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Privacy Policy

Privacy Policy

Bernardi e Schnapp Advogados

Bernardi e Schnapp Advogados (“BeS” or “We”) is committed to raising the awareness of users of its website, its collaborators, partners, employees, service providers, individual customers and representatives, or any other individuals related to BeS’s corporate clients (“Holder” or “You”) in relation to the procedures and policies applicable to personal data processed by BeS.

This Privacy Policy was created to demonstrate our commitment to the security and privacy of the information received by BeS, and seeks to clarify how this information is collected and treated.

 

  1. Treatment of Personal Data

 

  • BeS, as the controller of your personal data within the scope of the relationship established with you, or as the operator of personal data provided by our Clients, may carry out the processing of personal data.

 

  • Personal data is processed only in certain cases and when necessary to achieve the purposes mentioned in this Privacy Policy, especially for the provision of legal services and the performance of BeS’s business activities, as described in clause 1.5 below.

 

  • In the provision of legal services, considering the support provided to clients in the most diverse areas and specialties of Law, BeS will be able to access and process a large repertoire of personal data of its own, or even personal data of other individuals involved in a given case, depending on the object or reason for the demand, including, but not limited to the following:
  • Personal Data: full name, address, date of birth, nationality, marital status, identification document(s) data such as ID, CPF number, Passport, driver’s license, OAB number, as applicable, identification codes in frequent flyer programs or registrations made with BeS Customers, email address, telephone number, place of work, profession, position, level of education.
  • Financial data: salary, assets and liabilities, transaction history, tax returns, credits, sales, possessions, debt certificates, loans, and bank details with financial institutions.
  • Audit Data: the existence of being classified as a politically exposed person, assessment of share or background distribution certificates of the most diverse nature, including, but not limited to civil, criminal, tax, labor, or other actions, and insolvency in Brazil or abroad.

 

  • BeS may collect this information in a variety of ways, including, but not limited to directly with the Holder, with someone related to the Holder (for example, the company you are a part of), or can be accessed from publicly accessible sources, or by service providers that assist with audit procedures. Regardless of the source of the data, the treatment will be governed by this Privacy Policy, and you can contact us through the email dpo@beslaw.com.br in case of doubts.

 

  • In general, we process your personal data for customer service and the provision of legal services in the scope of consultancy or litigation, including, but not limited to drafting, reviewing or negotiating contracts, carrying out or participating in an audit to verify the compliance of a company or individual with Brazilian legislation and risk analysis, management of investigations, lawsuits, administrative, or arbitration procedures, the analysis of any situations presented by clients to prepare responses to queries, memoranda, or legal opinions, preparation of mandatory documents under the terms of Brazilian law, intermediation of the client’s relationship with government authorities and agencies, conducting training, holding meetings, videoconferences, or conference calls to discuss topics in general, obtaining necessary licenses, authorizations, and permissions, coordination of merger, acquisition, or capital market operations, and compliance with legal obligations to which BeS is subject, including from a labor perspective.

 

  • We also use your personal data to respond to your messages and to send you our exclusive institutional communications and newsletters on BeS’s performance topics. NOTICE: if you no longer want to receive our communications, just let us know by sending a message to dpo@beslaw.com.br. If you are a customer, we may also process your personal data for the purpose of formalizing the contract with BeS, billing, and collection, in case you are an individual customer or representative of a corporate customer.

 

  • Our content is not aimed at children and adolescents, which is why we do not make an age assessment or purposely collect your personal data.

 

  • The Bernardi e Schnapp Advogados website does not use “cookies” to collect personal or browsing information. Our providers may, however, collect generic data for purely statistical purposes.

 

  1. Sharing of Personal Data

 

2.1       BeS in no way trades your data with third parties. However, in order to carry out our activities and fulfill the purposes expressly mentioned above, we may share your personal data with:

  • corresponding lawyers, experts, reviewers, partner offices (national and international), auditors, accountants, translators, and financial institutions to assist in the provision of legal services, depending on the demand;
  • regulatory bodies and other authorities such as Brazil’s Civil Aviation Agency, Commercial Boards of all Units of the country, and Brazil’s Internal Revenue Service;
  • providers of software and other information technologies for the purposes of managing records, documentation, extracting reports, negotiating, and formalizing judicial or extrajudicial agreements and other measures necessary for the operation of BeS; and
  • our clients and related associations, in order to allow the regular provision of legal services offered by BeS, depending on demand.

