Thank you for choosing THOLZ! Welcome! This Privacy Policy is an integral part of the Terms of Use ("Terms") that govern the access and use of the "THOLZ SMART HOME" platform ("Platform" or "Service"), provided and maintained by BMT IND E COM DE MAQ E EQUIPAMENTOS ELETRO ELETRÔNICOS, legal entity of private right, registered in the CNPJ/MF under nº 01.518.767/0001-70, with registered office at Santo Inácio de Loyola Street, 70, Centro, Campo Bom – RS, 93700-000, Brazil.
By accepting the Terms of Use of the THOLZ SMART HOME App, you also grant your free and express consent for us to collect and process your personal data, all information necessary for your choice, about how your data is treated, are available in this Privacy Policy.
Access to the Platform may be made by the Android and iOS applications ("Applications"), available in the respective App Stores, ("Web Platform"). The use of such content portals, even if only to obtain the applications of the Platform, is subject to the rules of their respective suppliers, including with regard to the collection and processing of personal data by these websites and systems.
This Privacy Policy is available for reading and consultation by the User at any time in the Applications and through the link:
https://tholz.s3.amazonaws.com/legal/app-privacy-policy-en_US.htmlThe Terms of Use of which this Policy is part are available for reading and consultation by the User, at any time, also in the Application and through the link:
https://tholz.s3.amazonaws.com/legal/terms-of-use-en_US.htmlThe same definitions as in the Terms of Use apply to capitalized terms, if not defined herein.
Data provided by the User. To use our Service, you must create an Account on our Platform. All Personal Data provided by you for this registration will be stored by us and associated with your user account ("Account"), including, but not restricted to: name, email address, contact information, information about your residence, about your Equipment, about your location, about your family. We may also collect any other data, including but not limited to images, notes, professional information, location, and so forth, indicated by you when using the Platform.
Data collected by Equipment. The compatible Equipment that is connected by the User on the Platform may collect personal data in accordance with its functionalities and in accordance with its own Privacy Policy. The data collected in this way, which are inserted in the Platform, will be processed in accordance with this Policy, while other data that transit exclusively through third party equipment, networks or services will not be the responsibility of THOLZ, being governed exclusively by the agreements between the User and such third parties.
Data collected from third parties under User's control. The User may use the Platform, in certain cases, to monitor or collect data from third parties, whether family members, children, relatives, spouses, employees, employees, collaborators and any other third party that interacts with the Equipment connected or frequent environments controlled or monitored by such Equipment. In this case, THE USER IS, FOR SUCH PURPOSE, THE CONTROLLER OF THIS THIRD-PARTY DATA PROCESSING, THOLZ merely acting as the Operator of the Treatment. In this case, the data to be effectively collected and processed are defined exclusively by the User, who is responsible for its legitimacy and lawfulness, under the terms of applicable laws, in particular those on privacy and data protection, not having THOLZ interference or responsibility over what data is collected and whether such collection is legitimate and legal.
Data automatically collected by the Platform. Our Service automatically collects certain technical information, including but not limited to, type of device used to access the Service, your IP connection (with date and time of access), your approximate geographic location, the unique identification number of your device (such as MAC Address or IMEI), information about your use of the Service, the software or browser used to access the Service, the operating system and its version of the device used, among others.
Cookies. THOLZ may also use standard technology to collect information from Users, such as cookies, in order to improve their browsing experience. However, the use of these technologies may be disabled by the User at any time, according to the settings of its access device. However, if the User implements such deactivation, we consider that part of the functions offered by the Platform may not work properly.
Data necessary for the provision of the Service. The personal data collected by the Service will be used primarily for the provision of the Service itself. We use such data only for the purposes described in this Policy. As the Platform does not work without most of such data, its collection and processing are based especially on such need.
Data required for secondary features. Some data is collected and used to enable the operation of ancillary services to the Service, such as contact information used to send you important information about the Service, your Account or other relevant news. In addition, such data may be used to enable functions that are not mandatory, which includes specific modules related to the different types of compatible Equipment, which may or may not be connected by the User. The collection and processing of this data is based, in particular, on such need and the User's own request.
