Some definitions and terminology useful for interpreting the Policy are as follows:
- “LGPD”: It is the General Data Protection Law No. 13.709;2018.
- "Partner": is the duly regularized Partner/Motorcycle-taxi Driver/Deliverer or the driver providing the individual private paid passenger transportation service who uses the Maxim's Services.
- " Holder": Is the physical person to whom the Personal Data is related.
- "Treatment": Is any form of use Maxim may make of Personal Data, including but not limited to the following activities: collection, storage, consultation, use, sharing, transmission, classification, reproduction, deletion, and evaluation.
- "Users": Any person who uses the Maxim Services.
- "Personal Data": Information related to a physical person that is capable of identifying him/her or makes it possible to identify him/her. Examples of Personal Data that may allow your identification: Name, CPF, telephone, e-mail, license plate number.
- "Sensitive Personal Data": Personal data about racial or ethnic origin, religious belief, political opinion, membership of a trade union or religious, philosophical or political organization, data concerning health or sex life, genetic or biometric data.
In these terms, Personal Data and Sensitive Personal Data shall be referred to collectively as "Data" or "Personal Data".
1. Identity and contact details of the Controller
2. Processed data
This is because if you do not provide information that is essential to the operation of the Applications, you may not be able to fully use our Services.
Therefore, please note that Maxim may collect information about you, including information that can identify you, in a variety of circumstances, including:
When creating your registration and setting up your prepaid payment account;
When you access our website or use the Maxim Services; e,
While using Applications, as long as they remain active, in the foreground and background (when the application is open but not displayed on the device screen).
When signing up, you provide certain information, which may include your name, photograph, full address, zip code, phone number, e-mail, CPF number, CNH, RENAVAM, license plate and car model, gender, date of birth, ID, marital status, racial or ethnic origin, payment and bank account information, proof of residence, and official certificates. Other information may be collected and processed by the Maxim to meet legitimate interests or due to legal regulations that are applicable to it.
You must grant the Maxim permission to access your Contact List and photo gallery in order to use certain features of the Applications. This functionality is not required to use the Application or Services and may be enabled at your sole discretion, but such denial will prevent the sharing of promotional bonuses.
As you use the Maxim Applications and Services, additional information regarding you may be obtained by Maxim, such as your image, voice, geographic position, route, trip duration, IP address, browser used, SSID and signal strength of nearby wireless networks, cookie information, mobile device type and brand, mobile device identifiers, operating system version, installed applications, network information Internet connection provider used, device configuration, software data, usual boarding and alighting locations, itineraries, your evaluations of the Maxim's Services, financial data, financial transactions, the payment methods used and their amounts, communications made through the Maxim Applications, and communications made between you and the Maxim through our service channels.
In addition, when you are using the Maxim Applications and/or Services, we may obtain your Advertising Identifier (Permission for Tracking) used to identify the application download channel (GooglePlay, AppStore or others) so that you can take advantage of better services and offers.
Use of Location Data: The Maxim uses the location data from your device in order to provide the best service to you. This information is used to ensure maximum safety and comfort in your travel, deliveries, and other services. In addition, this data is very important for us to improve other aspects of the applications, such as identifying the location where the user will find the driver or delivery person, among others.
On your device, you can set your location data in three different ways: (i) Allow the app to access location all the time. In this mode we can collect location data all the time, without having to open the app. The data will be collected in the background, without notable interference with the device's data plan or battery. It is the most appropriate mode for us to provide the service more dynamically and to be able to improve our applications; (ii) Allow the app to access the location only during use. Data will only be collected when the application is open. This mode allows you to request rides and deliveries without having to enter the address, track the status of your trip or delivery, among other features; (iii) Deny access to location. Maxim will not be able to access your location data and, consequently, we will not be able to provide many features that rely on this information. For drivers, motorcycle taxi drivers and deliverers, it is imperative and indispensable that the location data are always enabled, since they are essential for the operation of the service.
