Privacy Notice

A. WHO ARE WE?

FOCACCIA, AMARAL E LAMONICA SOCIEDADE DE ADVOGADOS is a Brazilian law firm. Its registered office is located at Rua Gomes de Carvalho, No. 1,507, 4th floor, Vila Olímpia, São Paulo, SP, Brazil, ZIP Code 04547-005 (“FAS Advogados”). The contact email address of FAS Advogados is: [email protected]. Its contact telephone number is: +55 11 3805 0222.

The website fasadv.com.br and the online tools of FAS Advogados (our “Sites”) are owned and operated by FAS Advogados.

FAS Advogados is responsible for the Personal Information (as defined below) collected through the Sites.

In this Privacy Notice, references to “we”, “us” or “our” mean FAS Advogados. References to “you” and “your” refer to users of our Sites.

In this Privacy Notice, “Personal Information” means information relating to you that can be used to identify you personally (directly or indirectly).

B. SCOPE OF THIS PRIVACY NOTICE

This Privacy Notice:

• describes how we collect, use and otherwise process the Personal Information that you provide or make available to us, or that we collect from you, when you use our Sites;
• explains the circumstances under which we may transfer such information to third parties; and
• explains the rights you have in relation to such Personal Information.  

Our Privacy Notice should be read together with any other legal notices or terms and conditions provided to you or made available on other pages of our Sites.

C. HOW, WHEN AND WHY DO WE COLLECT AND USE PERSONAL INFORMATION?

1.  Personal Information we collect

The types of Personal Information that we may collect from you, depending on how you use our Sites, include:

a.    your name;
b.    your email address;
c.    your address (business and personal);
d.    your landline and mobile telephone numbers (business and personal);
e.    any information that you choose to provide when completing a contact form on our Sites;
f.     your opinions, when you choose to complete one of our feedback surveys;
g.    your IP address, login details for Law-Now and/or RegZone, and other technical information that informs us about how you use our Sites;
h.    your geographical location (country/territory where you reside and/or work);
i.      your job title, role and the name of your employer;
j.      the industry sector in which you work;
k.    the country(ies), industry sector(s) and practice area(s) in relation to which you wish to receive communications from Law-Now/RegZone (when you register on the Law-Now/RegZone subscription portals);
l.      the content of your résumé/CV and cover letter (when you apply for a position with us through our Sites);
m.   information relating to sexual orientation, gender identity, and racial or ethnic origin, collected exclusively for recruitment processes related to affirmative action positions.

2. How we use your Personal Information

We may collect Personal Information automatically or receive it directly from you, as follows: 

a. Contact Forms: we may collect your Personal Information that you choose to provide when completing forms on our Sites, including the information referred to in items “a.” – “e.” above. We may use this Personal Information to respond to your inquiries and/or to provide the services and/or information that you have requested.

b. Publications: if you choose to subscribe to the FAS Informa, Law-Now and/or RegZone portal(s), we will use the Personal Information that you provide during the subscription process to set up and maintain your FAS Informa, Law-Now and/or RegZone account and to send you relevant FAS Informa, Law-Now and/or RegZone content by email. This may include information about legal and business matters relevant to your stated preferences. We may also inform you about our events and seminars. Within RegZone, you may choose to receive invitations to our events. If you wish to receive such invitations, you may indicate this by selecting the relevant box in the subscription form.

Your consent to the use of your Personal Information for these purposes is optional. If you decide not to subscribe to FAS Informa, Law-Now and/or RegZone, we will not send FAS Informa, Law-Now and/or RegZone communications, but your use of our Sites will not otherwise be affected.