Data collected to comply with legal obligations. We are required by law to retain certain basic log data from access to our Service, including, but not limited to, the IP address of the originating connection, with date and time. These data are retained for at least 6 months. Eventually, other data may also be stored for compliance with legal obligations.
Data collected for Platform improvement and technical support. We may use, for example, technical information collected from your device to facilitate the support process and provide technical assistance in case of a bug or malfunction of the Service. We also use the data collected primarily, but not exclusively, from the use of the Platform and technical information from your device to improve the Platform itself, adding features or improving other aspects of it and its navigability.
Targeting offers and advertising. We may also use the data collected to direct you to offers and advertisements that we think may be of interest to you. Such offers and advertisements will, whenever possible, be related to the Platform or to THOLZ. You may choose to opt-out of such communications, when they are made by direct communication rather than through integrated systems, by opting out of such communications.
Secondary purposes. The Company may also use the data collected for secondary purposes that do not conflict or exceed in relation to the purposes listed above, including for sale of databases to third parties, always in accordance with Brazilian legislation, based on its legitimate interest, except in cases where the legal rights and guarantees of the User prevail.
User as Controller of Treatment. In cases in which the Platform is used by the User to monitor and collect data from third parties, whether family members, children, relatives, spouses, employees, collaborators, subcontractors and any other third party that interacts with the connected Equipment or frequent environments controlled or monitored by such Equipment, THE USER HIMSELF IS, FOR SUCH PURPOSES, THE CONTROLLER OF THIS THIRD-PARTY DATA PROCESSING, with THOLZ merely acting as the Treatment Operator. In this case, the purposes of the processing are defined exclusively by the User, who is responsible for its legitimacy and lawfulness, in accordance with applicable laws, especially those on privacy and data protection, not having THOLZ interference or responsibility over such purposes for the use of the data. In particular, in this case, the User is SOLELY RESPONSIBLE for obtaining the consent of such third parties or for grounding such processing on other applicable legal bases.
Provision of the Service and features. The data collected and used to enable the use of the Platform and its functionalities, including those voluntarily provided by the User, will be maintained as long as the relationship between the User and THOLZ exists, and without its conservation, it is not possible to make the Platform and its features available.
Offers and advertising. The data collected used for promotional actions, targeting of offers and advertising will be maintained as long as the relationship between the User and THOLZ exists, or as long as, for specific media, the User does not opt-out to unsubscribe from receiving such communications.
Platform improvement and technical support. The data collected to allow the improvement of the Platform and to meet the technical support will be kept for the time necessary to implement or provide the specific assistance requested by the User, may be definitively excluded or anonymized to compose an aggregate database for statistical purposes.
Legal obligations. The data collected and maintained for the purpose of complying with legal obligations by the Company will be retained for the period indicated in the Law.
Advocacy. Eventually certain relevant data, always considering the minimum necessary, may be stored beyond the period described above, for the purpose of defending THOLZ's rights by judicial or extrajudicial means.
Logical and organizational security. THOLZ considers all information collected through the Platform confidential, ensuring that it will be treated and stored in accordance with the provisions of this Policy and with the adoption of appropriate logical and organizational security measures, sensitivity of the data and the risks inherent to the activity. Such measures will follow reasonable standards of security and confidentiality using, for example, encryption, secure connections, among others.
Backup and integrity. THOLZ performs periodic backups of its database in order to ensure continuity of service in case of failure. Backups will be restored directly by THOLZ whenever breach, unauthorized modification, or loss of data is identified. The backups performed are not intended to restore data deleted, accidentally or not, by Users, so that it is not possible to restore data in these cases.
Communication and international transfers. In the event of communication of personal data to third parties, whether they are operators or not, or in the case of international transfers, the Company guarantees that all entities that receive such data will be bound by specific contractual clauses or confidentiality and data security agreements, for the purpose of imposing on such third parties or recipients of foreign data the same obligations of security, integrity and confidentiality as described in this Policy. In addition, in cases of international data transfer, the Company will ensure that such transfer takes place within the acceptable legal assumptions for personal data protection standards to be required of the recipient of such data.
