Privacy Policy

General considerations

Your privacy is important to us. NicoChat values the privacy of all personal data subjects and is committed to adopting all possible measures to reasonably ensure the protection of the personal data collected and used. All information is processed in compliance with applicable data protection laws and regulations.

• We implement technical and organizational procedures to ensure the constant security of your information. We consider the breach of personal data privacy an extremely serious matter, which is why we monitor continuously and apply appropriate disciplinary measures in the face of any non-compliance.
• We request personal information only when we genuinely need it in order to provide you with a service. We do so by fair and lawful means, with your knowledge and consent, informing you why we are collecting it and how it will be used.
• We retain the information collected only for as long as necessary to provide the requested service. When we store data, we protect it within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use or modification.
• We do not share personally identifiable information publicly or with third parties, except where required by law.
• Our website may contain links to external sites that are not operated by us. You are aware and agree that we have no control over the content and practices of those sites and cannot accept responsibility for their respective privacy policies.
• You are free to refuse our request for personal information, on the understanding that we may not be able to provide some of the desired services.
• Continued use of our website will be regarded as acceptance of our practices around privacy and personal information.

Owner and data controller

The company NicoChat, LLC, herein referred to as the “Owner”, is the owner of the data. Address: 1111B S Governors Ave, STE 37806, Dover, DE 19904, United States. Telephone: (302) 213-3197. E-mail: suporte@nicochat.com.br.

Types of data collected

Among the types of personal data that NicoChat collects, by itself or through third parties, are:

• Tracker; usage data; payment information;
• First name; last name; e-mail address; password; picture;
• Data communicated while using the service; calendar information; user content; various types of data.

• Complete details on each type of personal data collected are provided in the dedicated sections of this policy or by specific explanation texts displayed prior to collection.
• Personal data may be freely provided by the User or, in the case of usage data, collected automatically when using NicoChat.
• Unless otherwise specified, all data requested by NicoChat is mandatory and failure to provide it may make it impossible to provide the services.
• In cases where NicoChat specifically states that some data is not mandatory, Users are free not to communicate it, with no consequences for the availability or functioning of the Service.
• Users who are unsure about which personal data is mandatory are welcome to contact the Owner.
• Any use of cookies — or of other tracking tools — by NicoChat or by third-party services serves the purpose of providing the Service required by the User, in addition to any other purposes described in this document.
• Users are responsible for any third-party personal data obtained, published or shared through NicoChat and confirm that they have the third party’s consent to provide the data to the Owner.

Mode and place of data processing

Processing methods

The Owner takes appropriate security measures to prevent unauthorized access, disclosure, modification or unauthorized destruction of the data.

Processing is carried out using computers and/or enabled IT tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Owner, in some cases the data may be accessible to certain types of persons in charge, involved with the operation of NicoChat (administration, sales, marketing, legal, system administration) or external parties (third-party technical service suppliers, postal carriers, hosting providers, IT companies, communication agencies) appointed, if necessary, as Data Processors. The updated list of such parties may be requested at any time.

Legal basis of processing

The Owner may process personal data relating to Users in the following cases:

• When Users have given their consent for one or more specific purposes;
• When the provision of data is necessary for the performance of a contract with the User and/or for any pre-contractual obligations;
• When processing is necessary for compliance with a legal obligation to which the Owner is subject;
• When processing is related to a task carried out in the public interest or in the exercise of official authority vested in the Owner;
• When processing is necessary for the purposes of the legitimate interests pursued by the Owner or by a third party.

In any case, the Owner will help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

Place

The data is processed at the Owner’s office operations and in any other places where the parties involved in the processing are located. Depending on the User’s location, transfers may involve sending the data to a country other than their own.

Users have the right to learn about the legal basis of data transfers to a country outside Brazil or to any international organization governed by public international law or created by two or more countries, such as the UN, and about the security measures taken by the Owner to safeguard their data.

