Privacy Policy

FittipaldiGômara Advogados, on its own behalf, and its employees, committed to the privacy and protection of Personal Data and documents entered by external and internal users (hereinafter “Data Subjects”) into the various databases of FittipaldiGômara Advogados, including its websites and physical documents in its custody, acting as Data Controller with respect to such Personal Data, hereby establishes this Privacy Policy.

APPLICABILITY
This Privacy Policy applies solely and exclusively to the clients and Data Subjects of FittipaldiGômara Advogados.

GOVERNING LAW AND JURISDICTION

This Privacy Policy shall be governed by and construed in accordance with Brazilian law, specifically Law No. 13,709/18 (General Data Protection Law or ‘LGPD’) and Law No. 12,965/14 (“Civil Rights Framework for the Internet”).

DEFINITIONS

For the purposes of this Privacy Policy, the following definitions apply:

• Data Subject: a natural person (customers, employees, partners, suppliers, and service providers) to whom the Personal Data being processed relates;
• Personal Data: information relating to an identified or identifiable natural person. This shall include, for example, name, address, email, phone number, debit/credit card number, IP address, and geolocation data;
• Sensitive Personal Data: a special category of Personal Data relating to racial or ethnic origin, religious beliefs, political opinions, membership in a trade union or an organization of a religious, philosophical, or political nature, health or sexual life, and genetic or biometric data pertaining to a natural person;
• Anonymized Data: information that, either alone or in combination with other Anonymized Data, does not allow for the identification of a person, considering the use of reasonable technical means available at the time of its Processing. This shall include gender, age, and general geolocation (such as the city where you are located) and statistical data;
• Database: a structured collection of Personal Data, stored in one or more locations, in electronic or physical form;

• Processing of Personal Data: any operation performed on Personal Data, such as those relating to: the collection, production, receipt, classification, use, access, reproduction, transmission, distribution, Processing, filing, storage, disposal, evaluation, or control of information, modification, communication, transfer, dissemination, or extraction;
• Anonymization: the use of reasonable technical means available at the time of Processing, through which data loses the possibility of being associated, directly or indirectly, with an individual;
• Consent: a free, informed, and unambiguous expression by which the Data Subject agrees to the Processing of their Personal Data for a specific purpose;

• Controller: a natural or legal person, under public or private law, responsible for decisions regarding the Processing of Personal Data;
• Data Processor: a natural or legal person, under public or private law, that performs Personal Data Processing on behalf of the Controller;
• Data Protection Officer (DPO): a person appointed by the Controller and Data Processor to act as a communication channel between the Controller, Data Subjects, and the National Data Protection Authority (ANPD);
• User: individuals who access or interact with activities offered on the websites owned by FittipaldiGômara Advogados and companies within its business group, whether under its direct or indirect control.

PURPOSE OF THE PRIVACY POLICY

The purpose of this Privacy Policy is to inform the Data Subjects of the guidelines for the collection, Processing, storage, and protection of physical and digital information and documents, (hereinafter “Personal Data”), collected by FittipaldiGômara Advogados or on its behalf, or entered directly by their Data Subjects (external and internal) on its digital and physical platforms, clarifying how their Personal Data shall be processed, as well as what their rights are and how they shall be exercised.

PROCESSING OF PERSONAL DATA

The data collected by FittipaldiGômara Advogados shall be subject to Processing and shall comply with the principles set forth in the General Data Protection Law, always in good faith, and shall be incorporated into the corresponding physical and electronic records (hereinafter, “Records”) or into Databases over which FittipaldiGômara Advogados shall act as Controller.

FittipaldiGômara Advogados clarifies that the Personal Data collected shall be processed only when there is a legitimate purpose and objective, with the Data Subject’s consent or as provided by law, including when necessary to meet the legitimate interests of FittipaldiGômara Advogados, provided that such interests do not conflict with the rights and the Data Subject’s fundamental rights that require the protection of Personal Data.

Data that undergoes an anonymization process (“Anonymized Data”) during its Processing shall not be considered Personal Data for the purposes of this Privacy Policy, since it loses the possibility of being associated, directly or indirectly, with an individual, in accordance with applicable law.

PURPOSE OF PERSONAL DATA PROCESSING

The Processing of Personal Data by FittipaldiGômara shall be conducted to comply with legal or regulatory obligations, for Legitimate Interests, and for the performance of contracts to which the Data Subject is a party.

TYPES OF PERSONAL DATA THAT SHALL BE COLLECTED AND PROCESSED

• Registration and/or contact information;
• Professional and/or legal information;
• Identification data generated by official agencies;
• Financial/payment information;
• Data regarding the Data Subject’s preferences (e.g., data based on internet browsing on our own or related websites).

