Privacy Policy

TPC Advogados, by itself and its associates, aware of the importance and duty of privacy of the information and personal documents entered by external and internal users (hereinafter “Data Subjects”) in the different databases of TPC Advogados, including its internet portals and hard documents under its custody, acting in the role of Controller of the processing of said personal data, establishes this Privacy Policy.

 

APPLICABILITY

This Privacy Policy applies solely and exclusively to clients and holders of personal data of TPC Advogados.

 

APPLICABLE LEGISLATION

This Privacy Policy is governed by current Brazilian law, especially Law 13.709/18 (“General Data Protection Law”) and Law 12.965/14 (“Marco Civil da Internet”).

 

DEFINITIONS

For the purposes of this Privacy Policy, the following definitions are established

• Data subject: natural person (customers, employees, partners, suppliers and providers) to whom the personal data being processed relates;
• Personal Data: information relating to an identified or identifiable natural person. It may include, for example, name, address, e-mail address, telephone number, debit/credit card number, IP address and geolocation data;
• Sensitive personal data: special category of personal data relating to racial or ethnic origin, religious conviction, political opinion, membership of a trade union or religious, philosophical or political organization, relating to health or sex life, genetic or biometric data relating to the natural person;
• Anonymized data: information which, alone or together with other Anonymized Data, does not allow the identification of a person, taking into account the use of reasonable technical means available at the time of its processing. They can include gender, age and generalized geolocation (such as the city you are in) and statistical data;
• Database: structured set of personal data, established in one or several locations, in electronic or physical support;
• Processing of personal data: any operation carried out with personal data, such as those relating to: the collection, production, reception, classification, use, access, reproduction, transmission, distribution, processing, archiving, storage, elimination, evaluation or control of the information, modification of the data or the processing of personal data.
• Anonymization: the use of reasonable technical means, available at the time of processing, whereby data can no longer be directly or indirectly associated with an individual;
• Consent: free, informed and unequivocal expression of consent by which the data subject agrees to the processing of his/her personal data for a specific purpose;
• Controller: natural or legal person, governed by public or private law, who is responsible for decisions regarding the processing of personal data;
• Operator: natural or legal person, governed by public or private law, who carries out the processing of personal data on behalf of the controller;
• DPO: person appointed by the controller and operator to act as a communication channel between the controller, the data subjects and the National Data Protection Authority (ANPD);
• User: people who access or interact with activities offered on the internet portals owned by TPC Advogados, under its direct or indirect control.

 

PURPOSE OF THE PRIVACY POLICY

The purpose of this Privacy Policy is to inform the holders of Personal Data of the guidelines for the collection, processing, storage and protection of physical and digital information and documents (hereinafter “Personal Data”) collected by TPC Advogados or on its behalf, or entered directly by its holders (external and internal) on its digital and physical platforms, clarifying how their Personal Data will be processed, as well as what their rights are and how they can be exercised.

 

PROCESSING OF PERSONAL DATA

The data collected by TPC Advogados may be processed and will comply with the principles set out in the General Data Protection Law, always in good faith, and will be incorporated into the corresponding physical and electronic records (hereinafter, “Register”) or in Databases over which TPC Advogados will act as Controller.

TPC Advogados clarifies that the Personal Data collected will only be processed when there is a regular purpose and objective, under the consent of the Data Subject or under legal provision, including when necessary to meet the legitimate interests of TPC Advogados, if they do not conflict with the fundamental rights and freedoms of the Data Subject that require the protection of personal data.

Data that undergoes a process of anonymization (“Anonymized Data”) during its processing will not be considered Personal Data for the purposes of this Privacy Policy, since it loses the possibility of being anonymized.

 

PURPOSE OF THE PROCESSING OF PERSONAL DATA

The processing of personal data by TPC Advogados will be used to comply with legal or regulatory obligations, for legitimate, specific and explicit purposes, under the terms of current legislation and for the execution of contracts to which the Data Subject is a party.

 

TYPES OF PERSONAL DATA THAT MAY BE COLLECTED AND PROCESSED

• Registration and/or contact data;
• Professional and/or legal data;
• Identification data generated by official bodies;
• Financial/payment data;
• Data on the Data Subject’s preferences (e.g. data based on internet browsing, on our own or related websites).

