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Medical Law, Health Law and LGPD in Brasília and São Paulo

moreira.lf@uol.com.br
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Privacy Policy

Last updated: 03/10/2023

Moreira e Bastos Advogados holds trust, ethics and transparency as corporate values, which is why we are committed to building solid, lasting relationships with you, based on mutual trust and benefit. That is why we protect and respect your privacy and your choices. This Privacy Notice explains how we use the personal data shared with us by our beneficiaries.

Not every situation described below will apply to you — we present an overview of all possible interaction scenarios, and one or more of them may apply depending on how you interacted with us. For example, if you have never sought the firm for legal services, this scenario will not apply to you. Please read this information carefully; if you have any questions, contact us at dpo@moreiraebastosadvogados.com.br.

1. Who we are

Moreira & Bastos Advogados Associados, the data controller, is a law firm, a private legal entity, with an office in Brasília, DF, and practice in São Paulo, SP. Questions about this policy may be sent to moreira.lf@uol.com.br.

2. What personal data is

"Personal data" means any information that could identify you directly (e.g., your name) or indirectly (e.g., through pseudonymized data, such as a unique identification number).

This includes information such as e-mail, home and mobile phone addresses, usernames, profile pictures, personal preferences, user-generated content, financial information and health information. Unique numeric identifiers, such as your computer's IP (Internet Protocol) address or your mobile device's MAC (Media Access Control) address, as well as cookies, may also be considered personal data.

This Privacy Notice covers all personal data collected and used by Moreira e Bastos Advogados in serving clients and individual users, whether through direct assistance or through the financial coverage of services.

3. What data we collect from you and how we use it

You are at the center of our activities, and that is why we seek to build relationships based on transparency and mutual trust. There are several ways for you to share personal data with us and for us to collect it: sometimes you provide it directly (for example, when contacting us to request our services); sometimes we collect it (for example, when one of our staff members assists you in drafting a power of attorney); and, in other cases, we receive your data from third parties, such as providers within our accredited network. If you do not provide the requested data, this may affect our ability to provide our services.

Whenever we use your personal data, we have a legal basis for doing so. These bases may be:

  • The performance of a contract, applicable when you provide us with data so that we can provide legal services (for example, when collecting data to file a lawsuit);
  • The exercise of a right provided for in a contract, applicable when we need to collect sensitive data, for example, to file a lawsuit in defense of your health;
  • The exercise of a right in judicial or administrative proceedings, in cases where we use personal and sensitive data to respond to a judicial or administrative claim;
  • Compliance with a legal or regulatory obligation, applicable when we need to meet requirements set by law or by regulatory bodies — for example, sending financial information about our services to the Brazilian federal tax authority;
  • Legitimate interest, which may occur, for example, when obtaining data that speeds up our contact with you;
  • Consent, for situations where no other legal basis applies — in these cases we will ask for your prior and express consent, in a clear and distinguishable manner (for example, for data collected for participation in seminars).

The table below details the purpose for which your data is processed, the processing carried out in each case and the legal basis used.

Purpose Processing Legal basis
Access to the Moreira e Bastos Advogados portal — access by the general public. When you access our open portal to obtain information about Moreira e Bastos Advogados and our services, we collect information such as cookies, IP addresses or domain names of computers, the addresses of the resources requested in URI format, among other parameters related to the user's operating system and computing environment. We may also collect other information provided by e-mail, such as phone number, name and other information necessary to meet your request. Legitimate interest — for necessary cookies.
Consent — for non-necessary cookies.
Engagement of legal services and representation. We are required to process various pieces of your data if you wish to engage our services. This process may require data such as name, marital status and address, among others. This data is used both to fulfill the service agreement and to complete any power of attorney. Performance of a contract and exercise of rights provided for in a contract.
Compliance with a regulatory or legal obligation — data we are required to collect and process for regulatory compliance purposes, such as financial data.
Provision of contentious, advisory and consulting legal services. When we provide advisory and consulting services to you, personal and sensitive data may be necessary for us to act on certain cases. Performance of a contract and exercise of rights provided for in a contract.
Filing documents in lawsuits. In some situations, we will need to file documents in administrative and judicial proceedings in defense of our clients. Exercise of rights in administrative and judicial proceedings.
Answering questions, handling requests and providing support. When you contact us, we process your personal data to handle your requests, provide the relevant information and support for the use of our services, and answer questions. For this, we may collect data such as full name, reason for contact, and other information you provide during our interactions. Performance of a contract and exercise of a right provided for in a contract.
Legitimate interest.
Sending information to public authorities. We may share information with public authorities, such as the Brazilian federal tax authority, among others, to comply with obligations required by law and/or regulations. One example is the need to send {{REVISAR: sentence incomplete in original source}}. Compliance with legal and regulatory obligations.