METHODS OF COLLECTING PERSONAL DATA

• Provided directly by the Data Subject or their legal representatives: Personal Data entered, physically provided, or submitted when accessing one of our channels (websites or apps) or when making inquiries regarding, applying for, and/or contracting products and/or services provided by FittipaldiGômara Advogados;
• Collected directly by FittipaldiGômara Advogados with the Data Subject’s consent: data collected during commercial processes, communication campaigns, or through authorized third parties, whether or not related to the prospecting and sale of products and services by FittipaldiGômara Advogados;
• Provided by contracted third parties: Personal Data received from third parties acting in partnership with FittipaldiGômara Advogados, such as service providers that enrich the information collected directly by FittipaldiGômara Advogados, provided that expressly authorized by the Data Subject;
• Collected from public databases: data from public databases made available by authorities (such as the Federal Revenue Service, for example), credit institutions, or credit protection agencies, or data made explicitly public by the Data Subject, such as on websites or social media, while safeguarding the Data Subject’s fundamental rights and freedoms that require the protection of Personal Data;
• Collected automatically: automatic collection of information associated with personally identifiable information, using technological tools such as cookies, with the Data Subject being fully informed. Examples of data collected automatically include: your IP address, the date and time of website use, your location, information about your device, and information about your browsing habits.

PERIOD OF PROCESSING OF PERSONAL DATA

Personal Data shall be processed for the entire period:

• During which the Data Subject is accessing the FittipaldiGômara Advogados website;
• As required by law or specific regulations;
• As necessary to fulfill the purposes;
• To enable the Firm or clients to exercise their rights in judicial, administrative, or arbitration proceedings, or during audits; and
• As determined by a competent authority.

CESSATION OF DATA PROCESSING

The Processing of Personal Data shall cease when:

• The purpose has been achieved or when your Personal Data is no longer necessary or relevant to the specific intended purpose;
• In the case of Personal Data provided directly by you, upon your request;
• There is a determination by a national authority.

DATA SUBJECTS’ RIGHTS

Data subjects are guaranteed the fundamental rights to freedom, privacy, and confidentiality, and are assured ownership of their Personal Data contained in physical and electronic records, files, records, and other related information and documents that are archived and under the direct responsibility of FittipaldiGômara Advogados or its service providers duly contracted for this purpose, as well as regarding their respective sources, provided that certain services provided on the websites shall contain specific terms and conditions regarding data protection.

The Data Subject also has the following rights, specifically regarding their Personal Data, in accordance with current legislation:

• Right to confirm the existence of Processing of their Personal Data;
• Access to their Personal Data;
• Rectification of their incomplete, inaccurate, or outdated Personal Data;
• Anonymization, blocking, or deletion of their Personal Data that is unnecessary, excessive, or processed in violation of applicable law;
• Portability of their Personal Data to another service or product provider, upon express request, in accordance with the regulations of the national authority, subject to commercial and industrial secrecy;
• The right to Erasure of Personal Data Processed on the basis of Consent, except where otherwise required by law;
• Information regarding the public and private entities with which FittipaldiGômara Advogados has shared their Personal Data;
• Information regarding the option to withhold consent and the consequences of doing so; and
• Withdrawal of consent for the Processing of their Personal Data, in accordance with applicable law.

CONTACT CHANNEL FOR THE DATA PROTECTION OFFICER (DPO)

To ensure that the Data Subject can exercise these rights regarding their Personal Data, FittipaldiGômara Advogados, in compliance with legal provisions, has a Personal Data Governance department, led by its designated Data Protection Officer, Artur Marques, accessible solely and exclusively through the following direct contact channel:

Contact email: contato@fittipaldigomara.com.br

The Data Subject shall submit a formal request at any time through the channel above and/or any other channels made available for this purpose and duly communicated, and the request shall be addressed promptly, in accordance with legal deadlines.

PERSONAL DATA PROTECTION MEASURES

FittipaldiGômara Advogados adopts all legal security measures to protect Data Subjects’ Personal Data, including internal reviews of our data collection, storage, and Processing practices and security measures, as well as encryption and physical security measures.

Any Data Breach likely to result in a risk or harm to Data Subjects shall be reported to the ANPD (National Data Protection Authority) in accordance with the timeframes established under applicable law.

DATA SHARING AND DISCLOSURE

Personal Data shall be shared, in the cases provided for by law and/or with the prior consent of the Data Subject, with other companies within the same group, its Controller or subsidiary companies, directly or indirectly, through its subsidiaries and affiliates, always in accordance with the same purposes indicated in this Policy and in applicable law.