 

FORMS OF COLLECTION OF PERSONAL DATA

• Provided directly by the Data Subject or their legal representatives: personal data entered, physically provided or forwarded when accessing one of our channels (websites or applications) or when consulting, applying and/or contracting products and/or services provided by TPC Advogados;
• Collected directly by TPC Advogados and with the consent of the Data Subject: data collected during commercial processes, communication campaigns, authorized third parties, whether or not related to the prospecting and sale of products and services by TPC Advogados;
• Provided by contracted third parties: Personal Data received from third parties acting in partnership with TPC Advogados, such as service providers enriching the information collected directly by TPC Advogados, provided it is expressly authorized by the Data Subject;
• Collected from public databases: data from public databases made available by authorities (such as the Internal Revenue Service, for example), credit or credit protection institutions or data made explicitly public by the Data Subject, such as on websites or social networks, safeguarding the fundamental rights and freedoms of the Data Subject that require the protection of Personal Data;
• Collected automatically: collection of information automatically, associated with personally identifiable information, using technology tools, such as Cookies, all of which is informed to the Data Subject. Examples of data collected automatically are: your IP address, the date and time you use the site, your location, information about your device, information about your browsing habits.

 

PERIOD OF PROCESSING OF PERSONAL DATA

Personal Data will be processed for the entire period

• During which the Data Subject is accessing the TPC Advogados website;
• Required by law or specific regulation;
• Necessary for the fulfillment of the purposes;
• To enable the regular exercise of the rights of the Firm or clients in judicial, administrative or arbitration proceedings, or during audits; and
• Determined by a competent authority.

 

TERMINATION OF DATA PROCESSING

The processing of Personal Data will be terminated when

• The purpose has been achieved or when your personal data is no longer necessary or relevant for the specific purpose intended;
• In the case of personal data provided directly by You, when there is a request to that effect;
• There is a determination by a national authority.

 

RIGHTS OF THE PERSONAL DATA SUBJECT

Data Subjects are guaranteed the fundamental rights of freedom, intimacy and privacy, and are assured ownership of their Personal Data held in physical and electronic registers, files, records and other information and documents that are filed and under the direct responsibility of TPC Advogados or its service providers duly contracted for this purpose, as well as their respective sources, although certain services provided on the websites may contain specific conditions regarding data protection.

These are also the rights of the Data Subject, specifically in relation to their Personal Data, in accordance with current law:

• Confirmation of the existence of the processing of your Personal Data;
• Access to your Personal Data;
• Correction of your incomplete, inaccurate or outdated Personal Data;
• Anonymization, blocking or deletion of your Personal Data that is unnecessary, excessive or processed in breach of current legislation;
• Portability of your Personal Data to another service or product provider, upon express request, in accordance with the regulations of the national authority, observing commercial and industrial secrets;
• Deletion of your Personal Data processed with your consent, with legal exceptions;
• Information on the public and private entities with which TPC Advogados has shared your Personal Data;
• Information on the possibility of not providing consent and the consequences of refusing to do so; and
• Revocation of consent for the processing of your Personal Data, under the terms of the legislation in force.

 

CONTACT CHANNEL WITH THE DATA PROCESSOR (DPO)

To ensure that Data Subjects can exercise their rights in relation to their Personal Data, TPC Advogados, in compliance with legal provisions, has a Personal Data Governance area, led by its head Renato Dilly Campos, accessible solely and exclusively through the following direct service channel:

Contact e-mail: contato@tpcadvogados.com.br

The Data Subject may formalize a request, at any time, directed to the above channel and/or others that may be made available for this purpose and duly communicated, providing the requested information as soon as possible, in accordance with the legal deadlines.

 

PERSONAL DATA PROTECTION MEASURES

All legal security measures are adopted by TPC Advogados to protect the Personal Data of Data Subjects, including internal analysis of our data collection, storage and processing practices and security measures, as well as encryption and physical security measures.

The occurrence of incidents involving Personal Data that may cause damage to Data Subjects will be reported to the ANPD (National Data Protection Authority) and will collaborate with any investigations, acting effectively to repair any damage.

 

SHARING OF PERSONAL DATA

Personal Data may be shared, in the cases provided for by law and/or with the prior consent of the Data Subject, with other companies of the same group, controlling or controlled by it, directly or indirectly, by its subsidiaries and affiliates, always with respect to the same purposes that have been indicated in this Policy and in current legislation.

