Privacy Policy

PRIVACY POLICY

Version July 2021

1. Purpose

We created our website to inform our clients and other users about legal services we offer, and the expertise of the professionals of our firm. In addition, the platform also provides a means of communication through which we can receive messages about questions, suggestions, and possible contacts from people who wish to join our team.

Considering our commitment to your privacy and the protection of your Personal Data, we created this Privacy Policy, which contains information and guidelines on how our office performs the Processing of Personal Data of all those who access our website and who has relationship with our firm, such as our clients, employees, partners and associates, service providers, suppliers and other business partners. We aim at informing you about the types of Personal Data that are collected, the reasons for collection, the Processing of such data and how the user may update, manage or erase them, in order to demonstrate our commitment with security and privacy of the information entrusted to us.

This Privacy Policy has been prepared in accordance with applicable Data Protection Legislation.

2. Definitions

“Personal Data” means any information relating to an identified or identifiable natural person, including publicly available information. Anonymized information is not covered by the concept of Personal Data.

“Data Protection Legislation” means Federal Law n. 12,965 of April 23, 2014 (Marco Civil da Internet) and Federal Law n. 13,709 of August 14, 2018 (Personal Data Protection Law – LGPD) and its regulations.

“Processing” means any operation performed with Personal Data, such as collection, use, access, reproduction, transmission, storage, erasure or modification.

3. Data: Collection and Processing

We may have access to Personal Data conferred directly (i) by our clients, by reason of the provision of legal services, (ii) through access to certain content on our website, (iii) by our business partners, suppliers and service providers, for the provision of services to our firm and/or our clients, and (iv) by our employees, associates and partners, as well as applicants for positions at the firm.

We will determine the means of Processing Personal Data in compliance with the applicable Data Protection Legislation, respecting the principle of necessity and restricting the collection of data to the minimum and adequate extent possible.

a) Provision of Services to Customers

The Personal Data we collect and use in the provision of the legal services are usually provided voluntarily and directly by our clients, or made available by third parties appointed by them, always in accordance with the ethical principles of the practice of law and the attorney-client privilege that upholds the principle of confidentiality for attorney-client communications. Such data may include, among others:

  • Registration information: Name, ID, CPF, telephone, address or e-mail;
  • Financial information: Branch and bank account; compensation, debt certificates, etc;
  • Information contained in judicial, arbitral or administrative proceedings: Date of birth, nationality, place of birth, age, marital status, address, CNH, electoral title, profession, education, languages, professional registration, membership of unions, PIS/PASEP, CTPS, NIS, NIT, CEI, as well as Personal Data discussed or mentioned in the object of the dispute, such as amounts and other information as discussed in or related to these proceedings;
  • Personal Data of employees, team members, executives, partners of our clients or potential clients, data which are related or mentioned in any communications or documents, private or public, provided by our clients or potential clients (or at their request) for the provision of legal services;
  • Personal Data of any natural person who works for or with our clients, suppliers, business partners and any third parties that have a relationship with our clients or potential clients, which data is related or mentioned in any communication or private or public documents provided for the provision of the legal services;
  • Additional information voluntarily provided.

Such data is processed exclusively for the purpose for which it is intended and for the legitimate purpose of enabling attorney-client service and the performance of legal services, whether advisory or litigious. In addition, we may also handle such data in an administrative manner, for purposes of proposing legal fees, billing and collection associated with the legal services, including the protection of our credit, and also for the purpose of marketing our services.

b) Website Access

The Personal Data we collect through the link “contact” in our website or our e-mail privacidade@andradefoz.com.br is the following: name, e-mail address and other information voluntarily provided in your message to our firm.

The firm may use the Personal Data you provide us for institutional communications, such as marketing, inviting you to events and sending you legal materials produced by our team members. We may also request that you, from time to time, update your registration data so that you are always up to date with our exclusive contents.

Do not worry! The website user may request to unsubscribe from such communications by sending an e-mail to the following address: privacidade@andradefoz.com.br.

During the use of our website, it is possible that you be taken by links to third party websites, and our firm does not hold any responsibility with respect to the privacy policy, the storage tool for the content they collect and the data processing performed by such third parties. We recommend that you consult the privacy policy of such third parties to properly inform yourself about the Processing of your Personal Data.

c) Partners, Suppliers and Service Providers

We collect from our partners, suppliers and service providers, or their representatives and agents, basic identity information such as name, job title, company name, e-mail address and/or mailing address, and landline and/or cell phone number. This information may be provided directly by natural persons or by the legal entity for whichor with which they work.

Personal Data is processed to enable the execution of the supply to and/or service contract with our firm.

d) Team Members and Job Applicants

We may collect from our employees, team members and candidates for positions the following information, among others:

  • Registration information: Name, ID, CPF, CNH, enrollment number in a professional association, PIS, work card, telephone number, address, e-mail, and vehicle license plate number;
  • Financial information: Branch and bank account; compensation, etc.;
  • Educational information, employment history, qualifications, etc.;
  • Health-related information, such as examinations for admission, resignation, medical certificates, vaccination status, proof or declaration of disability, and other related information;
  • Information regarding marital status and family data, including data on spouses, descendants, ascendants, and dependents;
  • Union membership;
  • Additional information voluntarily provided.

