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Privacy Policy

PRIVACY NOTICE

RIVITTI E DIAS SOCIEDADE DE ADVOGADOS

WHEN ACCESSING OR ENROLLING AT THE SITE HTTPS://WWW.RIVITTIDIAS.COM.BR/ (“Platform”) TO SUPPLY PRODUCTS OR SERVICES, RELATE WITH AND/OR DIRECTLY AND/OR INDIRECTLY USE THE SERVICES (Services) RENDERED BY DE RIVITTI E DIAS – SOCIEDADE DE ADVOGADOS, A PRIVATE LEGAL ENTITY WITH HEAD OFFICE AT RUA PADRE JOÃO MANUEL,. 755, 14TH FLOOR, SÃO PAULO – SP, CEP 01.411-001, ENROLLED ON THE CNPJ/ME UNDER NO. 08.741.956/0001-56 (“Firm”), YOU DECLARE YOUR AWARENESS AND FULL UNDERSTANDING OF THE TERMS OF THE PRESENT PRIVACY NOTICE (“Privacy Notice”).

For the purpose of this Privacy Notice, “Data Subject” means any individual who accesses the Platform and/or relates directly or indirectly with the Firm. The Firm, in the majority of situations, is the “Controller”, with responsibility for the decisions regarding the treatment of personal data carried out directly and/or indirectly by the Firm.

Among the individuals that can relate with the Firm and be considered Data Subjects are: candidates for employment, clients, legal representatives, suppliers, opposing parties, interested third parties and corresponding lawyers, among others.

If you are using the Platform and/or relating with the Firm on behalf of a legal entity and/or person, you guarantee you are authorized and have all the powers necessary to examine and accept this Privacy Notice on behalf of the respective legal entity and/or person, as well as guarantee that the legal entity and/or person that you represent agrees to indemnify the Firm for any violation of this Privacy Notice committed by you.

If the Platform and/or the Services of the Firm are in any way used by minors (under the age of 18 years), the treatment of the personal data of such minors must be authorized by those legally responsible for them, who must be aware of and in agreement with the terms of this Privacy Notice.

1. THE PLATFORM AND SERVICES

The Firm renders legal services with specialization in the tax area, both consulting and representation in litigation.

The Platform is a site that permits the Data Subjects to enroll with and send requests for information to the Firm.

2. DATA PROTECTION OFFICER

The Firm has appointed the individual identified below to the position of “Data Protection Officer”, who will be responsible for supporting and orienting the Data Subjects in all questions related to this Privacy Notice or the treatment of personal data carried out by the Firm, as well as acting as a channel for communication between Data Subjects, the Firm and the National Data Protection Authority.

Name: José Carlos da Matta Rivitti
E-mail: [email protected]
Telephone: (11) 3568-3168

3. TREATMENT OF DATA

To access and utilize the Platform and/or relate with the Firm, the Data Subject must provide certain information to the Firm, which is essential for the functioning of the Platform and/or for the activities of the Firm. Therefore, the following personal data may be collected and treated as necessary for the activities of the Firm (including in function of legal or regulatory obligations):

If the Data Subject is seeking information from the Platform (“Contact” with the Site):

  • Name;
  • E-mail;
  • Telephone;
  • Message

If the Data Subject is a Client of the Firm:

    • Name;
    • E-mail;
    • Address;
    • Telephone;
    • ID;
    • CPF [List of Natural Persons];
    • Nationality;
    • Profession;
    • Marital Status;
    • Income Tax Return (when applicable);
    • Investments (when applicable);
    • Bank Data;
    • CNPJ [National Registry of Legal Entities] (in the case of MEI [Individual Microentrepreneur] or EIRELI [limited liability sole proprietorship]);
    • Data on dependents (when applicable); and
    • Data that may be contained in lawsuits to which the Firm has access.

If the Data Subject is a supplier, corresponding lawyer or individual provider of services to the Firm:

  • Name;
  • ID;
  • CPF;
  • OAB [Brazilian Bar Association] enrollment number (in the case of corresponding attorneys)
  • Telephone;
  • E-mail;
  • Address (when applicable)
  • Bank Data; and
  • CNPJ (in the case of MEI or EIRELI).

If the Data Subject is an employee or legal representative of a Client:

  • Name;
  • CPF;
  • E-mail; and
  • Telephone.

If the Data Subject is the opposing party to a client:

  • Name;
  • RG;
  • CPF;
  • Address;
  • E-mail (when applicable); and
  • Data that may be contained in lawsuits to which the Firm has access.