Should you fail to provide any of the requested information, the Maxim cannot guarantee the quality and accuracy of the Maxim Applications and Services. If you fail to provide information essential to the operation of the Applications or the provision of the Services, Maxim may exclude you from the Maxim mobile applications immediately, including for ensuring the smooth and safe operation of the Applications and Services for other users.
The Maxim may also obtain information about you from public and private databases, business partners and other service providers when you link your Account with such providers ("Third Parties"), provided that such Third Parties have obtained the information in accordance with applicable law. This information may be associated with the other information the Maxim collects about you and may also be used in the situations and for the purposes described in Section 4 (Use and Sharing) below. Information provided by Third Parties to the Maxim is subject to the discipline established by such Third Parties and may be subject to their respective privacy policies.
3. Protection and Storage
The Maxim collects personal information about you, and for this reason, the security of your data is a priority.
The Maxim employs appropriate information security practices throughout its systems and infrastructure, including physical and digital security measures to ensure the protection of your information. These measures include access controls, strong encryption, SSL implementation, firewalls, change logging, dual factor authentication, and other mechanisms and protocols. With respect to data of a financial nature, additional security measures are applied in accordance with applicable regulations.
Personal Data is processed exclusively for as long as necessary to fulfill the purposes for which they were collected, unless there is another reason for their maintenance, such as compliance with legal, regulatory or contractual obligations, regular exercise of rights in administrative, judicial or arbitration proceedings, among others permitted by the LGPD.
The security measures described above apply to your information only after the Maxim receives it and for as long as the Maxim retains it in its custody. Maxim is not responsible for the operation and security of the device you use to access the Maxim Applications and Services or the network over which your data travels. To ensure a more secure environment, the Maxim suggests (but does not guarantee against incidents) that you observe the following basic security precautions:
· Access the application from trusted networks;
· Don't trust strange e-mails;
· Do not visit suspicious sites;
· Keep protection mechanisms active and up-to-date, such as anti-virus and anti-malware;
· Do not install applications or programs from strange or illegal sources; and
· Do not access "promotional content" from unknown sources;
The Maxim and its service providers and business partners take reasonable steps to protect the personal data you access or receive through its Applications or Services from loss, misuse and unauthorized access, disclosure, alteration or destruction. Nevertheless, the Maxim cannot guarantee the complete security of your data and disclaims, to the fullest extent permitted by law, all liability and damages for any loss, misuse and unauthorized access, disclosure, alteration or destruction that does not arise from its own intent. In any event, it is recommended that you take all available precautions to protect the Personal Data you submit to the Maxim Applications and Services.
4. Use and Sharing
Your information, including your Personal Data, is used to provide and improve, aesthetically and functionally, the Maxim Applications and Services, in addition to other purposes set forth in this Section. Except as provided below, Maxim shall not share your information with third parties.
Specifically, Maxim shall use your information for the following purposes:
To provide, deliver, maintain, develop, enhance, disseminate and extend the use of the Maxim Applications and Services;
Identify you and customize your experience and use of the Maxim Applications and Services, including for promotional purposes;
Generate statistical analyses and reports on the functioning and operation of the Maxim Applications and Services, for the benefit of the Maxim and/or its partners;
Enable the Maxim to contact you regarding the Applications and Services it makes available and to provide user support;
Provide and improve security and monitoring mechanisms for the Maxim Applications and Services, including security monitoring during use thereof;
Monitor the provision of services by partners and ensure, to the extent possible, their quality and safety;
Detect and protect the Maxim and users from fraud, abuse or illegal acts, as well as preserve the security and physical integrity of the user;
Detect and prevent the use of applications and programs for fraudulent purposes or for purposes of altering the functionality of the Applications and Services provided by the Maxim;
Develop new products, services and functionalities;
Perform risk control and criminal background analysis;
Comply with legal obligations of data collection and sharing with the government, in the form of applicable laws and regulations;
To enable the Maxim's defense in any eventual lawsuits.
