Privacy Policy

 

Founded in 1936, Porto Advogados has gained notoriety for its Public-Law practice although it has also accrued extensive and solid experience as a full service law firm, which renders tailor-made legal services to our clients.

 

We are accutely aware of digital evolvement and of the importance of transparence and trust in dealing with privacy, self-determination on information, freedom of information, right to one’s privacy, reputation, as well as good faith.

 

Porto Advogados values its clients’ and users’ privacy and, to that effect, it has developed this Privacy Policy to evidence its commitment to protecting its clients’a personal data.

 

The firm deals only with such personal data as required and appropriate to meet the needs for which such data was collected, with due regard to the legal basis for treatment provided for under article 7 of the General Data-Protection Law.

 

Porto Advogados is located at 1Th. Floor, 5.109, Nove de Julho, Ave– 1º andar – Itaim Paulista – São Paulo/SP – Zip code: 01407-200.

You also can contact us at [email protected] or by our social medias:

       PortoAdvogados

       http://www.porto.adv.br

 

TREATNENT OF PERSONAL DATA

This policy applies to all clients and prospect clients, users and prospect users of the services extended by Porto Advogados, including the firm’s social networks, and summarizes how we may

proceed to collect, produce, take delivery, classify, use, access, reproduce, transmit, distribute, process, file, storage, eliminate, assess or control information and modify, communicate, transfer, disseminate or extract personal data. 

 

All treatment of personal data is carried out in accordance with applicable legal grounds and with all privacy and data-protection laws in effect at the relevant time.

 

By accessing and using Porto Advogados’ website, the user states and represents that he or she is over eighteen (18) years old and has full legal capacity to accept the terms and conditions underlined

by this Privacy Policy and Statement of Consent.

 

If you do not meet this set of criteria or do not agree this the terms of this Privacy Policy, Porto Advogados reserves the right to decline services.

Personal data collected by Porto Advogados are as follows:

Name and email provided by data subject at the time of registration on the website for delivery of our newsletter and exclusive reports, or when data subjects contacts our firm.
Cookies as strictly required for operation of our website and which cannot be disengaged by the system. You will be able to choose your privacy preferences directly on your browser when you log-on or fill-out a form. If you choose to block these cookies, some portions of the website might not operate appropriately. Also, we use cookies to get browsing standard reviews, with a view at ensuring continued content improvement and it is not possible to identify users/data subject based on them.
We collect date, time and IP information of website accesses to meet the duties provided for under the Internet Civil Law (art. 15).
Data required for pre-contract procedures and fulfilment and contract-based and legal obligations.

 

Data provided by means of consent, whenever other legal basis for data treatment is absent, may be eliminated upon request directly to DPO, to the contact reported hereunder.

 

SHARING OF PERNOSAL DATA

Porto Advogados does not and will not negotiate personal data collected.

 

Personal data included on Porto Advogados’ data base may be shared with third parties in those cases and within the limits authorized under the General Data-Protection Law (LGPD) and other personal-data protection legislation.

 

Porto Advogados may share personal data with: (i) companies of the same group; (ii) clients and partners, whenever so required for provision of services; (iii) vendors and suppliers, for delivery of

services required (accounting, information technology, health and social security agencies, financial institutions, among others).

 

All business partners vendors and clients with whom Porto advogados shares personal data are to treat data in a consciencious manner and in line with the purpose for which it was collected and

shared, and in accordance with the provisions of this privacy policy and applicable data-protection legislation.

 

PRESERV OF PERSONAL DATA

Porto Advogados will preserv personal data provided at the time of registration for as long as such registration is active and as required for performance of the services.

Data is stored until elimination is requested or for the time required for provision of the relevant services. 

Porto Advogados may withhold your personal data even after a request for elimination is received, whenever withholding is required to meet legal obligations, for defense in court and out-of-court cases, settlement of disputes, security matters, fighting fraud and to assure contract performance.

 

DISCLOSERU OF PERSONAL DATA 

Porto Advogados may disclosed personal data collected, as required and in appropriately, to government agencies and suppliers, to meet legal requirements or court orders. 

 

In line with the principle of good faith, personal data will be shared/disclosed in the following cases: (i) to meet legislation or regulation; (ii) to meet court orders; (iii) to take steps related to ilegal or suspicious activities; (iv) to cooperate with government agencies; (v) to enforce contracts; (vi) to defend against third-party claims; (vii) to protect service security/integrity; (viii) to enforce Porto Advogados’ and related companies’ rights; (ix) to protect the rights of employees, service providers, clients and users; (x) in case of sale, purchase, amalgamation, reorganization or dissolution of Porto Advogados. 