If the Data Subject is a candidate for employment by the Firm:

  • Name;
  • E-mail;
  • Birth Date; and
  • Résumé (with information selected solely by the Data Subject).

When accessing or using the Platform and/or the Services, you as Data Subject are aware – as an individual, and whenever applicable also as the representative of a minor or legal entity – of the treatment of the data indicated above, as well as declare that in supplying data of third parties, personal or not, in the Platform (directly of by insertion of documents containing such data) and/or to the Firm, the supply of that data is in accordance with the terms of applicable legislation and does not violate the rights of third parties, thus assuming liability for any complaint or loss resulting from treatment of the personal date inserted by you in the Platform (directly of by insertion of documents containing such data) and/or in any way supplied to the Firm.

The Firm may also obtain your data when you use other Services of the Firm and/or its respective affiliates (e.g., events, alumnus activities, etc.).

The Firm also may collect personal data of the Data Subject from databases of third parties, which may or may not be public. The Firm can combine these data with the existing information the Firm has regarding the Data Subject or use them independently.

4. PURPOSE AND USE OF DATA

The present Privacy Notice lists below the main situations when – and the purposes for which – the data of the Data Subjects along with the data of third parties in any way collected by the Firm, shall be used:

Services: The Firm will use personal data to: (a) prepare proposals and contracts for provision of services; (b) render tax consulting services, as well as prepare income tax returns of Clients and responses in audits; (c) prepare legal documents; (d) represent Clients in judicial and administrative proceedings; (e) perform due diligence; (f) issue bills and make payments; (g) analyze the résumés of candidates in selective hiring processes; and (h) organize events, conferences and presentations involving Clients or third parties.

Use of the Platform: The Firm will use the personal data to: (a) facilitate the identification of the Data Subject in the Platform; (b) assure the necessary interactivity of the Platform; and (c) operate and improve the Platform.

Communication: The Firm will use the personal data of the Data Subjects to contact them as well as to send notices, messages and/or reminders. The Firm may send to the Data Subjects communications about the availability of the Platform, about the solutions made available by the Firm, about the security of the Platform or other questions in any way related with the Platform, Services and/or Firm, such as messages about how to use the Services and solutions or information about updates that may be available.

Publicity:The Firm may use the personal data to send marketing e-mails, including newsletters, related to the Platform, Services, Firm and/or its professionals. If a Data Subject no longer wants to receive announcements, that Data Subject should contact the Data Protection Officer to report the desire to cease receiving such communications.

Activities of Data Subjects in the Platform: The Firm records information on access to and use of the Platform when the Data Subjects in any way access or use the Platform. The Platform utilizes the access information, cookies, information on the device and IP (Internet Protocol) addresses to identify the Data Subjects or to register their uses or activities involving the Platform.

Storage and Backup: The Firm makes security copies of the information regarding the Platform, Services and Firm, which can include personal data.

5. COOKIES AND SIMILAR TECHNOLOGIES

The Platform may use cookies or other similar technologies to help personalize the experience of the Data Subjects. Cookies are small text files stored in the memory of your computer. A cookie contains information that can be read subsequently by a server associated with the domain name that issued that information. The information that the cookies collect include, among other aspects, the date and time of the visits by the Data Subjects, their navigation history at the site, etc.

The cookies bring various benefits, since they enable identifying longtime Data Subjects when they return to the Platform, allowing the direction of personalized content and/or services and similar products to them. The cookies also save time by making it unnecessary to insert the same information repeatedly in the Platform.

The cookies that can be used by the Platform can be classified in various ways:

Regarding validity period:

  • Temporary: They are temporary when they only last until the web page or navigator is closed. Such cookies can be used for the user to continue navigating and not lose the content that was accessed, to analyze patterns of internet traffic and to improve the experience and contextualize the content to users.
  • Permanent: They persist even after the navigator has been closed. They can be used to recall login information and passwords of users or to guarantee a better experience to users among different sessions.

Regarding ownership:

  • Own: These cookies belong to the Firm, which has control over them.
  • Third Party: They belong to third parties, but are inserted in the devices of users in relation to the services offered by the Platform.

