Terms of Use and Privacy Policy

TERMS OF USE

2. DEFINITIONS

For the purposes of these Terms of Use, the following definitions apply:

Public Administration: An organization or entity that is part of the public administration of any of the Powers of the Union, States, Federal District, and Municipalities, including Public Advocacy and Public Defender's Office.

Platform Administrator: The entity responsible for managing the Brasil Participativo platform (Office of the Presidency of the Republic - SG/PR).

Public Agent: Any individual who exercises, even temporarily or without remuneration, by election, appointment, designation, hiring, or any other form of admission or association, a mandate, position, job, or function within the entities of the Public Administration, whether direct or indirect.

Processing Agents: The manager and the operator.

Authenticity: The quality of information that has been produced, issued, received, or modified by a specific individual, equipment, or system.

National Data Protection Authority: The public administration entity responsible for supervise, implementing, and enforcing compliance with this Law throughout the national territory.

Database: A structured set of personal data, established in one or several locations, in electronic or physical support.

Blocking: Temporary suspension of any data processing operation, involving the retention of personal data or the database.

Entity Registration: The administrative profile of the entity as a user in the platform.

Malicious Code: A program, or part of a program, specifically designed to compromise the security of a computational system, usually by exploiting a system vulnerability.

Confidentiality: Assurance that information is accessible only to authorized individuals.

Consent: A freely given, informed, and unequivocal expression by which the data subject agrees to the processing of their personal data for a specified purpose.

Manager: An individual or legal entity, public or private, responsible for decisions regarding the processing of personal data.

Cookies: Files stored on users' computers or mobile devices when accessing a web page, which save and retrieve information related to their browsing.

Anonymous Data: Data related to a data subject that cannot be identified, considering the use of reasonable and available technical means at the time of processing.

Sensitive Personal Data: Personal data about racial or ethnic origin, religious beliefs, political opinions, union membership, or membership in a religious, philosophical, or political organization, health or sexual life data, genetic or biometric data when linked to a person.

Personal Data: Information related to an identified or identifiable person.

Data: A sequence of symbols or values, represented in any means, produced as a result of a natural or artificial process.

Availability: The quality of information that can be accessed and used by authorized individuals, equipment, or systems.

Document: A unit of recorded information, regardless of support or format.

Elimination: Removal of data or a set of data stored in a database, regardless of the procedure used.

Data Protection Officer: An individual designated by the manager and operator to act as a communication channel between the manager, the data subjects, and the National Data Protection Authority.

Integrity: Assurance of the accuracy and completeness of information and the methods of its processing.

Internet: A system consisting of a set of logical protocols, structured on a global scale for public and unrestricted use, aimed at enabling data communication between terminals via different networks.

International Login: A specific access method for individuals from other countries who do not have a Brazilian document and are unable to access the Gov.br platform.

Moderation: The analysis of content published on the platform to ensure compliance with these Terms of Use and to maintain a safe and respectful environment for users. If the published content violates any point of these Terms of Use, it may be hidden or removed.

Operator: An individual or legal entity, public or private, that processes personal data on behalf of the manager.

Platform: A digital structure or ecosystem that provides support and functionalities for carrying out specific activities, operations, or services.

Primacy: The quality of information collected at the source, with the maximum possible detail, without modifications.

Information Security: A set of practices and methods aimed at preserving the confidentiality, integrity, and availability of information.

Public Service: Administrative activity or direct or indirect provision of goods or services to the public, carried out by an entity of the public administration.

Sites and Applications: Instruments through which the user accesses the services and content available on the internet.

Third Party: An individual or entity not directly involved in a contract, legal act, or business, but who may have an interest in a legal process beyond the parties involved.

Data Subject: The person to whom the personal data being processed refers.

Information Processing: A set of actions related to the production, reception, classification, use, access, reproduction, transit, transmission, distribution, archiving, storage, elimination, evaluation, disposal, or control of information.

Shared Use of Data: Communication, dissemination, international transfer, interconnection of personal data, or shared processing of personal databases by public entities in the fulfillment of their legal duties, or between these and private entities, with specific authorization for one or more types of processing allowed by these public entities, or between private entities.

User Entity: Officials designated by the entities for managing documents on the platform and for monitoring contributions on the platform.

Users: Natural or legal persons who, once properly registered, use the tools provided on this platform, with the prohibition of registering and/or providing personal data of third parties without explicit consent.

