PRIVACY POLICY
LEARN ABOUT OUR DATA PRIVACY POLICY
Mesquita Ribeiro Advogados, in commitment to your privacy, has drawn up this Privacy Policy in order to explain how the data provided by the user are collected and handled, along with the practices that assure your privacy.
DATA PRIVACY POLICY
MESQUITA RIBEIRO ADVOGADOS (“Law Firm”) treats your privacy and data protection seriously. Accordingly, with due regard for good practices related to the protection of personal data, and pursuant to Law Nº. 13.709/2018 (Personal Data Protection Law) it hereby presents the Law Firm's Privacy Policy, explains how your personal data are handled and what are their rights as owner of personal data and how they can exercise such rights. MESQUITA RIBEIRO ADVOGADOS (“Escritório”) leva a sua privacidade e a proteção dos seus dados a sério. Em razão disso, respeitando as boas práticas relacionadas à proteção de dados pessoais, bem como em consonância com a Lei nº 13.709/2018 (Lei Geral de Proteção de Dados Pessoais – LGPD) apresenta, por meio deste documento, a Política de Privacidade do Escritório, explica como seus dados pessoais são tratados e quais são os seus direitos como titular de dados pessoais e como pode exercê-los.
Why does the Law Firm handle your personal data?
In the exercise of its provision of legal services, the Law Firm may collect, keep on file and share personal data of its clients, representatives of clients and other parties dealing with the Law Firm and/or hiring its services.
1. TYPES OF PERSONAL DATA HANDLED BY THE LAW FIRM
Personal Data are the information related to a private citizen capable of identifying the person or enabling the identification thereof
(examples of personal data that may enable identification: name, tax code (CPF), telephone, email, address etc.), the person to whom the data refer being the owner.
Controller is a private citizen or legal entity, governed by public or private law, who take decisions relating to the treatment of personal data,,
sendo que o Escritório atua como controlador dos dados no âmbito das relações estabelecidas entre este e o Titular.
Handling constitutes all forms of utilization of your personal data, including, but not limited to, the following activities: collection, storage, consultation, usage, sharing, transmission, classification, reproduction, exclusion and evaluation.
The types of personal data and the way in which the Law Firm collect them depends on how you relate to the Law Firm.
In the case of clients, the personal data are collected, mainly, by filling out powers of attorney, contract supplied by the parties interested in contracting legal services or when requested by the Law Firm for carrying out legal services.
. Besides this situation, personal data are collected by means of other contracts entered into by the Law Firm with service providers, collaborators and suppliers.
There is also the possibility of collecting personal data by means of the Law Firm's internet website. Although visits to the website are anonymous - no personal data being collected, there is the hypothesis wherein the owner, who is browsing the website, opts to use the contact form, clicking on the “Contact” tab. In this situation, the owner himself or herself must inform name, email address, telephone number and company name. The data collected will be used exclusively for the Law Firm to contact the owner.
In all situations, the Law Firm collects the minimum personal data required and handles it within what is strictly necessary. Additionally, all personal data is handled in line with security and protection standards to avoid incidents and accidents involving personal data.
Some situations in which personal data is handled by the Law Firm: (i) signing contracts; (ii) granting of powers of attorneys; (iii) personal data needed for documenting judicial, administrative or arbitration proceedings; (iv) personal data for purposes of identifying the representation of legal entities; (v) personal data for purposes of registration with authorities, regulatory agencies and entities; (vi) personal data for purposes of billing and collecting fees by the Law Firm; (vii) personal data for purposes of communicating with clients.
Generally speaking, personal data usually comprises, among other things, name, identification documents, address, telephone number, profession, date of birth, marital status, position, employer, email address, financial data (number of bank branch and current account).
The Law Firm informs that it does not handle sensitive personal data which under Art. 5, item II, of the Personal Data Protection Law refer to data on racial or ethnic origin, religious conviction, political opinion, membership of a trade union or organization of a religious, philosophical or political nature, data relating to health or sex life, genetic or biometric data, linked to private individuals.
