Política de Privacidad

OUR COMMITMENT TO PRIVACY

Tensec Payments, Inc. (“Tensec”, “we”, “us”, or “our”) knows that you care about how your personal information is used and shared, and we take your privacy seriously. We are committed to processing your personal information in a lawful, fair, and transparent manner. Our goal is to provide you with exceptional Tensec Services through the Tensec Platform, and we understand that you may have questions or concerns regarding your personal information and how it will be used. We have made this privacy policy (“Privacy Policy”) easy to find on the homepage of our Website, located at https://www.tensec.io/ or https://tensec.com.br/. You may also email us at privacy@tensec.io with any privacy-related questions you have.

Unless the context requires otherwise, all capitalized terms used, but not otherwise defined herein, shall have the meanings set forth in the Tensec Terms of Service, located on our Website at https://www.tensec.io/ (United States) or https://tensec.com.br/ (Brazil).

APPLICABILITY OF PRIVACY POLICY

This Privacy Policy applies to all information we collect when you use the Tensec Platform; open a Tensec Account with us; contact us; access the Tensec Platform; or use the Tensec Services When you are no longer a User, we may continue to share your information as described in this policy.

Throughout this policy, we use the term “personal information” to describe information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular person or household.  We define the following categories of personal information:

• Identifiers: name, alias, address, online identifier, Internet Protocol address, email address, account name, Social Security number, Driver’s license number, passport number.
• Customer records: name, signature, Social Security number, physical characteristics or description, address, telephone number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, financial and transactional information such as your money transfers, payments, deposits and the source/destination of funds for each, name and contact information relating to whom you send or from whom you request or receive money or with whom you otherwise choose to transact when using the Services, any other financial information (e.g., medical information, health insurance information).
• Characteristics of protected classifications under state or federal law: age (over 40), AIDS/HIV-positive status, ancestry, citizenship status, disability, gender identity or expression, genetic information or conditions, marital status, medical condition, military or veteran status, national origin, political affiliations or activities, pregnancy, race, religion, sex (including pregnancy, childbirth, and related medical conditions), sexual orientation.
• Commercial information: records of personal property, products or services purchased, obtained, or considered or other purchasing or consuming histories or tendencies.
• Biometric information: imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which an identifier template, such as a faceprint, a minutiae template, or a voiceprint, can be extracted, and keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data that contain identifying information.
• Internet or other network activity information: browsing history, search history, information regarding a consumer’s interaction with an internet website application, or advertisement, or other similar information.
• Geolocation data: any data that is derived from a device and that is used or intended to be used to locate a consumer within a geographic area
• Audio, electronic, visual, thermal, olfactory, or similar information (collectively referred to as “Sensory information”), as described in the category name.
• Professional or employment-related information, as described in the category name.
• Education information: information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g; 34 C.F.R. Part 99).
• Sensitive personal information: Social Security number, driver’s license number, state identification card number, passport number, account login, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account, precise geolocation (meaning any geolocation data that can be used to locate a consumer within a radius of 1,850 feet), racial or ethnic origin, religious or philosophical beliefs, union membership, contents of a consumer’s mail, email, and text messages unless the business collecting or using the data is the intended recipient of the communication, genetic data, biometric information for the purpose of uniquely identifying a consumer, personal information collected and analyzed concerning a consumer’s health, personal information collected and analyzed concerning a consumer’s sex life or sexual orientation, when collected or used for the purposes of inferring characteristics about a consumer.
• Inferences drawn from any of the information in any other category to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Personal information does not include deidentified or aggregate personal information or information that is lawfully made available from federal, state, or local government records.

Personal information is not considered to have been disclosed when you instruct a business to transfer your personal information from one business to another in the context of switching services.

By using the Tensec Services, you agree to the practices described in this Privacy Policy as well as the privacy policies of the financial institutions we partner with to provide the Tensec Services, available at https://www.stearnsbank.com/security, https://www.brazabank.com.br/politica-de-privacidade/ and Avisos Legales – PMI. If you do not agree with either our Privacy Policy or the privacy policy of the third parties referenced above, please do not access the Tensec Platform or otherwise use the Tensec Services.

