• TERMS OF USE

These General Terms and Conditions of Use and Security and Privacy Policy (“Terms”) apply to users (“Users”) using the website www.tmassociados.com.br (“Website”) and all the services offered by THEON DE MORAES SOCIEDADE DE ADVOGADOS, registered with the CNPJ under No. 27.995.172/0001-07, (“Firm”) on this Website.

This Website is a free online information and communication service provided by the Firm to the User and its purpose is to clarify and provide information about the provision of legal services by the Firm in its areas of practice, as well as about news and/or legal content.

USERS: A User is any natural or legal person who accesses the Website in order to obtain information about the legal services provided by the Firm.

THE OBJECT OF THE TERMS: The purpose of these Terms is to establish the conditions under which the Firm discloses information to Users via the Website.

This website gives Users the option of finding out more about the legal services provided by the Firm, as well as contacting the Firm’s team via WhatsApp.

The firm would like to point out that a It is not possible to contract legal services through the website. Contact will be directed to the Firm’s official means of communication, such as WhatsApp and e-mail.

CONTACT Users hereby authorize the Firm to use as a means of communication, in addition to this Website’s own tools, other communication channels such as e-mail, telephone and instant messaging by application (WhatsApp).

This website has the following communication channels: “Contact” and “Ombudsman”, to be used as a means of communication between the Firm and Users who wish to contact the Firm on their own.

The “Contact” communication channel can be used by filling in the Contact Form, with the User indicating the following data: name; e-mail address, telephone number and the desired message. This communication channel can be used for any and all communication with the Firm.

The “Ombudsman” communication channel can be used by filling in the form and indicating the following information: name, e-mail address, telephone number, the company to which you belong and the desired message. This communication channel should be used for criticism, complaints, suggestions, comments or incidents that einvolving the Firm and its professionals..

In addition to these communication channels, the website offers a link to initiate contact via and instant messaging application (WhatsApp).

The Website also offers the option for Users to send their CV to the Firm, through the “Work with Us” communication channel, by filling in the following information: name, e-mail address, telephone number and desired position.

RIGHTS AND OBLIGATIONS OF USERS: In addition to the other responsibilities expressly provided for in these Terms, Users undertake to: (a) be civilly and criminally liable for all information, including personal data, that they provide to the Office, (b) not use this Website or any material inserted in it for any purpose other than the legal uses provided for in these Terms; (c) not insert in this Website any content that is illicit or in any way contrary to morals and good customs or that violates the rights of third parties, such as, but not limited to, pornographic or defamatory content; (d) Do not infringe any applicable norm or law; and (e) Do not insert on this Website any content that incorporates viruses or other physical or electronic elements that may cause damage or prevent the normal operation of the network, system or computer equipment, of the Firm or of third parties, or that causes, due to its characteristics (such as form, extension, etc.), difficulties in the normal operation of the Website. ), difficulties in the normal operation of the Website.

Users are prohibited from using the Website to commit and/or attempt to commit acts aimed at: (a) gaining unauthorized access to another computer,

server or network; (b) interrupt service, servers, or computer network by means of any illicit method; (c) circumvent any authentication or security system; or (d) secretly surveil third parties.

Users undertake to use this Website and its content (texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as graphic designs and source codes) in accordance with the entire legal system, with generally accepted morals and good customs, with these Terms and other instructions on this Website.

Users must refrain from obtaining or attempting to obtain any content available on this Website by means other than those which, in each case, have been made available for such purposes.

Users will be held responsible for any fraud carried out by themselves or by third parties linked to them, in virtual or physical media, of culpable or intentional actions or omissions, or arising from the violation of any conditions established in these Terms.

Users must provide a valid e-mail address, through which the Firm will return all contacts requested by Users.

EXCLUSION OF THE OFFICE’S LIABILITY: The Office shall not be liable for any damages of any nature whatsoever that may arise to third parties as a result of improper, offensive or in any way contrary to current legislation conduct by Users.

Likewise, the Firm is not liable for any loss or damage caused by irregular use of this Website by the User, and excludes from its liability the occurrence of acts of God or force majeure. Nor is the Firm liable for any damages whatsoever arising from decisions made by Users based on the opinions and recommendations contained in the content displayed on this Website.

The Firm does not guarantee, under any circumstances, that this Website will be free from possible failures, interruptions, viruses, problems, and other factors, nor is it responsible for the quality and security of the network used by the User to access this Website, since this is maintained by third parties, and is therefore beyond its control, diligence and responsibility.