3. LEGAL FRAMEWORK

The legal framework applicable to Brasil Participativo includes the following legislative and normative acts:

1. Constitution of the Federative Republic of Brazil of 1988;
2. Law No. 14.129, of March 29, 2021: Principles, rules, and instruments for Digital Government;
3. Law No. 13.709, of August 14, 2018: General Data Protection Law;
4. Law No. 13.444, of May 11, 2017: On National Civil Identification;
5. Law No. 13.460, of June 26, 2017: On participation, protection, and defense of the rights of public service users;
6. Law No. 12.965, of April 23, 2014: Civil Rights Framework for the Internet: Establishes principles, guarantees, rights, and duties for the use of the Internet in Brazil;
7. Law No. 12.737, of November 30, 2012: On criminal classification of computer-related offenses;
8. Law No. 12.527, of November 18, 2011: Access to Information Law;
9. Law No. 7.716, of January 5, 1989: Defines crimes resulting from racial or color prejudice;
10. Decree-Law No. 2.848, of December 7, 1940: Brazilian Penal Code;
11. Decree No. 12.002, of April 22, 2024: Establishes norms for the preparation, drafting, amendment, and consolidation of normative acts;
12. Decree No. 11.363, of January 1, 2023: Approves the Organizational Structure and the Demonstrative Framework of Commissioned Positions and Functions of the Office of the Presidency of the Republic and reallocates commissioned positions and functions;
13. Decree No. 10.046, of October 9, 2019: On governance in data sharing within the federal public administration and establishes the Citizen Base Registry and the Central Data Governance Committee;
14. Decree No. 9.637, of December 26, 2018: Establishes the National Information Security Policy, provides for information security governance, and amends Decree No. 2.295, of August 4, 1997, which regulates Article 24, caput, item IX, of Law No. 8.666, of June 21, 1993, and provides for exemptions from bidding in cases that may compromise national security;
15. Decree No. 8.936, of December 19, 2016: Establishes the Digital Citizenship Platform;
16. Decree No. 8.777, of May 11, 2016: Establishes the Open Data Policy of the Federal Executive Government;
17. Decree No. 7.724, of May 16, 2012: Regulates Law No. 12.527, of November 18, 2011 (Access to Information Law), which provides for access to information as outlined in the Constitution;
18. Decree No. 7.845, of November 14, 2012: Regulates procedures for security accreditation and handling of classified information at any level of secrecy, and provides for the Security and Accreditation Center;
19. Normative Instruction GSI No. 1, of June 13, 2008: Regulates Information and Communications Security Management in the Federal Public Administration, direct and indirect, and provides other measures.

4. DESCRIPTION OF THE SERVICE

Service Name: Brasil Participativo Platform

Responsible Institution (Platform Administrator): National Secretariat for Social Participation – General Secretariat of Republic Presidency - Presidency of Federative Republic of Brazil.

The Brasil Participativo is the new federal government's digital social participation platform. For citizens (users), this tool offers the opportunity to actively participate in the public policy-making process in an accessible, democratic, and secure environment through participatory initiatives. For managers (user entities), it serves as an auxiliary instrument for improving, monitoring, and developing effective public policies.

As users, all Brazilian citizens and foreign individuals can participate, while as entities, all organizations of the Federal Public Administration and universities are included.

For using the platform, during registration, personal information of the user or entity will be requested, which must be provided in accordance with legal regulations while ensuring data confidentiality. Navigation and inquiries on this platform are subject to these Terms and Privacy Policy, as well as to registration through Gov.br or international login, involving the creation of an access profile (login and password).

5. USERS' RIGHTS

In addition to the rights guaranteed by Law No. 12.527/2011 – Access to Information Law, users of the service have the following rights, as provided by Law No. 13.709/2018 – General Data Protection Law:

1. Right to Confirmation and Access (Art. 18, I and II):

   “I - Confirmation of the existence of processing;
   
   II - Access to the data.”

2. Right to Rectification (Art. 18, III):

   ”III - Correction of incomplete, inaccurate, or outdated data.”

3. Right to Data Processing Limitation (Art. 18, IV and § 1º):

   “IV - Turning anonymous, blocking, or elimination of unnecessary, excessive data or data processed in non-compliance with this Law;
   
   § 1º - The data subject has the right to petition regarding their data against the manager before the national authority.”

4. Right to Data Portability (Art. 18, V):

   “V - Portability of data to another service or product provider, upon express request, in accordance with national authority regulations, while respecting commercial and industrial secrets.”