1. PERSONAL DATA WE COLLECT

Personal Data You Provide: We collect personal information when you create a Tensec Account or link your bank account to the Tensec Service. The personal information collected during these interactions may include, but is not limited to, name, physical address, email address, phone number, bank account, biometric data, your photograph, the photograph of your passport or driver’s license or national identity document, any personal information that you provide relative to any equity ownership or business transaction needed from time to time for you to use the Tensec Services. We may need to collect additional personal information, such as your street address and zip code to fulfill our obligations related to providing the Tensec Services to you. In addition, we may collect your location information.  You are responsible for the accuracy of the personal information you provide to us and you will be responsible for the consequences of providing false or inaccurate information.

Personal Data We Collect Through Our Social Media Pages: We have pages on social media sites like LinkedIn (“Social Media Pages”). When you interact with our Social Media Pages, we will collect personal information that you elect to provide to us, such as your contact details. In addition, the companies that host our Social Media Pages may provide us with aggregate information and analytics regarding the use of our Social Media Pages.  See the “Analytics” section below to learn more about analytics.

Personal Data We Receive Automatically from Your Use of the Service: When you visit, use and interact with the Tensec Service, we may receive certain information about your visit, use or interactions. For example, we may monitor the number of people that visit the Tensec Service, peak hours of visits, which page(s) are visited, the domains our visitors come from (e.g., google.com, yahoo.com, etc.), and which browsers people use to access the Tensec Services (e.g., Firefox, Microsoft Internet Explorer, etc.), broad geographical information, and navigation pattern. In particular, the following information is created and automatically logged in our systems:

• Log data: Information that your browser automatically sends whenever you visit the Tensec Platform (“Log Data”). Log Data includes your Internet Protocol address, browser type and settings, the date and time of your request, and how you interacted with the Service; and
• Cookies: Please see the “Cookies” section below to learn more about how we use cookies; and
• Pixel Tags/Web Beacons: A pixel tag (also known as a web beacon) is a piece of code embedded in the Tensec Services that collects information about engagement on the Tensec Service.  The use of a pixel tag allows us to record, for example, that a User has visited a particular web page or clicked on a particular advertisement.  We may also include web beacons in emails to understand whether messages have been opened, acted on, or forwarded; and
• Device information: Includes name of the device, operating system, and browser you are using. Information collected may depend on the type of device you use and its settings; and
• Usage Information: We collect information about how you use the Tensec Service, such as the types of content that you view or engage with, the features you use, the actions you take, and the time, frequency and duration of your activities (collectively, “Technologies”).

Cookies: We use cookies to operate and administer our Website, gather usage data on our Website and improve your experience on it. A “cookie” is a piece of information sent to your browser by a website you visit. Cookies can be stored on your computer for different periods of time. Some cookies expire after a certain amount of time, or upon logging out (session cookies), others survive after your browser is closed until a defined expiration date set in the cookie (as determined by the third party placing it), and help recognize your computer when you open your browser and browse the Internet again (persistent cookies). For more details on cookies please visit All About Cookies.

Our uses of the Technologies fall into the following general categories:

• Operationally Necessary. These Technologies allow you to access and use the Tensec Platform and the Tensec Services and are required so that we may identify irregular Website behavior, prevent fraudulent activity, and improve security.
• Performance Related. We may use Technologies to assess the performance of the Tensec Services, including as part of our analytic practice to help us understand how Users interact with the Tensec Services (please see the “Analytics” section below to learn more about how we use analytics).
• Functionality Related. We may use Technologies to allow us to offer Users enhanced functionality when accessing the Tensec Services.  This may include identifying you when you sign into your Tensec Account or keeping track of your specified preferences, interests, or past items viewed.
• Advertising or Target Related.  We may use first-party or third-party Technologies to deliver content, including ads and direct mail relevant to a User’s interests, the Tensec Service, or other third-party digital properties.

Analytics: We may use Technologies and other third-party tools to process analytics information about the Tensec Services. These Technologies allow us to better understand how the Tensec Services are used to continually improve and personalize the Tensec Services. Below, we list some of the analytics service providers we use, including links where you can find more information about the analytics services and where you can opt out of the analytic service’s collection (when applicable).

Google Analytics: We use Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to help us analyze how Users use the Website and enhance your experience when you use the Website. For more information on how Google uses this data:, go to www.google.com/policies/privacy/partners/. To opt-out of Google using this data: https://tools.google.com/dlpage/gaoptout.

