Clubbo terms of use for merchants

1. Who we are

Clubbo is a loyalty program platform offered by Carbono Tecnologia & Instituição de Pagamento Ltda, CNPJ 30.037.007/0001-49, headquartered at Rua José Vedovatto, 2010, Sala 01, Jardim Bom Retiro, Sumaré/SP, CEP 13181-680 ("Clubbo", "we").

These terms apply to the company or person that hires Clubbo to run their store’s loyalty program ("Merchant", "you"). By creating an account or using the dashboard, you accept these terms and the Privacy policy.

2. The service

Clubbo offers:

• a dashboard to register customers, record purchases and manage balances, stamps, tiers, gift cards and redemptions;
• a customer area with the store’s brand (the "club");
• WhatsApp messages to customers: account notifications (which the customer can turn off) and promotions only for those who opted in;
• email campaigns, only for those who opted in to email, when the plan includes them;
• verification of receipts sent by customers (through the NFC-e QR code or by photo);
• a post-purchase satisfaction survey, when you turn it on;
• customer tags and groups, a campaign calendar and a merchant app with notifications;
• customer sign-up through the store’s website (widget), link and QR code, recording where the customer came from;
• digital wallet (Apple Wallet and Google Wallet), when the plan includes it.

The available features depend on the plan you choose (see the plans). We may change, add or remove features, giving reasonable notice when a change reduces what you already use.

Clubbo is a loyalty program tool: it does not run prize draws, gift vouchers, contests or similar operations. Awarding prizes through draws or contests requires prior authorization from Brazil’s Ministry of Finance (Lei nº 5.768/1971, art. 1º). The Draws feature is only for the Merchant to run a draw they themselves have had authorized, under the conditions of item 7.1. Clubbo also does not grant credit or financing: balances, points and stamps are benefits of the store’s program, not money.

3. Sign-up, free trial and subscription

When signing up on the website, you provide your details and the store’s (including the CNPJ) and create a password. Each CNPJ and each email can open only one account. We keep a record of the version of these terms and of the privacy policy you accepted, with the date and IP address of acceptance. These terms are always available on this page, and you can save or print them at any time.

A new account starts with a 7-day free trial on the Plus plan, with no credit card. Nothing is charged automatically at the end of the trial: to continue, you choose and pay for a plan in the dashboard. If you don’t, the dashboard will notify you and, after the period stated in those notices, access is suspended. The amounts for each plan are shown on the plans page and in the dashboard before you pay.

The subscription renews every period (month or year) until you cancel. The dashboard shows the next billing date. To cancel the renewal, contact support at suporte@clubbo.com.br or through the support WhatsApp; we confirm the request through the same channel and respond within 5 days (Decreto nº 7.962/2013, art. 4º, V and VI). After cancellation, access continues until the end of the period already paid.

If Brazil’s Consumer Protection Code applies to your subscription, you may withdraw within 7 days of the first payment and receive a refund of the amount paid (CDC, art. 49; Decreto nº 7.962/2013, art. 5º). The request can be made through the same channels above.

4. Account, team and security

You are responsible for who has access to the dashboard, for the access levels you grant your team and for keeping passwords confidential. Let us know immediately if you suspect unauthorized access.

5. Payment, late payment and suspension

The subscription is billed according to the plan, monthly or yearly. There is no setup fee. In case of late payment, access to the dashboard may be suspended after the notices shown in the dashboard. With the account suspended or canceled, the store’s club also goes offline for your customers. Data and balances are not deleted by a suspension; see section 10 for what happens on cancellation.

The loyalty program is yours, before your customers. Balances, points, stamps and gift cards that you offered or sold remain the store’s commitment to the customer (CDC, arts. 30 and 35), even if you suspend, cancel or switch platforms. Before ending the program, notify customers in advance, give them time to use their balance and honor the gift cards sold.

6. Processing of personal data

6.1 Each party’s role

• Your customers’ data (name, phone, date of birth, email and CPF when provided, purchase history, receipts sent, balance, gift cards, referrals): you are the controller and Clubbo is the processor (LGPD, art. 5º, VI and VII).
• Data about your company, the person in charge and your team: Clubbo is the controller.