Retention time

Personal data will be processed and stored for as long as necessary for the purposes for which it was collected. Therefore:

• Data collected for purposes related to the performance of a contract between the Owner and the User will be retained until such contract has been fully performed;
• Data collected for the purposes of the Owner’s legitimate interests will be retained for as long as necessary to fulfil such purposes.

The Owner may be allowed to retain personal data for a longer period whenever the User has given consent to such processing, as long as it is not withdrawn. In addition, the Owner may be required to retain data for a longer period whenever necessary for compliance with a legal obligation or by order of an authority.

Once the retention period expires, the personal data will be deleted. Therefore, the right of access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after the end of the retention period.

The purposes of processing

Data concerning the User is collected to allow the Owner to provide its Service, comply with its legal obligations, respond to enforcement requests, protect its rights and interests (or those of its Users or third parties), detect any malicious or fraudulent activity, as well as for the following purposes: access to third-party accounts, analytics, tag management, payment handling, hosting and backend infrastructure, contacting the User, interaction with live chat platforms, productivity-related activities, advertising, registration and authentication, collection of privacy-related preferences, content commenting, data transfer outside Brazil, management of data collection and online surveys, remarketing and behavioral targeting, social features and traffic optimization and distribution.

Consent

In most cases, the processing of your personal data is based on our legitimate interests related to the provision of products and services you have contracted or, otherwise, on your customer relationship with us or, further, based on your consent, when requested.

We may ask for your consent to process personal data for a specific purpose which we will communicate to you. When you agree to processing for a specific purpose, you may withdraw the consent at any time. For further details, get in touch at contato@nicochat.com.

Facebook permissions requested by NicoChat

NicoChat may request certain Facebook permissions that allow it to perform actions with the User’s account and retrieve information, including personal data. This service allows NicoChat to connect with the User’s account on the Facebook social network, provided by Meta Platforms, Inc. The permissions requested are:

• Basic information — by default, includes certain User data such as id, name, picture, gender and locale. Certain connections, such as Friends, are also available. If the User has made more of their data public, more information will be available;
• About me — provides access to the “About me” section of the profile;
• Instagram basic — allows reading profile information and media from an Instagram account.

Google account permissions

NicoChat may require certain Google permissions (scopes) to perform actions on the User’s account and obtain data. The permissions required are:

• userinfo.email — view your e-mail address;
• userinfo.profile — see your personal information, including any information you have made publicly available;
• gmail.send — send e-mail on your behalf;
• Drive — see, edit, create and delete all of your Google Drive files;
• Spreadsheets — see, edit, create and delete your spreadsheets in Google Drive.

NicoChat may also connect to the User’s account on Stripe, provided by Stripe, Inc.

Advertising

This type of service allows User data to be used for advertising communication purposes, displayed in the form of banners and other advertisements, possibly based on the User’s interests. This does not mean that all personal data is used for this purpose.

Some services may use trackers to identify Users or the behavioral retargeting technique, displaying personalized ads according to interests and behavior, including those detected outside NicoChat. Services of this type generally offer the possibility to opt out of such tracking.

When you visit the website or use NicoChat’s Services, we collect your IP address and standard web access information, such as your browser type and the pages you accessed.

• Google Ad Manager (Google LLC or Google Ireland Limited) — allows advertising campaigns to be run in conjunction with external advertising networks. It uses the “DoubleClick” cookie, which tracks the use of NicoChat and the User’s behavior in relation to advertisements. Users may disable all DoubleClick cookies in Google’s Ad Settings.

Analytics

• Google Analytics (Google LLC) — web analytics service. Google uses the data collected to track and examine the use of NicoChat, prepare reports on its activities and share them with other Google services. Google may use the data to contextualize and personalize the ads of its own advertising network.

Collection of privacy-related preferences

• iubenda Consent Solution (iubenda srl) — stores and retrieves records of Users’ consent to the processing of personal data. It makes use of a tracker that temporarily stores pending information on the User’s device (a browser feature called localStorage) until it is processed by the API; the tracker is then deleted.
• iubenda Cookie Solution (iubenda srl) — allows the collection and storage of Users’ preferences related to the processing of personal information, in particular regarding the use of cookies.

