Privacy Policy BHC Advogados Associados – Version 02: May / 2023

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1. INTRODUCTION

1.1. Bhering Cabral Advogados Associados (“BHC”), headquartered in the cities of Rio de Janeiro and São Paulo, is a law firm that provides legal services in various areas of law.
1.2. With the aim of ratifying its respect for the Data Subject's privacy, BHC presents this Privacy Notice and reaffirms its commitment to transparency and the security of the personal data of all people who interact with the firm.
1.3. The purpose of this Privacy Notice is to clarify the general conditions for the collection, use, storage, sharing, deletion and other forms of processing and protection of personal data by BHC, in accordance with the Brazilian legislation currently in force, especially Law No. 13.709, of August 14, 2018 (“General Personal Data Protection Law” or “LGPD”).
1.4. This Privacy Notice may be amended in the future due to the need to adapt to legislative changes or improvement in the services offered by BHC. Therefore, it is recommended that Data Subjects periodically consult this Privacy Notice, which will always be available on the firm's website (www.bhcadvogados.com.br) in its latest version.

 

2. HOW AND WHEN DO WE COLLECT PERSONAL DATA?

2.1. In carrying out its activities, BHC will process personal data within the limits of the services provided by the firm and the relationship established with each Data Subject.
2.2. Personal data will be collected and processed in accordance with the legal bases established in the legislation in force, always observing good faith and the principles of necessity, purpose, adequacy, security, free access, transparency, prevention, data quality, non-discrimination, accountability and reporting.
2.3. Clients' personal data will be collected when contracting the firm's services or during the provision of contracted services, whenever necessary to defend the client's interests.
2.4. Personal data provided by the Data Subjects themselves may also be collected during the selection process for recruiting new employees, admitting a new partner, associate or intern.
2.5. Personal data of service providers or third parties may be collected, when necessary, for the execution of a contract or due to compliance with a legal obligation.

2.6. In the cases listed above, BHC will process personal data as data controller.
2.7. BHC will also process personal data, as operator, when the controller shares the personal data of third parties during the performance of and in connection with the legal services contract signed with BHC.
2.8. Regardless of the origin of the data, processing will be governed by this Privacy Notice.

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3. FOR WHAT PURPOSES DO WE COLLECT, PROCESS AND STORE PERSONAL DATA AND WHAT LEGAL BASIS IS USED?

3.1. In the provision of legal services, to meet the legal demands of BHC's clients and within the limits of the service contract, when registration data and personal data are used, and sensitive data may also be used, if necessary, for the execution of the contract.
3.2. The processing of your personal data will be carried out by BHC based on one of the following hypotheses: (i) compliance with legal or regulatory obligations; (ii) execution of a contract or preliminary procedures related to the contract, (iii) regular exercise of rights; (iv) legitimate interest; or (v) with the consent of the Data Subject.

 

4. SHARING OF DATA WITH THIRD PARTIES

​4.1. Whenever necessary, data will be shared with third parties in accordance with the purpose of the personal data and as authorized by applicable legislation.
4.2. The purpose of sharing is to enable the activities carried out by BHC, comply with legal requirements and improve the quality of the services provided, always based on the principles of necessity, purpose, adequacy, security and transparency.
4.3. BHC may share personal data with partners and other entities that provide the firm with services that assist with internal functions and compliance with legal or regulatory obligations.
4.4. Data may be shared with:

• Third-party software platforms and tools for the purpose of managing the provision of services offered by BHC;

• Partner companies and suppliers in the development of services aimed at the Data Subject, including companies responsible for updating and maintaining the quality of our clients' data;

• Tax authorities and governmental, police and judicial bodies for the purpose of responding to complaints, investigations, judicial measures and legal proceedings; as well as complying with legal, regulatory and tax obligations;

• Correspondents, experts, advisors, partner firms, auditors, accountants and translators, to assist in the provision of legal services.

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5. RIGHTS OF PERSONAL DATA SUBJECTS

5.1. Law No. 13.709/2018 guarantees certain rights to Data Subjects, which may be exercised at any time. Upon receiving the request, we will assess the request and inform, within a reasonable period of time, in a well-founded manner, whether or not the request can be fulfilled.
5.2. The Data Subject has the right to obtain from the controller: (i) confirmation of the processing of their personal data; (ii) facilitated access; (iii) correction of incomplete, inaccurate or outdated data; (iv) anonymization, blocking or deletion of data that is unnecessary, excessive or processed in breach of the law; (v) portability of data to another service or product provider; (vi) deletion; (vii) information on sharing; (viii) information on the possibility of not providing consent and the consequences of refusal; (ix) revocation of consent; and (x) right to petition the National Data Protection Authority (ANPD).