5. Right to Opposition (Art. 18, § 2º):

   “§ 2º - The data subject may oppose processing based on one of the consent waiver hypotheses, in case of non-compliance with this Law.”

6. Right to Review Automatic Decisions (Art. 20):

   “Art. 20 - The data subject has the right to request the review of decisions made entirely based on automatic processing of personal data that affect their interests, including decisions intended to define their personal, professional, consumer, and credit profiles or aspects of their personality.”




Additionally, users have the following rights granted by Law No. 12.965/2014 (Civil Rights Framework for the Internet):

7. Right to Inviolability and Confidentiality (Art. 7, I, II and III):

   “Art. 7 - Access to the internet is essential for exercising citizenship, and the user is assured the following rights:

   1. Inviolability of intimacy and private life, its protection, and compensation for material or moral damages resulting from its violation;
   2. Inviolability and confidentiality of the flow of their communications over the internet, except by court order, according to the law;
   3. Inviolability and confidentiality of their stored private communications, except by court order.”
8. Right to Refusal to Provide Personal Data (Art. 7, VII):

   “VII - Not providing personal data to third parties, including connection logs and access to internet applications, except with free, express, and informed consent or as provided by law.”

9. Right to Clear Information Related to Personal Data (Art. 7, VIII, a, b, c):

   “VIII - Clear and complete information about the collection, use, storage, processing, and protection of personal data, which may only be used for purposes that:

   1. Justify its collection;
   2. Are not prohibited by legislation; and
   3. Are specified in service contracts or terms of use of internet applications.”
10. Right to Data Removal (Art. 7, X):

    “X - Definitive removal of personal data provided to an internet application, upon request, at the end of the relationship between the parties, except in cases of mandatory record retention as provided by this Law and the law on personal data protection.”

11. Right to Accessibility (Art. 7, XII): “The user is assured the right to accessibility, considering the user’s physical-motor, perceptual, sensory, intellectual, and mental characteristics, in accordance with the law.”



In addition to the rights provided in the General Data Protection Law and the Civil Rights Framework for the Internet, users of the Brasil Participativo Platform are granted the basic rights outlined in Article 6, items I to IV, of Law No. 13.460/2017:

“ Art. 6 - The basic rights of the user are:

1. Participation in monitoring and evaluating services;
2. Obtaining and using services with freedom of choice among the means offered and without discrimination;
3. Access and obtaining information about themselves contained in records or databases, in accordance with Article 5, X of the Federal Constitution and Law No. 12.527, of November 18, 2011;
4. Protection of their personal information, in accordance with Law No. 12.527, of November 18, 2011.”

6. RESPONSIBILITIES OF USERS, USER ENTITIES, AND PLATFORM ADMINISTRATOR

6.1 Responsabilidade do Usuário

The user is responsible for the accuracy and veracity of the information provided and acknowledges that inconsistencies and/or non-compliance with the terms of use may lead to the cancellation of access to the Platform at any time, without prior notice.

While using the service, to safeguard and protect third-party rights, the user agrees to provide only their own personal data and not that of others.

Access must be made using the Gov.Br login and password or international login, which must be used exclusively by the registered user. The user is committed to maintaining the confidentiality of the password, which is personal and non-transferable. Any claims of misuse after sharing the password are not acceptable under any circumstances.

The user will be held accountable for actions taken by third parties on their behalf, through the use of their name and/or password.

The user of the service is responsible for updating their personal data and for the consequences in the event of omissions or errors in the information provided.

The user will be held civilly, criminally, and administratively responsible for the content of their posts, in accordance with current legislation.

The user is responsible for compensating for all damages, whether direct or indirect (including those resulting from violations of fundamental rights; violations of any rights of other users; to third parties, including intellectual property rights; confidentiality; and personality rights), caused to the Public Administration, any other user, or any third party, including those resulting from non-compliance with these Terms of Use and Privacy Policy or any actions taken from their access to the service.

The platform uses the Creative Commons CC BY-SA 4.0 license. By exercising the licensed rights, you accept and agree to be bound by the terms and conditions of this Creative Commons Attribution-ShareAlike 4.0 International License ("Public License").

The Brasil Participativo Platform contains texts, photographs, images, videos, logos, and sounds protected by copyright. By accessing the platform, the user agrees to respect intellectual property rights and those related to trademark protection, as well as all rights related to third parties that may be, or have been, available on the platform in any form.

