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PRIVACY NOTICE | MARTORELLI ADVOGADOS

WELCOME!

We, from MARTORELLI ADVOGADOS, law firm registered with CNPJ under No. 08.797.730/0001-77 (“We” or “Firm”), provide legal services to our clients (“Services”). This website (“Website”) and other related pages are available to the general public to provide legal content, to enable contact with us, as well as to disseminate events, news and articles from the Firm.

We are committed to respecting your privacy and protecting your personal data, after all, trust comes first. Through this Privacy Notice (“Notice”), we seek to explain, in a didactic and accessible way, how we use the personal data entrusted to us through our Website. 

If you have any doubts or if you need to deal with any matter related to your privacy or to the protection of your personal data, please contact us through the Contact tab on our Website, or through the e-mail privacidade@martorelli.com.br. 

This Notice may be changed or updated any time, at the Firm’s discretion. Therefore, we recommended that you periodically access our Website in order to check for any changes to this document. 

The Firm is committed to the privacy and security of your Personal Data, which is why it is extremely important that you, the User, enter personal data only about yourself on our Site.

Although we cannot be held responsible for the lack of authorization from third parties who have personal data entered on our website by you, User, we will take steps to contact the data subject in order to provide any clarifications and allow the exercise of their rights.

FIRST OF ALL, SOME DEFINITIONS

For the purposes of this Notice, an “User” is an individual who browses our Website. 

In compliance with the provisions of Law No. 13.709/2018 (“General Data Protection Law” or “LGPD”), with Law No. 12.965/2014 (“Civil Rights Framework for Internet” or “MCI”) and with other applicable rules, this Notice establishes the conditions for the Processing of Personal Data (as defined below), necessary for the use of the Website by Users. 

As provided above, the following terms will be defined in accordance with the concepts set forth in the LGPD as indicated below:

a. Personal Data: information related to an identified or identifiable natural person. 

b. Sensitive Personal Data: Personal Data on racial or ethnic origin, religious belief, public opinion, affiliation to a trade union or a religious, philosophical or political organization, data relating to health or sex life, genetic or biometric data, whenever related to a natural person;

c. Processing: Any operation carried out with Personal Data, such as those that refer to the collection, production, receipt, classification, use, access, reproduction, transmission, distribution, processing, filing, storage, elimination, information evaluation or control, modification, communication, transfer, diffusion or extraction; 

d. Consent: Free, informed and unequivocal pronouncement by means of which the data subjects agree to the processing of their personal data for a specific purpose; 

e. Anonymization: Use of reasonable technical means available at the time of processing, whereby data loses the possibility of direct or indirect association to a natural person; and

f. Elimination: Exclusion data or data set stored in a database, irrespective of the procedure used. 

1. COLLECTED INFORMATION

1.1. When accessing our Website, you can directly provide us with some Personal Data by filling in fields on our “Contact” tab. We will use this data to respond to the contact you have made and, in case um made any request to our team, to assist you in the best possible way. The information we ask in these situations is: name, email address, telephone number, information regarding the reason for contacting us. 

1.2. The use of the Personal Data indicated above is essential for receiving communications and verifying the authenticity of requests made to Us. Failure to provide certain information may prevent the User from using our communication channel. The User has the autonomy to stop providing information to the Firm and, if the User feels more comfortable, he/she may contact us through the e-mail privacidade@martorelli.com.br

1.3. The Firm may process the Personal Data provided by the User and/or collected by the Firm in order to: (i) carry out the functionality of the Website; (ii) identify the User who entered the information and when he/she did it; (iii) promote communication with the User, send relevant information, including answers to User’s requests; (iv) improve the Website’s security mechanism; (v) detect and protect the Firm against frauds, abuses and unlawful acts; (vi) start the recruiting process.

1.4. For the purposes of the Website, including domain maintenance and hosting services, it is possible that some Personal Data may be shared with third parties. This sharing will always take place in compliance with current legislation and you, the User, can be informed of further details about our partners and operators, upon request. 