 

 

  1. International transfers of your Personal Data

 

3.1       BeS may transfer your personal data to partner offices located abroad, the companies that make up the economic group of BeS clients established in other jurisdictions, as necessary to provide legal services or to be accountable for the activities carried out by BeS, or for service providers located abroad, including cloud service providers.

3.2       When your personal data is transferred outside of Brazil, BeS will take appropriate measures to ensure its adequate protection with the requirements of the applicable data protection legislation, including by making confidentiality and protection commitments to your personal data when necessary.

 

  1. Treatment Period

 

4.1.      BeS stores your personal information: (i) until the end of the processing of personal data, as mentioned in item 4.2 below,; (ii) for the time necessary to safeguard the regular exercise of rights by BeS or its clients in a judicial, administrative, or arbitration process that has been or may be proposed; (iii) for the time required by law, including, but not limited to limitation periods applicable or as long as necessary to comply with a legal or regulatory obligation; and (iv) for the time necessary to preserve the legitimate interest of BeS, as the case may be.

4.2       Except for the cases established by applicable law or by this Privacy Policy, personal data may be eliminated and processing will be discontinued in the following cases:

  • when the purpose for which the Holder’s personal data was collected is achieved and/or the personal data collected is no longer necessary or relevant to the achievement of such purpose;

 

  • when the purpose for which the Holder’s personal data was collected is achieved and/or the personal data collected is no longer necessary or relevant to the achievement of such purpose;

 

  • when the Holder is in their right to request the termination of treatment and the deletion of his personal data and does so; and
  • when there is a legal determination in this regard.

4.3       In exceptional cases and authorized by law, BeS reserves the right to maintain the processing of personal data, even in the face of a request for interruption or suspension of treatment formulated by the Holder, in case the maintenance of the treatment is necessary to meet the purposes provided for in this Privacy Policy.

 

  1. Rights of the Holder

 

5.1       You have several rights in relation to your personal data. In compliance with the provisions of the General Data Protection Law (LGPD), BeS guarantees that the Holder can exercise the following rights, upon request:

  • confirmation of the existence of the treatment;
  • access to data;
  • correction of incomplete, inaccurate, or outdated data;
  • anonymizing, blocking, or deleting unnecessary, excessive, or treated data that does not comply with the LGPD;
  • data portability to another service or product supplier, upon express request, in accordance with regulations to be implemented by the national authority, observing commercial and industrial secrets, in addition to the professional secrecy to which BeS is subject;
  • elimination of personal data processed with the consent of the holder, except in cases of compliance with legal or regulatory obligations by the controller, ensuring the anonymization of personal data whenever possible;
  • transfer to a third party, as long as the data processing requirements set out in the LGPD or the exclusive use of the controller are respected. Access by an unauthorized third party is prohibited;
  • information from public and private entities with which BeS made shared use of data;
  • information about the possibility of not giving consent and the consequences of the refusal; and
  • revocation of consent, by means of a free and facilitated procedure, once the treatments carried out under the protection of the previously expressed consent were ratified.

 

 

5.2.      If you intend to exercise your rights, please contact BeS’s Data Protection Officer, Lucas Bernardes Augusto, by email at dpo@beslaw.com.br.

 

  1. Data protection and security

 

6.1       BeS employs security systems and technical, physical, and managerial procedures usually adopted by the legal market to protect your data, taking reasonable precautions to maintain this protection, in order to meet our commitment to the security of your personal data.

6.2       As a feature of our website, you may have access to links to other sites on the internet. We emphasize that BeS is not responsible for these websites and content, nor does it share, monitor, validate, or accept the way in which they treat your personal data. If you choose to access links to other sites, we recommend that you consult their respective privacy policies to properly inform yourself about the treatment of your personal data.

 

  1. Changes to this Privacy Policy

 

BeS reserves the right to change this Privacy Policy at any time by publishing the updated version on its website.

This Privacy Policy takes effect on November 5, 2020.