The handling informed above is authorized by the following legal grounds, prescribed in Art. 7 of the Personal Data Protection Law: (i) Consent from the owner; (ii) Compliance with legal or regulatory obligation; (iii) Enforcement of contract or preliminary contract-related procedures in which the owner is a party, as requested by the owner of the data.
2. SHARING PERSONAL DATA BY THE LAW FIRM
Access to most of the personal data collected is restricted to authorized members of Mesquita Ribeiro Advogados.
However, the Law Firm informs that it carries on its activities in partnership with other private citizens and legal entities, such as professionals with knowledge on specific technical subjects, partner and correspondent firms, which may, to the extent strictly necessary, in a controlled manner and safeguarding rights, have access to personal data to assure the feasibility of enforcing contracts, compliance with legal/regulatory duty and, potentially in situations where there is lawful interest. Furthermore,
in providing legal services before the Judiciary, government agencies, regulatory agencies and other public entities, there is a duty to provide certain information to said government authorities under the terms of the law and regulatory requests from the respective authorities.
In the event of sharing, only the minimum necessary shall be carried out to achieve the intended purposes.
The Law Firm may subcontract data processing or storage services and, in this case, the subcontracted party, the operator, shall act under the responsibility of the Law Firm and shall be suitably qualified and respect legislation and rules protecting data owners.
The Law Firm does not transfer personal data internationally. Under exceptional circumstances, the Law Firm undertakes the commitment to adopt technical and administrative measures viewing the security of the personal data that are appropriate to guarantee the protection and confidentiality thereof, in conformity with the Personal Data Protection Law, and further commits to provide owner with advanced notice of said handling.
3. RIGHT OF PERSONAL DATA OWNER
Personal data belong to the owner thereof and Brazilian law, specifically through Art. 18 of the Personal Data Protection Law, assures a series of rights related thereto. The Law Firm is committed to respecting these rights, namely:
| Right | Explanation |
|---|---|
Confirmation and Access |
You may request the Law Firm to confirm the existence and the purpose of handling your personal data so that, as applicable, you may have access thereto. |
Correction |
You may request the complementation or correction of your personal data, should they be incomplete, incorrect or outdated. |
Anonymization, blockage or elimination |
You may request (a) anonymization of your personal data such that they can no longer be linked to you and, therefore, are no longer personal data; (b) blockage of your personal data, temporarily suspending the possibility for us to use them for certain purposes; and (c) elimination of your personal data, in which case they should be irreversibly deleted. |
Portability |
You may request the Law Firm to provide your personal data in a structured and interoperable format viewing the transfer thereof to a third party, as long as this transfer does not violate intellectual property, trade secrets or the Law Firm's duty of professional secrecy. |
Information on sharing |
You are entitled to know which public and private entities the Law Firm makes shared use of your personal data. |
Information on the possibility of non-consent |
You are entitled to receive full and clear information on the possibility and the consequences of not providing consent, when so requested by the Law Firm. Your consent, when required, shall be free and informed. Accordingly, whenever we ask for your consent, you will be free to deny it – in such cases, some services may not be provided. |
Revocation of consent |
If you have consented to any specific purpose of handling your personal data, you may always opt to withdraw said consent. Nevertheless, this shall not affect the legality of any treatment made prior to the revocation. Should you withdraw your consent, we may be unable to provide you certain services, and we shall advise you when this occurs. |
Opposition |
The law authorizes the handling of personal data even without your consent or an agreement with us. In such situations, we will only handle your personal data if we have legitimate reasons to do so. |
Opposition
For your security, whenever you file a request to exercise your rights,
the Law Firm may request certain information and/or complementary documents so that we can prove your identity
, viewing fraud prevention. We do so in order to guarantee the security and privacy of all parties.
In some cases, the Law Firm may have legitimate reasons for not complying with a request to exercise a right. These situations include, for example, cases in which a disclosure of specific information might violate intellectual property rights, trade secrets or the Law Firm's or a third party's duty of professional secrecy, as well as cases in which requests to exclude data cannot be satisfied owing to the Law Firm's obligation to retain data, either to meet legal or regulatory obligations or viewing the defense of the Law Firm or third parties in disputes of any nature.