 

If a court order is issued for personal data, then Porto Advogados will inform the relevant data subjects of the contents of the order, unless otherwise prevented by law or court order or, further, if such order is issued on an emergency basis. If a court order is deemed abusive, vague or entered by an authority without appropriate jurisdiction, Porto Advogados may dispute the order.

 

DATA SECURITY

All personal data will be stored on Porto Advogados’ data base or on a cloud facility, which services will be provided by third-party vendors in line with data-protection legislation in force.

 

Porto Advogados relies on a number of security procedures to protect confidentiality, security and integrity of your personal data, to prevent damages stemming from data treatment.

 

We employ security and monitoring systems that check vulnerability to attacks and protect personal data from being tampered with, unauthorized disclosure, and misuse. However, the client/user understands and acknowledges that it is not possible to assure that no information will be accessed, tampered with or destroyed if such firewalls are ever breached.

 

LEGAL GROUNSD FOR TREATMENT

Porto Advogados only treats personal data when there is lawful grounds to do so, and always with due regard with appropriate need and purpose of data collected, as determined aheard of time.

 

Porto Advogados uses the legal grounds on article 7 of LGPD for collecting, producing, taking delivery, classifying, using, accessing, reproducing, transmitting, distributing, processing, filing, storaging, eliminating, assessing or controlling information and for modification, communication, transfer, dissemination or extraction of personal data.

 

The following are legal grounds: (i) express and unequivocal consent; (ii) data collected for execution/ enforcement of contracts and similar procedures; (iii) enforcement of legal rights under court, out of-court and arbitration proceedings; (iv) lawful interests.

 

Lawful interests include but are not limited to protection of the data subjetc, fulfilment of applicable legislation, regular exercise of rights, skilful performance and/or management of business, quality control of the services provided, range of products, marketing actions, improvement of relationship with clients, disclosure of news, employment and business opportunities.

 

Data’s subjetct have the right to decline or withdraw consent provided to Porto Advogados, whenever consent is legal grounds for treatment of personal data. Porto Advogados may discontinue provision of services to the data subjects who wishes to withhold consent in full or in part.

 

RIGHTS OF THE DATA SUBJECT 

Porto Advogados assures to data subject that it will abide and make abide by the rights assured by law with respect to personal data treatment. The following are rights of the data subject:

 

  • Portability of data to other service or product vendor in accordance with the domestic regulation, with due regard to trade and industrial secrecy legislation 

 

  • Data holders may decline treatment based on any of the instances of waiver of consent, if it breaches a provision of the LGPD.

 

  • Revocation of consent pursuant at paragraph 5 to article 8 of the LGPD.

 

  • Information on the possibility to decline consent is legal grounds for personal data treatment, and on the consequences of such refuse;

 

  • To have access to their personal data;

 

  • To have personal data treated upon data subject’s consent eliminated, except as provide for under article 16 of LGPD.

 

  • Anonymity, blocking or elimination of unnecessary, excessive data or data treated without regard to the provisions of the LGPD;

 

  • To file motion to national authority against controller with respect to their personal data;

 

  • To correct incomplete, wrong or outdated data;

 

  • To access information from government and private entities with controller shared personal data;

 

  • To confirm treatment of their personal data.

 

The rights referred to above may be exercised at any time and upon express request by the holders or their legal representatives. Holder’s request will be met within fifteen (15) days and at no cost.

 

Requests listed above may be made by contacting the Data Protection Officer, at [email protected]

 

All requests will be reviewed under applicable laws and legal grounds for treatment employed.

 

Porto Advogados may collect data to verify data holder’s identity and will keep such data as required to meet the holder’s needs.

 

DATA PROTECTION OFFICER (“DPO”) 

PORTO ADVOGADOS has appointed Pedro Paulo de Rezende Porto Filho as DPO to clarify any doubt on personal data treatment, you may contact the DPO by email at [email protected].

 

PRIVACY POLICY REVIEW

Porto Advogados reserves the right to change the privacy policy at any time and any such change will be posted on the firm’s website in a clear manner.

 

If you have any doubt about the privacy policies or wish or exercise your rights pertaining to data protection treatment, please contact the Data Protection Officer at: [email protected]

 

JURISDICTION

Brazilian laws govern this policy, and the Courts of the Judicial District of São Paulo/SP have jurisdiction to settle any dispute on same.

 

São Paulo, 2020/09/16.

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