1. General information

This Privacy Policy contains information about how we treat, in whole or in part, in an automated or non-automated way, the personal data of users who access our application. Its purpose is to inform interested parties about the types of data that are collected, the reasons for the collection and how the user can update, manage or delete this information.

This Privacy Policy was prepared in accordance with Federal Law no. 12,965 of April 23, 2014 (Marco Civil da Internet), with Federal Law no. 13,709, of August 14, 2018 (Personal Data Protection Law) and with EU Regulation no. 2016/679 of 27 April 2016 (European General Regulation for the Protection of Personal Data – RGDP).

This Privacy Policy may be updated as a result of any regulatory update, which is why the user is invited to periodically consult this section.

2. User rights

The application undertakes to comply with the rules provided for in the GDPR, with respect for the following principles:

  • The user’s personal data will be processed in a lawful, loyal and transparent manner (lawfulness, loyalty and transparency);
  • The user’s personal data will be collected only for specific, explicit and legitimate purposes, and cannot be further processed in a way incompatible with those purposes (limitation of purposes);
  • The user’s personal data will be collected in an appropriate, relevant and limited way to the needs of the purpose for which they are processed (data minimization);
  • The user’s personal data will be accurate and updated whenever necessary, so that the inaccurate data is erased or rectified when possible (accuracy);
  • The user’s personal data will be kept in a way that allows the identification of the data holders only for the period necessary for the purposes for which they are processed (limitation of conservation);
  • The user’s personal data will be treated securely, protected from unauthorized or illicit treatment and against its accidental loss, destruction or damage, adopting the appropriate technical or organizational measures (integrity and confidentiality).

The user of the application has the following rights, conferred by the Personal Data Protection Law and the GDPR:

  • Right of confirmation and access: it is the user’s right to obtain from the application the confirmation that the personal data concerning him are or are not subject to treatment and, if that is the case, the right to access his personal data;
  • Right of rectification: it is the user’s right to obtain from the application, without undue delay, the rectification of inaccurate personal data concerning him;
  • Right to delete data (right to be forgotten): it is the user’s right to have their data deleted from the application;
  • Right to limit the processing of data: it is the user’s right to limit the processing of his personal data, obtaining it when he disputes the accuracy of the data, when the processing is illegal, when the application no longer needs the data for the purposes proposals and when opposed to the processing of data and in case of processing unnecessary data;
  • Right of opposition: it is the user’s right to oppose, at any time, for reasons related to their particular situation, to the processing of personal data concerning them, and may also oppose the use of their personal data for profile definition marketing (profiling);
  • Right to data portability: it is the user’s right to receive the personal data that concerns him and that he has provided to the application, in a structured format, in current use and automatic reading, and the right to transmit that data to another application;
  • Right not to be subjected to automated decisions: it is the user’s right not to be subject to any decision taken exclusively on the basis of automated treatment, including profiling, which has an effect on its legal sphere or which significantly affects it similarly.

The user can exercise his rights through written communication sent to the application with the subject “RGDP-“, specifying:

  • Full name or corporate name, CPF number (Individual Taxpayer Registry, Federal Revenue Service of Brazil) or CNPJ (National Registry of Legal Entities, Federal Revenue Service of Brazil) and email address of the user and, if applicable , its representative;
  • Right you want to exercise with the application;
  • Order date and user signature;
  • Any document that can demonstrate or justify the exercise of your right.

The request must be sent to the e-mail: Info@semdesculpas.app, or by post, to the following address:


Avenida Sapopemba, N ° 1657, Vila Regente Feijó, CEP: 03345-001, São Paulo – SP

The user will be informed in case of rectification or deletion of his data.

3. Duty not to provide data from third parties

When using the site, in order to safeguard and protect the rights of third parties, the user of the application must provide only his personal data, and not those of third parties.

4. Information collected

The collection of data from users will be in accordance with the provisions of this Privacy Policy and will depend on the user’s consent, which is dispensable only in the cases provided for in art. 11, item II, of the Personal Data Protection Law.

4.1. Types of data collected

4.1.1. User identification data for registration

The use, by the user, of certain functionalities of the application will depend on registration, in which case, the following user data will be collected and stored:

  • name
  • date of birth
  • email address
  • social security number
  • Data related to fitness and music preferences.
  • Payment information data, such as credit or debit card numbers

4.1.2. Data entered in the contact form

The data eventually informed by the user using the contact form provided in the application, including the content of the message sent, will be collected and stored.

4.1.3. Data related to the execution of contracts signed with the user

For the execution of the purchase and sale contract or the provision of services eventually signed between the application and the user, other data related or necessary for its execution, including the content of any communications with the user, may be collected and stored.

4.1.4. Access logs

In compliance with the provisions of art. 15, caput and paragraphs, of Federal Law no. 12,965 / 2014 (Marco Civil da Internet), user access records will be collected and stored for at least six months.

4.1.5. Newsletter

The e-mail address registered by the user who chooses to subscribe to our Newsletter will be collected and stored until the user requests his registration.

