It is with great satisfaction that we present you the Fcmlaw Privacy Policy

Company

Fcmlaw
Faria, Cendão
and Maia

DPO

Eduardo Faria
efaria@fcm.law

Policy updated at:

December 08, 2022

Scroll down to read our full policy

Introduction

Fcmlaw recognizes the importance of guaranteeing your fundamental right to data privacy. We have prepared this Privacy Policy (“Policy”) so that you, the holder of personal data, have due transparency about the use of your data. This document allows you to understand how and why your data is used, how your information will be protected, where it will be stored and how, when and with whom it will be shared.

01

Glossary

We've put together this glossary to explain the meaning of some of the terms you'll find throughout this Policy.

Personal Data

This is information that can directly or indirectly identify you. Direct identification occurs when the data itself already identifies the person who owns that data, such as the ID. Indirect data are those that require additional information for identification, such as home address.

Legal Basis

Cases in which LGPD authorizes Fcmlaw to use personal data.

LGPD

Acronym that refers to the Brazilian General Data Protection Law (Law nº 13.709/2018).

Sensitive Personal Data

It is those about racial or ethnic origin, religious conviction, political opinion, union affiliation or organization of a religious, philosophical or political nature, data referring to health or sexual life, genetic or biometric data, which are more protected, according to the data protection legislation.

Us or Our

Term used when referring to Fcmlaw.

Data Processing

When any action is performed with personal data such as collection, production, reception, classification, use, access, reproduction, transmission, distribution, processing, archiving, storage, elimination, evaluation or control of information, modification, communication, transparency, dissemination or extraction.

You

Any person who accesses our website, as a visitor and/or User, and/or responsible for a legal entity that accesses or performs some type of interaction with the activities or functionalities available on our Platform.

Plataform

Fcmlaw's browsing environment, in which our services are provided. The platform is not necessarily restricted to the F²mlaw website, as its concept extends to every campaign that the group runs and that collects personal data or sensitive personal data, to the blog “Parceiro Legal” and to all processes of hiring that exists in Fcmlaw.

02

General Terms

Information regarding the object, scope and definition of the data controller.

Policy objective

This Policy describes what personal data can be collected from users while using the Platform services, as well as how this information can be used. Furthermore, we inform you of the security measures that are used by Fcmlaw to contain undue access to information.

Legislation of applicable regulations

The Platform operates in accordance with Brazilian legislation, including and especially complying with the terms of Law nº. 12.965/2014 (the Internet Civil Framework) and Law nº 13.709/2018 (General Data Protection Law) and other laws that may be applied.

Policy scope

The rules provided for in this Policy refer to: the data collected on the Fcmlaw website, the Fcmlaw marketing actions, the Parceiro Legal blog. The Platform is not responsible for any content or website that is associated with it, available through the application or other forms of access disclosure (such as links, for example).

Controller Definition

Access and use of the Fcmlaw service platforms are carried out through the group platforms listed in the item above (Policy Scope), which is responsible for defining the necessary measures regarding the processing of your personal data. Thus, Fcmlaw is the controller of the Platform's personal data, as well as the business partners, in the execution of the contracts made with you.

03

Collected Personal Data

Information regarding the object, scope and definition of the data controller.

Personal Data Collections

 Fcmlaw may collect your personal data in several ways, including:

In the “Contact Us” field located on the Platform, in which you provide some personal data in order to arrange a meeting with a member of Fcmlaw;

So that you have access to some content such as Ebooks etc. free of charge;

In specific campaigns carried out by Fcmlaw;

By accessing, as a visitor, our website and blog;

Through our business partners (when the page is redirected to our website or application,
for example);

The chatbot collects all the data you provide to it. This data, however, is deleted within a period of 7 (seven) days.

Types of Data Collected

The types of data collected are different for each type of access.
For registration purposes, the following personal data is collected:

Full Name

E-mail

In Marketing Campaigns and in the Delivery of Content, the following data is collected:

Full Name

ID

E-mail

Company
you work for

Position
held

The Data provided when accessing the Platform, as a visitor – regardless of the express provision of data:

Registration in a database of any files or information uploaded to our Platform by the holders;

Details of access to the Fcmlaw Platform and the resources that the holder has accessed;

Access device information, including, for example, hardware model, operating system and version, file names and versions, language preference, unique device identifier, advertising identifiers, serial number, device movement information and network information;

Server log information which may include information such as device IP address;

Access data;

Consumed content;

Time of use of the Platform;

Last login on the Platform;

Cookies, pixels and tags, or similar.

