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Data Protection and Privacy

Madrona Fialho Advogados is committed to respecting and protecting the privacy of all people with whom it interacts in the performance of its legal activities, and processes your personal data in accordance with the laws in force.

  • Madrona Fialho Advogados is committed to safeguarding your privacy.

    Thus, we only collect personal data that may be necessary for the provision of our services and for the achievement of our objectives and our mission.

  • Privacy and protection of personal data policy

    This Privacy and Personal Data Protection Policy describes for what purposes we collect your personal data, how we process it, with whom we share it, how long we keep it, as well as how to contact us and exercise your rights.

    This privacy and personal data protection policy comes into effect automatically for all those who relate to Madrona Fialho Advogados on this date of October 20, 2022 and the maintenance of their relationship with Madrona Fialho Advogados constitutes acceptance of this policy.

  • About Us

    Madrona Fialho Advogados is a law firm, which is responsible for the processing of the personal data you provide to us in relation to this website.

    The purpose of this privacy policy is to expose the information regarding your rights under the laws applicable to data protection in Brazil. If you have any questions related to the processing of your personal data, you can contact Madrona Fialho Advogados:

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    CNPJ: 21.976.490/0001-36

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    Address: Av. Brigadeiro Faria Lima, 3064, Jardim Paulista, CEP 01.451-000, São Paulo, SP, Brazil

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    Phone: +55 (11) 4883-8750

  • Madrona Fialho Advogados has appointed a person in charge of the processing of personal data (the Data Protection Officer), who can provide clarification on the protection of personal data and receive any complaints. The contact details of the person in charge are:

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    C/O: Bernardo Santos

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    Address: Av. Brigadeiro Faria Lima, 3064, Jardim Paulista, CEP 01.451-000, São Paulo, SP, Brazil

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    Phone: +55 (11) 4883-8750

  • The identity and other contact information of the Data Protection Officer appointed by Madrona Fialho Advogados, as updated, are available on the website http://www.madronafialho.com.br.

  • Personal data collected

    Personal Data” is any information relating to you that identifies you or enables you to be identified.

    Madrona Fialho Advogados, in effect, processes the personal data necessary to comply with its corporate purpose, the provisions of the contracts it enters into, and the obligations imposed on it by law.

    Within the scope of its activities, Madrona Fialho Advogados may process the personal data described below:

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    Identification data (such as name, gender, marital status, date of birth, nationality, place of birth, individual taxpayer’s ID number (CPF), identity number, professional cards, social profiles; photographs, images, videos; signatures; and voice records of phone calls)

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    Family data (such as names and details of family members or dependents)

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    Financial data (such as name on credit/debit card, bank account number, credit/debit card, billing address, transaction records)

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    Contact details (such as address, telephone number, email address, social profiles)

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    Professional activity data (such as profession, employer’s name, occupation, professional address, professional contact data)

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    Statements and opinions (such as complaints, criticisms, comments or statements; and public communications on Madrona Fialho Advogados websites or social profiles)

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    Contractual data (such as identification, contract number)

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    Electronic identification data (such as IP address, cookies, activity logs, online identifiers, location data).

  • When you sign up for one of our online services, we will ask you to provide your identification and contact details, as well as your communication preferences.

    When you register to attend one of our events, we will ask you to provide your identification and contact details.

    When you use our website or one of our online services, we collect information about your visit and how you interact with our website.

    When a client engages our legal services, we will request the information necessary to provide those services. This information may include identification data, contact data, financial data, and information necessary to perform pre-release checks and information relevant to the services we provide. It may be necessary to collect personal data related to persons whose information is relevant to the provision of our services to the client (e.g. family data).

    When you apply for a job with us, we will ask for information relevant to your application, such as identification data, contact data and professional activity data.

    If you visit our office in person, we may collect information necessary to identify you and complete the necessary security checks, namely, identification data, contact data, and digital image of your face.

    Madrona Fialho Advogados does not process personal data that reveal racial or ethnic origin, religious conviction, political opinion, union membership or organization of a religious, philosophical or political nature, data related to health or sexual life, genetic or biometric data, when linked to a natural person.

    The personal data to which Madrona Fialho Advogados has access results, for the most part, from having been provided by the respective individuals, in the context of a relationship established with Madrona Fialho Advogados (in the process of interactions with such individuals; filling out forms; accesses, consultations, orders or instructions related to events promoted by Madrona Fialho Advogados; execution of contracts).

    In some circumstances, we may also receive information from:

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    Our customers, when we handle personal data on their behalf

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    Regulatory authorities

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    Credit agencies

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    Other companies that provide services to us.

  • Some of the sources mentioned above may include publicly available information.

    Data is also collected from activity performed by people who access Madrona Fialho Advogados’ pages or profiles on the internet. When accessing our website, we collect browsing information. When you visit our main page, a “cookie” is inserted in the browser through the “Google Analytics” software, to identify how many times you return to our address. Information such as IP address, geographic location, referring source, browser type, duration of visit and pages visited is collected.

    Where applicable, Madrona Fialho Advogados will seek the specific consent of the data subjects processed.

    Madrona Fialho Advogados will protect your personal data, under the terms of the applicable legislation, adopting technical and organizational measures in such a way as not to allow — within its possibilities and responsibilities — third parties to misuse the data; conditioning the assignment or transmission of the data, when legally permitted, to the acceptance, by the assignee, of the protection obligation referred to herein.

