Privacy Policy
PRIVACY POLICY
1. General Information
This Privacy Policy contains information regarding how we process, in whole or in part, automatically or not, the personal data of users who access our website. Its purpose is to clarify for interested parties the types of data that are collected, the reasons for the collection, and how the user can update, manage, or delete this information.
This Privacy Policy was drafted in accordance with Federal Law No. 12.965 of April 23, 2014 (Brazilian Internet Bill of Rights), Federal Law No. 13.709 of August 14, 2018 (Brazilian Personal Data Protection Law), and EU Regulation No. 2016/679 of April 27, 2016 (General Data Protection Regulation - GDPR).
This Privacy Policy may be updated due to any regulatory updates, which is why the user is invited to periodically consult this section.
2. User rights
The website is committed to complying with the regulations set forth in Law No. 13.709/18 (General Data Protection Law – LGPD), as well as the General Data Protection Regulation (GDPR) (EU) 2016/679, respecting the following principles:
- The user's personal data will be processed lawfully, fairly and transparently (lawfulness, fairness and transparency);
- The user's personal data will only be collected for specific, explicit and legitimate purposes, and may not be processed subsequently in a way that is incompatible with those purposes (purpose limitation);
- The user's personal data will be collected in an appropriate, relevant and limited manner to the needs of the purpose for which it is processed (data minimization);
- The user's personal data will be accurate and updated whenever necessary, so that inaccurate data is deleted or rectified when possible (accuracy);
- The user's personal data will be kept in a way that allows the identification of data subjects only for the period necessary for the purposes for which they are processed (storage limitation);
- The user's personal data will be treated securely, protected from unauthorized or unlawful processing and against accidental loss, destruction or damage, by adopting appropriate technical or organizational measures (integrity and confidentiality).
The website user has the following rights, granted by the General Data Protection Law (LGPD) and the General Data Protection Regulation (GDPR):
- Right of confirmation and access: this is the user's right to obtain confirmation from the website as to whether or not personal data concerning them is being processed and, if so, the right to access their personal data;
- Right to rectification: This is the user's right to obtain from the website, without undue delay, the rectification of inaccurate personal data concerning him or her;
- Right to erasure of data (right to be forgotten): This is the user's right to have their data deleted from the website;
- Right to restriction of data processing: this is the user's right to restrict the processing of their personal data, which can be obtained when they contest the accuracy of the data, when the processing is unlawful, when the website no longer needs the data for the proposed purposes, and when they have objected to the processing of the data and in the case of processing unnecessary data;
- Right to object: This is the user's right to object, at any time, on grounds relating to their particular situation, to the processing of personal data concerning them, and may also object to the use of their personal data for marketing profiling;
- Right to data portability: this is the user's right to receive the personal data concerning them that they have 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 subject to automated decisions: This is the user's right not to be subject to any decision taken solely on the basis of automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.
The user may exercise their rights by sending a written communication to the website with the subject "LGPD- http://www.mscadvogados.com.br ", specifying:
- Full name or company name, CPF (Brazilian Individual Taxpayer Registry) or CNPJ (Brazilian National Registry of Legal Entities) number, and email address of the user and, if applicable, their representative;
- The right you wish to exercise with the website;
- Date of request and user signature;
Any document that can demonstrate or justify the exercise of your right.
The request should be sent to the email address: atendimentopoa@mscadvogados.com.br , or by mail to the following address: Medeiros, Santos & Caprara Advogados (MSC Advogados), Av. Dr. Nilo Peçanha, 2900/70, Torre Comercial Iguatemi Business, Bairro Chácara das Pedras, CEP: 91330-001, Phone: +55 51 3092-0111.
The user will be informed in case of correction or deletion of their data, if it has actually been collected.
3. Duty not to provide third-party data
During the use of the website, in order to safeguard and protect the rights of third parties, the website user must provide only their own personal data, and not that of third parties.
4. Information collected
User data will be collected in accordance with the provisions of this Privacy Policy and will depend on the user's consent, which is only dispensable in the cases provided for in Article 11, item II, of the General Data Protection Law - LGPD.
4.1. Types of data collected
4.1.1. Data provided in the contact form
Any data provided by the user through the contact form available on the website, including the content of the message sent, will be collected and stored.
4.1.2. Newsletter
The email address provided by users who choose to subscribe to our Newsletter will be collected and stored until the user requests to unsubscribe.
4.1.3. Sensitive data
Sensitive user data, as defined in Articles 9 and 10 of the GDPR and Articles 11 et seq. of the General Data Protection Law (LGPD), will not be collected. Therefore, among others, the following data will not be collected:
- data that reveals the user's racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership;
- genetic data;
- Biometric data to unequivocally identify a person;
- data relating to the user's health;
- data relating to the user's sex life or sexual orientation;
- data relating to criminal convictions or offenses or related security measures.
4.1.4. Collection of data not expressly foreseen
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 that the collection is permitted or required by law.
4.2. Legal basis for the processing of personal data
By using the site's services, the user is consenting to this Privacy Policy.