Data made available to partners

We share data with business partners (Legalhack, RD Station and Monday), in accordance with applicable law, in order to enable the execution of contracts or to fulfill contractual obligations, such as full name, company information, position held, as well as the e-mail address, identification documents (ID), and others, if applicable.

04

Purpose of Data Collection

Personal data is processed by Fcmlaw only in accordance with legitimate and specific purposes, such as:

Personal Data Collections

Fcmlaw may collect your personal data in several ways, including:

To register, validate access and make it possible to schedule a meeting between you and our team, in the case of collection in the “Contact Us” field;

Sending communications, advertising and marketing, in the case of consent to receive Marketing content and/or Newsletter;

Confirm your identification and ensure user safety;

For the prevention and investigation of infringements, irregularities or fraud, including carrying out audits;

Crossing and enrichment of data to promote the best provision of services to users, and to improve the functionality of the Platform;

Comply with legal or regulatory obligations;

In Fcmlaw legitimate interest, or of third parties or the users themselves, when authorized by the Current Legislation;

For other purposes, provided for by law and through your consent;

Exercise the right of defense in administrative, judicial or arbitration proceedings, including responding to complaints at the Ombudsman, in Consumer Protection Agencies and other inspection bodies;

To comply with legal or regulatory obligations of business partners.

05

Sharing Personal Data

Information regarding the use of personal data by third parties/business partners.

How personal data is shared

In order for Fcmlaw to offer the services that are available on its platforms, in order to improve the User experience in interacting with various integrated functionalities, it is necessary to share personal data with third parties, including:

Legalhack,
so that Fcmlaw is able to improve the user experience, as well as understand in detail how the community of users of its services behaves, and, thus, direct the offer of products and services according to the user's profile;
Product and Service Providers Plataforms,
to offer products and services to our users, to comply with legal or regulatory obligations, as well as to allow hiring products and services by our users.

Compliance with privacy rules

Fcmlaw carefully analyzes our business partners, in order to ensure that all those involved in the processing of our users' data follow strict security standards, as well as being responsible for the confidentiality of the information, and are committed to the purposes determined in this Policy.

Other sharing cases

Cases in which Fcmlaw is obliged to disclose or share the collected data, in order to comply with the law and court orders, or for the purposes of preventing fraud or other crimes, as well as in response to the request for information presented by the competent authority, if we understand that disclosure is in accordance with or required under applicable laws, regulations or applicable procedures;

To protect the rights, property or security of the Platform;

Through the express request of the user, as in cases where data portability is requested;

In cases of partial or full sale of the Fcmlaw’s business or assets, or as part of any reorganization or restructuring of the business, merger, spin-off or incorporation with third parties that are part of the respective businesses, taking the necessary measures to ensure that the confidentiality and privacy rights continue to be protected in accordance with this Policy;

06

Use of Cookies

Information about the types of cookies used.

Definition

Cookies are files stored on your computer or device that contain information about activities carried out on our websites and subdomains.

Utilized Cookies

Cookies can be used in different ways and ways. Fcmlaw can use:

Necessary Security Cookies

They are absolutely essential cookies for the proper functioning of the website. These cookies ensure basic functionality and security features of the website, anonymously;
Marketing Cookies

They are used to track visitors to websites. The intent is to display ads that are relevant to the user and therefore more valuable to third-party advertisers and publishers;
Statistics Cookies

Help the Platform controller understand how visitors interact with the websites by collecting and reporting information anonymously.

Cookie Access

Access to personal data by Fcmlaw via cookies ends as soon as you close your browser. You are given the possibility to accept or refuse cookies.

No-Cookie Option

If you choose to refuse the use of cookies, your access to most of the information available on the Platform will not be compromised. However, you may not be able to fully use the services offered.

