These Nubank Notifications May Even Annoy, But They Don’t Hurt LGPD | Legislation

If you are a customer of Nubank, you must have already received personalized notifications, some of the “cute” type, made to attract your attention. The practice also happens in other apps, such as Mercado Pago, which offers suggestions through the push system. Given this scenario, there are those who find the approach invasive and even question how the situation is with the General Data Protection Law (LGPD) Slamming the door. O Techblog found the case and the explanation comes in the following lines.

Nubank’s app gets a new look (Image: Disclosure/Nubank)

Nubank sends notifications based on your invoice

Some customers report how Nubank’s approach works. For example: when it identifies that the Netflix subscription is about to be charged to the card, the application sends a notification with the suggestion: “Take the popcorn to marathon on Netflix. Your subscription will go down on your bill in the next few days and you’re all set to marathon your favorite series!”.

Nubank uses invoice data to send relationship notifications (Image: Reproduction)

Nubank uses invoice data to send relationship notifications (Image: Reproduction)

Another type of notification lets you know when you’re spending more than you received, which can be taken as friendly advice — or a tip no one asked for. The point is that you agree to this when you sign the contract.

Nubank notifications are provided for in the contract

When you sign up for Nubank’s services and start using the fintech app, you must accept the company’s Privacy Policy and Terms of Use. Yes, those long documents that hardly anyone reads — they clarify everything the company plans to do with your data.

Nubank advises, in topic 2 of its Privacy Policy, that:

“When ordering, contracting or using Nubank’s products or services, you provide us with, and we collect, certain personal data relating to you. From the moment you interact with Nubank, we collect your personal data. In some cases, you provide Nubank with your personal data directly, but we may also collect your data automatically.”

According to the company, data sent by third parties can be used for various purposes, including “Marketing, prospecting, market research and opinion”.

Nubank also has updated policies to comply with the General Data Protection Act. In an excerpt, the company explains that:

“As of the entry into force of the LGPD, you, as the holder of personal data, can exercise your rights in relation to the controllers of your personal data. We have provided the mechanisms detailed below so that you can clearly and transparently understand how to exercise your rights and our team will be ready to respond to any requests.”

And it lists your rights, that is, the requests you can make to the company:

  • Confirmation of the existence of personal data processing
  • Access to personal data: you can request that Nubank inform and provide the personal data it holds about you
  • Correction of incomplete, inaccurate or outdated personal data
  • Anonymization, blocking or deletion of unnecessary, excessive or non-compliant data with the LGPD
  • Deletion of personal data processed with consent
  • Information from companies that Nubank has shared or from which it has received your personal data
  • Information about the possibility of not providing consent and the consequences of denial
  • Revocation of consent
  • Automated Decisions
  • Portability and right to petition

With more emphasis on items in bold, we have the following:

Anonymization, blocking or deletion of unnecessary, excessive or non-compliant data with the LGPD

If any personal data is treated unnecessarily, in excess for its intended purpose or in non-compliance with the LGPD, you may request that Nubank anonymize, block or delete this data, provided that the excess, the lack is effectively verified. of necessity or non-compliance with the law.

Deletion of personal data processed with consent

If you have given consent to the processing of your personal data for specific purposes (and not necessary for the provision of our services or delivery of our products), you may request the deletion of such personal data, such as personal data obtained from of your geolocation to indicate the place where your purchases were made.

Nubank provides two ways to contact requests: the channel “Help me” in the app, or by email [email protected].

So Nubank doesn’t violate the LGPD?

According to Luiz Augusto D’Urso, a lawyer specializing in Digital Law and President of the National Cybercrime Commission of the Brazilian Association of Criminal Lawyers, the case depends on the agreement made with the bank.

“It all depends on the client’s contract with the Bank. The LGPD is strict about the authorized use of data (consent), that is, if users have expressly authorized this type of data processing, there is no need to speak of an offense to the LGPD. Thus, each consumer must analyze their contract/term of use with the platform, and verify the clauses regarding the collection and processing of personal data. In the absence of express forecasts, they could complain about such a situation, and could even call the ANPD”.

Therefore, if you have agreed to the terms of use of the service and have not requested not to receive this type of message, there is nothing wrong with notifications and the use of data collected for marketing purposes.

Wanted by Techblog, Nubank sent the following position:

“Nubank is always looking for ways to make the customer experience easier and empower them to have greater control over their financial lives. Because of this, and in full compliance with current legislation, in specific situations, we advise customers of recurring payments that are registered on their credit card so that they can schedule the collection. All of our customers’ information and personal data are kept in a secure and controlled environment, and Nubank adopts strict technical and control standards to ensure that the stored information is not accessed or misused.”

How to block Nubank notifications

In addition to requesting the blocking of unnecessary data, users can avoid relationship notifications from Nubank, if they deem them inconvenient. The company began providing more control over app notifications in November 2020, allowing you to turn off reminders and alerts on news.

To adjust, just open the application, tap the profile icon, enter “Notifications” and, finally, access the settings in this section (icon on the upper right side of the screen).

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