1. General information
This Privacy Policy contains information about how we process, in whole or in part, automated or not, the personal data of users who access our website. Its objective is to clarify the interested parties about the types of data that are collected, the reasons for the collection and the way in which the user can update, manage or delete this information.
This Privacy Policy has been prepared in accordance with Federal Law no. 12,965 of April 23, 2014 (Marco Civil da Internet), with Federal Law no. 13,709, of August 14, 2018 (Personal Data Protection Law) and with EU Regulation n. 2016/679 of April 27, 2016 (European General Personal Data Protection Regulation - GDPR).
This Privacy Policy may be updated as a result of any regulatory update, which is why the user is invited to periodically consult this section.
2. User rights
The website undertakes to comply with the rules provided for in the LGPD, in respect of the following principles:
- The user's personal data will be processed in a lawful, fair and transparent manner (lawfulness, loyalty and transparency);
- The user's personal data will only be collected for specific, explicit and legitimate purposes, and cannot be further processed in a way that is incompatible with these purposes (limitation of purposes);
- The user's personal data will be collected in an appropriate, relevant and limited way to the needs of the purpose for which they are processed (data minimization);
- The user's personal data will be accurate and updated whenever necessary, so that inaccurate data are deleted or rectified when possible (accuracy);
- The user's personal data will be kept in a way that allows the identification of the data subjects only for the period necessary for the purposes for which they are processed (limitation of conservation);
- The user's personal data will be treated securely, protected from unauthorized or unlawful treatment and against accidental loss, destruction or damage, adopting appropriate technical or organizational measures (integrity and confidentiality).
The website user has the following rights, conferred by the Personal Data Protection Act and the GDPR:
- Right of confirmation and access: it is the user's right to obtain confirmation from the website that the personal data concerning him or her are being processed or not and, if that is the case, the right to access their personal data;
- Right of rectification: it is the user's right to obtain from the website, without undue delay, the rectification of inaccurate personal data concerning him;
- Right to data erasure (right to be forgotten): it is the user's right to have his/her data erased from the website;
- Right to limit the processing of data: it is the user's right to limit the processing of their personal data, being able to obtain it when they contest the accuracy of the data, when the treatment is unlawful, when the website no longer needs the data for the proposed purposes and when you have objected to the processing of data and in case of processing of unnecessary data;
- Right of opposition: it is the user's right to, at any time, oppose, for reasons related to his/her particular situation, the processing of personal data concerning him/her, and may also oppose the use of his/her personal data for the definition of marketing profile (profiling);
- Right to data portability: it is the user's right to receive the personal data concerning him and which he has provided to the website, in a structured, commonly used and machine-readable format, and the right to transmit this data to another website. ;
- Right not to be subjected to automated decisions: it is the user's right not to be subject to any decision made exclusively on the basis of automated processing, including the definition of profiles (profiling), which produces effects in their legal sphere or that affects them. significantly in a similar way.
The user may exercise their rights by means of a written communication sent to the website with the subject “LGPD”, specifying:
- Full name or corporate name, CPF (Individual Taxpayer Registry, of the Federal Revenue Service of Brazil) or CNPJ (National Legal Entity Register, of the Federal Revenue Service of Brazil) number and the user's e-mail address and, if it is the case, its representative;
- Right you wish to exercise with the website;
- Order date and user signature; and
- Any document that can demonstrate or justify the exercise of your right.
The request must be sent to the email: dpo@pessoaadvogados.com.br, or by mail, to the following address:
Person Lawyers
Rua Ministro Jesuíno Cardoso, 454, cj 41
Sao Paulo-SP
Zip code: 04544-051
The user will be informed in case of rectification or deletion of his data.
3. Duty not to provide third-party data
During the use of the site, in order to protect and protect the rights of third parties, the user of the site must only provide their personal data, and not those of third parties.
4. Information collected
The collection of user data will be in accordance with the provisions of this Privacy Policy and will depend on the user's consent, which is dispensable only in the cases provided for in art. 11, item II, of the Personal Data Protection Law.
4.1. Types of data collected
4.1.1. User identification data for sending email
The use by the user of certain features of the website will depend on filling in information, and in these cases, the following user data will be collected and stored:
- Name
- email address
- phone number
- CPF number
4.1.2. Data provided in the contact form
The data eventually informed by the user who uses the contact form available on the website, including the content of the message sent, will be collected and stored.
4.1.3. Data related to the execution of contracts signed with the user
For the execution of the purchase and sale contract or the provision of services eventually signed between the website and the user, other data related to or necessary for its execution, including the content of any communications with the user, may be collected and stored.
4.1.4. access logs
In compliance with the provisions of art. 15, caput and paragraphs, of Federal Law no. 12.965/2014 (Marco Civil da Internet), user access logs will be collected and stored for at least six months.
4.1.5. newsletter
The e-mail address registered by the user who chooses to subscribe to our Newsletter will be collected and stored until the user requests his/her unsubscribe.