Regarding purpose:

  • Necessary: They are essential to permit users to utilize the Platform and the respective Services, which could not be correctly offered without these cookies. They are usually Session or Own cookies.
  • Performance: They collect information about how users utilize or interact with the Services offered by the Platform, allowing recognition of their profiles and counting the number of visits and interactions. They are generally in the Own category.
  • Functionality: They permit the Platform to remember the choices made by users (such as logins and language) and allow providing more personalized experiences, besides enabling customization (when available). The respective information can be anonymized (transforming the cookies into anonymous data) and do not track the activities outside the sites, applications and Services offered by the Platform. They are generally Own and Permanent cookies.
  • For analysis and/or publicity: They permit advertisers on the Platform to deliver advertisements and information that are more relevant to users. They are also used to limit the number of times a user sees determined ads and to measure the effectiveness of publicity campaigns. Such cookies remember determined preferences of users and are employed to help track their profiles aiming to improve users’ experiences. They are generally Permanent, but can also be classified as Third Party.
  • Social Networks: They allow users to connect to social networks such as LinkedIn, Facebook and Instagram. They are generally Permanent and Third Party cookies.
  • Security: They help the Platform to monitor fraudulent activities and protect users’ data in situations of unauthorized accesses. They are generally Permanent and Third Party cookies.
  • Statistics: They store information such as the number of visitors to the Platform, the number of single users, the pages visited, the origin of the visits, etc. The data treated via these cookies help to understand and analyze the performance of the Platform and help the Firm to identify potential improvements.

Additionally, the Platform can also use plug-ins of social networks, such as Twitter, Facebook, YouTube, LinkedIn and Instagram. When you access the Platform, the navigator establishes a direct connection with the servers of these social networks. The plugin content, which is a small software fragment, is transferred by the social network directly to your navigator, which then integrates the Platform.

The Platform can also utilize web beacons (also called web bugs, pixel tags or transparent GIFs) to collect and maintain aggregate data (such as the number of visitors), to help the Platform to identify the areas that are accessed the most by users and improve and update the Platform’s content.

6. DURATION OF THE DATA TREATMENT

The personal data will be treated by the Firm as long as the purposes indicated in this Privacy Notice last and/or there is a need to maintain them, such as, for example, the need to respect the legal time limits for safekeeping, including those described in Law 12,965/14 (Internet Civil Framework) and Decree 8,771/16, or for compliance with other applicable legal or regulatory obligations.

After the end of the purpose or legal need, the data will be excluded by secure deletion methods, or anonymized for mere use for statistical purposes.

7. REPRESENTATIONS AND WARRANTIES OF DATA SUBJECTS

The Data Subject hereby represents and warrants that in making data available, including the personal data of third parties, in the Platform and/or to the Firm (directly or by insertion or existence in documents containing such data), he/she:

  • has previously informed the respective third parties and taken all measures necessary for the third parties to be aware of the treatment of their personal data by the Firm;
  • in the case of insertion of personal data of minors, has notified and obtained previous consent of the legally responsible parties regarding the treatment of such data by the Firm;
  • in the case of insertion of sensitive personal data (racial or ethnic origin, religious conviction, political opinion, parenthood, union or religious organization membership, philosophy, data regarding health or sexual life, genetic or biometric data, when associated with a single natural person, etc.), has notified and obtained previous consent of the Data Subjects of such data regarding their treatment by the Firm; and
  • attests that the information provided to the Platform, including personal data, are complete, true and current, and do not violate any rights of third parties or applicable legal rules.

If the representations made above are not totally correct and/or the obligations hereby assumed have not been adequately satisfied, the Data Subject assumes responsibility exclusively and fully for any losses caused to the Firm or any third parties.

The Data Subject assumes responsibility for the activities executed on the Platform or for the information, including personal data, inserted in the Platform (directly or by insertion of documents containing such data) and/or made available to the Firm.

In the event the Firm is sued, at any time, due to facts or acts whose responsibility is attributed to the Data Subject under the terms of this Privacy Notice, the Data Subject, along with the minor, entity or company he/she represents, shall be jointly and severally liable and must: (a) intervene voluntarily in the case, seeking immediate exclusion of the Firm from the case, (b) assume full and exclusive liability for payment of the losses and/or performance of the measures sought, and (c) reimburse the Firm in full for any costs and expenses incurred as a consequence of the suit. If the referred exclusion does not occur, the Data Subject, minor and/or entity or company that the Data Subject represents shall be liable for the payment in full and compliance with the decision, or if applicable, must immediately reimburse the Firm.

