Privacy Policy

PERSONAL DATA PRIVACY POLICY

This Privacy Policy (”Policy”) establishes herein how EFCAN Advogados treats the Personal Data of people who access and use its services (“You“). We recommend that you read this Policy carefully and refer to it regularly to check if there have been any changes, in accordance with the terms of this instrument.

For the purposes of this Privacy Policy, Personal Data means any data that relates to an identified or identifiable natural person (“You”).

The premises presented in this Policy are based on Federal Law No. 13.709/2018 – Brazilian General Data Protection Law (LGPD), respecting your privacy and your rights as personal data subject.

We emphasize that we do not collect data beyond that strictly necessary for the activities described in this Policy.

SOURCES OF PERSONAL DATA

EFCAN Advogados may collect or receive your Personal Data when:

You browse EFCAN Advogados website (“Website”) or use functionalities or resources available on or through the website, and your device and browser automatically disclose certain information (such as: device type, operating system, browser type, browser settings, IP address);
You contact EFCAN Advogados, whether in person, by mail, by telephone, online, by electronic communication or by any other means of communication;
You provide us with the information directly, through a registration or form, sending a Resumè;
You or someone related to You uses the Services of EFCAN Advogados;
A credit check has been carried out by EFCAN Advogados.

EFCAN Advogados only receives or collects your Personal Data from legitimate sources, within the scope of its obligations and in accordance with Applicable Laws.

MAIN PURPOSES FOR PROCESSING PERSONAL DATA

EFCAN Advogados ‘s main Data Processing activity is the provision of legal advisory and consultancy services.

Below we provide a list of activities/purposes for using Personal Data by EFCAN Advogados:

Preparation of procedural and administrative documents;
Monitoring of judicial and administrative actions;
Carrying out hearings and oral arguments in trials before competent bodies;
Review and preparation of contracts in general, proposals, letters, opinions, notifications and other legal/administrative documents;
Holding meetings, video conferences or telephone conferences to discuss topics in general;
Carrying out administrative routines in general;
Selection of candidates for a job or internship;
Preparation of contracts and proposals for legal fees;
Representation and carrying out regularization procedures before public bodies.

Additionally, we may process your Personal Data to:

fulfillment and execution of a contract or preliminary procedures related to a contract;
respond to your requests for assistance and support needs;
send relevant information about the contracted services;
service through service channels;
deliver correspondence and documents;
give effect to your legal rights and your rights under this Policy;
establish or exercise EFCAN Advogados legal rights or defend legal claims;
compliance with Applicable Laws and our other applicable policies;
sending institutional communications, memos, clippings, legal newsletters or bulletins with topics of interest to you.

CATEGORIES OF PERSONAL DATA PROCESSED BY OR ON BEHALF OF EFCAN ADVOGADOS

When providing legal services, considering support to clients in the most diverse areas and specialties of Law, EFCAN Advogados may have access and process a large repertoire of Personal Data that belongs to You or even Personal Data of the adverse party, the depend on the object or reason for the demand.

The categories of Personal Data that may be processed by or on behalf of EFCAN Advogados, to meet the purposes described in this Policy, include the following Personal Data:

Identification, qualification and contact data: full name; name of legal guardian (if minor), gender, residential and business address; date of birth; nationality/place of birth; marital status, identification document(s) data (such as ID Card, CPF (Individual Taxpayer ID Number), CNH (National Driver’s License), OAB (Brazilian Bar Association Member No.), professional registration number), email address and telephone number.
Family Information: information about spouses, dependents and close relatives such as marital status, names, ages, contact details.
Device information: IP address, Recording data.
Financial information: bank details; transaction history.

Occasionally, other types of data not expressly identified in this Policy may also be collected. EFCAN Advogados may collect Personal Data in several ways. This Personal Data may be collected directly from the Data Subject or may be obtained from third parties or someone related to the Data Subject (for example, the company you are part of). Regardless of the origin of the data and the category of the data, the Processing will be governed by this Privacy Policy.

USE OF COOKIES

Cookies are a small file added to your device or computer to provide a personalized experience when accessing the Website.

EFCAN Advogados may use information collected from cookies and other technologies to improve your experience and the general quality of our services.

Most Internet browsers are set to automatically accept cookies. Depending on your browser, You can configure it to warn you before accepting cookies or you can configure it to refuse them. Disabling cookies may impact your experience on our Website.