Contacting the User

Mailing list or newsletter (NicoChat). By registering for the mailing list or newsletter, the User’s e-mail address will be added to the contact list of those who may receive messages containing information of a commercial or promotional nature about NicoChat. Your address may also be added to this list as a result of signing up for NicoChat or after a purchase.

Content commenting

Commenting services allow Users to make and publish comments on NicoChat’s content. Depending on the settings, Users may also leave anonymous comments. If there is an e-mail address among the data provided, it may be used to send notifications of comments on the same content. Users are responsible for the content of their own comments.

If a commenting service provided by third parties is installed, it may still collect traffic data from the pages where it is installed, even when Users do not use it. This is the case of Facebook Comments (Meta Platforms, Inc. or Meta Platforms Ireland Limited).

Productivity-related activities

This type of service helps the Owner manage tasks, collaboration and productivity-related activities. Users’ data will be processed and may be retained, depending on the purpose of the activity in question. These services may be integrated with a wide range of third-party services to allow importing or exporting data needed for the activity.

• Google Sheets — online spreadsheet and collaboration service (Google LLC or Google Ireland Limited);
• Gmail — manages e-mail communication (Google LLC or Google Ireland Limited). Such communication is not scanned by Google for advertising purposes;
• Calendly (Calendly, LLC) — facilitates online appointment scheduling;
• Cal.com (Cal.com, Inc) — facilitates online appointment scheduling.

Payment handling

Unless otherwise specified, NicoChat processes any payments by credit card, bank transfer or other means via external payment service providers. In general, Users are asked to provide their payment details and personal information directly to such providers.

• Stripe (Stripe Inc) — payment service;
• ASAAS (ASAAS Gestão Financeira Instituição de Pagamento S.A.) — payment institution authorized to operate by the Banco Central do Brasil (Central Bank of Brazil), headquartered at Avenida Rolf Wiest, nº 277, sala 814, Bairro Bom Retiro, Joinville (SC), CEP 89.223-005.

Hosting and backend infrastructure

This type of service hosts data and files that allow NicoChat to function and be distributed, as well as providing ready infrastructure to run specific features. Some of the services below may operate through geographically distributed servers, making it difficult to determine the actual location where personal data is stored:

• Vultr Hosting;
• Hostinger (Hetzner Online GmbH).

Interaction with live chat platforms

This type of service allows Users to interact with third-party live chat platforms directly from NicoChat’s pages. If one of these services is installed, it may collect browsing and usage data on the pages where it is installed, even if Users do not actively use it. In addition, live chat conversations may be recorded.

• Facebook Messenger Customer Chat (Meta Platforms, Inc.);
• LiveChat widget (LiveChat, Inc.);
• Z-API (Four Pixel Tecnologia da Informação Ltda.) — interaction with WhatsApp together with NicoChat. It does not store in any way the messages exchanged: once delivered, the messages are erased from the servers;
• UaZapi (called NicoZap inside the platform) — interaction with WhatsApp together with NicoChat. It does not store in any way the messages exchanged: once delivered, the messages are erased from the servers.

Management of data collection and online surveys

This type of service allows the creation, deployment, administration, distribution and analysis of online forms and surveys to be managed, in order to collect, save and reuse data from responding Users. The data collected depends on the information requested and provided in the corresponding form. These services may be integrated with third-party services for subsequent steps — contact management, message sending, analytics, advertising and payment processing. NicoChat makes use of online forms managed directly.

Registration and authentication

By registering or authenticating, Users allow NicoChat to identify them and give them access to dedicated services. Third-party services may provide registration and authentication; in that case, NicoChat may access some data stored by those services. Some may collect personal data for segmentation and profiling purposes.

• Google OAuth (Google LLC or Google Ireland Limited);
• Auth0 (Auth0, Inc) — may make use of third-party identity providers and save the information on its platform;
• Direct registration (NicoChat) — the User registers by filling in the form and providing the personal data directly to NicoChat.