 

6. CROSS-BORDER DATA TRANSFER

​6.1. BHC may transfer personal data to service providers located abroad, including cloud service providers. When personal data are transferred outside Brazil by BHC, the Firm will take appropriate measures to ensure adequate protection of personal data in accordance with the requirements of applicable data protection laws.

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7. STORAGE TIME OF PERSONAL DATA
7.1. BHC will keep personal data for as long as necessary to fulfill the purposes for which we collected such data. This means that they will also be stored for the purpose of complying with legal and contractual obligations or requests from competent authorities.
7.2. We store and maintain your information: (i) for as long as required by law; (ii) until the end of the processing of personal data, as mentioned below; (iii) for as long as necessary to preserve the legitimate interest of BHC and its clients, as applicable; (iv) for as long as necessary to safeguard the regular exercise of the rights of BHC and its clients in judicial, administrative or arbitration proceedings. Thus, we will process your data, for example, during the applicable limitation periods or for as long as necessary to comply with a legal or regulatory obligation.
7.3. The processing of personal data will cease in the following cases: (i) when the purpose for which the Data Subject's personal data were collected is achieved and/or the personal data collected is no longer necessary or relevant to achieving such purpose; (ii) when the Data Subject has the right to request the termination of processing and the deletion of their personal data and does so; and (iii) when there is a legal determination in this regard. In such cases where the processing of personal data ends, except in the cases established by applicable legislation or by this Privacy Notice, the personal data will be deleted.
7.4. There are circumstances that may restrict the exercise of some rights provided for by law, such as, for example, to comply with some legal or regulatory obligation or to guarantee, if necessary, the defense of BHC in any judicial or administrative proceedings.

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8. PROTECTION OF PERSONAL DATA, SECURITY OF STORED DATA AND SENDING OF EMAILS BY BHC

8.1. The security of personal data is one of BHC's main concerns. To protect personal data, we use measures to ensure the confidentiality of all data collected.
8.2. BHC adopts technical and organizational measures, using good market practices as a parameter and has security measures in physical, electronic and administrative areas that protect personal data and information. These protection measures help us prevent fraud and unauthorized access to information, as well as maintain data integrity.
8.3. All members of the BHC structure who have access to personal data collected are bound by a duty of confidentiality and are instructed to act in accordance with this Privacy Notice.
8.4. The security of your data also depends on you. It is therefore important that Data Subjects protect their data from unauthorized access.
8.5. BHC does not send electronic messages requesting confirmation of personal data via email or that contain executable attachments or links for downloads.
8.6. For this reason, we are not responsible for any fraudulent electronic communications that collect personal data. Regarding emails received, we recommend checking the content of the entire email before accessing any web address or clicking any link.

8.7. BHC may send emails to its clients, partners or third parties who have, in any way, related to BHC, containing institutional communications, memos or bulletins, invitations to events, news or content that it may consider relevant, as well as to carry out satisfaction surveys and feedback about services and initiatives. At the bottom of such messages, there is an option to unsubscribe from the distribution list.

 

9. WEBSITE AND USE OF COOKIES

9.1. BHC does not use cookies on its website to collect personal or browsing information.
9.2. Users can access the information available on the website without having to identify themselves.
9.3. BHC’s website may contain links to third-party websites. These websites have their own privacy notices, which are not the responsibility of BHC. We therefore recommend that you consult the respective privacy notices of these third-party websites for information on their personal data protection practices.

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10. DATA PROTECTION OFFICER

10.1 During the period of storage of personal data, BHC will appoint a person responsible for the processing of personal data, pursuant to art. 41 of the General Personal Data Protection Law.
10.2. Below we identify the Data Protection Officer appointed by BHC:

Name: Vivian Azevedo
E-mail: [email protected]
Address: Rua do Passeio, nº 70, 13º andar, Centro, Rio de Janeiro/RJ, CEP: 20021-290.
 

10.3 Any complaints or communications from Data Subjects must be addressed to the DPO via the above email address. The DPO is duly authorized by BHC to provide clarifications and adopt measures regarding the processing of personal data by the firm.