Privacy Policy

1. General information

The present Privacy Policy contains information regarding the way we handle, totally or partially, automated or not, the personal data of users who access our website. Its objective is to enlighten the users about the type of data we collect, why we collect, and the way the user can update, manage or exclude the information.

This Privacy Policy was developed in accordance with Federal Law N. 12.965, from April 23, 2014 (Brazilian Civil Rights Framework for the Internet) and with Federal Law N. 13.709, from August 14, 2018 (Brazilian General Data Protection Regulation).

This Privacy Policy might be updated due to an eventual normative update, reason why we invite the user to periodically check this Privacy Policy.

2 . Information collected

Users’ data collection will occur in accordance with what is stated in this Privacy Policy, and will depend on the user’s consent. That will be expandable only in the hypotheses anticipated in article 11, item II of the Brazilian General Data Protection Regulation.

2.1 Types of data collected

2.1.1. User’s identification data in order to take part in our mailing list and receive our newsletter, articles and news about the legal world.

2.1.2. Data informed in the contact form.

Data eventually informed by the user using the contact form available on our website, including the content of the sent message, will be collected and stored in the RD Station marketing platform.

2.1.3. Newsletter

The e-mail address registered by the user who opts to subscribe to our Newsletter will be collected and stored until the user decides to revoke their consent. In this hypothesis, it will be excluded from our data bank.

2.1.4. Sensitive data

User’s sensitive data will not be collected, thus understood as those defined in articles 11 et seq. of the Brazilian General Data Protection Regulation.

2.2. Personal data retention period

We store your personal data for a reasonable amount of time in order to safeguard our service with your consent, or until you wish to revoke it. In this hypothesis, we will exclude your data in one business day as of the request date.

2.3. Recipients and personal data transference

The user’s personal data might be shared with the following people or companies:

RD Gestão e Sistemas S.A. and RD Station Inc.

Rodovia Virgílio Várzea, 3116,
Floripa Office attached to Floripa Shopping
Saco Grande Florianópolis/SC.
ZIP CODE 88032-000

3. User’s rights

The website is committed to fulfill the rules anticipated in the Brazilian GDPR regarding the following principles:

  • The user’s personal data will be handled in a licit, loyal and transparent way (lawfulness, loyalty and transparency);
  • The user’s personal data will be collected just for specified, explicit and legitimate purposes, and they can’t be handled afterwards in a way that is not compatible with those purposes (purpose limitation);
  • The user’s personal data will be collected in an appropriate, pertinent and limited way, according to the necessities of the object to what they have been processed (data minimization);
  • The user’s personal data will be exact and updated whenever necessary, in a way that they are deleted or rectified when incorrect, whenever it is possible (accuracy);
  • The user’s personal data will be stored in a way that allows the identification of data holders only during the period it is necessary for the purposes to which they have been handled (storage limitation);
  • The user’s personal data will be handled in a safe way, protected from unauthorized or illicit handling, as well as loss, destruction or accidental damage, adopting suitable technical or organizational measures (integrity and confidentiality).

The website user has the following rights provided by the Brazilian General Data Protection Regulation:

  • Right to confirmation and access: it’s the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are object to processing, and where that is the case, right to access their personal data;
  • Right to rectification: it’s the right the user has to obtain from the website the rectification of inaccurate personal data concerning him or her without undue delay;
  • Right to data erasure (right to be forgotten): it’s the right the user has to have their data erased from the website;
  • Right to restrict data processing: it’s the right the user has to restrict the processing of their personal data, and they can get it when they object the accuracy of data, when processing is illicit, when the website no longer needs the data for the proposed ends, when the user has objected the data processing, and in case data processing is not necessary;
  • Right to object: it’s the right the user has, at any time, to object to the processing of their personal data on grounds relating to his or her particular situation, and they can also object to the usage of their personal data for marketing profile definition (profiling);
  • Right to data portability: it’s the right the user has to obtain the personal data concerning him or her, and that have been provided to the website in a structured, commonly used and machine readable format. It also gives users the right to transmit those data to another website;
  • Right to not be subject to automated decisions: it’s the right the user has to not be subject to any decision taken solely based on an automated processing, including the profile definition (profiling), if the decision produces legal effects or significantly affects the user in a similar way.