You may change your FAS Informa, Law-Now and/or RegZone preferences at any time by logging into your account, including opting out of receiving FAS Informa, Law-Now and/or RegZone communications at any time. You can do so by visiting the FAS Informa preference management page under the “publications” tab at www.fasadv.com.br, or the Manage your Law-Now or Manage your RegZone pages, and unchecking all email options. You may also use the “unsubscribe” option included in all FAS Informa, Law-Now and/or RegZone emails. When you unsubscribe, we will keep a record of this, and once your request has been processed you will no longer receive FAS Informa, Law-Now and/or RegZone emails. You will still be able to use our Sites after unsubscribing.

c. Recruitment: if you apply for an internship, associate position or employment opportunity with us, we will process your Personal Information in order to conduct the recruitment process and, where applicable, to carry out the procedures necessary for hiring. We may use a third-party platform to conduct our recruitment processes. In such cases, you should consult the platform’s privacy policy to understand how your Personal Information may be processed by that company. If you are not selected in the recruitment process, you may request the deletion of Personal Information that we are not required to retain by contacting us at [email protected].

d. Surveys: we may ask whether you would like to provide feedback on our services and/or events by completing a survey. Participation is optional. We use survey feedback to assess our performance and to help improve our future services and/or events.

e. Events: if you wish to participate in one of our events, we will ask you to complete a registration form. The registration form will include an explanation of how we process your Personal Information in connection with the relevant event.

f. Newsletters and publications: we will send you publications or newsletters only when you have provided your general consent or expressed specific interest in a particular type of information or legal area. We also process your Personal Information to provide you with personalized and relevant content, updates and invitations (please refer to Section D for further information).

g. Our Business Purposes: we may also use your Personal Information for our business purposes as follows:

• to manage our business;
• to communicate with you;
• to enable corporate transactions;
• for record-keeping, statistical analysis, internal reporting and research;
• to ensure network and information security;
• to notify you about changes to our services;
• to investigate any complaint you make;
• to provide evidence in any current or anticipated dispute between you and us;
• to analyze how our Sites are used;
• to personalize various aspects of our Sites in order to improve your experience;
• to host, maintain and support the operation of our Sites;
• for the detection and prevention of fraud and other criminal activities;
• for risk management purposes;
• for business continuity and disaster recovery purposes (for example, to create backups);
• for document retention and storage purposes;
• for database management purposes;
• to protect our rights, property and/or safety, as well as those of our personnel and third parties; and
• to ensure the quality of the services we provide to our Users.

In addition, we may use your Personal Information for additional specific purposes that will be clearly indicated at the time of collection on specific pages of our Sites.

If you choose not to provide the Personal Information requested by us, we may not be able to provide the information and/or services you have requested, or otherwise fulfill the purpose(s) for which we requested the Personal Information. However, your visit to our Sites will not otherwise be affected.

3. Legal Bases for the Collection and Use of Personal Information

We process your Personal Information when it is necessary to do so:

• to comply with our legal and regulatory obligations;
• to exercise the regular defense of our rights in judicial, administrative or arbitral proceedings;
• to enable the performance of a contract or preliminary procedures related to a contract;
• to pursue our legitimate interests in order to:

* organize events;
* conduct surveys to obtain feedback on our services and/or events;
* carry out recruitment activities for new hires (except where we request your consent, as mentioned below); and
* carry out our internal business purposes, as set out in item 2 above.

We request your consent to process your Personal Information in relation to FAS Informa, Law-Now and RegZone, and in certain cases for recruitment purposes, specifically in connection with hiring processes for affirmative action positions.

We consider the potential impact on your data protection rights in relation to your Personal Information and ensure that processing based on our legitimate interests is not excessive or intrusive. We also implement safeguards to protect your rights, including appropriate retention periods and security controls.

If you would like more information about the legal bases applicable to the processing of your Personal Information for a specific purpose, you may contact us at [email protected].

4. Cookies

When you use our Sites, we will process your Personal Information collected through the use of cookies in accordance with our Cookie Notice.

