms of Use and in this Privacy and Personal Data Protection Policy, except for the conservation hypotheses provided for in the applicable legislation, especially in the General Data Protection Law, Marco Civil da Internet, Consumer Defense Code, and Civil Code.
5.1. Avalon Capital ensures rights that you have in accordance with the General Data Protection Law, Marco Civil da Internet, and other Brazilian sectoral laws related to data protection, namely:
5.2. To exercise your rights, you may use the contact channels on our Platform, preferably, unless your contract with Avalon Capital stipulates otherwise.
5.3. If you are one of our customers, before addressing your request, Avalon Capital will request additional information to confirm your identity, through one of our Know Your Client (KYC) tools. In cases where Avalon Capital is not the Controller of the data of the requester, Avalon Capital will inform the requester about its position as a Personal Data Processor and, if possible, indicate the Controller responsible for addressing the request.
5.4. In addition to rights, you also have some duties outlined in this Policy, some of which are governed by the Terms of Use, and others in specific contracts with you. If you do not observe them, especially duties related to the security of your personal data, such as acts of disclosing your access information (login and password) to third parties, using public access computers (e.g., internet cafes), or any other form of internet connection that is not private and secure, or using mobile devices with jailbreak or applications from unofficial stores, Avalon Capital will not be responsible for acts or events arising from the breach of these duties and/or in which you act with exclusive or concurrent fault.
5.5. If you need any assistance in exercising your rights, you should contact our Help Center, through the link https://suporte.mercadobitcoin.com.br/hc/pt-br/requests/new, or our Data Protection Officer at the email address dpo@avaloncapital.com.br.
6.1. Cookies, the Data Management Platform ("DMP") tool, and similar technologies support the customer identification process, communication, and other marketing actions, as well as enabling the protection of the collected data. They store information on web browsers used on computers, phones, and other devices, providing information about their usage on our Platform. They are useful in authentication processes, advertising, recommendations, audience measurements, channel features and functionalities, security analysis for improvement, and the development of anti-fraud tools.
6.2. Avalon Capital uses essential proprietary cookies for controlling, monitoring, and tracking potential vulnerabilities, risks of incidents, and information security incidents to act preventively and provide a secure environment for our customers. It also uses third-party cookies for statistical analysis of navigation data to evaluate our Platform and continually improve our services and products by offering a more customized user experience.
6.3. Proprietary cookies are essential for Avalon Capital to ensure a secure browsing environment and to provide services to you properly and cannot be disabled. You can disable third-party cookies in the Platform's settings, being aware that Avalon Capital's features and services may not be provided or may be provided partially in case of disablement. To unsubscribe from the DMP, it is necessary to make the request in the "Settings" menu.
6.4. By accessing and connecting to Avalon Capital's channels without disabling these technologies, you agree to receive a more personalized browsing experience and authorize the storage, processing, and sharing, as provided for herein, of the aforementioned information.
7.1. Avalon Capital will store your personal data for the duration of the contractual relationship with you, except for legal or regulatory provisions to the contrary and as necessary for the maximum prescriptive periods provided for in the Marco Civil da Internet, Consumer Defense Code, and Civil Code. In cases where there is no contractual relationship, Avalon Capital will keep the information you agreed to provide to us until further request for the disposal of your data and in accordance with applicable law.
8.1. Avalon Capital may share your personal data and other data indicated in item 3.8 above with companies belonging to the same economic group as Avalon Capital. When sharing personal data with third parties is necessary for the development and provision of products and services that best meet your interests, the generation of statistical and aggregated data regarding the use of the Platform, Avalon Capital will adopt, to the extent possible, the anonymization of this data.
8.2. Avalon Capital may also share your personal data in audit processes for corporate operations or with partners and service providers in cases necessary for the execution of a contract with you.
8.3. Avalon Capital may collect information about you through identity verification entities and data bureaus to detect possible fraud, as well as credit bureaus, credit profiles, and credit risk bureaus for credit analysis, including, but not limited to, Accuity, PH3A, Serasa Experian, Federal Revenue, Advice, UpMiner, and Google.