The Firm shall not, under any circumstances, be liable for any damages arising from the interruption of access to this Website whenever such unavailability occurs due to the fault of third parties, which is beyond its control and diligence.

Users are aware that the Firm recommends the use of duly secure and up-to-date tools and technology (hardware and/or software) to access this Website. Thus, any use by Users of outdated tools and technology that are not considered secure will be at their own risk, and the Firm will not be liable for any damages of any kind incurred by Users.

Copyright: The trademarks and logos displayed on this Website are the exclusive property of the Firm and may not be used anywhere, including other websites, without the prior written consent of the Firm’s legal representative(s).

LINKS: The Firm is not responsible for information published by third parties via websites to which this Website contains a link. If you decide to visit any other website via a link contained on this Website, you do so at your own risk and may and must take all necessary measures to protect yourself from viruses or other destructive elements.

The existence of links on this Website does not imply that the Firm sponsors or is associated with any entity whose products or services are mentioned on the linked website.

ACCEPTANCE OF TERMS: By using this Website, the User declares to be aware of and in agreement with the entirety of the provisions set out in these Terms.

In the event of disagreement with these Terms, the Firm recommends that the User no longer use this Website.

VIGILANCE, TERMINATION AND MODIFICATIONS OF THESE TERMS: The Firm reserves the right to modify or supplement these Terms, at its discretion and when it deems it necessary, with a view to improving and enhancing them.

Modifications and/or additions that deal with: the specific purpose of processing Users’ data, the form and duration of the processing, identification of the controller or information about the shared use of data by the controller, will be duly highlighted. If the User disagrees with the modification or addition, in the terms indicated herein, he/she may, at any time, revoke the consent previously granted.

For clarification, according to article 5, item X, of Law 13.709/18, “treatment” is considered: any operation carried out with personal data, including those relating to the collection, production, reception, classification, use, access, reproduction, transmission, distribution, processing, archiving, storage, elimination, evaluation or control of information, modification, communication, transfer, dissemination or extraction.

Use of the Website following any modifications and/or additions will imply tacit and immediate acceptance of these Terms by the User.

The Firm is entitled to terminate, suspend or interrupt unilaterally, at any time and without prior notice, access to this Website, without any compensation being due as a result of the termination of access.

APPLICABLE LAW AND FORUM: To settle any disputes relating to these Terms, the jurisdiction of the District Court of Jundiaí/SP is hereby determined to be exclusively competent. The Firm, however, reserves the right to take legal action in countries other than Brazil to protect its interests, whenever it deems necessary.

Brazilian law shall govern and interpret these Terms.

• SECURITY AND PRIVACY POLICY

 

This Security and Privacy Policy (“Policy”) is an integral part of the Terms and has been drawn up with the aim of reaffirming the Firm’s commitment to the security and privacy of information collected from Users using the Website.

In order to facilitate understanding of this Policy, the following definitions are summarized:

Personal Data: information relating to an identified or identifiable natural person.

Sensitive Personal Data: personal data on racial or ethnic origin, religious conviction, political opinion, membership of a trade union or organization of a religious, philosophical or political nature, data relating to health or sex life, genetic or biometric data, when linked to a natural person.

Anonymized Data: data relating to the data subject that cannot be identified, taking into account the use of reasonable technical means available at the time of its processing.

Database: structured set of personal data and sensitive personal data, established in one or several locations, in electronic or physical support.

User: the natural person to whom the personal data for the use of this Website refer and which are processed by the Firm.

Personal Data Controller: a natural or legal person, governed by public or private law, who is responsible for decisions regarding the processing of personal data.

Personal Data Controller: a natural or legal person, governed by public or private law, who processes personal data on behalf of the controller.

Personal Data Officer: The person appointed by the controller and operator to act as a communication channel between the controller, the data subjects and the National Data Protection Authority (ANPD).

Personal Data Processing Agents: the controller and the operator, in this case cumulated by the Office.

Processing of Personal Data: any operation carried out with personal data, such as those relating to the collection, production, reception, classification, use, access, reproduction, transmission, distribution, processing, archiving, storage, elimination, evaluation or control of information, modification, communication, transfer, dissemination or extraction.

Consent: a free, informed and unequivocal statement by which the data subject agrees to the processing of their personal data for a specific purpose.