Your Personal Data will be processed in order to participate in the respective selection process and, if hired, to formalize your contract with our office, as well as to obtain access permissions to systems, office facilities, and the office building parking lot.

e) Purposes of Personal Data Treatment

Our firm and the subcontractors acting on its behalf process your Personal Data for the specific purposes for which they were collected. In addition, Personal Data may be processed for the following purposes:

  • Compliance with legal obligations;
  • Management of the relationship with our employees, customers, business partners, service providers, and potential and existing suppliers, including for purposes of registration in our systems;
  • Performing integrity checks on suppliers and new members in public databases;
  • Sending messages and information that may be of interest to you;
  • Responding to an official request from a public authority or court, always under the terms of the applicable law;
  • Defense of our firm’s rights in legal, administrative and/or arbitration proceedings;
  • Monitoring activities on our premises, including compliance with applicable regulations and policies, as well as with the privacy and security rules implemented;
  • Management of our IT resources, including infrastructure management.

f) Lawful basis for Processing

The Processing of Personal Data without the consent of the data subject will only be carried out on the grounds of legitimate interest or for the purposes provided for by law, i. e., among others, the following:

  • When necessary for the performance of a contract or preliminary procedures related to a contract to which the data subject is a party;
  • For the fulfillment of a legal or regulatory obligation;
  • For the regular exercise of rights in judicial, administrative or arbitration proceedings, the latter under the terms of Law no. 9.307, of September 23, 1996 (Arbitration Law);
  • When necessary to meet the legitimate interests of the firm or of third parties, except in the case where fundamental rights and freedoms of the data subject prevail and require protection of Personal Data;
  • For the protection of credit, including as to the provisions of the relevant legislation.

The Processing of Personal Data for purposes not provided for in this Privacy Policy shall only occur upon prior notice to the user (and consent, if applicable), and, in any case, the rights and obligations provided for herein shall remain applicable.

4. Use of Cookies

Cookies are files created by websites you visit and that are stored on your computer by means of your browser. Among other purposes, cookies are used by websites primarily to identify and store information about visitors, enabling these websites to target content according to your preferences and tailor it to your specific needs.

There are few classifications for certain types of cookies. Our website uses “necessary cookies”, which are those that are essential for operation of the website, especially to define the language to be chosen by the user for navigation. When you close your browser, these cookies automatically disappear.

In addition, we also use “third party cookies”, through Google Analytics, which is basically configured to obtain mere statistical information about the use of our website, such as the number of visitors and accesses.

Such cookies are not capable of storing personal data that could make users who access our website identified or identifiable.

5. Sharing with Third Parties

We may share your Personal Data with third parties: (i) our employees and team members in the course of their duties, and (ii) subcontracted parties and service providers, to fulfill the purposes described in this Privacy Policy, to the extent that they require such data to comply with our firm’s requests.

Such subcontractors may include (i) IT service providers, cloud and database service providers, (ii) our consultants, service providers and business partners, (iii) benefits companies (health care, life insurance and food ticket providers), security and maintenance companies.

We do not commercialize any Personal Data, and the sharing of such data will only occur under the terms of this Privacy Policy and with third parties that have the appropriate level of protection of Personal Data similar to that of our firm.

6. User Rights

Under the terms of the Personal Data Protection Law, you have the following rights:

  • Confirmation of the Processing of your Personal Data;
  • Access to Personal Data;
  • Correction of incomplete, inaccurate or outdated Personal Data;
  • Anonymization, blocking or erasure of Personal Data which are excessive, unnecessary or treated in breach of law;
  • Portability of Personal Data, in accordance with the regulations in force;
  • Erasure of Personal Data processed with the consent of the data subject, except in the cases provided for by law;
  • Information on public and private entities with which it has shared data;
  • Information about the possibility of not giving consent and the consequences of refusal;
  • Revocation of consent (without such revocation affecting the legality of the processing carried out while consent existed).

These rights may be exercised by you at any time by sending an e-mail to: privacidade@andradefoz.com.br.

7. Security of Personal Data

The firm undertakes to implement technical and organizational measures to protect Personal Data from unauthorized access and from situations of destruction, loss, alteration, communication or disclosure of such data, in compliance with the Data Protection Legislation in force.

To ensure security, the firm shall adopt solutions that take into consideration adequate techniques; costs of implementation; nature, scope, context and purpose of the Processing; and risks to the rights and freedom of the data subject.

However, the firm is exempt from liability for the exclusive fault of third parties, as in case of attack by hackers or crackers, or the exclusive fault of the user, as in the case where he himself transfers his data to a third party. The firm also undertakes to notify the user in a timely manner in the event of any breach of security of his Personal Data that may cause him to be at risk to his personal rights and freedoms.

Finally, the firm undertakes to treat the Personal Data of clients with confidentiality, within the legal limits.

With regard to the storage of Personal Data, we keep such data for the necessary period, and the definition of such period will take into account the specific purpose for which it was collected and/or processed, the deadlines imposed by applicable law and any contractual obligations.

8. Cross-border Transfer of Personal Data

It is possible that we transfer Personal Data to countries other than Brazil (e.g., countries where servers of our information technology systems and cloud systems are located). In such cases, we will take reasonable and available steps to ensure that such transfers are conducted in accordance with applicable law, and that at least the same levels of protection are afforded in such other countries.

9. Update

Aiming always to seek improvement in our procedures, the firm reserves the right to modify, at any time, the present Privacy Policy by publishing an updated version on our website, especially to keep it up to date with technologic improvements, either by making available new functionalities, or by suppressing or modifying existing ones. We suggest that you check the Privacy Policy periodically on our website so that you may be aware of the modifications.

10. Personal Data Subject Assistance

Should you have any questions, comments or suggestions related to this Privacy Policy, or wish to exercise any of your rights provided for in the Data Protection Legislation or in this Privacy Policy, please do not hesitate to contact us via e-mail: privacidade@andradefoz.com.br.

Contact:
Data Officer: Lira R. Padovan, e-mail privacidade@andradefoz.com.br.

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