8. DATA SHARING

The present Privacy Notice indicates below the situations in which the personal data of the Data Subjects, as well as the personal data of any third parties that in any way are inserted in the Platform by the Data Subjects, will be shared by the Firm:

Corporate transactions: In the event of any transaction involving corporate restructuring, such as mergers, acquisitions and the like, the Firm can share or even transfer information, including personal data of the Data Subjects and third parties, to the natural or legal persons in any way involved in the transaction.

Third parties: The Firm may share information, including the personal data of the Data Subjects, with public authorities for the exercise of their functions and services, such as appellate courts, Federal Revenue Service etc.

Commercial partners and service providers: The Firm may share information, including personal data of the Data Subjects and third parties, with companies, organizations or individuals that render services on behalf of the Firm, such as to implement security measures, provide software and/or establish repositories as necessary to the Firm’s activities, etc. These companies will receive permission only to obtain the information necessary to render the service adequately and can be obliged to maintain the confidentiality of the information.

Security and prevention of fraud: The Firm may disclose or share information, including personal data of the Data Subjects and third parties, if it believes in good Faith that the access, use, conservation or disclosure of such information is reasonably necessary to (a) detect or prevent fraud, as well as to resolve technical questions or security questions; and (b) guarantee the security of the Platform, Firm, Data Subjects and third parties. In such case, the data and information may be shared with third parties responsible for the investigation, including judicial bodies, information technology authorities and companies or information security companies.

Lawsuits and investigations: The Firm may disclose or share information, including personal data of the Data Subjects and third parties, with public authorities and/or bodies, regulatory agencies, legal authorities (e.g., regional tax offices), consumer defense bodies, bodies of the government or judiciary and/or lawyers in the following cases: (a) to comply with a judicial decision or governmental solicitation; (b) to safeguard rights and prevent liabilities of the Firm; (c) to investigate, impede or take measures related to illegal activities, suspected or real, or to cooperate with public bodies; and (d) to investigate possible violations of rights of the Firm and/or third parties.

Compliance with legal or regulatory obligations: The Firm may disclose or share information, including personal data of Data Subjects and third parties, to comply with legal or regulatory obligations or any other determination of governmental and judicial bodies, including, without limitation, ministries and/or secretariats of the government, federal regulatory agencies and/or legal authorities (e.g., Federal Revenue Service), consumer defense bodies, judicial bodies and others.

9. TREATMENT AGENTS

Any company, public or private entity, authority, body, agency and/or person that has access to the personal data of the Data Subjects and/or third parties, according to the situations specified in the chapter “Data Sharing”, shall assume the position of treatment agent and will be obliged, under the terms of applicable legislation and/or the contracts signed with the Firm, to adopt the best security and governance practices with regard to protection and treatment of the personal data to which it has had access.

10. INFORMATION SECURITY

Information security is very important for the Firm. The Firm follows the security standards of the sector to help protect the information inserted in the Platform or in any other way obtained by the Firm. However, no electronic storage method exists that is totally secure. THEREFORE, DESPITE THE BEST EFFORTS OF THE FIRM TO PROTECT INFORMATION, INCLUDING PERSONAL DATA, WE CANNOT GUARANTEE ABSOLUTE SECURITY.

The Firm stores the personal data of the Data Subjects and third parties in a secure environment, and undertakes to adopt all reasonable administrative and technical measures to prevent losses, abuses, alterations or unauthorized access involving these data.

11. LINKS

The Data Subject agrees not to hold the Firm liable for losses, damages or other problems of any type that can arise from utilization of websites that contain links to the Platform or whose links are available in the Platform, as well as being aware that such websites may not adopt adequate practices regarding treatment of personal data and privacy of the Data Subjects.

12. CONTROL OF YOUR DATA

The Firm makes available means for the Data Subjects to access, correct or modify data inserted by them in the Platform and/or made available to the Firm and to request the correction, deletion or modification of their personal data. The options of the Data Subjects regarding personal data are indicated below:

Confirmation of the existence of treatment: The Data Subjects of personal data may request confirmation of the existence of treatment of their personal data.

Right to access data: The Data Subjects of personal data may request a copy of the treated data, which shall be made available in legible electronic format.

Alteration or correction of data: The Data Subjects of personal data may request updates, alterations or corrections of their data in determined cases, especially regarding data that are incorrect or outdated.

Exclusion, blocking and/or anonymization of data: The Data Subjects of personal data may request the exclusion of their data from the Platform and repositories of the Firm without the need to present any justification, as well as to solicit the exclusion, blocking and/or anonymization of the referred personal data.