Remarketing and behavioral targeting

This type of service allows NicoChat and its partners to inform, optimize and serve advertising based on the User’s past use of NicoChat. The activity is facilitated by tracking usage data and by the use of trackers, whose information is transferred to the partners. Some services offer remarketing based on lists of e-mail addresses and the possibility to opt out.

• Facebook Custom Audience (Meta Platforms) — connects NicoChat’s activity with the Facebook advertising network. Users may opt out of the use of Facebook trackers for ad personalization on Meta’s opt-out page;
• Facebook Remarketing (Meta Platforms) — connects NicoChat’s activity with the Facebook advertising network.

Social features, tags and distribution

• Invite and suggest friends (NicoChat) — NicoChat may use the personal data provided to allow Users to invite their friends (for example, through the address book, if access has been granted) and to suggest connections;
• Google Tag Manager (Google LLC or Google Ireland Limited) — helps manage the necessary tags or scripts centrally, which results in the flow of Users’ data through this service;
• Cloudflare (Cloudflare Inc.) — traffic optimization and distribution. It filters all traffic between NicoChat and the User’s browser, also allowing the collection of analytics data.

System logs and maintenance

For operation and maintenance purposes, NicoChat and any third-party services may collect files that record the interaction with NicoChat (system logs) and use other personal data (such as the IP address) for this purpose.

Information not contained in this policy

More details about the collection or processing of personal data may be requested from the Owner at any time, through the contacts indicated in this policy.

How “Do Not Track” requests are handled

NicoChat does not support “Do Not Track” requests. To determine whether any of the third-party services it uses honor these requests, read their privacy policies.

Categories of personal information collected, disclosed or sold

We collect the following categories of personal information about you: identifiers, commercial information, internet information and sensory information. We will not collect additional categories without notifying you.

How we collect it. We collect the categories above directly or indirectly from you when you use NicoChat. You provide personal information directly when you send requests through any form. You also provide it indirectly when you browse NicoChat, as the information is automatically observed and collected. Finally, we may collect your personal information from third parties who work with us in connection with the Service.

Sharing with third parties. We may disclose the personal information we collect about you to a third party for business purposes. In that case, we enter into a written agreement that requires the recipient to keep the information confidential and not to use it for any purpose other than those necessary for the performance of the agreement. We may also disclose your information to third parties when you explicitly request or authorize us to do so.

Sale of your personal information

If you do not wish to receive our marketing messages or take part in our ad personalization programs, simply indicate your preference by sending us an e-mail or by clicking the opt-out link provided in all our e-mails.

For our purposes, the word “sale” means any “sale, rental, release, disclosure, dissemination, making available, transfer or oral, written or electronic communication of a consumer’s personal information by the company to another company or third party, for monetary or other valuable consideration”. This means that a sale may happen, for example, whenever an application runs ads, performs statistical analyses on traffic or views, or simply because it uses tools such as social network plugins.

Your right to opt out. You have the right to opt out of the sale of your personal information. Whenever you request that we stop selling your data, we will comply with your request. Such requests may be made freely, at any time, without submitting any verifiable request, using the contact details provided in this document.

Purposes of use. We may use your personal information to enable the operation of NicoChat and its features. In those cases, it will be processed in a manner necessary and proportionate to the business purpose for which it was collected. We may also use it to comply with the law and defend our rights before the competent authorities where our rights and interests are threatened. We will not use your personal information for different, unrelated or incompatible purposes without notifying you.

Information for Users residing in Brazil

This part integrates and supplements the information contained in the rest of the policy. The provisions contained herein apply to all Users residing in Brazil, in accordance with the Lei Geral de Proteção de Dados (LGPD) (Brazil’s General Personal Data Protection Law). For such Users, these provisions override any others that may be divergent or conflicting contained in this policy.