International Data Transfer: transfer of personal data to a foreign country or international body of which the country is a member.

Shared Use of Data:communication, dissemination, international transfer, interconnection of personal data or shared processing of personal databases by public bodies and entities in compliance with their legal powers, or between them and private entities, reciprocally, with specific authorization, for one or more treatment modalities permitted for these public entities, or between private entities.

Research Body: direct or indirect public administration body or entity or non-profit private law legal entity legally constituted under Brazilian laws, with headquarters and venue in the country, which includes in its institutional mission or in its social or statutory objective, basic or applied research of a historical, scientific, technological or statistical nature.

National Authority:public administration body responsible for ensuring, implementing and monitoring compliance with this Law throughout the national territory.

TYPE OF PERSONAL INFORMATION COLLECTED: The Office collects the information that the User voluntarily provides through the Website, such as by filling out forms in the “Contact” and “Ombudsman” communication channels, as well as through the interest in being part of the Office team, by sending your CV through the “Work with Us” communication channel.

PURPOSE OF DATA PROCESSING:Relationship management by the Firm with its clients and fulfillment of User requests made through the Website.

DATA PROCESSING: Data processing, under the terms of the General Data Protection Law (LGPD), comprises: all operations carried out with personal data, such as those relating to collection, production , reception, classification, use, access, reproduction, transmission, distribution, processing, archiving, storage, elimination, evaluation or control of information, modification, communication, transfer, dissemination or extraction.

Personal data related to the identified natural person may be processed, more specifically name, email and telephone number, these being the data voluntarily made available by the User to the Office.

Data processing will only occur for the purpose of these Terms, with User data remaining kept in the Office’s database in a safe and appropriate manner, with an indefinite duration, depending on the period of processing, purpose achieved or revocation of consent under the terms of the law. Kept in conservation only to comply with legal obligations, study by a research organization, transfer to a third party, respecting the limits of the law and exclusive use by the controller. Considering what is necessary to guarantee security in the processing of data from Users of this Website, the Office has antivirus, firewall and cloud backup software, in order to ensure a level of security appropriate to the risk.

In the event of a breach of personal data, the Office will notify the National Data Protection Authority, under the terms and conditions provided by law. If the violation is capable of posing a high risk to the User’s rights and freedoms, the Firm will inform you of this fact, in accordance with the legal terms and conditions.

The information collected can be controlled by the Office’s employees or service providers, transmitted to state bodies, if applicable, to research bodies, always aiming at needs arising from the provision established between the parties, or in case of legal or regulatory obligation, in processes judicial or administrative, with the Users of this Website being aware.

USE OF PERSONAL INFORMATION: The Office uses the data provided to provide interactive experiences, specifically to:

• Provide the requested information;
• Recruitment and selection of professionals;
• Inclusion of emails in mailings to send advertising materials (newsletter, articles, etc.); and
• Personalize the services provided and make recommendations.

The personal data provided is also used by the Firm to operate its business, including performance analysis, compliance with legal obligations, workforce development and research.

The information is stored and used to clarify the services and also to improve the content of the Website and make it easier to use by the User.

REASONS WHY THE OFFICE SHARE PERSONAL DATA:

We share the User’s personal data, with their consent, to respond to the contact request made by the User. The Firm may also share data with authorized collaborators, service providers, when required by law or to respond to legal process, maintain the security of our products and protect the Firm’s rights or property.

The information collected will only be shared when necessary: ​​(i) to adequately provide the information requested by the User; (ii) protection in case of conflict; (iii) upon judicial decision or request from a competent authority;

• with companies providing technological and operational infrastructure, such as companies providing information storage services.

If necessary, the Office may subcontract third-party companies to process Users’ personal data, without authorization by said Users to carry out this sharing activity. The provision of services by the mentioned subcontractor company must comply with this Policy.

Users, by agreeing to this Policy, are aware of the sharing of their data provided on this Website, including international sharing, and can exercise, directly with the Office, the rights guaranteed by the LGPD. In particular, the right to know about the shared use of data, in which case the following contact details must be indicated: tm@tmassociados.com.br

INTERNATIONAL DATA TRANSFER: As the internet is a global environment, certain services offered by the Office may require the transfer of your data to other countries.