Additionally, TPC Advogados will share data with partner companies and suppliers duly contracted and authorized for this purpose (‘Operators’), considering contractual safeguards to guarantee the security of Personal Data and the rights of the Data Subject, only allowing the processing of Personal Data for specific purposes and in accordance with the Controller’s instructions.

 

COOKIES

By accepting this Privacy Policy, you agree to the processing of cookies in accordance with the definitions and terms set out below.

Definition: These are data files recorded on the device of a visitor to a website or portal (via smartphone, tablet or computer) which record information on user preferences, location, pages visited, among others, and which offer greater convenience in browsing.

 

Classification

• Regarding validity:

Session cookie: these are temporary and remain until the web page or browser is closed. They can be used in e-commerce to analyze internet traffic patterns and to provide users with a better experience and contextualized content.

Permanent cookie: persist even if the browser is closed. They can be used to remember users’ login and password, for example, or to guarantee a better user experience between different sessions.

 

• Regarding purpose:

Strictly necessary: essential to enable the user to use the websites, applications and services offered, which could not be properly offered without these Cookies. They are generally session cookies.

Performance: they collect anonymous information on how users use and interact with the websites, applications and services offered, making it possible to recognize their profiles and account for visits and interactions.

Functionality: they allow you to remember choices made by users (such as login and location) and provide more personal experiences, as well as allowing for possible customizations (when they are available). This information can be anonymized (becoming Anonymized Data) and does not track activities outside the websites, applications and services offered. It is generally permanent.

Analytics and advertising: allow advertisers and partners to deliver more relevant ads and information to users. They are also used to limit the number of times a user sees certain ads and to measure the effectiveness of advertising campaigns. They remember certain user preferences and are used to help profile users to improve the user experience. They are generally permanent.

 

How cookies may be used by TPC Advogados

TPC Advogados may use cookies when a user accesses the internet portals owned by it and by companies in its corporate group.

Cookies are only associated with the browser of a given computer and do not provide references that allow the user’s name and surname to be deduced.

As a result of cookies, it is possible for TPC Lawyers to recognize users who have registered on a previous use of the pages, so that they do not have to register on each new visit.

The cookies that may be used on the websites and pages of the TPC Lawyers Internet portals originate from the different servers operated by TPC Lawyers, or from the servers of third parties that provide services and install cookies for TPC Lawyers.

To use TPC Advogados’ websites, it is not necessary for the user to allow cookies sent by TPC Advogados to be received, although in this case it will be necessary for the user to register each time they access a service that requires prior registration.

Whenever the option to prevent the installation of cookies has not been activated, the user may search their computer’s hard disk according to the browser’s own instructions. Information on this configuration is available in the browser’s instructions and manuals, as shown below.

• Internet Explorer: https://support.microsoft.com/pt-br/help/17442/windows-internet-explorer-delete-manage-cookies
• Mozilla Firefox: https://support.mozilla.org/pt-BR/kb/ative-e-desative-os-cookies-que-os-sites-usam
• Chrome: https://support.google.com/accounts/answer/61416?co=GENIE.Platform%3DDesktop&hl=pt-BR
• Safari: https://support.apple.com/pt-br/guide/safari/sfri11471/mac

It is important to note that there will be no guarantee of the correct functioning of the Internet portals owned by TPC Advogados and its group companies if strictly necessary cookies are denied.

 

ADDITIONAL CONSIDERATIONS

The Data Subject guarantees that the Personal Data provided to TPC Advogados is true and legitimate, free from any defects in consent, and undertakes to immediately notify TPC Advogados of any changes thereto.

Except in fields where otherwise indicated, answers to questions about Personal Data are optional, and their absence does not imply a reduction in the quality or quantity of the corresponding services.

TPC Advogados will ensure that Data Subjects are provided with adequate resources so that they can agree to this Policy or any other relevant information before giving their consent to the storage of their Personal Data.

 

CHANGES TO THIS POLICY

This Privacy Policy may, at the discretion of TPC Advogados, be updated and/or changed at any time, without prejudice to the rights of Data Subjects guaranteed by the legislation in force, highlighting any changes in the Policy and, where appropriate, may be the subject of specific communication.