Privacy Policy

This privacy policy aims to meet the requirements of the General Data Protection Law, specifically dealing with the relationship between the TESLA and one who is accessing the site and seeking information.
 
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 website. Its purpose is to inform stakeholders about the types of data that are collected, the reasons for the collection and how the user will be able to update, manage or delete this information.

This Privacy Policy was prepared in accordance with Federal Law n. 12.965 of April 23, 2014 (Marco Civil da Internet), with Federal Law n. 13.709, of August 14, 2018 (Personal Data Protection Law) and with EU Regulation no. 2016/679 of April 27, 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 site is committed to complying with the standards set out in the LGPD, in respect of the following principles:

• The user's personal data will be processed in a lawful, fair and transparent manner (lawfulness, loyalty and transparency);
• The user's personal data will only be collected for specific, explicit and legitimate purposes, and may not be further processed in a way that is incompatible with these purposes (purpose limitation);
• 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 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 subjects only for the period necessary for the purposes for which they are processed (retention limitation);
• The user's personal data will be treated securely, protected from unauthorized or unlawful processing and against accidental loss, destruction or damage, adopting the appropriate technical or organizational measures (integrity and confidentiality).

The website user has the following rights, granted by the Personal Data Protection Law and by the LGPD:

• Right of confirmation and access: it is the user's right to obtain from the website confirmation that personal data concerning him or her are or are not the object of processing and, if this is the case, the right to access his personal data;
• Right of rectification: it is the user's right to obtain from the website, without undue delay, the rectification of inaccurate personal data concerning him;
• Right to data deletion (right to oblivion): it is the user's right to have their data deleted from the website;
• Right to limit the processing of data: it is the user's right to limit the processing of their personal data, being able to obtain it when they dispute the accuracy of the data, when the processing is unlawful, when the website no longer needs the data for the purposes proposals and when you have opposed the processing of data and in case of unnecessary data processing;
• Right of opposition: it is the user's right, at any time, to object, for reasons related to his particular situation, to the processing of personal data concerning him, and may also object to the use of his personal data for profile definition marketing (profiling);
• Right of data portability: it is the user's right to receive the personal data concerning him/her that he/she has provided to the website, in a structured format, currently used and automatically read, and the right to transmit this data to another website
• Right not to be subjected to automated decisions: it is the user's right not to be subject to any decision made exclusively based on automated processing, including the definition of profiles (profiling), that produce effects in their legal sphere or that affect them significantly similarly.

If you need any help or have any questions about our policy, you can forward it to privacy@tesla.com.br

The user will be informed in case of rectification or deletion of their data.
 
3. Duty not to provide third party data

During the use of the website, in order to safeguard and protect the rights of third parties, the website user must provide only their personal data and not those of third parties.

4. Information collected

The collection of user data 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. Data entered in the contact form
Any data eventually informed by the user who uses the contact form available on the website, including the content of the message sent, will be collected and stored.

4.1.2. Sensitive data
Sensitive data from users will not be collected, thus understood as those defined in arts. 9 and 10 of the LGPD and in arts. 11 et seq. of the Personal Data Protection Act. Thus, among others, the following data will not be collected:

• data that reveals the user's racial or ethnic origin, political opinions, religious or philosophical beliefs, or union membership;
• genetic data;
• biometric data to uniquely identify a person;
• data relating to the user's health;
• data relating to the user's sexual life or sexual orientation;
• data relating to criminal convictions or offenses or related security measures.

4.2. Legal basis for the processing of personal data

By using the website, the user is consenting to this Privacy Policy.

Users have the right to withdraw their consent at any time, without compromising the lawfulness of the processing of their personal data prior to withdrawal.

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

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

• for the fulfillment of a legal or regulatory obligation by the controller;
• to carry out studies by a research body, ensuring, 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 arbitration proceedings, the latter under the terms of Law No. 9.307, of September 23, 1996 (Arbitration Law);
• for the protection of the 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 health entities;
• when necessary to meet the legitimate interests of the controller or third party, except where fundamental rights and freedoms of the data subject that require the protection of personal data prevail;
• for credit protection, including the provisions of the relevant legislation.

4.3. Purposes of processing personal data

The user's personal data collected by the website are intended to facilitate, expedite 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 provide the site with a subsidy to improve the quality and functioning of its services.

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

4.4. Period of retention of personal data

The user's personal data will be kept for a period no longer than 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 displayed on the Site.

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

• for the fulfillment of a legal or regulatory obligation by the controller;
• for study by a research body, guaranteeing, whenever possible, the anonymization of personal data;
• for the 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 transfer can only be made to another country if the country or territory in question or the international organization in question ensure an adequate level of protection of the user's data.

If there is no adequate level of protection, the website undertakes to guarantee the protection of your data in accordance with the strictest rules, through specific contractual clauses for a given transfer, standard contractual clauses, global corporate standards or seals, certificates and codes of conduct issued regularly.

Tesla does not share or transfer your data to other companies.
 
5.The processing of personal data

5.1. The 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 together with others, determines the purposes and means of processing personal data.

If you need any help or have any questions about our policy, you can forward it to privacy@tesla.com.br

6 Security in the processing of the user's personal data

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

To ensure safety, 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.

However, the website is exempt from liability for the sole fault of a third party, such as in the case of a hacker or cracker attack, or the sole fault of the user, as in the case where he himself transfers his data to a third party. The website also undertakes to notify the user within an adequate period of time in the event of any type of breach of the security of their personal data that could pose a high risk to their personal rights and freedoms.

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

Finally, the website undertakes to treat the user's personal data with confidentiality, within legal limits.
 
7. Navigation data (cookies)

Cookies are small text files sent by the website to the user's computer and stored on it, with information related to browsing the website.

It is important to note that not every cookie contains information that allows the user to be identified, and certain types of cookies can be used simply for the website to load correctly or to function as expected.

Information eventually stored in cookies that allow the identification of a user is considered personal data. Thus, all rules provided for in this Privacy Policy are also applicable to them.

7.1. Website Cookies
Website cookies are those sent to the user's computer or device and administrator exclusively by the website.

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

To learn more about the types of cookies, visit our Cookies policy.

8. Complaint to a supervisory authority

Without prejudice to any other means of administrative or judicial recourse, all data subjects are entitled to file a complaint with a supervisory authority. The complaint may be made to the authority of the website's headquarters, the user's country of habitual residence, his place of work or the place where the alleged infringement was committed.
 
9. Changes

The present version of this Privacy Policy was last updated on 22.07.2020/XNUMX/XNUMX.

The editor reserves the right to modify the present rules at any time, especially to adapt them to the site's evolution, either by making new functionalities available, or by suppressing or modifying existing ones.

The user will be explicitly notified if this policy changes. By using the service after any changes, the user demonstrates their agreement with the new standards. If you disagree with any of the changes, you must immediately interrupt access to the website and present your reservation to the customer service, if you wish.
 
10. Applicable law and jurisdiction

For the settlement of disputes arising from this instrument, Brazilian law will be fully applied. Any disputes must be filed in the jurisdiction of the district in which the site editor's headquarters are located.