LEGAL BASIS FOR PERSONAL DATA PROCESSING

A legal basis for personal data processing is nothing more than a legal basis, provided for by law, that justifies the processing. Therefore, each personal data processing operation must have a corresponding legal basis.

EFCAN Advogados may, depending on the circumstances, frame its Processing activities on any of the following legal bases:

we obtained your express consent before the Processing;
we have a legitimate interest in carrying out the Processing (including our legitimate interests in operating our business, providing services to you and maintaining or improving our services) and there is no undue risk to your rights, freedoms or interests;
the Processing is necessary within the scope of the possible execution of a contract concluded with You or for your benefit or preliminary procedures related to this contract;
the Processing is required by Applicable Laws, or
any other legal basis available under Applicable Law.

SENSITIVE DATA

EFCAN Advogados does not collect or process Sensitive Personal Data, except when:

the Processing is required or permitted by Applicable Laws;
the Processing is necessary to establish, exercise or defend legal claims;
EFCAN Advogados or a third party on its behalf has obtained your explicit and prior consent before processing your Sensitive Personal Data.

CHILDREN AND ADOLESCENTS DATA

Personal Data Processing of children and adolescents will only be carried out by EFCAN Advogados:

In their best interests, that is, with the purpose of benefiting them, even if indirectly;
With transparency in order to provide the necessary information to parents or legal guardians.

EFCAN Advogados may process Personal Data of children (up to 12 years of age). The Processing of Children’s Personal Data will require prior collection of specific and prominent consent from at least one parent or legal guardian.

DISCLOSURE OF PERSONAL DATA

EFCAN Advogados may share or disclose your Personal Data to third parties in the following circumstances:

with partners, associates, interns and employees of EFCAN Advogados, to the extent necessary to provide services and comply with legal obligations;
with software service providers, cloud hosting services and other services related to information technology for the purposes of managing your relationship with our office, registration, documentation and other measures necessary for the provision of services;

with correspondents, experts, paralegals, partner offices (national and international), auditors, accountants, translators, financial institutions and other service providers to assist in the provision of EFCAN Advogados services;

with potential buyers or investors or their representatives, in the event of corporate reorganizations;
with competent judicial, administrative or governmental authorities, whenever there is a legal determination, request or court order;
to the extent necessary to: i) establish, exercise or defend legal claims; (ii) if required by applicable laws or regulations; (iii) when disclosure is necessary or appropriate to prevent physical harm or significant financial loss.

RIGHTS OF PERSONAL DATA SUBJECTS

Under Applicable Laws, You have the following rights:

right to confirmation and access to your Personal Data processed by us;
right to correct and/or update your Personal Data;

right to anonymization of your Personal Data;

right to portability of your Personal Data to any other entity, in a structured manner;
right to erasure of your Personal Data processed by us;
right to information about the public and private entities to which the company shared your Personal Data;

right to object, for legitimate reasons, to the Processing of your Personal Data;
right to request, for legitimate reasons:
1. the deletion of your Personal Data processed by us; and
2. the restriction of the Processing of your Personal Data processed by us;

if we process your Personal Data with your consent, the right to revoke that consent; and
right to submit complaints regarding the Processing of your Personal Data to the National Data Protection Authority.

If you wish to exercise any of the rights above or have questions about the way in which your Personal Data is being used by us, please contact us via email: dcaverni@efcan.com.br

Before we respond to your request to exercise the rights mentioned above, we may ask you to provide us with certain information to confirm your identity.

INTERNATIONAL STORAGE AND TRANSFER OF PERSONAL DATA

EFCAN Advogados stores your Personal Data securely in third-party data centers (cloud service provider servers) located in Brazil and in countries that have specific data protection legislation and within legal provisions.

However, the transfer will always be carried out in compliance with this Policy, the contractual clauses agreed between the Parties and the Brazilian LGPD.

Trabalhos executados para empresas globais poderão ter os dados pessoais transferidos internacionalmente conforme contrato e trabalho executado pelo EFCAN Advogados, isto significa que, em determinadas situações os dados pessoais poderão ser transferidos para empresas internacionais do mesmo grupo econômico, sendo elas empresas matrizes, subsidiárias ou afiliadas da empresa brasileira.