Portability: The Data Subjects of personal data may request the portability of their data to another supplier of services or products.

Information about data sharing: The Data Subjects of personal data may request that information be identified about the public and/or private entities with which the Firm shares their personal data.

Information about consent: The Data Subjects of personal data may request information about the possibility of not providing consent in specific situations and about the consequences of not providing such consent.

Revocation of consent: For cases in which Data Subjects grant consent to the Firm to treat their personal data, the Data Subjects may at any time revoke this consent.

Channels for exercise of rights: To exercise the rights listed above, the Data Subjects of personal data must submit a request to the Data Protection Officer. The referred request must include: (a) the personal details of the Data Subject (full name and e-mail); (b) specification of the measure the Data Subject of personal data is seeking in relation to his/her personal data; and (c) as the case may be, specification of the data covered by the request. Within 15 days, unless the law establishes a different time limit, the Data Protection Officer shall respond to the request of the Data Subject of personal data: (a) reporting compliance with the request; (b) presenting a justification if it is not possible to comply with the request; or (c) estimating a new time limit to satisfy the request and justify the extension of the time limit.

Situations may exist where the Firm will need to maintain or may be unable to alter personal data, and for this reason will be unable to satisfy in full the requests made related to the rules specified above (e.g., when maintenance of personal data is necessary for compliance with legal obligations or a court order).

The Data Subject must immediately inform the Firm, via the Data Protection Officer, when the cooperation of the Firm is necessary to alter, update, complement, correct or delete personal data that were made available in the Platform and/or to the Firm. The Data Subject must provide all the relevant information so that the Firm can take the necessary measures within a reasonable time frame.

13. CLAIM OF RIGHTS

If a Data Subject of personal data believes that the Platform and/or the Firm violate his/her rights and/or privacy, including by the treatment of personal data, he/she must report this to the Firm via the Data Protection Officer.

Nothing written in this Privacy Notice has the intention of excluding or limiting any condition, guarantee, right or responsibility that cannot be legally excluded or limited. Some jurisdictions to not permit the exclusion of certain guarantees or conditions, or the limitation or exclusion of civil liability. Consequently, only the limitations permitted by law in the respective jurisdiction will apply to you.

14. CROSS-BORDER TRANSFER OF DATA

THE FIRM PROCESSES DATA, INCLUDING PERSONAL DATA, IN BRAZIL AND OTHER COUNTRIES, INCLUDING THE UNITED STATES. IT IS POSSIBLE THAT SOME COUNTRIES HAVE LAWS THAT ARE LESS PROTECTIVE OF PRIVACY AND/OR PERSONAL DATA, OR HAVE NO SPECIFIC REGULATIONS ON THE MATTER.

YOU ARE AWARE AND AGREE THAT YOUR PERSONAL DATA AND THE PERSONAL DATA OF THIRD PARTIES INSERTED BY YOU IN THE PLATFORM OR MADE AVAILABLE TO THE FIRM MAY TRANSIT IN, OR RECEIVE TREATMENT IN, OTHER COUNTRIES.

15. ALTERATIONS, VALIDITY AND DURATION OF THE CLAUSES

Any waiver or alteration of the provisions of this Privacy Notice shall only be effective if presented in writing and signed by the legal representatives of the Firm. If any provision of this Privacy Notice is annulled or considered inapplicable, the other provisions, whenever possible, will remain valid and in force.

The Firm reserves the right to alter this Privacy Notice, as well as any policy or document, at any moment and at its exclusive discretion.

The alterations shall take effect at the moment of the respective publication in the Platform. The use of the Platform, the Services or the maintenance of the relationship with the Firm after the publication shall be deemed awareness of possible alterations of this Privacy Notice. Therefore, we advise the Data Subjects to reread the Privacy Notice frequently.

In the event of divergence between the content of this Privacy Notice and that contained in other document(s) signed between the Data Subject and the Firm, the content shall always prevail of the other document(s) signed by the Data Subject.

16. LEGISLATION, LITIGATION AND DISPUTES

Any dispute related to this Privacy Notice must be filed in the Court District of São Paulo, State of São Paulo, Brazil, which shall prevail over any other forum, no matter how privileged, to be judged exclusively according to the laws of the Federative Republic of Brazil.

17. QUESTIONS AND CLARIFICATIONS

Questions, requests, complaints and comments about the Platform or this Privacy Notice may be addressed to the Data Protection Officer.

Última atualização: 27 de setembro de 2023

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