6.2 Controller’s instructions (LGPD, art. 39)

Clubbo processes your customers’ data only to run your loyalty program and in accordance with the instructions you give through the dashboard and these terms. We do not use this data for our own purposes, we do not sell it and we do not share it with other merchants. Each store’s data is kept separate: one of your customers does not appear in another merchant’s club, even with the same phone number.

6.3 Your obligations as controller

• have a legal basis for each piece of data you record (LGPD, art. 7º); in particular, when registering a CPF at the counter, tell the customer what it is for;
• inform customers about the program and the privacy policy at the time of sign-up;
• keep the store’s privacy contact up to date in the dashboard, as it is shown to your customers (LGPD, art. 9º, III and IV);
• respond to your customers’ requests (access, correction, deletion, portability, withdrawal of consent; LGPD, art. 18). Customers can already edit, download and delete their data in their own area;
• only mark that a customer has opted in to WhatsApp promotions when they actually did. The record keeps who marked it and when;
• when signing customers up at the counter, tell them they will receive account notifications on WhatsApp and that they can turn them off in the club or by replying SAIR;
• not create tags, groups, comments or campaign texts that reveal a customer’s sensitive data (health, religion, racial or ethnic origin, sex life, political opinion, union membership or membership of a religious, philosophical or political organization; LGPD, arts. 5º, II, and 11). The dashboard rejects the most obvious terms, but you are responsible for what you write;
• follow your industry’s rules on promotions and benefits. Examples: pharmacies may not offer benefits tied to medicines (Anvisa, RDC nº 96/2008, art. 5º) and a photo of a pharmacy receipt may show medicines, which reveal health data; we therefore recommend keeping receipts in the club turned off if you sell medicines; gas stations offering loyalty discounts or cashback must display the actual price, the promotional price and the discount (Decreto nº 10.634/2021, art. 2º); doctors and dentists are subject to their councils’ own rules on prizes and discounts;
• write the program’s rules clearly, covering how benefits are earned, used, expire and end, and notify customers before changing any rule that reduces a benefit (CDC, arts. 30, 31 and 37).

6.4 WhatsApp and email messages

There are two types of message, each with its own rule:

• Account notifications (balance earned, balance about to expire, tier change, stamp earned, gift card about to expire and the satisfaction survey invitation): they are part of the program the customer accepted. They are on by default, the customer is told about this at sign-up and can turn them off at any time in their profile or by replying SAIR.
• Promotions (birthday, campaigns, come-back invitations, card completed, gift card received and email campaigns): only sent to those who opted in, with separate consent for WhatsApp and for email (LGPD, arts. 7º, I, and 8º). The consent request always starts unchecked. Every campaign email has an unsubscribe link.

The access code is always sent when the customer asks to log in. WhatsApp’s (Meta’s) rules also require the customer’s consent to receive messages from businesses; these are third-party rules, which may change and which Clubbo follows.

6.5 Minimum age

Joining the program requires being at least 18 years old. In the club, the date of birth is mandatory and checked. At the counter, the date of birth is still optional (it is only required to receive promotions): you and your team must confirm that the customer is an adult before signing them up. Clubbo must not process data of children or adolescents (LGPD, art. 14). You must not sign up minors at the counter or by any other means, nor direct advertising to children.

6.6 Automated decisions

When automatic receipt approval is on, a receipt sent through the QR code is checked with SEFAZ and may be approved automatically (the CPF on the receipt matches the one registered) or rejected automatically (for example, a different amount, a canceled receipt, one from another store or one that is too old). A receipt sent by photo is never approved or rejected automatically: the artificial intelligence reading only fills in the fields for your team to review. Automatic groups (new, frequent, at risk and others) classify customers by purchase history. As controller, you must review the decision when the customer asks and explain the criteria used (LGPD, art. 20).

6.7 Sub-processors

To provide the service, Clubbo uses the suppliers below, which receive only the data they need:

You authorize this subcontracting. We will give advance notice before adding a new sub-processor that receives your customers’ personal data.

