Privacy Policy
LUCHESI LAWYERS law firm headquartered in the city of São Paulo, State of São Paulo at Avenida Francisco Matarazzo, no. 1,500. 16th floor, Torre New York, São Paulo/SP, CEP 05.001-100 is committed to respecting the privacy and protecting the personal data of data subjects with whom we interact, in compliance with applicable laws, especially Law No. 13,709/2018 (“General Law on the Protection of Personal Data” or “LGPD”).
This Privacy Policy (“Policy”) aims to inform clients, partners, suppliers, service providers, website users, job applicants, participants in our events and other data subjects how their personal data will be treated when they access and use the website, or when they interact with us in other ways, regulating the rules regarding the processing of personal data carried out by Luchesi Advogados.
We recommend that you read this Policy carefully, especially before starting your relationship with us. If you have any questions about the content of this Policy, please contact our Data Protection Officer by email: privacy.dados@luchesiadv.com.br.
1 - Who is the controller of personal data?
Luchesi Advogados will be the controller of your personal data within the scope of the relationship established with you. For the purposes of applicable legislation, the controller is the person responsible for decisions regarding the processing of personal data.
We will only process Personal Data where we have a legal basis to do so. The legal basis for our processing of Personal Data will be one of the following:
- the holder has given us his/her consent to the processing of his/her Personal Data for one or more specific purposes;
- the processing is necessary for the performance of a contract we have entered into or will enter into with you;
- the processing is necessary to achieve our legitimate interests or;
- processing is necessary to comply with a legal obligation.
2 - What personal data is processed?
Within the scope of the relationship established with you and within the limits of applicable legislation, Luchesi Advogados may process the following personal data:
- Identification, qualification and contact data: full name, address, date of birth, nationality, identification document(s) data (such as ID, CPF, CNH, OAB, as applicable), email address, telephone number, among others;
- Academic and professional data: company you work for, profession, position and education.
When providing legal services, considering the support to clients in the most diverse areas and specialties of Law, Luchesi Advogados may have access to and process a large repertoire of your personal data or even personal data of others involved in a given case (for example, the other party in a legal proceeding), depending on the object or reason for the demand, such as:
- Registration information: Name, CPF, ID, address and telephone number;
- Financial information: remuneration, transaction history, credits, sales, possessions, certificate of debts and loans;
- Family information: family structure and relationships;
- Information contained in processes: date of birth, nationality, place of birth, age, marital status, country, address, profession, education, among others.
The above personal data are processed only in certain cases and when necessary to achieve the purposes mentioned in this Privacy Policy, especially for the provision of legal services.
Luchesi Advogados may collect this information in a number of ways, whether directly from the Data Subject, obtained by someone related to the Data Subject (for example, the company you are part of) or accessed from publicly accessible sources. Regardless of the origin of the data, the processing will be governed by this Privacy Policy and you may contact us via email privacy.dados@luchesiadv.com.br.
3 - For what purposes do we process your personal data?
In general, we process your personal data for customer service and the provision of legal services in the advisory or litigation field, including, but not limited to:
- Provision of services contracted by the client to defend their interests in judicial and extrajudicial proceedings;
- Drafting, reviewing or negotiating contracts in general and various operations;
- Carrying out or participating in an audit to verify the compliance of a company or operation with Brazilian legislation and risk analysis;
- Analysis of new cases or any situations presented by clients to prepare responses to queries, memoranda, legal opinions or reports;
- Preparation of mandatory documents under Brazilian legislation;
- Intermediation of the client's relationship with authorities and government bodies;
- Pro bono work;
- Carrying out training;
- Holding meetings, video conferences or telephone conferences to discuss general topics;
- Obtaining necessary licenses, authorizations and permissions;
- Security and physical access control to office premises.
We may also process your personal data for the purposes of formalizing the contract with Luchesi Advogados, billing and collection if you are an individual client or representative of a legal entity client. In addition, we may process your personal data to maintain our relationship with you through:
- Sending institutional communications, memos or bulletins on topics of interest and invitations to events;
- Establish a customer contact channel through our website;
- Event organization, including management of registrants. To ensure easy access and greater comfort at the event, we may ask if you have a disability or mobility restrictions;
- We may occasionally provide your personal data for the purpose of publishing relevant cases in legal directories that offer legal research and analysis, while preserving client confidentiality, as appropriate.
4 - With whom do we share your personal data?
We may share the personal data referred to in the Policy for the operation of our services, in the following cases:
- Providers of software, cloud hosting services and other information technologies for the purpose of managing your relationship with our office, registration, documentation and other arrangements;
- Operating agents who process your personal data in accordance with the instructions of Luchesi Advogados (Correspondents, experts, reviewers, partner offices, auditors, accountants, among others);
- Document storage service company;
- National or international legal publications for the publication of relevant cases of Luchesi Advogados, ensuring the maintenance of professional secrecy in relation to the client;
- Regulatory bodies and other public authorities (judicial or extrajudicial) before which Luchesi Advogados is subject to comply with legal or regulatory obligations or in accordance with applicable local legislation.