Information We Get From Third Parties: We may collect personal information about you from other users, our affiliates, and third parties or vendors such as IDwall, ComplyAdvantage and Sardine AI as permitted by law. For example, we may collect information from third-party verification services, credit bureaus, financial institutions, mailing list providers, and publicly available sources to verify your identity. We may also collect information about you from third parties in connection with any identity or Tensec Account verification process, fraud detection process, or collection procedure, or as may otherwise be required by applicable law.

Any payments made via the Tensec Platform in connection with your use of the Services are processed by the third party financial institutions.  We do not directly collect or store any payment information entered through the Tensec Platform, but we may receive information associated with your payment account (e.g., your billing details).

Your Choices: On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive a notification when you are receiving a new cookie and how to turn cookies off. Please see the links below for guidance on how to modify your web browser’s settings on the most popular browsers:

• Internet Explorer
• Mozilla Firefox
• Google Chrome
• Apple Safari

Please note that if you limit the ability of websites to set cookies, you may be unable to access certain parts of the Website and you may not be able to benefit from the full functionality of the Website.

Advertising networks may collect personal information through the use of cookies. Most advertising networks offer you a way to opt out of targeted advertising. If you would like to find out more information, please visit the Network Advertising Initiative’s online resources at http://www.networkadvertising.org and follow the opt-out instructions there.

If you access the Website on your mobile device, you may not be able to control tracking technologies through the settings.

2. HOW WE USE PERSONAL DATA

We may use personal information for the following purposes:

• To help you access and use the Tensec Services and manage your Tensec Account;
• To communicate with you and respond to your inquiries, comments, feedback or questions;
• To send administrative information to you, for example, information regarding the Tensec Service, and changes to our Terms of Service, other terms and conditions, and policies;
• To analyze how you interact with the Tensec Service;
• To process your financial information and other payment methods in order for: (a) Payors to pay you; and (b) you to pay third parties and any applicable Tensec Fee(s) or other fees;
• To maintain and improve the content and functionality of the Tensec Services (please see the “Cookies” section above to learn how we use cookies);
• To develop new products and services;
• To improve our products, services, and customer experience;
• For marketing and promotional activities with your consent as provided below;
• To prevent fraud, criminal activity, or misuses of the Tensec Service, and to ensure the security of our IT systems, architecture and networks;
• To comply with legal obligations, regulatory requirements, and legal process; and
• To protect our rights, privacy, safety or property, data security, and/or that of our affiliates, you, or other third parties.

Aggregated Information. We may aggregate personal information and use the aggregated information to analyze the effectiveness of the Tensec Service, to improve and add features to the Tensec Service, and for other similar purposes. In addition, from time to time, we may analyze the general behavior and characteristics of Users of the Tensec Services and share aggregated information like general User statistics with prospective business partners. We may collect aggregated information through features of the software that supports the Tensec Service, through cookies, and through other means described in this Privacy Policy.

Marketing. We may contact you to tell you about Tensec Services we believe will be of interest to you. For instance, if you elect to provide your email or telephone number, we may use that information to send you special offers. You may opt out of receiving emails by following the instructions contained in each promotional email or text message we send you. You can also control the marketing emails and/or text messages you receive by updating your settings through your Tensec Account. In addition, if at any time you do not wish to receive future marketing communications, please contact us at privacy@tensec.io. If you unsubscribe from our marketing lists, you will no longer receive marketing communications but we will continue to contact you regarding our Website and the Tensec Services and to respond to your requests.