The disclosure of banking data (e.g., account, number agency, and related data) in initiatives and comments is prohibited.

The inclusion of external links in contributions is prohibited to avoid exposure to malicious links, phishing attacks, or malware infections.

Comments containing personal or third-party advertising, including company advertisements, are prohibited.

Sending offensive, injurious, illegal, untruthful, misleading, harmful content, or content that generates financial value for participants is prohibited. The platform reserves the right to remove any inappropriate content.

The user acknowledges that the purpose of the social participation initiatives on the platform is to promote dialogue between the public administration and the citizens. This relationship should be guided by the principles of legality, morality, efficiency, publicity, transparency, and motivation, as outlined in the constitutional provisions. The user agrees not to use any means, financial or otherwise, to promote any proposal that undermines equality or the purpose of the mentioned social participation mechanism.

6.2 Responsibilities of the User Entity

The user entity must formally designate and review staff with authorization to manage the entity's registration.

The insertion, editing, and publication of any document on the Platform will be the responsibility of the public entities registered in the system.

The collection of additional information by entities, primarily through but not exclusively surveys, is entirely the responsibility of the entities. In the case of collecting personal information, the entity must inform the citizen about the purpose and how the data will be processed.

It is the responsibility of the user entity to create the visual identity of their respective participatory processes and to widely disseminate the participatory process through their communication channels.

Entities will be responsible for monitoring, analyzing, and responding to contributions made by citizens.

The entity must monitor the content inserted into the module used that violates these Terms of Use and report such occurrences to the National Secretariat for Social Participation for necessary actions.

The following conditions, among others, are considered to violate the Terms of Use:

• Presenting calumny, defamation, or libel;
• Containing vulgar or inappropriate language;
• Featuring sexual or pornographic content;
• Using speech or communication that promotes discrimination, hostility, or violence against individuals or groups based on religion, ethnicity, nationality, race, color, descent, gender, or other identity characteristics;
• Inducing or inciting homophobic and transphobic conduct;
• Promoting harassment and virtual bullying;
• Spreading false or misleading information that may harm people's health or safety;
• Publishing content that depicts violence, cruelty, torture, or death;
• Containing external links that violate the terms listed here;
• Receiving more than 10 complaints from other users on the platform about a single proposal.

The user entity cannot be held responsible for the following:

• Invasions of any kind on devices used by users;
• Any damages caused by the improper use of the service by users, such as computer viruses, password theft, and data theft of any kind;
• Equipment malfunction during the use of services;
• Covert monitoring of users' computers; and
• Vulnerabilities or instabilities existing in users' systems.

6.3 Responsibilities of the Platform Administrator

The responsibilities of the General Secretariat of the Presidency of the Republic are as follows:

In compliance with the provisions of Law No. 12.965/2014 (the Internet Civil Framework) and Law No. 13.709/2018 (the General Data Protection Law), the General Secretariat commits to fulfilling all obligations related to the correct use of citizens' personal data, preserving the privacy of the data used in the service, and ensuring all legal rights and guarantees of data subjects. This includes publishing and informing users of future changes to these Terms of Use and Privacy Policy via the website (https://sso.acesso.gov.br/), in accordance with the principle of publicity established in Article 37, caput, of the Federal Constitution.

The General Secretariat is also obliged to promote, independently of requests, the dissemination of collective or general interest information produced or held by it in easily accessible locations within its competencies. The Public Administration is responsible for implementing security controls to protect the personal data of data subjects.

Regarding international login, it is the responsibility of the General Secretariat to review and approve the registrations received. In cases of disapproval, an email will be sent to the individual requesting rectification of the provided data.

In response to court orders requesting information, the General Secretariat will share necessary information for investigations or take measures related to illegal activities, suspected fraud, or potential threats against people, property, or systems supporting the Brasil Participativo Service or otherwise necessary to comply with legal obligations. In such cases, the General Secretariat will notify data subjects unless the process is under judicial secrecy.

Data will be retained as long as relevant. After the period during which personal data needs to be stored, it will be deleted from our databases or changed to an anonymous status, in accordance with the legally provided situations under Article 16 of the General Data Protection Law. That is, personal information required for compliance with legal, judicial, and administrative determinations and/or for the exercise of the right of defense in judicial and administrative processes will be maintained, despite the removal of other data.