D. HOW AND WHEN DO WE SHARE PERSONAL INFORMATION WITH THIRD PARTIES?

In order to enable certain functionalities on our Sites, as well as to provide our services, we may share your Personal Information with third parties. We carefully select these third parties and take steps to ensure that, when we share your Personal Information with them, it is adequately protected. Details of how we process Personal Information on our Sites together with third parties are set out below:

1. Marketing Online - Concep Mailer and GoToMeeting

Concep Mailer

In order to provide you with personalized marketing, publications and information about our services, as well as invitations to events, we use Concep Mailer, provided by Concep Group Ltd, based in London, United Kingdom. Concep Group is bound by a data processing agreement with FAS Advogados. All user information, contact information and analytics are hosted by Concep Group on Amazon servers located in the European Union.

Concep enables us to track deliverability, unsubscribe requests, link clicks and downloads of stored materials in order to optimize our email campaigns. If you no longer wish your emails and your usage to be tracked, please inform us by email at [email protected]. Whenever possible, we anonymize IP addresses. Concep Group encrypts emails during transmission.

GoToMeeting (webinars)

GoToMeeting is a webinar platform provided by LogMeIn Corp, and its services in Europe are provided by LogMeIn Ireland Ltd, located in Dublin, Ireland. The content and any Personal Information are processed in order to provide the webinar services. LogMeIn is bound by a data processing agreement with FAS Advogados. We use your Personal Information to track registration, participation and the quality of the webinars. To protect communications, your data is encrypted end-to-end while being transferred between your device and GoToMeeting servers. Details regarding technical security measures can be found in LogMeIn’s "Trust and security center".

ON24 (webinars)

ON24 is a webinar platform provided by ON24 Inc. Personal data is processed in order to provide the webinar services. ON24 Inc. is bound by a data processing agreement. We use your Personal Information to track registration, participation and any feedback relating to the webinars. Details on how the ON24 platform uses your Personal Information can be found in the ON24 Platform Privacy Policy here.

2. Google Tag Manager, Freespee Ceros and Prescreen

Google Tag Manager

Google Tag Manager is a tag management system provided by Google that we use on our Sites. Google Tag Manager allows us to add code and other snippets, such as pixels, to our Sites.

Freespee

Freespee, a service provided by Freespee AB, works together with Google Tag Manager and uses cookies (and similar technologies) to track and analyze user behavior on our Sites.

When a telephone call is initiated through our Sites by a user clicking on the phone icon, Freespee collects the following information about the user making the call: telephone number, IP address or other device address or identifier, the user’s geographic location, web browser and/or device type, the web pages or websites visited immediately before or after visiting our Sites, the pages or other content the user views or interacts with, and the dates and times of the user’s visit. Freespee then shares this information with us.

We use the feedback provided by Freespee to help analyze the effectiveness of our marketing campaigns, including verifying whether a user who clicks on the phone icon actually makes a call to the lawyer whose number he or she selected. For more information about how Freespee processes Personal Information, please refer to the Freespee Privacy Notice available at: https://www.freespee.com/privacy-policy/.

Ceros

Ceros Studio is a service provided by Ceros Crowd Fusion, Ltd. that allows us to publish website content in a magazine-style format and provide a personalized experience for website users. For this purpose, the system tracks users’ IP addresses.

Personal information sharing with CMS Legal, Member Firms and Service Providers

Through an operational cooperation agreement, FAS Advogados is part of the CMS Legal Services EEIG (“CMS Legal”), a European Economic Interest Grouping that coordinates member firms globally (the “Member Firms”). CMS Legal is headquartered at Neue Mainzer Straße 2–4, 60311 Frankfurt, Germany. The contact email address for CMS Legal is [email protected]. Its contact telephone number is +49 69 717 010, its VAT ID number is DE 257 695 176, and it is registered in the Handelsregister A in Frankfurt am Main under registration number HRA 44853.

FAS Advogados may share Personal Data with the Member Firms in order to provide legal services involving foreign laws or where necessary for the purposes described above.

FAS Advogados, CMS Legal and the Member Firms are independent entities. When FAS Advogados shares Personal Information with CMS Legal and the Member Firms, they will also act as controllers of such Personal Information.