1.4.1. Furthermore, it is possible that Personal Data may be shared by the Firm in the event of a legal, judicial, administrative and/or arbitration requirement, or if reasonably necessary: (i) for the regular exercise of rights in lawsuits, administrative or arbitration proceedings; (ii) for the enforcement of this Notice; (iii) to respond to allegations of violation of the third parties’ rights; and (iv) to protect the rights, property, or safety of third parties, the Firm, or Users themselves. 

1.4.2. The Firm ensures that the sharing of Personal Data with third parties is carried out in accordance with the specifications and guidelines set forth in the applicable law.

1.5. The Website may present links to other applications or websites. These applications or websites are not subject to the control and responsibility of the Firm. Each of these websites and/or applications is entirely responsible for its security and privacy policy and its compliance with current legislation.

1.6. In addition to these Personal Data, our Website uses cookies that may store certain information. For further information, please check section 4 of this Notice for our Cookies policy.

2. DATA STORAGE AND SECURITY 

2.1. Personal Data may be stored on servers located in Brazil or abroad. But do not worry. Although other countries may have different levels of data protection than those existing in Brazil, User information that may be stored in other countries will be subject to security measures at least equivalent to those established in national legislation.

2.2. Users’ access to the Website, as well as the information included by them, is traceable, that is, the Website can detect who included them and when, which is essential for the smooth use of the Website.

2.3. We recommend that the User always keep the environment of their access devices safe, using their own tools available, such as antivirus and firewall, among others, and use adequate browsers to access the Website.

2.4. The Firm implements reasonable physical, administrative and technical safeguards in the marketplace to protect your personal information from unauthorized access, use or disclosure. We also require all our suppliers, service providers and partners to protect such information from unauthorized access, use and disclosure.

2.4.1. However, due to the very nature of the internet, we cannot guarantee that malicious third parties will not succeed in improperly accessing the information made available on our Website. Aware of this, in any event of improper access to data, the Firm will take all appropriate legal measures, including communicating to the competent supervisory bodies and data subjects involved, in accordance with current legislation, to minimize the effects of any incident.

2.5. We will keep Personal Data only for as long as necessary to fulfill the purposes informed to you, the User, through this Notice, including for the purpose of complying with any legal, contractual, accountability obligations or requests from competent authorities.

3. USERS’ RIGHTS 

3.1. Under the regulations of the Civil Rights Framework for Internet and the General Data Protection Law, you, the User, have several important rights. These rights include:

• Fair and transparent processing of Personal Data, including information about how we use your personal information;
• Access to your personal information;
• Correction of any errors or inaccuracies in your information;
• Elimination of personal information about you in certain situations;
• Receiving a copy of the personal information you have provided to us;
• Opposing, at any time, the Processing of personal information relating to you; 
• Opposing decisions being made by automated means that have legal effects on you or that affect you in any way.

3.2. If you would like to exercise any of these rights, please contact us through the Contact tab on our Site.

3.3. Please send us enough information to identify you and to prevent someone else from impersonating you (for example, name, email and contact phone number).

4. COOKIES POLICY

4.1. Cookies are used by the Firm to improve the use and functionality of the Website and to better understand how Users use the Website and its tools (“Cookies”). Cookies facilitate the process of adapting the Firm’s Website to the personal needs of Users, improving their experience.

4.2. The Firms uses Cookies strictly necessary for the operation of the Website, which allow the User to use our Website and properly enjoy all its functions.

4.3. Cookies do not need to be enabled to browse our Website. However, if Cookies are disabled, the Firm cannot guarantee that the User will properly access all the features of the Website.

4.4. If you want to know what Cookies are installed on your device, or if you want to exclude or restrict them, please use your browser settings. 

This Privacy Notice is governed by and interpreted in accordance with Brazilian law, in the Portuguese language, and the Forum of the District of Recife/PE is elected, in relations with Users, to settle any litigation or controversy involving this document, unless specific reservation of personal, territorial or functional competence as set forth in applicable law. 

This Notice was last updated: August 2, 2021.

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