4.1.6. sensitive data
Sensitive data from users will not be collected, meaning those defined in arts. 9 and 10 of the GDPR and in arts. 11 and following of the Personal Data Protection Act (LGPD). Thus, among others, the following data will not be collected:
- data revealing the user's racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership;
- genetic data;
- biometric data to uniquely identify a person;
- data relating to the user's health;
- data relating to the user's sex life or sexual orientation; and
- data relating to criminal convictions or offenses or related security measures.
4.1.7. Collection of data not expressly provided for
Eventually, other types of data not expressly provided for in this Privacy Policy may be collected, provided that they are provided with the user's consent, or even that the collection is permitted or imposed by law.
4.2. Legal basis for the processing of personal data
By using the services of the website, the user is consenting to this Privacy Policy.
The user has the right to withdraw his consent at any time, not compromising the lawfulness of the processing of his personal data before the withdrawal. Withdrawal of consent can be done by e-mail: dpo@pessoaadvogados.com.br, or by mail sent to the following address:
Person Lawyers
Rua Ministro Jesuíno Cardoso, 454, cj 41
Sao Paulo-SP
Zip code: 04544-051
The consent of the relatively or absolutely incapable, especially children under 18 (eighteen) years of age, can only be made, respectively, if duly assisted or represented.
Personal data necessary for the execution and fulfillment of the services contracted by the user on the website may also be collected.
The processing of personal data without the user's consent will only be carried out due to legitimate interest or for the cases provided for by law, that is, among others, the following:
- for compliance with a legal or regulatory obligation by the controller;
- to carry out studies by a research body, guaranteeing, whenever possible, the anonymization of personal data;
- when necessary for the performance of a contract or preliminary procedures related to a contract to which the user is a party, at the request of the data subject;
- for the regular exercise of rights in judicial, administrative or arbitration proceedings, the latter pursuant to Law No. 9,307, of September 23, 1996 (Arbitration Law);
- for the protection of the life or physical safety of the data subject or a third party;
- for the protection of health, in a procedure carried out by health professionals or health entities;
- when necessary to meet the legitimate interests of the controller or of a third party, except in the case of fundamental rights and freedoms of the data subject that require the protection of personal data prevail;
- for credit protection, including the provisions of the relevant legislation.
4.3. Purposes of processing personal data
The user's personal data collected by the website is intended to facilitate, expedite and fulfill the commitments established with the user and to enforce requests made by filling out forms.
Personal data may also be used for commercial purposes, to personalize the content offered to the user, as well as to support the website to improve the quality and operation of its services.
The collection of data related to or necessary for the execution of a purchase and sale or service agreement eventually signed with the user will have the purpose of giving the parties legal certainty, in addition to facilitating and enabling the conclusion of the business.
The processing of personal data for purposes not provided for in this Privacy Policy will only occur upon prior communication to the user, and, in any case, the rights and obligations set forth herein will remain applicable.
4.4. Period of retention of personal data
The user's personal data will be kept for a maximum period of: 5 years, unless the user requests its deletion before the end of this period.
The personal data of users can only be kept after the end of their treatment in the following cases:
- for compliance with a legal or regulatory obligation by the controller;
- for study by a research body, guaranteeing, whenever possible, the anonymization of personal data;
- for the transfer to a third party, provided that the data processing requirements laid down in the legislation are complied with;
- for the exclusive use of the controller, its access by a third party is prohibited, and provided that the data is anonymized.
4.5. Recipients and transfer of personal data
User personal data may be shared with the following people or companies:
Google Analytics, with address at Av. Brigadeiro Faria Lima, 3477, Itaim Bibi, Sao Paulo/SP
The transfer can only be made to another country if the country or territory in question or the international organization in question ensures an adequate level of protection of the user's data.
If there is no adequate level of protection, the website undertakes to guarantee the protection of your data in accordance with the strictest rules, through specific contractual clauses for a given transfer, standard contractual clauses, global corporate norms or seals, certificates and regularly issued codes of conduct.
5. Processing of personal data
5.1. The person responsible for processing the data (data controller)
The controller, responsible for the processing of the user's personal data, is the natural or legal person, public authority, agency or other body that, individually or jointly with others, determines the purposes and means of processing personal data.
On this website, the person responsible for processing the personal data collected is Pessoa Advogados, represented by its data manager, Mr. Fabio Guilherme Rezende Vilardo who can be contacted by e-mail: dpo@pessoaadvogados.com.br or at:
Rua Ministro Jesuíno Cardoso, 454, cj 41
Sao Paulo-SP
Zip code: 04544-051
The person responsible for processing the data will be directly responsible for the processing of the user's personal data.