In these cases, the data is treated in accordance with the LGPD (General Data Protection Law) and other protection legislation, and security measures are taken in accordance with the Office’s internal policies and regulations. Furthermore, the Firm adopts standard clauses in contracts signed with its suppliers and service providers.

STORAGE OF PERSONAL INFORMATION:All data provided by Users is collected, stored, preserved and processed on the Office’s own server, backups are made in own accounts, system maintenance (software and hardware) is carried out by third parties hired in accordance with the demands and will be used exclusively to carry out the work, and, after termination, termination, rescission or extinction of this Instrument, for whatever reason, they will remain stored in our files as follows:

1. Data dissociated from people will be kept without a period of time;
2. Contact data processed for commercial purposes will be retained until the holder withdraws their consent; and
3. Customer data will be retained for the duration of the business/contractual relationship and for a further 10 years for data with tax relevance and 20 years for data with relevance In case of order from legitimate authority or pending proceedings judicial or administrative, the retention periods will be extended to match them.

The processing of your data will be internal, with the Office being authorized to, if it so chooses, carry out this processing externally, with subcontracted operators, who must follow all the rules inherent to the processing of personal data established by the LGPD (General Data Protection Law). , as well as the contractual provisions signed between the controller and the aforementioned operators

The Office uses the best security protocols to preserve the privacy of Users’ data, but also recommends individual protection measures.

RESPONSIBILITY AND CONFIDENTIALITY OF THE PROCESSING OF PERSONAL DATA:

The Office is committed to processing the personal data of Users of this Website, in accordance with the provisions of Federal Law No. 13,709, 2018 and any other applicable privacy legislation, as well as undertaking to adopt organizational and technical techniques to ensure the security of information shared by Users of this Website. Among the measures taken by the Office, the following must be included:

1. Written information security plan; and

1. Segregation controls

The Firm is committed to keeping the personal data of the User of this Website confidential, adopting all necessary technical and administrative measures.

The Office will be responsible for paying, but not limited to, administrative fines, compensation, including losses and damages to Users of this Website who are holders of affected personal data, if it fails to comply with the obligations assumed in these Terms, or if third parties, directly hired by the Office, fail to comply with such terms. obligations.

LAWFULNESS OF THE SOURCE:The Firm guarantees that all information shared to enable compliance with the purpose of these Terms will be collected in compliance with the LGPD, guaranteeing the existence of legitimate expectations of the Users of this Website.

DATA SUBJECT’S RIGHTS:From the beginning of the LGPD’s validity, the holder of personal data will have the right to obtain from the Office, at any time and upon formal request, information regarding their data.

The Office will have 15 (fifteen) days to respond to requests from holders. Requests will be analyzed as provided for in current legislation and, for legal reasons, some requests may not be fulfilled.

Data subjects, according to the text of the LGPD, can exercise their rights through:

1. confirmation of the existence of the treatment;
2. access to personal data processed;

• correction of incomplete, inaccurate or outdated personal data;

1. anonymization;
2. blocking or deletion of personal data;
3. the portability of personal data;

• information about the public and private entities with which data was shared;
• inform the consequences of revoking consent, and

1. inform the factors that led to a decision

HOW TO EXERCISE YOUR RIGHTS:The User can exercise their rights by contacting us via email tm@tmassociados.com.br < /a>or by phone +55 (11) 2923-7989.

OTHER IMPORTANT INFORMATION ABOUT DATA PROTECTION: If any

Change is made to our Privacy Policy, you will receive an email.

HOW TO CONTACT THE DATA PROTECTION OFFICER:

Data protection officer is the person chosen by the Office to act as a communication channel between the controller, data subjects and the National Data Protection Authority (ANPD), when it is formalized. Any questions can be sent to the email tm@tmassociados.com.br.

NON-PERSONAL INFORMATION:The Office automatically stores, on its servers, information about the activities arising from the browser, including IP addresses and pages accessed, through cookies.

The Website may use “cookies” (a small data file that some websites send to your email address when you visit them), with the aim of tracking Users’ usage patterns. If the User wishes, they can configure their browser (browser) to be alerted before a cookie is sent to them, so that they can refuse it. However, this action may limit the activities carried out on our website.

The Website uses social media plug-ins, which allow you to access them from the Website. Therefore, when doing so, the cookiesused by them may be stored in the User’s browser.

WEBSITE SUPPORT SERVICES:Companies contracted to provide any support services for the Website must strictly follow this Policy.

Last updated: March 18, 2024.