The user has the right to withdraw their consent at any time, without compromising the lawfulness of the processing of their personal data prior to the withdrawal. Withdrawal of consent may be done via email: atendimentopoa@mscadvogados.com.br , or by mail sent to the following address: Medeiros, Santos & Caprara Advogados (MSC Advogados), Av. Dr. Nilo Peçanha, 2900/70, Torre Comercial Iguatemi Business, Bairro Chácara das Pedras, CEP: 91330-001, Phone: +55 51 3092-0111.
The consent of those who are relatively or absolutely incapable, especially children under 16 (sixteen) years of age, may only be given, respectively, if they are duly assisted or represented.
The processing of personal data without the user's consent will only be carried out based on legitimate interest or in cases provided for by law, including, among others, the following:
- for compliance with a legal or regulatory obligation by the controller;
- for the purpose of conducting studies by research bodies, ensuring, 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 arbitral proceedings, the latter in accordance with 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 a third party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data;
- for credit protection, including as provided for in the relevant legislation.
4.3. Purposes of processing personal data
The purpose of the user's personal data collected by the website is to facilitate, expedite, and fulfill the commitments made to the user and to comply with requests made through the completion of forms.
Personal data may also be used for commercial purposes, to personalize the content offered to the user, as well as to support the site in improving the quality and functioning of its services.
The processing of personal data for purposes not foreseen in this Privacy Policy will only occur after prior notification to the user, and in any case, the rights and obligations provided herein will remain applicable.
4.4. Personal data retention period
The user's personal data will be kept for a period no longer than required to fulfill the purposes for which it is processed.
The data retention period is defined according to the following:
Any information collected will only be used by the site administrators to contact the user, for the purpose of answering questions and providing other information related to academic or professional activities, and will be stored for a period of up to 24 months.
Users' personal data may only be retained after the end of its processing in the following cases:
- for compliance with a legal or regulatory obligation by the controller;
- for study by a research body, ensuring, whenever possible, the anonymization of personal data;
- for transfer to a third party, provided that the data processing requirements set out in the legislation are respected;
- for the exclusive use of the controller, access by third parties is prohibited, and provided that the data is anonymized.
4.5. Recipients and transfer of personal data
The user's personal data will not be shared with third parties. Therefore, it will only be processed by this website. Any transfer will only be carried out with the express consent of the data subject (Article 5, Chapter XII of the LGPD) and based on previously established justifications.
5. Regarding the processing of personal data
5.1. Data Controller
The controller, responsible for processing the user's personal data, is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of processing personal data.
On this website, the person responsible for processing the collected personal data is João Adalberto Medeiros Fernandes Júnior, who can be contacted by email at: joao@mscadvogados.com.br , or in person at the address: Medeiros, Santos & Caprara Advogados (MSC Advogados), Av. Dr. Nilo Peçanha, 2900/70, Torre Comercial Iguatemi Business, Bairro Chácara das Pedras, CEP: 91330-001, Phone: +55 51 3092-0111.
The data controller will be directly responsible for processing the user's personal data.
5.2. Data Protection Officer
The data protection officer is the professional responsible for informing, advising, and monitoring the data controller, as well as the employees who process the data, regarding the site's obligations under the GDPR, the Brazilian General Data Protection Law (LGPD), and other data protection provisions in national and international legislation, in cooperation with the competent supervisory authority.
On this website, the data protection officer is João Adalberto Medeiros Fernandes Júnior, who can be contacted by email at joao@mscadvogados.com.br , or in person at the following address:
6. Security in the handling of the user's personal data
The website is committed to implementing appropriate technical and organizational measures to protect personal data from unauthorized access and from situations of destruction, loss, alteration, communication or dissemination of such data.
To ensure security, solutions will be adopted that take into account: appropriate techniques; implementation costs; the nature, scope, context and purposes of the processing; and the risks to the rights and freedoms of the user.
However, the website disclaims responsibility for the exclusive fault of a third party, such as in the case of a hacker or cracker attack, or the exclusive fault of the user, such as when they themselves transfer their data to a third party. The website also undertakes to notify the user within a reasonable timeframe should any type of security breach of their personal data occur that could pose a high risk to their rights and personal freedoms.
A personal data breach is a security breach that accidentally or unlawfully results in the destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored, or otherwise processed.
Finally, the website is committed to treating the user's personal data confidentially, within legal limits.
7. Complaint to a supervisory authority
Without prejudice to any other administrative or judicial remedy, all data subjects have the right to lodge a complaint with a supervisory authority. The complaint may be made to the authority of the site's headquarters, the user's country of habitual residence, their place of work, or the place where the alleged infringement occurred.
8. Regarding the changes
This version of the Privacy Policy was last updated on: September 28, 2020.
The publisher reserves the right to modify these rules on the website at any time and without prior notice, especially to adapt them to the evolution of the website https://www.mscadvogados.com.br , whether by making new features available or by suppressing or modifying existing ones.
Therefore, users are encouraged to check this page periodically for updates.
By using the service after any modifications, the user demonstrates their agreement with the new rules. If they disagree with any of the modifications, they must immediately stop accessing the site and submit their objection to customer service, if they so wish.
9. Applicable law and jurisdiction
For the resolution of any disputes arising from this instrument, Brazilian law shall be applied in its entirety.
Any disputes should be submitted to the court of the district where the website publisher's headquarters are located.