5.2. Data Protection Officer (DPO)
The Data Protection Officer (DPO) is the professional in charge of informing, advising and controlling the data controller, as well as the workers who process the data, regarding the website's obligations under the GDPR, the Data Protection Act. of Personal Data (LGPD) and other data protection provisions present in national and international legislation, in cooperation with the competent control authority.
On this website the Data Protection Officer (DPO) is Mr. Fabio Guilherme Rezende Vilardo, who can be contacted by e-mail: dpo@pessoaadvogados.com.br.
6. Security in the treatment of the user's personal data
The site undertakes to apply the technical and organizational measures capable of protecting personal data from unauthorized access and from situations of destruction, loss, alteration, communication or dissemination of such data.
To guarantee safety, solutions will be adopted that take into account: adequate techniques; application costs; the nature, scope, context and purposes of the processing; and risks to user rights and freedoms.
The website uses an SSL (Secure Socket Layer) certificate that guarantees that personal data are transmitted in a secure and confidential way, so that the transmission of data between the server and the user, and in feedback, occurs in a fully encrypted or encrypted way.
However, the website disclaims liability for the exclusive fault of a third party, such as in the case of an attack by hackers or crackers, or the exclusive fault of the user, as in the case where he himself transfers his data to the third party. The website also undertakes to notify the user within an adequate period of time in the event of any breach of the security of their personal data that may pose a high risk to their personal rights and freedoms.
Breach of personal data is a breach of security that accidentally or unlawfully causes the destruction, loss, alteration, disclosure or unauthorized access to personal data transmitted, stored or subjected to any other type of processing.
Finally, the website undertakes to treat the user's personal data confidentially, within legal limits.
7. Browsing data (cookies)
Cookies are small text files sent by the website to the user's computer and stored there, with information related to website navigation.
Through cookies, small amounts of information are stored by the user's browser so that our server can read them later. For example, data about the device used by the user, as well as their location and time of access to the website, may be stored.
Cookies do not allow any file or information to be extracted from the user's hard drive, and it is also not possible, through them, to have access to personal information that has not come from the user or the way in which he uses the resources of the site. .
It is important to point out that not every cookie contains information that allows the identification of the user, and certain types of cookies may be used simply for the website to be loaded correctly or for its functionalities to work as expected.
The information eventually stored in cookies that allow a user to be identified is considered personal data. In this way, all the rules provided for in this Privacy Policy are also applicable to them.
7.1. website cookies
Website cookies are those sent to the user and administrator's computer or device exclusively by the website.
The information collected through these cookies is used to improve and personalize the user experience, and some cookies may, for example, be used to remember user preferences and choices, as well as to offer personalized content.
7.2. Third-party cookies
Some of our partners may set cookies on the devices of users who access our website.
These cookies, in general, aim to enable our partners to offer their content and services to the user who accesses our website in a personalized way, by obtaining navigation data extracted from their interaction with the website.
The user will be able to obtain more information about third-party cookies and the way in which the data obtained from them are treated, in addition to having access to the description of the cookies used and their characteristics, by accessing the following link:
Google Analytics
https://developers.google.com/analytics/devguides/collection/gajs/cookie-usage
The entities responsible for collecting cookies may transfer the information obtained to third parties.
7.3. Management of cookies and browser settings
The user may oppose the registration of cookies by the website, simply by deactivating this option in their own browser or device.
The deactivation of cookies, however, may affect the availability of some tools and functionalities of the website, compromising their correct and expected functioning. Another possible consequence is the removal of user preferences that may have been saved, harming your experience.
Below are some links to the help and support pages of the most used browsers, which can be accessed by users interested in obtaining more information about managing cookies in their browser:
Internet Explorer:
https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies
Safari:
https://support.apple.com/en-us/guide/safari/sfri11471/mac
Google Chrome:
https://support.google.com/chrome/answer/95647?hl=pt-BR&hlrm=pt
Mozilla Firefox:
https://support.mozilla.org/pt-BR/kb/active-e-desative-os-cookies-que-os-sites-usam
Opera:
https://www.opera.com/help/tutorials/security/privacy/
8. Complaint to a Control Authority
Without prejudice to any other administrative or judicial remedy, all data subjects have the right to file a complaint with a supervisory authority. The claim may be made to the authority of the site's headquarters, the user's country of habitual residence, his place of work or the place where the infringement was allegedly committed.
9. Amendments
This version of this Privacy Policy was last updated on: 05/25/2021.
The editor reserves the right to modify the website to these rules at any time, especially to adapt them to the evolution of the website, either by making new functionalities available, or by deleting or modifying existing ones.
The user will be explicitly notified in case of change of this policy.
By using the service after any modifications, the user demonstrates his agreement with the new rules. If you disagree with any of the changes, you must immediately request the cancellation of your account and submit your reservation to the customer service, if you wish.
10. Applicable law and jurisdiction
For the settlement of disputes arising from this instrument, Brazilian law will be fully applied.
Any disputes must be filed in the court of the district where the site editor's headquarters are located.