Additionally, FittipaldiGômara Advogados shall disclose Personal Data to third-party Processors and suppliers duly contracted and authorized for this purpose (“Data Processors”), subject to contractual safeguards to ensure the security of Personal Data and the Data Subject’s rights, allowing the Processing of Personal Data only for specific purposes and in accordance with the Controller’s instructions.

COOKIES

By accepting this Privacy Policy, the Data Subject agrees to the Processing of cookies, in accordance with the definitions and terms set forth below.

Definition: These are data files stored on a website or portal visitor’s device (via smartphone, tablet, or computer) that record information such as user preferences, location, and pages visited, among other details, and that make browsing more convenient.

Classification:

• Regarding validity:

Session cookies: These are temporary and remain until the web page or browser is closed. They can be used in e-commerce to analyze internet traffic patterns and to provide a better experience and contextualized content to users.

Persistent cookies: these remain even after the browser has been closed. They can be used to remember users’ logins and passwords, for example, or to ensure a better user experience across different sessions.

• By purpose:

Strictly Necessary Cookies: essential to allow the user to use the websites, apps, and services offered, which could not be properly provided without these cookies. They are generally session cookies.

Performance: collect anonymous information about how users use and interact with the websites, apps, and services offered, allowing us to recognize their profiles and track visits and interactions.

Functional: These cookies remember choices made by users (such as login and location) and provide more personalized experiences, as well as enabling customization options (when available). This information shall be anonymized (becoming Anonymized Data) and does not track activities outside the websites, apps, and services provided. They are generally persistent.

Analytics and advertising: these allow advertisers and partners to deliver more relevant ads and information to users. They are also used to limit the number of times a user sees certain ads and to measure the effectiveness of advertising campaigns. They remember certain user preferences and are used to help profile users in order to improve the user experience. They are generally permanent.

How cookies shall be used by FittipaldiGômara Advogados:

FittipaldiGômara Advogados shall use cookies when a user accesses the websites owned by the firm and by companies within its business group.

Cookies are associated solely with the browser of a specific computer and do not provide any information that would allow the user’s first and last names to be identified.

Thanks to cookies, FittipaldiGômara Advogados shall recognize users who have previously registered on the website, which means they do not have to register each time they visit.

The cookies that shall be used on the websites and web pages of FittipaldiGômara Advogados’s internet portals originate from the various servers operated by the firm or from third-party servers that provide services and install cookies on behalf of FittipaldiGômara Advogados.

To use the FittipaldiGômara Advogados websites, it is not necessary for the user to allow the receipt of cookies sent by FittipaldiGômara Advogados; however, in such cases, the user shall need to register each time they access a service that requires prior registration.

Whenever the option to prevent the installation of cookies has not been enabled, the user shall check their computer’s hard drive according to the browser’s own instructions. Information regarding this configuration is available in the browser’s instructions and manuals, as shown in the examples below.

Internet Explorer: https://support.microsoft.com/pt-br/help/17442/windows-internet-explorer-delete-manage-cookies

Mozilla Firefox: https://support.mozilla.org/pt-BR/kb/ative-e-desative-os-cookies-que-os-sites-usam

Chrome: https://support.google.com/accounts/answer/61416?co=GENIE.Platform%3DDesktop&hl=pt-BR

Safari: https://support.apple.com/pt-br/guide/safari/sfri11471/mac

It is important to note that the proper functioning of the websites owned by FittipaldiGômara Advogados and companies within its business group cannot be guaranteed if strictly necessary cookies are blocked.

ADDITIONAL CONSIDERATIONS

The Data Subject guarantees that the Personal Data provided to FittipaldiGômara Advogados is true and legitimate, free from any defects of consent, and hereby undertakes to immediately notify FittipaldiGômara Advogados of any changes thereto.

Except where otherwise indicated, responses to questions regarding Personal Data are optional, and failure to provide them does not imply a reduction in the quality or quantity of the corresponding services.

FittipaldiGômara Advogados shall provide Data Subjects with the appropriate resources so that they may, in advance, agree to this Policy or any other relevant information before giving their consent to the storage of their respective Personal Data.

CHANGES TO THIS POLICY

This Privacy Policy shall, at the sole discretion of FittipaldiGômara Advogados, be updated and/or amended at any time, without prejudice to the rights of Data Subjects guaranteed by applicable law. Any such changes shall be highlighted in the Policy and, where applicable, shall be the subject of a specific notice.