The user might exercise their rights via written communication using the subject “GDPR – My data”, specifying:

  • Full name and e-mail used when the registration was made;
  • The right they wish to exercise with the website;
  • Request date and user’s signature;

The request must be sent to the following e-mail: cinthya@aphoffmann.com.br, or via mail to the following address:

ALMEIDA PRADO E HOFFMANN ADVOGADOS ASSOCIADOS
Condomínio Edif Plaza Work Center Alameda Casa Branca, 652 – 6th and 9th floors
Cerqueira César, São Paulo – SP
ZIP CODE: 01421-000

3. Obligation to not disclose third-party data

During the website usage, in order to safeguard and protect third-party rights, the website user must provide their personal data only, and not those belonging to third parties.

4. Handling personal data

4.1. Data handler’s responsibility (data controller)

The controller, responsible for processing the user’s personal data, is the natural or legal person, the public authority, the entity or another institution that, individually or along with others, determine the purposes and means to handle the personal data.

On this website, the controller is the office Almeida Prado & Hoffmann.

The controller will directly take charge of the user’s personal data processing.

4.2. Data protection officer

Data protection officer is the professional in charge with informing, advising and controlling the responsible for data processing, as well as the workers who handle the data, regarding the website obligations in the terms of the Brazilian General Data Protection Regulation and other data protection provisions included in the national and international legislation, in cooperation with the appropriate control authority.

On this website, the person in charge to protect the data (data protection officer) is Ms. Cinthya Imano Vicente Ribeiro, who can be contacted via the e-mail: cinthya@aphoffmann.com.br.

5. Safety when processing user’s personal data

The website is committed to enforce the technical and organizational measures that are able to protect the personal data from unauthorized accesses and from situations such as destruction, loss, alteration, communication and diffusion of those data.

In order to assure safety, solutions will be adopted and they will take into account: appropriate techniques; costs of implementation; nature, scope, context and purposes of processing; and risks for the user’s rights and liberties.

The website uses the SSL certificate (Secure Socket Layer) which guarantees that personal data will be safely and confidentially transmitted, so that the data transmission between the server and the user, and in feedback process, occurs in a totally enciphered or encrypted way.

However, the website exempts from responsibility due to third party’s exclusive fault, in cases such as hackers or crackers attacks, or user’s exclusive fault, in cases when they themselves transmit their data to third parties. Yet, the website is committed to get in touch with the user in an appropriate time-limit, in case there is some kind of safety breach regarding their personal data, which might be a high risk for their personal rights and liberties Personal data breach is a safety violation that accidentally or illicitly causes the destruction, loss, alteration, disclosure or non-authorized access of the personal data that were transmitted, stored or subject to any other type of processing.

Finally, the website is committed to confidentially handle the user’s personal data, within the legal limits.

6. Complaining to a control authority

Without prejudice to any other administrative or legal appeal way, all data holders have the right to complain to a control authority. The complaint can be made to the website headquarters authority, in the user’s current country,
their workplace or the place where the violation was allegedly perpetrated.

7. Alterations

The present version of this Privacy Policy was updated for the last time in: 03/30/2021.

The editor reserves the right to modify the site as well as the present rules, at any time and without prior notice, especially to adapt them to the developments of this website, either providing new functionalities or suppressing or modifying the ones already prevailing.

In this sense, we invite the user to periodically consult this page in order to verify the updates.

By using the service after eventual modifications were informed, the user expresses their consent to the new rules. In case they disagree over some of the modifications informed, they must immediately require the exclusion of their data from the data bank.

8. Applicable law and jurisdiction

In order to solve disputes that arise from the present instrument, the Brazilian law will be fully applied.

Eventual litigations will be presented within the judicial district jurisdiction where the headquarters of ALMEIDA PRADO E HOFFMANN ADVOGADOS ASSOCIADOS is located.

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