The grounds on which we process your personal information

We may process your personal information only if we have a legal basis. The legal bases are:

• Your consent to the relevant processing activities;
• Compliance with a legal or regulatory obligation that falls upon us;
• The carrying out of public policies provided for in laws or regulations or based on contracts, agreements and similar legal instruments;
• Studies conducted by research entities, preferably carried out on anonymized personal information;
• The performance of a contract and its preliminary procedures, in cases where you are a party to the contract;
• The exercise of our rights in judicial, administrative or arbitral proceedings;
• Protection or physical safety of yourself or of a third party;
• The protection of health — in procedures carried out by health entities or professionals;
• Our legitimate interests, provided that your fundamental rights and freedoms do not prevail over such interests;
• Credit protection.

Your privacy rights in Brazil

You have the right to:

• Obtain confirmation of the existence of processing activities on your personal information;
• Access your personal information;
• Have incomplete, inaccurate or outdated personal information rectified;
• Obtain the anonymization, blocking or elimination of unnecessary or excessive information, or information that is not being processed in compliance with the LGPD;
• Obtain information about the possibility of providing or denying your consent and the consequences thereof;
• Obtain information about the third parties with whom we share your personal information;
• Obtain, upon express request, the portability of your personal information (except anonymized information) to another provider, provided that our commercial and industrial secrets are safeguarded;
• Obtain the deletion of your processed personal information if the processing was based on your consent, unless the exceptions provided for in art. 16 of the LGPD apply;
• Withdraw your consent at any time;
• File a complaint related to your personal information with the ANPD (Autoridade Nacional de Proteção de Dados, Brazil’s National Data Protection Authority) or with consumer protection bodies;
• Object to a processing activity in cases where it is not carried out in compliance with the provisions of the law;
• Request clear and adequate information about the criteria and procedures used for an automated decision;
• Request the review of decisions taken solely on the basis of automated processing of your personal information that affect your interests — including decisions to define your personal, professional, consumer and credit profile, or aspects of your personality.

How to make your request and how we respond

You may make your express request to exercise your rights free of any charge, at any time, using the contact details provided in this document, or via your legal representative. We will do our best to respond promptly.

If it is impossible to respond immediately, we will communicate the factual or legal reasons that prevent us from doing so. In cases where we are not processing your personal information, we will indicate the natural or legal person to whom you should address your requests, if we are in a position to do so.

When making a request for access or confirmation of processing, please specify whether you wish to receive your information in electronic or printed format, and whether you wish an immediate response (in simplified form) or full disclosure. In the case of full disclosure, we will respond within 15 days from the time of the request, providing all information about the origin of the personal information, confirmation of the existence of records, criteria used for the processing and its purposes, safeguarding our commercial and industrial secrets.

In the case of a request for rectification, deletion, anonymization or blocking, we will communicate your request immediately to the other parties with whom we have shared your personal information — except in cases where such communication proves impossible or involves disproportionate effort on our part.

International transfer and definitions

We are authorized to transfer your personal information outside Brazilian territory in the following circumstances:

• When the transfer is necessary for international legal cooperation between public intelligence, investigation and prosecution bodies, in accordance with the legal means provided by international law;
• When the transfer is necessary to protect your life or physical safety or that of a third party;
• When the transfer is authorized by the ANPD;
• When the transfer results from a commitment undertaken in an international cooperation agreement;
• When the transfer is necessary for the execution of a public policy or legal attribution of public service;
• When the transfer is necessary for compliance with a legal or regulatory obligation, the performance of a contract or preliminary procedures, or the regular exercise of rights in judicial, administrative or arbitral proceedings.

Transfer based on contracts and other legal means

We may transfer your personal information outside Brazilian territory provided that we can ensure that any further processing complies with the principles and rules of the LGPD and that your rights are safeguarded. To that end, we may use:

• Specific contractual clauses for each transfer, subject to prior verification by the ANPD;
• Standard contractual clauses, adopted by the ANPD;
• Global corporate clauses, which establish terms for the transfer within an organization and are subject to prior verification by the ANPD;
• Seals of approval, certificates and codes of conduct regularly issued by the ANPD.

Transfer based on your consent

We may transfer your personal information outside Brazilian territory if you consent to such transfer. When we ask for your consent, we will ensure that you receive all the information necessary for an informed decision, in clear and simple language, in a manner that allows you to clearly distinguish that request from others. You may withdraw your consent at any time.