After being notified by the user entity about content that violates these Terms of Use, the General Secretariat of the Presidency of the Republic will be responsible for analyzing the content and, if a violation is confirmed, will remove it from the platform. In such cases, the Secretariat may also block the user from Brasil Participativo and notify the contributors, including forwarding the issue to relevant entities for legal analysis.

Blocked users will not be allowed to participate on the platform anymore.

The General Secretariat of the Presidency of the Republic cannot be held responsible for the following:

• Equipment infected or compromised by attackers;
• Equipment malfunction during the use of services;
• Protection of computers;
• Protection of information based on users' computers;
• Abuse of users' computers;
• Covert monitoring of users' computers;
• Vulnerabilities or instabilities in users' systems;
• Insecure perimeters;
• Content published by platform users.

The General Secretariat of the Presidency of the Republic will not be responsible, under any circumstances, for the installation of malicious codes (viruses, trojans, malware, worms, bots, backdoors, spyware, rootkits, or any others that may be created) on the User's or third parties' equipment resulting from the user’s internet navigation.

Under no circumstances will the service or its collaborators be liable for any direct, indirect, consequential, special, unforeseen, or punitive damages arising from any matter of responsibility, whether contractual, objective, or civil (including negligence or other), resulting from any use of the service, even if the possibility of such damages was warned.

The General Secretariat of the Presidency of the Republic will make its best efforts to ensure that Brasil Participativo operates properly and without interference, guaranteeing that in cases of interruptions caused by errors or failures, normal operation will be restored as quickly as possible.

The General Secretariat of the Presidency of the Republic is committed to maintaining the functionality of the service, using a layout that respects usability and navigability, facilitating navigation whenever possible, and displaying functionalities in a complete, accurate, and sufficient manner so that operations performed on the service are clear.

Considering that the service deals with personal information, the user agrees not to use bots, data scanning and storage systems (such as “spiders” or “scrapers”), hidden links, or any other dubious resource, tool, program, algorithm, or automatic data collection/extraction method to access, acquire, copy, or monitor the service without explicit written permission from the entity.

The General Secretariat of the Presidency of the Republic clarifies that the dissemination of images of people whose photos may be reproduced on the platform has purely informative purposes, given the public nature of the events where such photographs are produced.

7. RIGHTS OF THE PLATFORM ADMINISTRATOR - GENERAL SECRETARIAT OF THE PRESIDENCY OF THE REPUBLIC

Approval, within 72 hours, of registrations made as international login;

Continuous monitoring and moderation of content posted on the platform that falls under its direct responsibility;

Content moderation will be defined based on the specifics of the features provided;

Content posted in the feature that violates these Terms of Use will not be published on the platform and will be forwarded for necessary actions.

Conditions considered as violations of the Terms of Use include, but are not limited to:

• Presenting calumny, defamation, or libel;
• Containing vulgar or inappropriate language;
• Presenting sexual or pornographic content;
• Using speech or communication that promotes discrimination, hostility, or violence against individuals or groups based on religion, ethnicity, nationality, race, color, descent, gender, or any other characteristic of identity;
• Inducing or inciting homophobic and transphobic behavior;
• Promoting harassment and virtual bullying;
• Propagating false or misleading information that may harm people's health or safety, such as "Fake News," indications of fraud, or criminal approaches;
• Content depicting violence, cruelty, torture, or death;
• Content filled out incompletely or with incorrect contacts is subject to invalidation;
• Containing external links that infringe the terms listed here;
• Receiving more than 10 complaints from other users on the platform.

The General Secretariat of the Presidency of the Republic disclaims any and all responsibility, to users and third parties, for malicious publications using the content of the platform.

8. NOTIFICATIONS

By agreeing to these Terms of Use, you authorize the National Secretariat for Social Participation to send information and notices about participatory processes on the Brasil Participativo platform.

Brasil Participativo may send information and notices to the email and/or mobile phone, via SMS (Short Message Service), WhatsApp, or other messaging apps registered on the Gov.br platform.

It is the user's responsibility to correctly complete the registration, as well as to edit, change, or erase the registration details, especially when changing and/or canceling the registered number.

Brasil Participativo will not request personal, banking, password, or any other confidential information under any circumstances. This service is purely informational, and the messages transmitted will be limited to text, without links, email addresses, third-party advertisements, attachments, password requests, or authorization requests.

The notification service will be provided by Brasil Participativo for an indefinite period and may be canceled, at no cost to either party, by notifying via email at: brasilparticipativo@presidencia.gov.br.