FAS Advogados may share your Personal Information with CMS Legal and the Member Firms in the following circumstances:

• if you explicitly request us to do so in an online form;
• if you select the relevant box in Law-Now or RegZone in order to receive information about services and events provided by CMS Legal or the Member Firms;
• where it is necessary to do so in order to provide the services or information you have requested; or
• where it is necessary in order to fulfill the purposes set out in item 2 above.

Our Sites provide sharing buttons that you may click to share content from our Sites on social media channels. We do not use these buttons to share your Personal Information with social media providers. When you click a sharing button, the relevant social media provider will collect Personal Information directly from you. Please review the privacy policy of any social media provider with which you intend to share content before clicking the relevant sharing button.

E. INTERNATIONAL PERSONAL INFORMATION TRANSFERS

The transfer of your Personal Information to third parties, as described in this Privacy Notice, may involve sending your Personal Information outside Brazil in the following circumstances:

• where the transfer is made to countries or international organizations that provide an adequate level of protection for Personal Information, as determined by the Brazilian National Data Protection Agency (Agência Nacional de Proteção de Dados – ANPD);

• where we have implemented appropriate safeguards to ensure the protection of your Personal Information, in accordance with Article 33 of the Brazilian General Data Protection Law (Law No. 13,709/2018 – LGPD); and

• where the situations above do not apply, but we are otherwise legally authorized to do so, for example where the transfer is necessary for the establishment, exercise or defense of legal claims, compliance with a legal obligation, or the performance of a contract.

Full details of the locations of CMS Legal and the Member Firms are listed here.

F. HOW LONG DO WE STORE PERSONAL INFORMATION?

Our policy is to retain your Personal Information for as long as necessary for the specific purpose(s) for which it was collected. However, we may be required to retain certain Personal Information for a longer period where we are legally obligated to do so or for the regular exercise of our rights.

While we continue to process your Personal Information, we will ensure that it is handled in accordance with this Privacy Notice. We will securely delete your information once it is no longer required.

If you would like to know how long we retain your Personal Information for a specific purpose, you may contact us at [email protected].

G. SECURITY

Our Sites are hosted on servers located within the European Economic Area (EEA). We employ appropriate security measures to help protect your Personal Information and prevent access by unauthorized persons. Personal Information is stored on secure computers in a certified and locked data center, and Personal Information is encrypted whenever possible. We conduct periodic reviews of our security policies and procedures to ensure that our systems remain secure and protected. However, as the transmission of data over the Internet is not completely secure, we cannot guarantee the security of Personal Information transmitted to and through our Sites.

H. CONFIDENTIALITY

We recognize that the Personal Information you provide may be confidential. We do not sell, rent, distribute or otherwise commercially make Personal Information available to third parties. We will maintain the confidentiality of and protect your Personal Information in accordance with this Privacy Notice and all applicable laws.

I. YOUR RIGHTS

This section explains your rights as a data subject in relation to your Personal Information. The rights described below are not absolute and each is subject to certain exceptions or qualifications. We will comply with your request only to the extent that, based on our assessment, we are authorized and required to do so under applicable data protection laws. Nothing in this Privacy Notice is intended to grant you rights beyond or in addition to those available to you as a data subject under applicable data protection laws.

J. HOW TO CONTACT US

If you wish to request further information or exercise any of the rights mentioned above, please contact our Data Protection Officer, Danilo Weiller Roque, by sending an email to [email protected]. Please provide as much information as possible to help us identify the information you are requesting, the action you would like us to take, and why you believe such action should be taken.

Before assessing your request, we may ask for additional information to verify your identity. If you do not provide the requested information and, as a result, we are unable to identify you, we may refuse your request.

K. CHANGES TO THIS PRIVACY NOTICE

We may make changes to this Privacy Notice at any time. When we do so, we will publish the updated Privacy Notice on our Sites.