PRIVACY POLICY



The Privacy Policy regulates the collection and processing of Personal Data through the Website.

Capitalized words and expressions have the same meaning as in the Terms and Conditions (which can be found at [link]) or in the EU Regulation 2016/679 of the European Parliament and the Council (the “GDPR”).


I. Responsible for the Treatment

1. Oliveira, Patrício & Associados, OP&A de Advogados, SP, RL (the “OP&A”), OP&A de Advogados registered with the Portuguese Bar Association under number 14/20, legal person n.º 515 970 271, with registered office at Av. 24 de Julho n.º 68 E, 1200-869 Lisbon is responsible for processing the Personal Data of Users collected or generated as a result of accessing, browsing and using the Website.


2. OP&A can be contacted for the purposes of this Privacy Policy through the email privacy@oliveirapatricio.com.

3. When sending any Personal Data through the contacts provided, the User expressly gives consent for the respective collection and treatment.

4. The e-mail address provided is intended solely for sending information and / or exercising the rights of Users and cannot be used for any purpose outside the Privacy Policy. Inappropriate e-mail is unauthorized and will not be considered confidential, and its use may result in the submission of a complaint to CNPD and / or ICP-ANACOM and / or any other competent authority for these purposes.

5. OP&A is the recipient of the Personal Data collected, without prejudice to its disclosure, under the terms of clause V, which the User expressly consents to, or at the User's request.

6. OP&A informs that there is no automated decision making.

7. OP&A, as well as all its workers and collaborators, are subject to professional secrecy, in relation to third parties, of the facts that they become aware of as a result of the exercise of their professional activity.


II. Collection of Personal Data

1. Access, navigation and use of the Website do not require the provision of Personal Data by Users.

2. OP&A proceeds with the direct collection of Personal Data if Users contact it directly, on their own initiative, collecting the data voluntarily provided by the User for the intended purpose, namely name and email address.

3. The User guarantees that all personal data provided is true, complete and up-to-date and that he is aware that he is solely responsible for them, namely for their veracity, completeness and timeliness, and that he may suffer civil or criminal consequences due to falsity, error, inaccuracy or any other defect in the data provided.

4. OP&A indirectly collects Personal Data related to Users' navigation, namely, IP address, login information (date, time, time zone), browser type (including language and version), operating system , language, duration of visit and the page (s) visited, as well as other information from the same categories, collected through cookies, controllers, tags, pixel tags and other technologies. You can find more information in the Cookies Policy.

5. Personal Data are only collected and processed if they are adequate, relevant, explicit, legitimate and not excessive in relation to the purposes described in the following clause.


III. Purposes and Fundamentals

1. The collection and processing of Personal Data are intended to allow one or more of the following purposes, under the grounds indicated respectively:

a. As for the Personal Data identified in number 2 of the previous clause: clarification of issues related to the Website or OP&A, under the provisions of paragraphs a) and f) of paragraph 1 of article 6 of the GDPR; and

b. As for the Personal Data identified in number 4 of the previous clause: carrying out statistics, studies and analyzes on the operation and use of the Website, to optimize the user experience, under the provisions of paragraphs a) and f) of paragraph 1 of Article 6 of the GDPR.

2. OP&A's legitimate interests are to respond to Users' requests, provide assistance, prevent and detect fraud, ensure network and information security and also ensure the management, maintenance and development of the Website.


IV. ARCHIVE

1. Personal Data is collected, processed and stored on a computer, on a secure server in the territory of the European Union.

2. Personal Data are kept for the periods provided for in the applicable law, namely for tax purposes (10 years) and to combat money laundering and terrorist financing (7 years), for the periods necessary for the execution of contracts and as long as the limitation period for contractual rights (general rule, 20 years). Whenever there is no legal or contractual requirement, the applicable period is the minimum period necessary for the purposes that motivated the collection and / or treatment.

3. Personal Data will be deleted after the legal or contractual deadlines for archiving, when they are no longer necessary or relevant for the purpose for which they were collected or if requested by the User, in the exercise of the right to cancel, after the expiration of the legal deadline for conservation.