07

Access and Correction of Personal Data

Information about how our users can exercise their rights

Access to Personal Data

You have the right to be informed about the personal data being processed by Fcmlaw and even request information about the form, purpose and duration of treatment.

In addition, you can ask Fcmlaw to:

Anonymization, blocking or deletion of data that is unnecessary, excessive or treated in disagreement with the proposed purpose and applicable laws;

Carry out, if possible considering the technical means available, portability to another supplier;

Be informed about the consequences of the denial of consent, where applicable; and

Request the review of decisions taken solely on the basis of automated decisions, which affect their interests, respecting commercial and industrial secrets, as fraud prevention criteria.

Exclusion

You have the right to request the exclusion of your personal data stored by Fcmlaw at any time, except in cases where the Controller has a legal justification for maintaining such data, in accordance with the provisions of articles 18, VI, and 16 of the LGPD.

Data Rectification

It is the responsibility of the holder to keep their personal data updated, given that, in the event of an inaccuracy, Fcmlaw may update or delete them, except in cases where maintenance is required for legitimate business purposes or provided for by law.

08

Personal Data Security

How information is protected by Fcmlaw.

Storage

Your personal account data and all Platform information are stored and travel securely on IBM servers, SQL server, M-Files, Airtable cloud subscription, Monday and Sharepoint (Office), and only employees authorized by Fcmlaw may have access to your personal information, being obligatorily subject to the duties of confidentiality and strict respect for your privacy under the terms of this Policy.

Information security

All Fcmlaw transactions are encrypted, stored with an HTTPS and SSO digital certificate – authentication federated by Office - subject to data backup, monitoring tools, security policies, access controls for employees, with updated security software.

Notification

If Fcmlaw becomes aware of any violation of its own security or that of service providers related to information security, including invasions, data leaks or any other information security incident that may pose a risk or relevant damage to data subjects, we will notify the authorities and you, if you are affected by the breach, providing as much detail as possible regarding the nature, extent of the breach and the compromised data.

Storage period

Fcmlaw may store your data for the entire period in which your registration is active, as long as there is some legal basis that supports the processing of information or for purposes of legal or regulatory obligation and defense in court proceedings.

Deletion

Fcmlaw will delete personal data, when the purpose of the treatment is achieved, except in the cases provided for in item 9.4. Personal data may also be used, after fulfilling the purpose, in an anonymous form, which is not subject to the rules relating to this Policy, because it is information in which it is not possible to identify the holder.

09

Privacy Policy Notices and Modifications

Information regarding the change and notification hypotheses in case of modification of the terms of
the Policy.

Changes to the Privacy Policy

Fcmlaw may change the Policy from time to time. Use of collected information is subject to the current Privacy Policy. If changes are made to the way we use personal data, we will notify you by sending an email, via the website or via the app.

Unnotified adjustments

Small adjustments to this Policy may occur without significantly affecting the ways in which the information collected is treated and without implying a reduction in the conditions and/or guarantees presented in this Policy, so that they will not need to be informed.

10

General Provisions

Provisions regarding contacting third parties.

Violations of the Privacy Policy

You are responsible for indemnifying all costs and damages you incur as a result of your breach of this Policy.

Personal Data Storage

Fcmlaw uses international cloud services from M-Files and SQL, which are stored in Brazil, to store data.
The cloud service is used for the purpose of storing Fcmlaw data.


Both storage services have a Privacy Policy and Data Processing Agreement - standard contractual clause, part of the Terms of Use - which are in accordance with what determines
the LGPD.

Contact

If you have any questions or suggestions about the Platform's Privacy Policy or any other information, you can contact us at dpo@fcm.law which will be answered during business hours, from Monday to Friday, from
9 am to 6 pm.

Data Protection Officer

It is defined that Eduardo Faria will be the Data Protection Officer of Fcmlaw and can be contacted via the
e-mail dpo@fcm.law.

Third Parties

This Privacy Policy only addresses the use and disclosure of personal data collected by our Platform. If you disclose your information to third party websites, different rules may apply to the use of your information.

Company

Fcmlaw
Faria, Campos Vieira, Cendão and Maia

DPO

Eduardo Faria
efaria@fcm.law

Policy updated at:

December 08, 2022

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