Some requests may not be met immediately, though the Law Firm commits to reply to all requests within a reasonable term and always in compliance with applicable legislation.
4. PERSONAL DATA STORAGE TIME
O Escritório mantém os dados armazenados somente pelo tempo que for necessário para cumprir com as finalidades para as quais eles foram coletados,
ou para cumprir os prazos previstos em lei, salvo se houver qualquer outra razão para sua manutenção como, por exemplo, cumprimento de quaisquer obrigações
legais, regulatórias, contratuais, resguardo do exercício regular de direitos do Escritório em processo judicial, administrativo ou arbitral, entre outras
permitidas por lei.
Especificamente em relação aos dados pessoais para “Contato” coletados no site do Escritório, estes serão armazenados em segurança apenas durante o tempo
necessário para a satisfatória comunicação por um dos integrantes do Mesquita Ribeiro Advogados.
5. PROTECTION OF PERSONAL DATA AND SECURITY
Our responsibility is to safeguard the personal data and use them solely for the purposes described in this Policy. To guarantee your privacy and protect your personal data from unauthorized accesses and from accidental or unlawful situations of destruction, loss, alteration, communication or any inappropriate or unlawful handling, we have adopted technological means to guarantee the security of all data handled by the Law Firm, such as access controls to systems and data handling systems and environments, installation of firewalls against unauthorized access to the databases, and other information security controls.
Should you identify or learn of any fact that compromises the security of your data relative to the Law Firm, kindly contact us via the contact information specified in Item 7 below.
The personal data collected will be stored in the Law Firm's own servers located in Brazil, and also in server clouds, which may lead to processing or storage outside Brazil, but always adhering to the rules of the Personal Data Protection Law and by means of reliable cloud service providers and within applicable norms.
6. COOKIES - COLLECTION AND USE
Upon accessing our website, the user decides whether or not to authorize the use of cookies.
Cookies are small files that a website, when visited, places on your device, through the browser and are for identifying the device used, and for storing information and user preferences. In this policy, we use the term cookies to refer to any file having these purposes.
It is clarified that on our website we only use analytical cookies to understand how visitors interact with the website.
The cookies used do not collect information that directly identifies the user; they merely retain information related to your preferences. The cookies also collect generic information, such as, for example, how users arrive at and use the website or their access location.
At any time, the user may, through the browser, decide to be notified on the receipt of cookies, and also block the respective entrance into his or her system.
Links and Cookies of Third Parties
When the user visits the website, it can offer links redirecting to other websites that have independent cookies and privacy policies.
It is thus up to the user to decide whether or not to accept the cookies of these other domains, the purpose and the way in which these websites collect and handle said data not being the responsibility of Mesquita Ribeiro Advogados.
7. CONTACT
If you believe that your personal data were handled in a manner that is incompatible with this Policy, your contract with the Law Firm and with your choices in the capacity of owner of the personal data, or else if you have any queries, comments or suggestions related to this Privacy Policy and to the way in which the Law Firm handles your personal data, then get in touch with us. The person in charge of handling personal data at the Law Firm is at your disposal at the following contact addresses:
Person in charge: Fabio Mesquita Ribeiro
Address for correspondence: Rua Marechal Deodoro, nº 1835, Jardim Sumaré, Ribeirão Preto/SP, CEP 14025-386
E-mail: mra@mesquitaribeiro.com.br
Encarregado: Fabio Mesquita Ribeiro
Endereço para correspondências: Rua Marechal Deodoro, nº 1835, Jardim Sumaré, Ribeirão Preto/SP, CEP 14025-386
E-mail para contato: mra@mesquitaribeiro.com.br
8. CHANGES IN THE PRIVACY POLICY
Since we constantly strive to improve our services, this Privacy Policy may be updated to reflect the improvements implemented. This being the case, we recommend periodic visits to this document so you can learn of any changes put in place.
This Privacy Policy enters into force in May of 2022..
Mesquita Ribeiro Advogados