6.8 International transfer

Some of the suppliers above are located outside Brazil, so personal data is transferred abroad. The LGPD only allows such transfers under one of the mechanisms in art. 33. The mechanism chosen by Clubbo is the ANPD standard contractual clauses (art. 33, II, b; Resolução CD/ANPD nº 19/2024), which we are formalizing with each supplier. You authorize this transfer to run your program and may ask for the status of each supplier through the privacy channel.

6.9 Security and incidents

We adopt technical and administrative measures to protect data (encrypted traffic, passwords stored as hashes, encrypted tokens and receipt photos, role-based access control, logging of sensitive actions). If a security incident involving your customers’ data occurs, we will notify you without delay, with the information you need to meet your obligation to notify the ANPD and the data subjects (LGPD, art. 48; Resolução CD/ANPD nº 15/2024).

6.10 Retention

7. Prohibited use

It is prohibited to use Clubbo to send promotions to anyone who has not opted in, to run prize draws or contests without the authorization required by law, for unlawful purposes, to collect more data than the program needs, or to direct advertising to children and adolescents. You are also responsible for following your industry’s rules on promotions and benefits (for example, rules of professional councils, Anvisa and consumer information rules).

7.1 Promotional draws

The Draws feature generates lucky numbers, records the result based on the Loteria Federal and shows the draw information to customers. By using it, you agree that:

• You are the sole promoter. The Merchant requests authorization in the SCPC of the Secretaria de Prêmios e Apostas of the Ministry of Finance, pays the fee, buys and delivers the prizes within 30 days, pays the 20% income tax on them, pays unclaimed prizes over to the Treasury, submits the participant base, determines the result based on the Loteria Federal and renders accounts (Lei nº 5.768/1971, Decreto nº 70.951/1972 and Portaria SEAE/ME nº 7.638/2022). Clubbo is a tool: it does not request authorization on your behalf and is neither an agent nor a participant in the promotion.
• Only with a valid certificate. It is prohibited to activate a draw without a valid authorization certificate. To activate it, you enter the certificate number, upload the PDF and accept a statement of responsibility, recorded with date, IP and user. The statement must be true, and you are liable for and will indemnify Clubbo for any damage caused by a false statement, an irregular draw or an undelivered prize, including before consumers and authorities.
• Suspension. Clubbo may suspend the draw without prior notice if there are signs of irregularity, and inform the competent authority when required.
• No share in the result. Clubbo does not take part in the result of the promotion and does not charge per number, participant or prize; what applies is your subscription plan (Lei nº 5.768/1971, art. 2º).
• Data. Participants’ data follows item 6 (you are the controller and Clubbo the processor) and may not be sold or transferred, not even free of charge (Portaria SEAE/ME nº 7.638/2022, art. 12). Numbers, results and records are kept until the accounts are approved and for 5 more years.

8. Data protection officer and privacy channel

Clubbo’s data protection officer (LGPD, art. 41): Yuri Santos. Privacy channel and contact with the officer: privacidade@clubbo.com.br.

9. Liability

Clubbo is liable for damages it causes by breaching the LGPD or the Merchant’s instructions (LGPD, art. 42). The Merchant is liable for how it uses the data as controller. Clubbo is not liable for the Merchant’s business decisions about the program (percentages, rules, rewards).

10. Cancellation, return and deletion of data (LGPD, art. 16)

• After cancellation, you have a 90-day grace period to export your customers’ data from the dashboard (Customers, Export CSV) or reactivate the account.
• Once the grace period ends, your customers’ personal data is irreversibly anonymized. The statement remains without identification.
• During the grace period, the club is offline for your customers. Commitments to them (balances and gift cards sold) remain the store’s, as stated in section 5.
• Invoices and tax records for your subscription are kept for 5 years, as required by law.
• Data about the person in charge and your team is anonymized after that period.

11. Changes to these terms

We may update these terms. Relevant changes will be announced in the dashboard in advance, and the effective date at the top of this page will change.

12. Jurisdiction and governing law

These terms are governed by Brazilian law. The courts of the Comarca de Sumaré/SP, where Clubbo is headquartered, are chosen as the venue, except where the law guarantees another venue.

Questions about these terms: suporte@clubbo.com.br.