4.1.6. Sensitive data

The application will be able to collect the following sensitive data from users:

  • user health data
  • Data related to bank transactions, including bank details (bank account bank, branch number and account number) and user credit card numbers.

4.1.7. Collection of data not expressly provided

Eventually, other types of data not expressly provided for in this Privacy Policy may be collected, provided that they are provided with the user’s consent, or that the collection is permitted or imposed by law.

4.2. Legal basis for the processing of personal data

By using the services of the application, the user is consenting to this Privacy Policy.

The user has the right to withdraw his consent at any time, without compromising the lawfulness of the treatment of his personal data before the withdrawal. The withdrawal of consent can be made by e-mail:

Info@semdesculpas.app, or by mail sent to the following address:

Avenida Sapopemba, N ° 1657, Vila Regente Feijó, CEP: 03345-001, São Paulo – SP

The consent of the relatively or absolutely incapacitated, especially of children under 16 (sixteen) years, can only be done, respectively, if properly assisted or represented.

Personal data necessary for the execution and performance of the services contracted by the user in the application may also be collected.

The processing of personal data without the user’s consent will only be carried out due to legitimate interest or for the cases provided for by law, that is, among others, the following:

  • for the fulfillment of legal or regulatory obligation by the controller;
  • to carry out studies by a research body, guaranteeing, whenever possible, the anonymization of personal data;
  • when necessary for the execution of a contract or preliminary procedures related to a contract to which the user is a party, at the request of the data subject;
  • for the regular exercise of rights in judicial, administrative or arbitral proceedings, the latter under the terms of Law No. 9,307, of September 23, 1996 (Arbitration Law);
  • for the protection of life or physical safety of the data subject or third party;
  • for the protection of health, in a procedure carried out by health professionals or by health entities;
  • when necessary to serve the legitimate interests of the controller or third party, except where the fundamental rights and freedoms of the data subject prevail that require the protection of personal data;
  • for credit protection, including the provisions of the relevant legislation.

4.3. Purposes of the processing of personal data

The personal data of the user collected by the application are intended to facilitate, streamline and fulfill the commitments established with the user and to enforce requests made by filling out forms.

Personal data may also be used for commercial purposes, to personalize the content offered to the user, as well as to subsidize the application for improving the quality and functioning of its services.

Registration data will be used to allow user access to certain application content, exclusive to registered users.

The collection of data related to or necessary for the execution of a purchase and sale contract or the provision of services eventually signed with the user will have the purpose of providing the parties with legal certainty, in addition to facilitating and enabling the conclusion of the deal.

The processing of personal data for purposes not provided for in this Privacy Policy will only occur upon prior notification to the user, and in any case, the rights and obligations provided for herein will remain applicable.

4.4. Retention period of personal data

The user’s personal data will be kept for a period not exceeding that required to fulfill the purposes for which they are processed.

The data retention period is defined according to the following criteria:

The data will be stored for the time necessary to provide the services provided by the website, which can vary from 1 to 12 months, depending on the status of the person requested.

The personal data of users can only be kept after the end of their treatment in the following cases:

  • for the fulfillment of legal or regulatory obligation by the controller;
  • for study by a research body, guaranteeing, whenever possible, the anonymization of personal data;
  • for transfer to a third party, provided that the data processing requirements provided for in the legislation are respected;
  • for the exclusive use of the controller, access by a third party is prohibited, and provided the data is anonymized.

4.5. Recipients and transfer of personal data

The user’s personal data may be shared with the following persons or companies:

Google Analytics

The transfer can only be made to another country if the country or territory in question or the international organization concerned ensures an adequate level of protection of user data.

If there is no adequate level of protection, the application undertakes to guarantee the protection of your data according to the most stringent rules, through specific contractual clauses for a specific transfer, standard contractual clauses, global corporate norms or stamps, certificates and codes of conduct regularly issued.

5. Processing of personal data

5.1. Data controller (data controller)

The controller, responsible for the processing of the user’s personal data, is the natural or legal person, the public authority, the agency or other body that, individually or in conjunction with others, determines the purposes and means of processing personal data.

In this application, the person responsible for processing the personal data collected is SEM DESCULPAS SERVICOS TECNOLOGICOS LTDA, represented by CEO, CMO, CPO of SEM DESCULPAS SERVICOS TECNOLOGICOS LTDA, who can be contacted by e-mail: Info@semdesculpas.app or at:

Avenida Sapopemba, N ° 1657, Vila Regente Feijó, CEP: 03345-001, São Paulo – SP

The person responsible for processing the data will be directly responsible for the treatment of the user’s personal data.

5.2. The data protection officer

The data protection officer is the professional in charge of informing, advising and controlling the data controller, as well as the workers who process the data, regarding the application’s obligations under the terms of the RGDP, the Law Protection of Personal Data and other data protection provisions in national and international law, in cooperation with the competent supervisory authority.

In this application the data protection officer is CEO, CMO, CPO of SEM DESCULPAS SERVICOS TECNOLOGICOS LTDA, who can be contacted by e-mail: Info@semdesculpas.app.