It is the user's responsibility to inform Brasil Participativo of their desire to cancel the service.

Message sending is free of charge, as provided by specific legislation.

9. PRIVACY POLICY

The Privacy Policy, established by the National Secretariat for Social Participation and used by the Brasil Participativo platform, addresses the use of personal data.

This specific Policy is an integral part of these Terms of Use, highlighting that personal data processed by this service will be handled in accordance with current legislation.

This Privacy Policy may be updated due to potential regulatory changes, and users are advised to periodically review this section.

10. CHANGES INTO THE TERMS OF USE

This version of the Terms of Use was last updated on June 4, 2024.

The publisher reserves the right to modify these terms on the website at any time, especially to adapt them to the developments of Brasil Participativo, whether through the introduction of new features, the removal or modification of existing ones, or due to potential regulatory updates.

To ensure compliance with regulations and best practices on the subject, the Terms of Use established here may be changed without prior notice, and it is advisable to review this page periodically. Any changes and/or updates to the Terms of Use and Privacy Policy will take effect from the date of their publication on the service's site and must be fully observed by users and/or user agencies.

For more information, please access our privacy policy below.

11. CONTACT

For questions related to the Brasil Participativo platform, please contact us through our support channel at brasilparticipativo@presidencia.gov.br.

12. JURISDICTION

These Terms will be guided by Brazilian law. Any claims or disputes arising under these Terms will be resolved exclusively by the Federal Court, Judicial Section of the Federal District.

Without prejudice to any other administrative or judicial means available, all data subjects have the right to lodge a complaint with the National Data Protection Authority.

PRIVACY POLICY

1. DEFINITIONS

For a better understanding of this document, the following definitions apply in this Privacy Policy:

• Data Processing Agents: The manager and the operator.
• Anonymous Treatment: The use of reasonable and available technical means at the time of processing, through which data loses the possibility of direct or indirect association with an individual.
• National Authority: The public administration entity responsible for supervising, implementing, and enforcing compliance with this Law throughout the national territory.
• Database: A structured set of personal data, established in one or multiple locations, in electronic or physical form.
• Consent: A free, informed, and unequivocal expression by which the data subject agrees to the processing of their personal data for a specific purpose.
• Manager: A natural or legal person, whether public or private, responsible for making decisions regarding the processing of personal data.
• Anonymous Data: Data relating to a data subject that cannot be identified, considering the use of reasonable and available technical means at the time of processing.
• Personal Data: Information related to an identified or identifiable person.
• Sensitive Personal Data: Personal data concerning racial or ethnic origin, religious belief, political opinion, union membership or membership in a religious, philosophical, or political organization, health or sexual life data, genetic or biometric data, when linked to a person.
• Data Protection Officer: A person appointed by the manager and operator to act as a communication channel between the manager, the data subjects, and the National Data Protection Authority.
• Operator: A natural or legal person, whether public or private, who processes personal data on behalf of the manager.
• Data Subject: The person to whom the personal data being processed refers.
• International Data Transfer: The transfer of personal data to a foreign country or international organization of which the country is a member.
• Processing: Any operation performed on personal data, such as collection, production, receipt, classification, use, access, reproduction, transmission, distribution, processing, filing, storage, removal, assessment or control of information, modification, communication, transfer, dissemination, or extraction.
• Shared Data Use: Communication, dissemination, international transfer, interconnection of personal data or shared processing of personal data by public bodies and entities in compliance with their legal duties, or between public and private entities, reciprocally, with specific authorization, for one or more types of processing permitted by those public entities, or between private entities.

2. LEGAL BASIS FOR PERSONAL DATA PROCESSING

This Privacy Policy has been developed in accordance with Federal Law No. 12.965 of April 23, 2014 (Civil Rights Framework for the Internet) and Federal Law No. 13.709 of August 14, 2018 (General Data Protection Law). The website commits to complying with the standards set forth in the General Data Protection Law and to respecting the principles outlined in Article 6 of this law:

1. Purpose: Processing is conducted for legitimate, specific, explicit, and informed purposes, without the possibility of subsequent processing in a manner incompatible with these purposes.
2. Adequacy: Compatibility of processing with the purposes informed to the data subject, in accordance with the context of processing.
3. Necessity: Limitation of processing to what is necessary for achieving its purposes, including data that is relevant, proportionate, and not excessive in relation to the purposes of data processing.
4. Free Access: Guarantee to data subjects of facilitated and free access to information about the form and duration of processing, as well as to the completeness of their personal data.
5. Data Quality: Guarantee to data subjects of accuracy, clarity, relevance, and updating of data, in accordance with the necessity and purpose of its processing.
6. Transparency: Guarantee to data subjects of clear, precise, and easily accessible information about the processing and the respective data processing agents, observing commercial and industrial secrets.
7. Security: Use of technical and administrative measures capable of protecting personal data from unauthorized access and from accidental or unlawful destruction, loss, alteration, communication, or dissemination.
8. Prevention: Adoption of measures to prevent the occurrence of harm due to the processing of personal data.
9. Non-discrimination: Prohibition of processing for discriminatory, unlawful, or abusive purposes.
10. Accountability and Compliance: Demonstration by the agent of the adoption of effective measures capable of proving adherence to and compliance with personal data protection regulations, including the effectiveness of these measures.

3. MANAGER

The General Data Protection Law defines, in Article 5, item VI, the manager as the natural or legal person, public or private, responsible for decisions regarding the processing of personal data.

For the Brasil Participativo service, the decisions regarding personal data processing are the responsibility of the National Secretariat for Social Participation.

National Secretariat for Social Participation

Name: Romulo de Oliveira Azevedo

Phone Number: +55 (61) 3411-3642

Email: brasilparticipativo@presidencia.gov.br

Address: Palácio do Planalto, Annex I, Wing B, room 206

4. OPERATOR

The General Data Protection Law defines, in Article 5, item VII, the operator as the natural or legal person, public or private, who processes personal data on behalf of the manager.

For the Brasil Participativo service, the entity responsible for processing personal data on behalf of the manager is:

National Secretariat for Social Participation

Name: Romulo de Oliveira Azevedo

Phone Number: +55 (61) 3411-3642

Email: brasilparticipativo@presidencia.gov.br

Address: Palácio do Planalto, Annex I, Wing B, room 206

5. DATA PROTECTION OFFICER

The General Data Protection Law defines, in Article 5, item VIII, the Data Protection Officer as the person appointed by the manager and operator to act as a communication channel between the manager, the data subjects, and the National Data Protection Authority.

For the Brasil Participativo service, the individuals responsible for acting as a communication channel between the manager, the data subjects, and the National Data Protection Authority are:

National Secretariat for Social Participation

Marcilene Aparecida Ferreira

Email: snps@presidencia.gov.br

Phone Number: +55 (61) 3411-3344

Address: Palácio do Planalto, Annex I, Wing B, room 206

Users may contact us at brasilparticipativo@presidencia.gov.br and dpo@dataprev.gov.br for any questions regarding this Privacy Policy or to obtain more information about the data processing conducted under the General Data Protection Law.

6. RIGHTS OF DATA SUBJECTS

Data subjects have the following rights, as granted by the General Data Protection Law:

• Right to confirmation and access (Art. 18, items I and II): This is the right of the data subject to obtain from the service confirmation of whether their personal data is being processed, and if so, the right to access their personal data.
• Right to rectification (Art. 18, item III): This is the right to request the correction of incomplete, inaccurate, or outdated data.
• Right to restrict data processing (Art. 18, item IV): This is the right of the data subject to limit the processing of their personal data, including the right to request the removal of unnecessary, excessive, or unlawfully processed data.
• Right to object (Art. 18, § 2): This is the right of the data subject to object at any time to data processing based on reasons related to their specific situation, based on any of the exemptions to consent or in cases of non-compliance with the General Data Protection Law.
• Right to data portability (Art. 18, item V): This is the right of the data subject to request the transfer of their data to another service or product provider, upon express request, in accordance with regulations set by the national authority, while respecting commercial and industrial secrets.
• Right not to be subject to automatic decisions (Art. 20): The data subject has the right to request a review of decisions made entirely based on automatic processing of personal data that affect their interests, including decisions aimed at defining their personal, professional, consumption, and credit profile or aspects of their personality.

7. DATA PROCESSED BY THE PLATFORM

The use of certain functionalities of the Service by the data subject will require the processing of the following personal data:

Agency User: Brazilian individual registration (in Portuguese, CPF); full name; mobile phone; email; agency; assignment; position; SIAPE number.

User:

1. Gov.br: full name, Brazilian individual registration (in Portuguese, CPF), and email.
2. International Login: name; nickname; email; date of birth; gender; country; postal code; phone number; location; document number; selfie photography with document and photography of the document.