V. DISCLOSURE

1. Outside the cases provided for in the following paragraph, OP&A only discloses Users' Personal Data if required by law or by a competent authority (including the Bar Association) or if necessary to exercise or defend rights in legal proceedings.

2. OP&A transmits Users' Personal Data to subcontracted third parties to provide specialized technical services, such as communications, including e-mail, assistance and IT systems, digital files, to whom only the Personal Data strictly necessary for the provision of the service in question, the entities acting in the name, on behalf and in the interest of OP&A and subject to its instructions and the obligation of confidentiality, being prohibited from using such data for any purpose other than the contractually provided for.

3. OP&A does not transfer Personal Data to third countries or international organizations, if necessary, OP&A ensures that Personal Data is not transferred to countries that have not been considered adequate by the European Commission, or, if there is no such adequacy decision, that OP&A implements adequate guarantees to ensure the protection of Personal Data under the terms set out in the GDPR or obtains the User's consent.


VI. SECURITY MEASURES

1. OP&A adopts adequate and updated precautions to guarantee the security and confidentiality of Personal Data, against its disclosure, loss, accidental destruction, misuse, alteration, treatment or unauthorized access, as well as against any other form of illegal treatment.

2. Users acknowledge that their Personal Data is collected on open networks and undertake to adopt additional security measures, namely by ensuring that they use devices and browsers with updated security settings, keeping the firewall active, antivirus and anti-spyware updated and making sure the authenticity of the websites they visit, recognizing that, if they do not, Personal Data can be viewed and used by unauthorized third parties, and OP&A cannot be held responsible for that fact.


VII. RIGHTS OF USERS

1. Users have, at all times, the right to information, access, confirmation, rectification, alteration, cancellation, opposition and elimination of Personal Data, being able to exercise it in writing, through the contacts indicated in clause I, or personally in OP&A office, free of charge, except in cases of manifestly unfounded or excessive requests, in which a reasonable fee may be charged.

2. Users also have the following rights, which they must exercise in writing, using the means indicated in clause I:

a. Right to withdraw consent: withdraw your consent to the processing of Personal Data at any time, if the basis for collecting the data has been consent; the request for cancellation of consent does not call into question the treatment already made or the fulfillment of legal obligations;

b. Right to be forgotten: right to request that your data be erased, in the cases provided for in article 17 of the GDPR, except for the data that it is necessary to maintain by virtue of the law or declaration, exercise or defense of a right in a judicial process

c. Right to limitation of treatment: right to object to the treatment of (i) inaccurate or incorrect data, (ii) data processed illegally, without the User requiring deletion, (iii) data no longer used, but which are required for the purposes of declaration, exercise or defense of a right in a judicial process, and (iv) in case of opposition to the treatment, while checking whether there is a prevailing legitimate interest of the controller. In these situations, OP&A will only store the data or process it with the User's consent, or for the purpose of declaring, exercising or defending a right in a judicial process, defending the rights of another natural or legal person, or by powerful reasons in the public interest of the European Union or a Member State;

d. Portability right: right to request the delivery of data in a structured format for current use and automatic reading and the right to transmit that data to another responsible person, under the terms provided for in article 20 of the GDPR;

e. Right to obtain a copy of the Personal Data being processed, upon payment of a fee for administrative charges;

f. Right not to be subject to any decision taken exclusively on the basis of automated treatment, including the definition of profiles, which has effects in its legal sphere or which affects the User significantly in a similar way, under the terms provided for in article 22 of the GDPR;

g. Right to be informed of breaches of Personal Data that may imply a high risk to their rights and freedoms, with the exceptions of Article 34 of the GDPR;

h. Right to complain to the National Data Protection Commission or other supervisory authority.

3. The exercise of the rights identified in the previous numbers may be limited by the existence of rights and freedoms of third parties, legal or confidentiality obligations and legitimate interests of OP&A or third parties.


VIII. VERSION AND CHANGES

1. This Privacy Policy was updated on 18 June 2020.

2. OP&A reserves the right to change this Privacy Policy at any time, by publishing the new text on the Website.

3. It is the Users' obligation to periodically consult and reread this Privacy Policy, to check for updates and / or changes.