Comply with Anti-Money Laundering and Terrorist Financing (KYC) standards, profile checks, and transaction history, in accordance with applicable regulations on money laundering prevention.
Your contact information is used for the Maxim to communicate directly with you and to send you relevant information including transaction information, notices about the Application and Services, special offers, event announcements, news, best practices, and more.
Your financial data is used for making payments for the rides/trips and deliveries made and for transferring the respective amounts to the Drivers/Moto-taxi drivers/Delivery Companies and partner establishments, in addition to the sharing possibilities foreseen below.
The Maxim shall not share or provide to third parties your information, including your personal data, except:
(i) when you request or authorize the Maxim to share;
(iii) to enable the delivery and operation of the Maxim Applications and Services in the proper manner and form that you contracted;
(iv) to business partners providing services through the platform, or working on behalf of the Maxim, including payment methods, according to the specifications and guidelines determined by Maxim, including contractual provision of duty to maintain the confidentiality of information by these third parties;
(v) to users who use the platform for contracting the partner, whereby the basic information of the respective contracted partner will be provided;
(vi) to agencies, authorities and other entities of the public power, to comply with the laws and regulations applicable to the Maxim Applications, Services and/or the service provided by users of the Maxim platforms;
(vii) to agencies, authorities and other government entities, as well as private individuals or legal entities, in order to comply with legal obligations or court orders;
(viii) to the police authority or the representative of the Public Prosecutor's Office, regardless of the existence of specific legal obligation or court order, when, at the Maxim's discretion, there is suspicion, flagrant breach or investigation of crime with violence or serious threat involving users of the Applications, or necessary to protect the rights, property or safety of the Maxim, its users or third parties;
(ix) for the exercise and defense of any of the Maxim's rights, at its discretion, including in judicial or administrative proceedings; and
(x) in case of a change in the ownership or control of the Maxim, due to merger, acquisition or sale of assets.
The Maxim has global reach and therefore there may eventually be a need to share data with other companies in the group located outside of Brazil, especially Russia. These transfers may occur for reasons of internal management, such as, for example, information that may assist in the improvement of the Maxim's platforms.
Thus, it is possible that transfers may also occur to partners and suppliers located abroad. In situations of International Transfer, whether to third parties or group companies, strict standards of privacy and protection of Personal Data shall be adopted to ensure that these organizations comply with applicable data protection laws.
We may use certain technologies to monitor the activities performed on the platform. The information collected through such technologies is used to perform platform performance metrics, identify usage issues, capture user behavior generally, and collect content impression data. The technology we use for monitoring is cookies.
Cookies are small text files that websites, applications, digital media and advertisements store in your browser or device to recognize you on future visits to the same and other sites, and the most known and usual are: "Strictly Necessary", "Site Features and Services", "Analysis, Performance and Research", "Advertising" and "Mobile-Specific".
By default, most browsers are set to accept cookies, but you have the right to choose whether to accept cookies or not. In the case of mobile device users, operating systems have controls that allow the user to choose whether to accept cookies or share their identities for advertising purposes. However, they are an important part of the operation of our Services and refusal or deletion of cookies may affect the availability and functionality of the Services.