3. SHARING AND DISCLOSURE OF PERSONAL DATA

In addition to sharing your personal information with our Partners, in certain circumstances we may share your personal information with third-parties without further notice to you, unless required by the law, as set forth below:

• Vendors and Service Providers: To assist us in meeting business operations needs and to perform certain Tensec Services and functions, we may share personal information with vendors and service providers, including providers of hosting services, cloud services and other information technology services providers, email communication software and email newsletter services, advertising and marketing services, financial service providers (including Payment Processors, banks, and API services) customer relationship management and customer support services, and web analytics services (for more details on the third parties that place cookies through the Website, please see the “Cookies” section above). Pursuant to our instructions, these parties will access, process or store personal information in the course of performing their duties to us. We take commercially reasonable steps to ensure our Vendors and Service Providers adhere to the security standards we apply to your personal information.
• International Data Transfer: Your personal data collected through the Tensec Services may be transferred for the purposes described above to Partners, Vendors or Service Providers located in other countries. These countries may not have the same data protection regulations as in your state or country. In this regard, we inform you that we have implemented safeguards that guarantee an adequate level of protection of personal data when they are transferred to other jurisdictions. These safeguards include contractual clauses or commitments aimed at imposing compliance with the applicable and its complementary regulations. When using the Tensec Services of the Tensec Platform you are aware of the international transfer of your personal data as indicated in this section.
• Business Transfers: If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of all or a portion of our assets, or transition of the Tensec Services to another provider, your personal information and other information may be shared in the diligence process with counterparties and others assisting with the transaction and transferred to a successor or affiliate as part of that transaction along with other assets.
• Legal Requirements: If required to do so by law or in the good faith belief that such action is necessary to (a) comply with a legal obligation, including to meet national security or law enforcement requirements, (b) protect and defend our rights or property, (c) prevent fraud, (d) act in urgent circumstances to protect the personal safety of Users of the Tensec Service, or the public, or (e) protect against legal liability.
• Affiliates: We may share personal information with our affiliates, meaning an entity that controls, is controlled by, or is under common control with Tensec. Our affiliates may use the personal information we share in a manner consistent with this Privacy Policy.

4. DATA RETENTION

We keep personal information for as long as reasonably necessary and proportionate to: (a) achieve the purposes for which the personal information was collected or processed, (b) provide Users the Tensec Service, (c) resolve disputes, (d) establish legal defenses, (e) conduct audits, (f) pursue legitimate business purposes, (g) enforce our agreements, and (h) comply with applicable laws.

5. UPDATE YOUR INFORMATION

Please log in to your Tensec Account if you need to change or correct your personal information. Additionally, you can email us at privacy@tensec.io to request that we correct any inaccurate personal information about you.

6. CHILDREN

The Tensec Services are not directed to children who are under the age of 18. Tensec does not knowingly collect personal information from children under the age of 18. If you have reason to believe that a child under the age of 18 has provided personal information to Tensec through the Tensec Service, please contact us at privacy@tensec.io and we will endeavor to delete that information from our databases.

7. LINKS TO OTHER WEBSITES AND SOFTWARE DEVELOPMENT KITS

The Tensec Services may contain links to other websites not operated or controlled by Tensec, including social media services (“Third-Party Sites”). The information that you share with Third-Party Sites will be governed by the specific privacy policies and terms of service of the Third-Party Sites and not by this Privacy Policy. By providing these links we do not imply that we endorse or have reviewed these sites. Please contact the Third-Party Sites directly for information on their privacy practices and policies.

We may use third party applications programming interfaces (“APIs”) and software development kits (“SDKs”) as part of the functionality of the Tensec Service.  APIs and SDKs may allow third parties including advertising partners to collect your personal information to provide content that is more relevant to you.  For more information about our use of APIs and SDKs, please contact us via email at privacy@tensec.io.

8. SECURITY

You use the Tensec Services at your own risk. We implement reasonable technical, administrative, and organizational measures to protect personal information both online and offline from loss, misuse, and unauthorized access, disclosure, alteration or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from us may not be secure. Therefore, you should take special care in deciding what information you send to us via the Tensec Services or e-mail. Please keep this in mind when disclosing any personal information to Tensec via the Internet. In addition, we are not responsible for circumvention of any privacy settings or security measures contained on the Tensec Service, or Partner or third-party websites.

By using the Tensec Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Tensec Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Tensec Services, by mail or by sending an email to you.

9. YOUR CHOICES

In certain circumstances providing personal information is optional. However, if you choose not to provide personal information that is needed to use some features of the Tensec Services, you may be unable to use those features.

10.  CHANGES TO THE PRIVACY POLICY

The Tensec Services, and our business may change from time to time. As a result, we may change this Privacy Policy at any time. When we do, we will post an updated version on the Privacy Policy page on our Website, unless another type of notice is required by the applicable law. By continuing to use the Tensec Services or providing us with personal information after we have posted an updated Privacy Policy, or notified you if applicable, you consent to the revised Privacy Policy and practices described in it.