EFCAN Advogados, within its knowledge, will only transfer data to countries or international organizations that provide an adequate level of protection for Personal Data and always in accordance with the specific contractual clauses agreed between the Parties, if applicable.

By providing Personal Data to EFCAN Advogados within the scope of this Privacy Policy, You acknowledge that your Personal Data may be transferred to locations outside your jurisdiction.

TERMINATION OF DATA PROCESSING

EFCAN Advogados will terminate the Processing of your Personal Data in the following cases:

when the purpose has been achieved or the Data is no longer necessary in accordance with this Policy;
when the necessary period for the Processing is reached;
when You request the deletion of the Data;
by determination of the national Data protection authority or other legally constituted authority.

You are aware that, even after the end of Data Processing, EFCAN Advogados may maintain Personal Data for the following purposes:

compliance with legal or regulatory obligations;
anonymized use by EFCAN Advogados.

PERSONAL DATA PROTECTION

EFCAN Advogados adopts appropriate practices to protect your Personal Data from loss, misuse, unauthorized access, publication, alteration and distribution. We implement technical and organizational measures to protect your Personal Data and we contractually require our suppliers and service providers to protect your Personal Data with the same degree of care.

JOB VACANCIES ADVERTISEMENT

Job and internship vacancies, available on EFCAN Advogadosteam, may be advertised on their website or in any other means related to the recruitment process. When applying for a job or internship, You are aware that the Processing of your Personal Data will occur for the purpose of evaluating your personal and professional profile for the position for which You are applying.

By sending your Resumè and/or providing Personal Data to EFCAN Advogados, you agree to the conditions set out above and provide your consent to the Processing of your Data for the purposes described above.

THIRD PARTY WEBSITES

When browsing the EFCAN Advogadoswebsite, we may provide links to other websites on the Internet. This Privacy Policy does not apply and/or is responsible for content available on third-party websites and also does not share, subscribe, monitor, validate or accept the way in which these websites or content storage tools treat your personal and private information. We recommend that You refer to the respective privacy policies of such websites to be adequately informed regarding the use of your personal information by other websites.

POLICY CHANGES

EFCAN Advogados may change, revise or update this Privacy Policy at any time, without providing any specific notice. We recommend that you review this Policy periodically so that you are aware of the most recent version.

CONTACT

If You have any questions or concerns about this Privacy Policy, our practices for collecting and using Personal Data, please contact EFCAN Advogados.

Keep in mind that email communications are not always secure. Therefore, please do not include sensitive information in your emails to us.

Data Protection Officer Data:

Name: Daniella Caverni Machado
Contact Email: dcaverni@efcan.com.br
Contact Telephone Number: 11. 3079-2180

ANNEX I – DEFINITIONS

In this Policy, the following terms shall have the meanings indicated below, unless expressly indicated otherwise:

“Personal Data”: means any information that, directly or indirectly, alone or accompanied by other data, identifies or can identify a natural person. Examples of personal data are: name, CPF (Individual Taxpayer ID Number), CTPS (Social-security card) number, Internet Protocol (IP) number, email address, bank account number, financial profile, taxpayer identification, professional registration, geolocation, among others. This concept includes Sensitive Personal Data, as defined below.

“Sensitive Personal Data”: means any information that reveals, in relation to a natural person, racial or ethnic origin, religious conviction, political opinion, membership of a trade union or organization of character religious, philosophical or political data, data relating to health or sexual life, genetic or biometric data, when linked to a natural person, in addition to those Personal Data whose processing may reveal Sensitive Personal Data.

“Third Party(ies)”: means any Person, whether natural or legal, other than EFCAN or affiliated companies or companies from the same economic group as EFCAN, and includes EFCAN’s subcontractors.

“Data Subject(s)”: means in relation to a given Personal Data, the natural person identified or who can be identified to whom that Personal Data refers.

“Data Protection Officer”: means the person appointed by the controller and operator to act as a communication channel between the controller, data subjects and the National Data Protection Authority (ANPD).

“Processing”: means any and all operations carried out on Personal Data or Sensitive Personal Data, including, but not limited to, collection, production, reception, classification, use, access, reproduction, transmission, distribution, processing, archiving, storage, deletion, evaluation or control of information, modification, communication, transfer, dissemination or extraction.

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