4. Minors

Some of our services may be provided to minors. In these cases, whenever necessary, we will seek authorization from their legal representatives, in accordance with applicable law.

5. Who Moreira e Bastos Advogados shares your data with

Moreira e Bastos Advogados may work together with other companies in order to provide its services. When sharing your personal data is necessary, we adopt, whenever possible, anonymization or pseudonymization mechanisms. We use personal data protection clauses in our contracts with third parties, to preserve your privacy and information security as much as possible. We may share your personal data in the following situations:

  • Our suppliers and partners: we engage certain categories of suppliers to offer our services — for example, cloud hosting services —, always subject to contractual obligations to process your data with the same level of security and in accordance with applicable law.
  • Banking institutions: to process payments, for example.
  • Regulatory bodies: such as the Brazilian federal tax authority, due to legal or regulatory requirements.
  • To safeguard and protect Moreira e Bastos Advogados's rights: we may access, preserve and provide data when necessary to comply with a legal obligation or court order, to enforce our contracts, or to protect the rights, property or safety of Moreira e Bastos Advogados, our staff and other users — for example, by sharing information with the Public Prosecutor's Office or the police, when requested and to the extent legally authorized.
  • Third parties with your consent: exceptionally, we may engage third parties to offer additional products or services to you, always with your prior consent.

We do not offer or sell your personal data.

6. Where we store your personal data

The data we collect from you may be transferred, accessed and/or stored outside Brazil, including by employees of one of our service providers located abroad. Moreira e Bastos Advogados only transfers personal data outside Brazil in a safe and lawful manner — the transfer is made to the United States of America, to companies that offer a level of personal data protection adequate to that provided for under Brazilian law.

In these international transfers, we adopt measures to ensure that third parties comply with the commitments set out in this Policy — which may include reviewing the third parties' privacy and security standards and/or entering into contracts with specific clauses on the processing of personal data. For more information, contact us in accordance with the "14. Contact" section below.

7. How long we keep your personal data

We keep your personal data only for as long as necessary to fulfill the purposes that justified its collection, including for compliance with legal, contractual, accounting or reporting obligations, or requests from competent authorities. To determine the appropriate retention period, we consider the amount, nature and sensitivity of the data, the potential risk of harm from unauthorized use or disclosure, the purpose of processing, whether we can achieve those purposes through other means, and applicable legal requirements.

Once the purposes that justified the processing of the data in our systems have ended, the data will be deleted and/or anonymized, subject to available technical means, unless it needs to be kept to comply with legal, contractual, accounting or reporting obligations, or requests from competent authorities.

8. Links to third-party websites

Our websites and apps may occasionally contain links to websites of partner companies, service providers or others in our network. If you follow a link to any of these websites, please note that they have their own privacy policies, for which we are not responsible. We recommend checking those policies before submitting any personal data to those websites.

9. User-generated content

Some of our channels allow you to share your own content. Therefore, please be careful when providing certain personal data, such as financial or address information. We are not responsible for any actions by third parties if you post personal data on one of our social media platforms, and we recommend that you do not share this type of information through those channels.

10. Your rights and choices

Moreira e Bastos Advogados respects your right to privacy: it is important that you be able to control your personal data. Under the LGPD, Brazil's General Data Protection Law (Law 13,709/2018), you have the following rights:

Your right What it means
The right to confirmation of the existence of processing and information You have the right to be informed about how your personal data collected and held by Moreira e Bastos Advogados is processed. That is precisely why we provide the information in this Policy.
The right to access data You have the right to access your personal data held by Moreira e Bastos Advogados (subject to certain restrictions). To do so, contact us using the information below.
The right to correction of data You have the right to correct your personal data if it is inaccurate, incorrect or incomplete. To do so, contact us using the information below.
The right to erasure, blocking and/or anonymization of data In some cases, you have the right to delete, block and/or anonymize your personal data under certain circumstances. Note that this is not an absolute right, as we may have legal or legitimate reasons to retain your personal data. If you wish to delete your personal data, contact us using the information below.
The right to restrict the processing of your personal data Under certain circumstances, you may restrict the processing of your personal data. Note that this is not an absolute right, as we may have legal or legitimate reasons to retain your personal data. If you wish to restrict your personal data, contact us using the information below.
The right to object to direct marketing, including profiling You may unsubscribe from or disable our direct marketing communications at any time. The easiest way to do so is by clicking the unsubscribe link included in any e-mail or communication we send you. If you wish to object to marketing or profiling, contact us using the information below.
The right to withdraw consent You may withdraw your consent for the processing of your data in cases where such processing is based on consent. Withdrawing consent does not affect the lawfulness of processing based on consent before its withdrawal.
The right to object to processing based on one of the exceptions to consent You may object to the processing of your data when there has been a breach of data protection law and the processing in question is based on one of the exceptions to consent. To do so, contact us using the information below.
The right to petition the national authority You have the right to contact and/or petition Brazil's National Data Protection Authority (ANPD) to file a complaint against Moreira e Bastos Advogados's data protection and privacy practices. Please do not hesitate to contact us using the information below before filing any complaint with the competent data protection authority.
The right to data portability You have the right to move, copy or transfer data from our database to another service or product provider, upon express request, in accordance with the regulations of the competent national authority and provided that Moreira e Bastos Advogados's trade and industrial secrets are observed. For more details, contact us using the information below.
The right to disable cookies You have the right to disable cookies. Internet browser settings are generally set, by default, to accept cookies, but you can adjust them by changing your browser settings. Many cookies are used to improve the use and functionality of the website — disabling them may prevent you from using certain parts of it. For more information, see the "11. Cookies" section below.
The right not to provide consent and to have data processed under that legal basis deleted At the time consent is requested, you may choose not to provide it, in which case we will explain the consequences of not providing it. In addition, once consent has been provided, you will have the right to withdraw it.

If you wish, contact us so that we can inform you which private companies and public entities have access to your personal data.

11. Cookies

Cookies are data stored on the device (computer, mobile phone, tablet or other mobile device) you use to access our websites, so that we can recognize returning users. Each cookie expires after a certain period, depending on the purpose of its use.

Mandatory or essential cookies

Some cookies are necessary for the proper functioning and protection of the website. For example, we use cookies for authentication: when you log in, authentication cookies are set and tell us who you are during the browsing session. Essential cookies are loaded based on our legitimate interest in providing the website's essential functionality.

Functionality cookies

Used to enable additional functionality, such as storing your preferences (for example, language) and preventing you from having to fill out the same form more than once. The information collected by these cookies is anonymous and cannot be used to track your behavior on other websites.

Preference cookies

Collect information about your choices and preferences, allowing us to remember the language and other local settings, and to personalize the website accordingly.

Social media cookies

Collect information about the use of social networks — for example, when pages that use social media for behavioral advertising, analytics, advertising and market research.

Analytics cookies

Collect information about your use of the website and allow us to improve its operation — for example, by showing which pages are most visited and helping us identify navigation difficulties. This information reflects general usage patterns, not the behavior of a single person.

Targeting or advertising cookies

Generally placed by advertising networks with the website operator's permission, and remember that you visited a website — information that may be shared with other organizations, such as advertisers.

How to manage cookies

You may choose to remove or disable cookies in your browser settings; please refer to your browser's documentation, as the steps vary between browsers. Note that disabling cookies may negatively affect your experience using the website. In particular, for audience measurement cookies, you may also opt out through the following channels:

Cookies used on this website

At this time, this website does not use tracking, analytics or third-party advertising cookies — there is no Google Analytics, social media pixels or marketing tools installed. Should this change, this section will be updated with a detailed list of the cookies used, their purposes and retention periods.

12. Our final privacy promise

  • We respect your privacy and your choices.
  • We make sure privacy and security are built into everything we do.
  • We never sell your data.
  • We work to keep your data safe and secure, which includes only working with trusted partners.
  • We are committed to being open and transparent about how we use your data.
  • We do not use your data in ways that have not been disclosed to you, and we respect your rights, accommodating your requests whenever possible, in accordance with our own legal and operational responsibilities.

13. Changes to this Privacy Notice

This Privacy Notice may be reviewed periodically. If we make significant changes, you will be informed before they take effect, in accordance with applicable law. If any change requires your consent, we will make a new request for it. We encourage you to review this Privacy Notice frequently, to stay informed about our data processing practices.

14. Contact

If you have any questions or concerns about how we process and use your personal data, or would like to exercise any of the rights above, please contact our Data Protection Officer (DPO), Luiz Fernando Picorelli, at dpo@moreiraebastosadvogados.com.br.

You can also reach us at moreira.lf@uol.com.br or at the address of our in-person office:

  • Brasília Office (Águas Claras): QS 1 Rua 212, Lotes 19, 21 e 23, Edifício Condomínio Connect Towers, sala 1119 – Brasília/DF, 71950-550
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