11.  DO NOT TRACK SIGNALS

We, our service providers, vendors, and partners may use cookies or other tracking technologies to collect information about your browsing activities over time and across different websites following your use of the Website. Our Website currently does not respond to DNT signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If we do so in the future, we will describe how we do so in this Privacy Policy.

12.  CALIFORNIA-SPECIFIC PRIVACY PROTECTIONS

We currently do not meet the threshold requirements obligating our compliance with the California Consumer Privacy Act of 2018, as revised by the California Privacy Rights Act of 2020, and the associated regulations (“CCPA/CPRA”) and other California Laws.  If we do so in the future, we will describe the privacy rights to which you would be entitled as a consumer under the CCPA/CPRA in this Privacy Policy.

13. BRAZIL-SPECIFIC PRIVACY PROTECTIONS

Brazil’s General Personal Data Protection Act (Law No. 13.709 of August 13, 2018, as amended by Law No. 13.853 of July 8, 2019) (“LGPD”) applies to personal information that is collected or processed in Brazil or if it will be used to offer goods or services in Brazil. This section of the Privacy Policy applies to any such Users in Brazil and supersedes any conflicting information contained herein.

We are committed to protecting the privacy and security of personal information in accordance with LGPD. We may process your personal information for the legal purposes provided in Section 2 “How We Use Personal Information”. We collect personal information that is adequate, relevant, and limited to what is necessary for the intended purposes or otherwise with your consent. We store personal information for as long as reasonably necessary to achieve the purposes for which it was collected and in compliance with applicable laws. We make reasonable efforts to ensure the accuracy of personal information and update it when necessary.

Your Brazil-Specific Privacy Rights: You have the following rights with respect to your personal information, subject to applicable legal limitations. You may:

• Access and obtain a copy of personal information;
• Correct or rectify any incomplete, inaccurate, or outdated personal information;
• Erase or delete personal information, subject to legal limitations;
• Obtain the anonymization, blocking or elimination of your unnecessary or excessive personal information, or of information that is not being processed in compliance with LGPD;
• Restrict or object to processing personal information and understand the consequences;
• Withdraw consent to the processing of personal information where consent is the legal basis for processing;
• Obtain upon your request the portability of personal information (excluding anonymized information) to another service provider so long as our legal rights are protected;
• Obtain information about the third parties with whom we share your personal information;
• Revoke your consent at any time; and
• Lodge a complaint related to your personal information with the National Data Protection Authority or applicable consumer protection bodies.

Requests Concerning Your Privacy Rights: You may submit your specific request to exercise your rights under LGPD to Tensec Data Protection Officer, na Alameda Santos, no 200, Terreo, Bairro Cerqueira Cesar, CEP: 01418-000, São Paulo, Estado de São Paulo, Brasil, or via mail at privacy@tensec.io. We strive to promptly and accurately respond to your requests. If we are unable to immediately respond, we will provide the factual or legal reasons that prevent us from responding immediately. If we are not responsible for processing your personal information, we will direct you to the appropriate entity, if we are able to do so.

International and Third Party Data Transfers: We may share personal information with trusted third parties and internationally for the purposes described in this Privacy Policy.  International transfers of personal information will comply with LGPD and other applicable data protection laws with adequate safeguards in place.

Data Protection Officer.  Tensec has appointed René Abe as its Data Protection Officer, who is responsible for overseeing personal information and data protection laws and responding to your inquiries.

14. MEXICO-SPECIFIC PRIVACY PROTECTIONS

The Federal Law on Protection of Personal Data Held by Private Parties (Ley Federal de Protección de Datos Personales en Posesión de los Particulares or LFPDPPP) applies to private entities operating in Mexico that collect, use, process, store, or transfer personal data. Tensec is committed to complying with LFPDPPP as provided in this Privacy Policy.

15. CONTACT US

If you have any questions or concerns about our Privacy Policy or information practices, please feel free to contact us via regular mail at Tensec Payments, Inc., Attn: Chief Compliance Officer, 3790 El Camino Real #1234, Palo Alto, CA 94306, or via email at privacy@tensec.io.