6. Security in the treatment of the user’s personal data

The application undertakes to apply technical and organizational measures to protect personal data from unauthorized access and situations of destruction, loss, alteration, communication or dissemination of such data.

To guarantee security, solutions will be adopted that take into account: the appropriate techniques;
application costs; the nature, scope, context and purposes of the treatment; and the risks to the user’s rights and freedoms.

The application uses SSL (Secure Socket Layer) certificate which ensures that personal data is transmitted in a secure and confidential way, so that the data transmission between the server and the user, and in feedback, occurs in a totally encrypted or encrypted way.

However, the application disclaims liability for the sole fault of a third party, such as in the event of an attack by hackers or crackers, or the exclusive fault of the user, such as in the case where he himself transfers his data to a third party. The application is also committed to communicating the user in a timely manner in the event of any breach of the security of your personal data that could cause you a high risk to your personal rights and freedoms.

The breach of personal data is a breach of security that causes, accidentally or unlawfully, the destruction, loss, alteration, disclosure or unauthorized access to personal data transmitted, stored or subject to any other type of treatment.

Finally, the application undertakes to treat the user’s personal data with confidentiality, within the legal limits.

7. Browsing data (cookies)

Cookies are small text files sent by the application to the user’s computer and which are stored on it, with information related to the application’s navigation.

Through cookies, small amounts of information are stored by the user’s browser so that our server can read them later. For example, data about the device used by the user, as well as its location and time of access to the application, can be stored.

Cookies do not allow any files or information to be extracted from the user’s hard drive, and it is not yet possible, through them, to have access to personal information that has not come from the user or the way he uses the resources of the application .

It is important to note that not all cookies contain information that allows the user to be identified, and certain types of cookies can be used simply for the application to be loaded correctly or for its functionality to work as expected.

The information eventually stored in cookies to identify a user is considered personal data. Accordingly, all rules provided for in this Privacy Policy are also applicable to them.

7.1. Application cookies

Application cookies are those sent to the user or administrator’s computer or device exclusively by the application.

The information collected through these cookies is used to improve and personalize the user experience, and some cookies can, for example, be used to remember the user’s preferences and choices, as well as to offer personalized content.

This navigation data may also be shared with any partners of the application, seeking to improve the products and services offered to the user.

7.2. Social network cookies

The application uses social media plugins, which allow you to access them from the application. Thus, in doing so, the cookies used by them may be stored in the user’s browser.

Each social network has its own privacy and personal data protection policy, with individuals or companies that hold them responsible for the data collected and the privacy practices adopted.

The user can search, along with social networks, information about how their personal data is treated. For information, we provide the following links, from which the privacy and cookie policies adopted by some of the main social networks can be consulted:

Facebook: https://www.facebook.com/policies/cookies/

Twitter: https://twitter.com/pt/privacy

Instagram: https://help.instagram.com/1896641480634370?ref=ig

Youtube: https: //policies.google.com/privacy?hl=en&gl=en

Google+: https://policies.google.com/technologies/cookies?hl=en

Pinterest: https://policy.pinterest.com/en- br / privacy-policy

LinkedIn: https://www.linkedin.com/legal/cookie-policy?trk=hp-cookies

7.3. Management of cookies and browser settings

The user can oppose the registration of cookies by the application, simply by disabling this option in his own browser or device.

Disabling cookies, however, can affect the availability of some tools and functionality of the application, compromising its correct and expected functioning. Another possible consequence is the removal of user preferences that may have been saved, damaging their experience.

The following are some links to the help and support pages of the most used browsers, which can be accessed by the user interested in obtaining more information about the management of cookies in their browser:

Internet Explorer: https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies

Safari: https://support.apple.com/en-us/guide/ safari / sfri11471 / mac

Google Chrome: https://support.google.com/chrome/answer/95647?hl=en&hlrm=en

Mozila Firefox: https://support.mozilla.org/pt-BR/kb/ enable-and-disable-the-cookies-that-the-sites-use

Opera: https://www.opera.com/help/tutorials/security/privacy/

8. Complaint to a supervisory authority

Without prejudice to any other means of administrative or judicial appeal, all data subjects are entitled to submit a complaint to a supervisory authority. The complaint may be made to the authority of the application’s headquarters, the user’s country of habitual residence, their place of work or the place where the infraction was allegedly committed.

9. Changes

This version of this Privacy Policy was last updated on: 10/31/2019.

The editor reserves the right to modify the present rules at any time, especially to adapt them to the developments of the No Excuses app, either by making new features available, or by deleting or modifying existing ones.

The user will be explicitly notified if this policy changes.

When using the service after any modifications, the user demonstrates his agreement with the new standards.

If you disagree with any of the changes, you must immediately request the cancellation of your account and submit your reservation to the customer service, if you wish.

10. Applicable law and jurisdiction

In order to resolve disputes arising from this instrument, Brazilian law will be fully applied.

Any disputes must be presented in the jurisdiction of the district in which the publisher of the application is located.