8.4. Avalon Capital may share your personal data with its partners to provide its services, execute the contract with you, credit analysis, and fraud prevention, as well as to implement its Compliance and Know Your Client, Anti-Money Laundering, and Counter-Terrorism Financing policies.
8.5. Avalon Capital may share your personal data with public authorities in case of investigative processes or administrative or judicial requests in Brazil or abroad (in this case, ensuring that personal data is given the same level of protection offered in Brazil) or by order of a competent authority, such as regulatory agencies, government agencies, in accordance with the provisions of applicable laws and regulations.
8.6. Avalon Capital may carry out international transfers of personal data, either due to contracts with technology service providers located outside the country or due to requests from personal data protection authorities or foreign government entities, all in accordance with the General Data Protection Law.
9.1. Avalon Capital has incorporated all the requirements of the General Data Protection Law and other laws and regulations regarding data protection in the processing of your personal data, adopting the following premises:
9.2. All personal data is stored in a secure environment, in a cloud environment and on physical servers of providers chosen with the premise of respecting data protection legislation. Avalon Capital not only observes all rules for international transfer of personal data but also takes care to transmit to its technology service providers the company's guidelines for data protection and ensuring data subjects the same level of protection required by national legislation.
10.1. Avalon Capital adopts organizational measures, training and capacitating its internal staff, as well as technical measures aimed at information security, to protect personal data against unauthorized disclosure, unauthorized access, modification, and loss or leakage of data, whether accidental or unlawful. Avalon Capital applies best security practices in personal data processing, such as encryption, monitoring, and regular security tests, firewalls, among others. Nevertheless, despite all efforts for information security, unauthorized access or use of restricted customer areas due to the data subject's (you) own failure, or hardware or software failure, and cyber attacks can compromise the security of your personal data.
10.2. Avalon Capital adopts access control and log tracking mechanisms, with different levels of access restriction to the collected data, ensuring in its specific contracts - whether with internal staff, collaborators, or service providers - that non-compliance with this rule implies fines and contract terminations.
10.3. Maintain a secure environment; adopt best practices in creating access passwords, do not share third-party data, such as logins and passwords, use strong passwords, do not use the Avalon Capital password on other sites or services, change it periodically; enable two-step verification. It is also important to always log out of our Platform at the end of your use, avoid using it on public access computers or networks and keep the operating system and antivirus up to date.
10.4. Avalon Capital does not send emails or notifications requesting confirmation or personal data, passwords, credit card numbers, encrypted wallet address, etc.; this may be phishing, a fraudulent practice aimed at inducing you to share personal information, logins, and passwords with malicious individuals. It also does not send electronic messages with attachments that can be executed (extensions: .exe, .com, among others) or links to any downloads. Never respond to these emails and report through our service channels.
10.5. If you become aware that any third party has access to your login and password, follow the procedure outlined in our Terms of Use. In the event of a security incident resulting in the destruction, loss, alteration, unauthorized access, or leakage of personal data, Avalon Capital will notify you within a reasonable period and take appropriate measures to hold those involved accountable and mitigate damages. This may include notifying investigative authorities, blocking access to the respective account, and any other measures recommended by the specific case.
11.1. This Privacy and Personal Data Protection Policy is governed, interpreted, and regulated by Brazilian law and should be read in conjunction with our Information Security Policy and Compliance Policy, as well as our Terms of Use and, where applicable, respective contracts.
11.2. The Forum of the District of CURITIBA/PR is elected to settle any disputes arising in relation to this Privacy and Personal Data Protection Policy.
11.3. The following are integral and inseparable parts of this Privacy and Personal Data Protection Policy and are considered incorporated by reference:
12.1. Avalon Capital commits to periodically review this Privacy and Personal Data Protection Policy to ensure its compliance with the law and to align with the guidelines of the National Data Protection Authority (ANPD). For these reasons, the terms may be modified at any time. Whenever there is a significant change, such as a new purpose for the already informed personal data, you will be notified through the contact information provided by you or through a notice on the Platform. In the notification, you will have access to the new text of the Privacy and Personal Data Protection Policy.
13.1. If you have any questions and/or need to address any matters related to this Privacy and Personal Data Protection Policy, please contact us at contato@avaloncapital.com.br. If you are our client, always keep your contact channels updated so that we can reach you by email, preferably.