Transfer to countries with standards equivalent to the LGPD

We may transfer your personal information outside Brazilian territory if the destination country, or the international organization receiving it, provides an adequate level of protection according to the ANPD. The ANPD authorizes such transfers considering the general and sectoral rules of the legislation in force at the destination, the nature of the information, compliance with the general principles of the LGPD, the adoption of adequate security measures, the existence of judicial and institutional guarantees and any other relevant circumstances.

As for the European Union: if this is the legal basis, the transfer of personal data from the EU to third countries is carried out in accordance with an adequacy decision of the European Commission, adopted whenever the Commission considers that the country provides standards comparable to those of EU data protection legislation.

Definitions and legal references

• Personal Data (or Data) — any information that, directly, indirectly or in connection with other information (including a personal identification number), allows the identification or identifiability of a natural person.
• Usage Data — information collected automatically through NicoChat (or through third-party services employed in it), which may include: IP addresses or domain names of the computers used, URI addresses, time of the request, method used to submit the request to the server, size of the file received in response, numerical code of the response status, country of origin, characteristics of the browser and operating system, timing details per visit and the path followed within the Application.
• User — the individual using NicoChat who, unless otherwise specified, coincides with the Data Subject.
• Data Subject — the natural person to whom the personal data refers.
• Data Processor — the natural or legal person, public authority, agency or other body that processes personal data on behalf of the Controller.
• Data Controller (or Owner) — the one who, alone or jointly with others, determines the purposes and means of processing personal data, including security measures. Unless otherwise specified, it is the Owner of NicoChat.
• NicoChat (or this Application) — the means by which the User’s personal data is collected and processed.
• Service — the service provided by NicoChat as described in the relative terms and on this website/application.
• European Union (or EU) — includes all current member states of the European Union and of the European Economic Area.
• Cookie — trackers consisting of small sets of data stored in the User’s browser.
• Tracker — any technology (cookies, unique identifiers, web beacons, embedded scripts, e-tags and fingerprinting) that enables the tracking of Users, for example by accessing or storing information on the device.

Cookie policy

NicoChat uses cookies to ensure the delivery of the best experience during your visit to our website. Some of these cookies are indispensable for essential features, such as login sessions, and cannot be disabled. Others are collected to improve the website’s performance and your experience, including personalized content, social network features and traffic analysis.

You may encounter third-party cookies when using NicoChat’s Services on certain websites that are not under our control — for example, when viewing a page created by third parties or using an application developed by third parties.

How we use cookies. A “session cookie” is sent to your computer when you log into your account or use NicoChat’s Services. This type of cookie helps us recognize you if you visit several pages during the same session, so that we do not have to ask for your password on every page. After you log out or close the browser, this cookie expires.

We also use more permanent cookies for other purposes, such as displaying your e-mail address in our login form, so that you do not have to type it every time. We encode our cookies so that only we can interpret the information stored in them.

You are free to refuse our cookies if your browser allows it, but this may interfere with the use of the website. We and our service providers also use cookies to personalize services, content and advertising, assess the effectiveness of promotions and promote trust and safety.

Updates to this Privacy Policy

NicoChat reserves the right to change this Policy whenever necessary to ensure compliance with laws, regulations and technological advances that may reflect changes in our operations and business practices.

This Policy will always bear the indication of the update date or current version. If the revised version includes a substantial change, we will notify you 30 days in advance, publishing the notice on the “Policy updates” page of our website. After that notice, you will be deemed to agree with all amendments made.

Any tolerances or concessions, when not expressed in writing, will not constitute precedents you may invoke and will not have the effect of altering the obligations set out in this Policy.

Legal notice

Governing law and venue

This Policy will be governed by, interpreted and enforced in accordance with the laws of the Federative Republic of Brazil, especially Lei nº 13.709/2018 (LGPD), regardless of the laws of other states or countries, with the courts of the Comarca de Belo Horizonte/MG (judicial district of Belo Horizonte, State of Minas Gerais), Brazil, being competent to settle any dispute arising from this document.