Communication to processing operators. THOLZ may share the data collected through the Platform with service providers, subcontractors or other suppliers acting under the direction of THOLZ, in the processing of personal data collected through the Platform, as processing operators in order to allow the correct provision of the Platform to Users.
Communication to third parties. THOLZ may share the data collected through the Platform with third parties in the situations described below:
Shared use. THOLZ may carry out the shared use of data with public entities, upon their request, for projects of interest to THOLZ and/ or of public interest, committing the Company to provide Users with all relevant information, as provided in the LGPD, whenever such shared use occurs.
Personal data collected while using the Platform may be processed by us or by affiliates or subcontractors. Our company is established in Brazil, but our affiliates, subcontractors or partners may be based or may process data in other countries. In this case, we guarantee that affiliates and subcontractors will also be subject to the obligations of this Policy, as provided in the "Security and Confidentiality" section of this document. Accordingly, by agreeing to this Policy and the associated Terms of Use, you also agree that your data may be subject to international transfers to affiliates or subcontractors, and you acknowledge all warranties applicable to processing abroad, in accordance with this Privacy Policy and related Terms of Use.
Rights of the Holder. The holder of the personal data collected and processed has the following rights, in accordance with the General Data Protection Law (Law 13.709/2018):
Form and conditions of exercise. The rights mentioned above will be guaranteed and may be exercised in the exact terms described in the General Data Protection Law.
Deletion of data. The deletion of the data stored by THOLZ may be requested, under the conditions established by the General Data Protection Law, through the tools of the Platform or by e-mail to suporte@tholz.com.br. The Company is committed to making the best efforts to meet all exclusion requests, where appropriate, as soon as possible. Such deletion, when it includes data necessary for the operation of the Service, will also result in the Termination of the Terms of Use and the deletion of the User's Account. Even in this case, THOLZ may keep the personal data stored, without subjecting them to active processing, in order to comply with its legal obligations of data storage.
THOLZ as the Controller. The processing of the data collected is carried out by THOLZ, or by third parties under the guidance of THOLZ, being responsible for the legality of the project as a whole, except in the cases mentioned in the section "EXCEPTIONS OF LIABILITY" of the Terms of Use or other disclaimers provided in this Policy or the Terms of Use. Any request, complaint, request for information or exercise of rights of the holder can be made by written message to the address Santo Inácio de Loyola Street, 70, Centro, Campo Bom – RS, 93700-000, Brazil, containing at least the following information and documents:
Eventually, other information or documents may be requested to meet the request, if there is doubt about the veracity of the information provided or the identity of the applicant.
User as Controller. In cases where the Platform is used by the User to monitor and collect data from third parties, whether family members, children, relatives, spouses, employees, employees, subcontractors and any other third party that interacts with the connected Equipment or frequent environments controlled or monitored by such Equipment, THE USER IS, FOR SUCH PURPOSE, THE CONTROLLER OF THIS THIRD-PARTY DATA PROCESSING, THOLZ being merely as Operator of the Treatment.
General rules of the Terms of Use. The general rules applicable to the Terms of Use, especially those relating to applicable law, choice of venue, and disclaimers and warranties apply to this Privacy Policy.
Modifications. Our service may change from time to time. Therefore, we may unilaterally modify this Privacy Policy at any time. Whenever there is a relevant change to it, you will be notified through the contact information provided by you at the email address provided in the "My Account" of the Service. In the notification sent, you will have access to the new text of the Privacy Policy, as well as a summary of the changes made. Upon such notice, by continuing to use the Service, you automatically agree to the new terms of the Policy. If you do not agree with the changes and wish to cancel and delete your account, please send an email to suporte@tholz.com.br. The updated version of this Policy will always be available at:
https://tholz.s3.amazonaws.com/legal/app-privacy-policy-en_US.htmlIf you have any questions or requests about this Privacy Policy, our practices, or our service, please contact us at suporte@tholz.com.br.