5 - Transfers of your personal data outside Brazil
Luchesi Advogados may transfer your personal data to service providers located abroad, including cloud service providers. When your personal data is transferred outside of Brazil, we will adopt appropriate measures to ensure adequate protection of your personal data in accordance with the requirements of applicable data protection legislation, including by entering into appropriate data transfer agreements with third parties for your personal data, where necessary.
6 - How long will we retain your personal data?
We store and maintain your information (i) for the time required by law; (ii) until the end of the processing of personal data, as mentioned below; (iii) for the time necessary to preserve the legitimate interest of Luchesi Advogados, as the case may be; (iv) for the time necessary to safeguard the regular exercise of Luchesi Advogados’ rights in judicial, administrative or arbitration proceedings. Thus, we will process your data, for example, during the applicable prescriptive periods or as long as necessary to comply with a legal or regulatory obligation.
The termination of the processing of personal data will occur in the following cases:
- When the purpose for which the Data Subject's personal data was collected is achieved and/or the personal data collected is no longer necessary or relevant to achieve such purpose;
- When the Data Subject has the right to request the termination of the processing and the deletion of his/her personal data and does so;
- When there is a legal determination to this effect. In such cases where the processing of personal data is terminated, except in the cases established by applicable legislation or by this Privacy Policy, the personal data will be deleted.
7 - What are your rights regarding your personal data?
You have the following rights regarding your data: (i) confirmation of processing; (ii) access; (iii) correction of incomplete, inaccurate or outdated data; (iv) anonymization, blocking or deletion; (v) portability; (vi) deletion; (vii) information about sharing; (viii) information about the possibility of not providing consent and about the consequences of refusal; (ix) revocation of your consent, if we have requested this from you; and (x) right to petition the National Data Protection Authority (ANPD).
There are circumstances that may restrict the exercise of some rights provided for by law, such as when the provision of information may reveal a business secret of Luchesi Advogados or due to compliance with some legal/regulatory obligation or to allow the defense of Luchesi Advogados in some judicial or administrative proceeding. You may exercise such rights by contacting the Data Protection Officer via email privacy.dados@luchesiadv.com.br.
All these rights may be exercised by you at any time, free of charge, unless charging a fee is permitted in accordance with current legislation or regulations, and Luchesi Advogados undertakes to make its best efforts to respond to your requests in a transparent and expeditious manner.
To ensure that your rights are being exercised by you or your duly appointed legal representative, we may request necessary information or proof regarding your identity, in order to prevent fraud and guarantee your privacy, so that your personal data is not shared with anyone who is not authorized to do so.
We will respond to your requests within a reasonable timeframe, in accordance with applicable law, bearing in mind that we may only respond to some requests after we have received the confirmations set out above.
8 - Data protection and security measures
Luchesi employs strict security standards necessary to prevent and remedy unauthorized access to personal data, employing applicable means and recommended security standards to protect them, to the extent that they are technically and operationally feasible.
We use tools and technologies to ensure the integrity and confidentiality of information, and we seek to protect it from unauthorized access. All access is restricted to the extent necessary, with rules defined to maintain secrecy and confidentiality, with the adoption of strict security criteria. Among the measures we adopt to protect your personal data are:
- Access controls
- Limitation to least possible privilege
- Monitoring access to local networks
- Monitoring corporate services and devices
- User authentication
- Intrusion prevention and detection
- Antivirus
- Firewall
- Backup maintenance
- Traceability mechanisms
- Database segmentation
- Logical segmentation of networks
- Rules for Internet access
Luchesi Advogados implements all these measures to minimize the risk of security incidents and unauthorized access, but it is not possible to guarantee the absolute security of your data, especially against counterattacks perpetrated by malicious individuals, which can be highly sophisticated and innovative, with techniques and methods previously unknown even to the best information security tools.
The security of your data also depends on you taking reasonable measures when using your devices and software. If you identify or become aware of anything that could compromise the security of your personal data, or of any possible vulnerability in our website or systems, please contact us.
9 - Collection and use of cookies
Luchesi Advogados uses cookies to ensure that you get the best experience while visiting our websites. Some of the cookies are necessary to provide essential functionality and cannot be disabled. Other cookies are collected to improve the performance of our website and your experience through personalized content, social media features and traffic analysis. These cookies may also include third-party cookies, which may track the use of our website. To find out in detail what these cookies are, their duration and purpose, and how to enable or disable them, see our Cookie Policy.
10 - Third Party Website
Our website may provide links to third-party websites. These websites, in turn, have their own privacy policies, which may not be compatible with this Policy. We recommend that you consult the respective privacy policies of these third parties to learn about their personal data protection practices.
Luchesi Advogados is not responsible for the regularity of data protection practices on third-party websites, nor for their content, which is not in any way validated, ratified or subscribed to by us.
10 - Contact
If you have any questions, comments or suggestions about this Privacy Policy, or about the processing of your data, please contact our Data Protection Officer (DPO), Ellen Carolina da Silva, via the following email address: privacy.dados@luchesiadv.com.br.
11 - Changes
As our goal is to always improve our services, this Privacy Policy may undergo changes and updates over time, to better reflect our personal data processing practices and provide greater security and transparency to our operations.
We recommend that you periodically check this Policy to familiarize yourself with any changes.
This policy was last revised on 02.08.2024.