6. Basis for treatment
The Maxim collects and uses personal data when it has the legal basis to do so, this includes processing personal data to, for example:
(i) Compliance with the Maxim's Legal Obligations: storage of your IP data, date and time of access for compliance with the obligation established by the Civil Landmark of the Internet, storage of payment data for compliance with tax obligations, among other obligations;
(ii)Execution of the Contract signed with you (provision of services and offer of resources): your registration data is necessary in order to be able to provide the service in an adequate manner, carry out collections, attend to your requests, among other activities;
(iii) To serve the Maxim's or a third party's Legitimate Interests: we handle your registration data and other data provided by you to validate your identity, ensure your security and physical integrity, anti-fraud checks, among other activities;
(vi) In view of the General Data Protection and Fundamental Rights Act, for the purposes of processing personal data, we request your express consent as follows:
(i) send and provide you with promotions and financial incentives related to your use of the Maxim Applications and Services, unless you opt-out of receiving them through your Application settings;
(ii) enable access to your Application's Contacts by allowing the application to access your Contacts List, unless you choose not to enable this functionality through your Application's settings;
(iii) increase the safety of users by checking images of the interior of vehicles and their occupants during trips, always upon prior notice to you and ensuring your right to cancel and stop the trip;
(iv) perform advertising actions and campaigns of the Maxim Applications and/or Services, including the use of images of the interior of vehicles and their occupants during trips, always upon prior notice to you and ensuring your right to oppose the use of your personal data and images for this purpose; and
(v) production of journalistic materials and related content of an informative and/or advertising nature related to the Maxim Applications, Services and/or drivers, always upon prior notice to you and ensuring your right to object to the use of your personal data and images for this purpose.
7. User Rights
Regarding your information processed by the Maxim that qualifies as personal data, as defined by the Brazilian legislation, via the LGPD (law 13. 709/2018), you are entitled to (i) receive from the Maxim clear, precise and easily accessible information about the performance of the treatment and the respective treatment agents, (ii) obtain from the Maxim, upon request, access to the collected data, correction of registration data, confirmation of the existence of treatment, deletion of personal data, subject to legal exceptions, portability of data to another service or product provider, in accordance with the regulation of the national authority, information about the sharing of data, information about the possibility of not giving consent and about the consequences of denying and revoking consent, (iii) request a review of decisions taken solely on the basis of automated processing of personal data affecting his/her interests, (iv) object to processing carried out on the basis of one of the exemptions from consent in the event of non-compliance with the provisions of the applicable law, (v) bring an action in respect of his/her data against the controller before the competent national authority. Some of these rights will only become effective with the establishment of the national data protection authority and the structure of its regulations.
The Brazilian law guarantees the holders a series of rights related to Personal Data, and to request the exercise of any of these guaranteed rights, just access the specific channels for preference management and exercise of rights within the Maxim applications.
Through the specific channels, it is possible to exercise the rights provided for in the LGPD, such as, for example, (i) confirmation and access; (ii) correction; (iii) anonymization, blocking or deletion; (iv) revocation of consent; (v) opposition, among others.
The Maxim is responsible for compliance with the legal regulations applicable to the processing of your personal data and for compensation for any damage caused in the event of non-compliance with these legal regulations. We will not be liable in any way if we have not carried out the processing of personal data assigned to us, if there has been no violation of data protection legislation or if any damage arises from your exclusive fault or that of a third party.
8. Deletion and Retention of Personal Data
Therefore, in order to determine the appropriate retention period for each type of Personal Data collected, the Maxim performs a technical analysis considering its nature, the need to collect it, the purpose for which it will be processed, as well as possible retention needs to fulfill obligations or protect rights.
If you wish to delete your personal data held by the Maxim, you must delete the Application by going to Settings > Privacy > Delete Account. Should you confirm the process to delete the account your ride history information, personal information and payment information will be deleted. Therefore, uninstalling the Application is not enough to delete your information.
In compliance with applicable law or court order, the Maxim may keep certain data about you stored for a period of not less than six (6) months after your request for deletion. Such data shall not be anonymized or destroyed by Maxim prior to the expiration of such period.
Maxim will store your request for deletion and, observing the legal term of mandatory storage of certain data, will provide the destruction or anonymization, at the company's discretion, of the information capable of identifying you.
Should you request the deletion of your information but have any outstanding obligation to Maxim, including unpaid amounts and negative balance, your information will not be deleted and will remain stored for the purpose of enabling the resolution of the pending matter and the adoption of measures aiming at their collection by the Maxim.