8. DATA COLLECTING

The methods by which your personal data is collected are outlined below:

Agency User: Brazilian individual registration (in Portuguese, CPF); full name; mobile phone; email; agency; assignment; position; SIAPE will be provided via official communication.

User:

1. Gov.br: Data will be provided by the user at the time of login through Gov.br.
2. International Login: Data will be provided when completing the specific login form.

9. DATA PROCESSING AND PURPOSE

The processing of personal data will serve the purposes of generating reports and statistics, ensuring the identification and authenticity of users and agency users, communication and management of the platform, and supporting federal government public policies.

Agency User: Brazilian individual registration (in Portuguese, CPF); full name; mobile phone; email; agency; assignment; position; SIAPE.

User:

1. Gov.br: full name, Brazilian individual registration (in Portuguese, CPF), and email.
2. International Login:
• Name: identification of the user;
• Nickname: how the user prefers to be addressed;
• Email: contact method for the user;
• Date of Birth: user identification;
• Gender: user identification;
• Country: identification of the user's country;
• Postal Code: identification of the user's location;
• Phone Number: contact method for the user;
• Location: user identification;
• Document Number: user identification;
• Selfie Photography with Document: identification and verification of the user;
• Photo of the document: identification and proof of the user.

10. DATA SHARING

Data, in an aggregated form and without personal identification of contributors, may be shared with Federal Public Administration agencies to support the development of public policies within these departments.

User personal data may be shared in an aggregated manner in which users are not identified with Federal Public Administration agencies.

The sharing of data, in an aggregated form and without personal identification of contributors, will serve specific purposes related to the execution of public policies and legal duties by the agencies and public entities, in accordance with personal data protection principles, including in cases of cybersecurity incident investigations. Additionally, data may also be provided, in an aggregated and non-identifiable manner, to researchers and others interested in analyzing the data from participatory processes conducted on the platform.

11. INTERNATIONAL DATA TRANSFER

Brasil Participativo will not carry out international data transfers.

12. DATA SECURITY

Brasil Participativo is committed to implementing technical and organizational measures to protect personal data from unauthorized access and situations involving destruction, loss, alteration, communication, or dissemination of such data.

To ensure security, solutions will be adopted considering: appropriate techniques; application costs; the nature, scope, context, and purposes of the processing; and the risks to the rights and freedoms of the user.

Brasil Participativo uses encryption to ensure that data is transmitted securely and confidentially, ensuring that data transmission between the server and the user, and inversely, is fully encrypted.

However, Brasil Participativo disclaims responsibility for exclusive fault of third parties, such as in the case of hacker or cracker attacks, or exclusive fault of the user, such as when the user themselves transfers their data to a third party. Brasil Participativo also commits to notifying the user in a timely manner if any security breach occurs that may pose a high risk to their personal rights and freedoms.

A personal data breach is a security breach that causes, accidentally or unlawfully, the destruction, loss, alteration, disclosure, or unauthorized access to personal data transmitted, stored, or otherwise processed.

Finally, Brasil Participativo is committed to handling the user's personal data with confidentiality, within legal limits.

13. COOKIES

Cookies are small text files sent by the website to the user's computer, where they are stored with information related to the site's navigation.

Through cookies, small amounts of information are stored by the user's browser so that the service server can read them later. For example, cookies may store data about the device used by the user, as well as their location and the time they accessed the site.

It is important to note that not all cookies contain personal data about the user, as certain types of cookies may be used exclusively to ensure the service functions correctly.

The information stored in cookies is also considered personal data. All rules outlined in this Privacy Policy also apply to these cookies.

14. DATA PROCESSING FOR OTHER PURPOSES

Information about users may be used for subsequent purposes, including, but not limited to, continuous improvement of services and enhancement of the user experience within Brasil Participativo.

If the data subject chooses to delete their data, it will be turned anonymous. Anonymous data may be used in the future to generate statistics and to improve the procedures of Brasil Participativo. It may also be used for research purposes by specialized agencies. Additionally, it may be used in aggregated form for the dissemination of information through media and in scientific and educational publications.

15. CHANGES INTO THE PRIVACY POLICY

The editor reserves the right to modify these rules at any time, particularly to adapt them to the developments of the Brasil Participativo service, whether by introducing new features or by removing or modifying existing ones.

This Privacy Policy may be updated due to regulatory changes, which is why users are encouraged to periodically review this section.