  • Purposes for data processing

    We will treat your personal data fairly, proportionately, and when we have a legal reason to do so. We may use your personal data if we have your consent or on another legally permissible basis, which includes:

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    Compliance with legal or regulatory obligations

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    The execution of contracts or preliminary procedures related to contracts to which the data subject is a party, at the request of the data subject

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    For the regular exercise of rights in judicial, administrative or arbitration proceedings

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    For the protection of the life or physical safety of the data subject or third party

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    The need to meet the legitimate interests of Madrona Fialho Advogados or third parties.

  • In general, the processing of personal data by Madrona Fialho Advogados is carried out for customer service and the provision of legal services in the advisory or litigation scope, in addition to administrative management, including, but not limited to, the purposes described below:

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    Communication, marketing and prospecting activities; to register, disseminate and promote Madrona Fialho Advogados’ events and actions, advertising campaigns, rendering of accounts, thank-you messages (including through the use of electronic mail, phone calls, SMS messages, social media posts, personal communications, and/or to maintain and update contact information for such purposes; making images of events and similar); for offering or processing the purchase of tickets and invitations; for registration of participation in events and similar activities

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    Employee management; to recruit and hire employees (including through the use of electronic mail, phone calls, SMS messages, social media posts, personal communications, and/or to maintain and update contact information for such purposes); including for labor relations and occupational safety management purposes

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    Security purposes; to ensure the security of Madrona Fialho Advogados facilities, promoted events, and computer and information technology systems; through camera, voice and access records

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    Adoption of legal procedures; for data processing necessary for the exercise of rights held by Madrona Fialho Advogados

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    Administrative Management; for management of suppliers and contractors, compliance with tax obligations, financing management, accounting records and financial audits

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    Contract Management; to execute and administer contractual relationships established between Madrona Fialho Advogados and third parties and related tasks, including communications

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    Other Purposes; such as preserving the history of operations and documents to meet legal, administrative, insurers’ and auditors’ requirements; investigations to detect, prevent and investigate situations of non-compliance with internal policies and regulations; and meeting other legitimate interests.

  • Any other processing of personal data and other purposes that do not fall under the criteria described above, depend on, to be lawful, the consent of the data subject which must be expressed in a free, informed and unequivocal manner.

  • Data sharing and transfer

    We treat your personal data correctly and do not share it with third parties, except as described below.

    Madrona Fialho Advogados may have to transfer personal data to third parties: (i) to comply with the contracts it has entered into with said data subject or instructions that have been transmitted to it, to the extent that such transmission is a condition for the execution of these contracts or instructions; and/or (ii) when this is necessary or convenient for the execution of Madrona Fialho Advogados’ activities, purposes and organization, and due to established contractual partnerships (for example, when Madrona Fialho Advogados uses outsourced services for records storage, computer systems for electronic data filing or provision of services – cloud computing, mailing, telemarketing, media management); outsourcing of services in general (for example, payment processing, financial institutions, administrative services, accounting support and other subcontractors); partnerships with third parties.

    Madrona Fialho Advogados may also have to make the personal data processed available to authorities (for example, the National Data Protection Authority, criminal police authorities, etc.), to comply with obligations in general, whenever the law so imposes.

    We may also transfer your personal data when you consent to do so.

    International data transfers may occur, under the terms above, in compliance with the provisions of the applicable legislation, with the adoption of measures that ensure adequate protection.

  • How we protect your personal data

    Madrona Fialho Advogados adopts security, technical and administrative measures to protect unauthorized access, accidental or unlawful situations of destruction, loss, alteration, communication, or any form of inappropriate or unlawful treatment.

  • Deadlines for processing personal data

    Personal data are kept by Madrona Fialho Advogados – in physical or digital media (with servers in the USA) – depending on the purpose that justifies its treatment. As a general rule, Madrona Fialho Advogados will not retain personal data after the reasons justifying its processing have ceased and if the retention is not imposed by law or for the time necessary to preserve the legitimate interest of Madrona Fialho Advogados, as the case may be.

    It should be noted that, even after the termination of a contract or relationship, some records must remain accessible by legal reasons or may be necessary to demonstrate the terms of the relationship (statement, exercise, or defense of a right in legal proceedings), according to applicable statute of limitations; penalties are used for these purposes.

    After the applicable deadlines, personal data must be deleted or anonymized.

  • Rights of the data subjects

    Every individual is guaranteed the ownership of their personal data, to guarantee the fundamental rights of freedom, intimacy, and privacy, under the terms of this Law.

    Subject to the terms of the law and the circumstances, the data subjects of the personal data may request us:

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    To confirm the existence of processing

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    To access the data

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    To correct incomplete, inaccurate or outdated data

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    To anonymize, block or delete their data that is unnecessary, excessive, or treated in non-compliance with the provisions of the applicable legislation

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    To move data, under the terms of the law

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    To delete personal data processed with the prior consent of the data subjects, except in cases of retention of data permitted by law

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    Information from public and private entities with which the controller shared the use of data

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    Information about the possibility of not giving consent and about the consequences of refusal

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    The revocation of consent, under the terms of the applicable legislation.

  • There are circumstances that may restrict the exercise of some rights provided for by law, such as, for example, when the provision of information may reveal some business secret of Madrona Fialho Advogados or due to compliance with any legal/regulatory obligation or to allow the defense of Madrona Fialho Advogados in any judicial or administrative proceeding.

    These rights may be exercised by sending an email to the person in charge of Madrona Fialho Advogados, according to the contact details mentioned above. Requests will be handled with special care so that we can ensure their effectiveness.

    Every personal data subject also has the right to petition and/or make complaints in relation to their data before the National Data Protection Authority, the Judiciary and other authorities.

  • Privacy policy changes – additional information

    The content of this privacy and data protection policy may change over time, and its updated version will available at http://www.madronafialho.com.br.