(Português) Nova Lei de Recuperação Judicial reforça entendimento do STJ sobre a prevalência do Juízo Universal

These Terms of Use contain the rules of use of the site of Escanhoela Advogados Associados (“EAA”), located at the electronic address www.escanhoela.com.br (“website”), as well as the content made available on the website.

These Terms of Use apply themselves to all those who in any manner interact with EAA’s website or the content made available in it, including in the case they have been sent to the site by external links.

By navigating through, accessing or in any other manner using EAA’s website, its users fully accept and consent with the conditions contained in these Terms of Use.

Objective and Content

The website has as its only objective supply institutional information about EAA and its staff, whose availability does not constitute the rendering of legal services to the site’s users.

Informative Character

All the material included on the website is published only for informative purposes and does not constitute marketing material with the intent of client acquisition or rendering legal services.

The legal articles and reports written by EAA’s staff are of the exclusive responsibility of the respective authors, and must be considered only as informative material, and must not be interpreted as legal orientation.

EAA does not render legal services through its website, and legal orientation for specific cases must be obtained through our lawyers.

Copyright

All the texts, graphics, user interfaces, trademarks, logos, photographs, or any other content inserted in the website is of property of, controlled by or licensed to EAA, and are protected by the applicable copyright and intellectual property laws.

Except in the case of previous written authorization by EAA, it is expressly forbidden the reproduction, commercialization, publication or distribution, by any title or in any form, of the information, materials, texts, graphics, trademarks, as well as of any other form of content in the website, in full or in part, except in the case that it is destined to exclusively personal use, without any commercial or economic purpose, and without the user acquiring any right over such content.

Alterations

EAA may, at any moment and by its exclusive criteria, modify its website’s configuration, and may even alter the rules, including these Terms of Use, the Privacy Policy and other texts and content of the Website, without need of any prior notification to the users.

The use of this website after the changes are effectuated means that the user automatically accepts and agrees with the changes made.

Any information contained in this website may be periodically updated or modified, as above, and should not be interpreted as definitive.

Liability

EAA shall not be liable for the use, application or processing that the users may give to the information supplied on the website, such users being entirely accountable for the use they make of such information.

EAA, in no hypothesis, shall be liable before any person for any kind of loss, damage, cost or expense arising from any kind of error, omission or alteration of the information here supplied, neither shall be liable for any delays, inaccuracies, mistakes, or interruptions, occasioned due to the supply of any information through the website’s pages.

Venue

The jurisdiction of the Judicial District of Sorocaba, State of São Paulo shall be competent to solve any controversies arising from these Terms of Use, independent of any other, no matter how privileged it is or comes to be.

Escanhoela Advogados Associados – EAA

EAA’s Privacy and Personal Data Processing Policy

This Privacy and Personal Data Processing Policy (“Privacy Policy”) aims to inform you of the forms in which Escanhoela Advogados Associados (“EAA”) collects and processes your personal data to render its legal services.

The conditions of this Privacy Policy are applicable to EAA’s clients, as well as to all those who access its homepage, located at www.escanhoela.com.br, contact EAA (including through its social media), or who interact with EAA in any form that implies the exchange of information and personal data with EAA.

By contacting EAA, accessing the site www.escanhoela.com.br, or hiring EAA’s services, you thoroughly accept and consent with the terms and conditions of this Privacy Policy.

The non-agreement with the personal data processing in the terms of this Privacy Policy may cause the impossibility of adequate rendering of legal services by EAA, in which case it may reserve to itself the right to refuse the contracting of the requested services.

For the purpose of this Privacy Policy, the adopted definition of personal data processing is that set forth on Law No. 13709/2018, that is, data processing is defined as all operations done with personal data, such as those referring to the collection, production, reception, classification, use, access, reproduction, transmission, distribution, processing, filing, storage, elimination, information evaluation or control, modification, communication, transference, diffusion or extraction.

General Use of Data

EAA only collects information or personal data with the express consent of its owner, or in the cases that the collection without need of consent is permitted by law, especially in, but not limited to, the following hypotheses:

• for the performance of EAA’s legal and regulatory obligations;
• for the performance of agreements or of preliminary procedures related to agreements; and
• for the regular exercise of EAA’s and its clients’ rights in judicial, administrative, or arbitral procedures.

The information and personal data collected by EAA is stored in secure databanks, managed by third parties, and are protected using technologies that are adequate for that purpose.

Information referring to our clients and users will not be used or transmitted outside of what is permitted by the legislation in force without the consent of its owner.

Information received from third parties

We may use information received in accordance with the data protection legislation from third parties, including public information made available by government authorities, such as, as an example, information within lawsuits that are not closed to the public, to update our registers and to render our services.

Personal Data Processing

The information and personal data collected by EAA will be used for the following purposes:

• Rendering of legal services by EAA to its clients;
• Contact with EAA’s clients, as well as with possible clients, candidates to job openings, and anybody else that is interested in contacting EAA;
• Verification of disconformities that are pointed out, respecting the secrecy and anonymity of the person who does the communication, when requested in the filled-out form for the communication of disconformity;
• Performance of EAA’s legal and regulatory obligations;
• For the performance of agreements or of preliminary procedures related to agreements in which EAA is involved; and
• For the regular exercise of EAA’s and its clients’ rights in judicial, administrative or arbitral procedures.

The processing of personal data may also be done in other hypotheses besides the ones set forth above, so long as EAA obtains the authorization of the owner of the personal data for such processing, or that it fits one of the hypotheses in which the data protection legislation in force authorizes its performance without need of consent from the owner.

EAA does not commercialize the personal data collected from its clients, the users of its site, or any other person.

Operators

EAA may use the services of third parties to perform data processing in its behalf (i.e.: databanks, legal management platforms), which will qualify as operators, performing the processing of personal data transferred by EAA in the terms of the data protection legislation in force.

It is forbidden for data operators hired by EAA to use the received personal data for any purpose besides the performance of its contractual, legal and regulatory obligations.

Personal Data Security

EAA adopts the necessary and adequate security precautions to protect the received and processed personal data, in the terms of the legislation in force.

Updates to the Privacy Policy

The most recent version of this Privacy Policy always may be found on the site www.escanhoela.com.br.

This Privacy Policy may be updated by EAA, who will send to its clients a notice of any change or update to this policy, by the contact e-mail registered into our system.

Termination of the Personal Data Processing

The termination of the processing of personal data by EAA may be requested by any client or third party, by sending an e-mail to the electronic address privacidade@escanhoela.com.br, for the request to be analyzed and the necessary measures be adopted.

Even after the request of termination of data processing is sent to EAA, it may, in the case that the hypotheses set forth in law that permit the continuity of data processing without need of consent are present, keep processing the personal data to which it understands that such hypotheses are applicable.

Besides, even if the hypotheses of permission to process data without consent are not applicable, EAA may conserve the processed data when necessary for the performance of its legal or regulatory obligations, for its exclusive use, being forbidden the access to third parties, by means of anonymization, or on the other hypotheses allowed by the legislation in force, adopting the necessary caution for such.

Contact

Any questions or requests related to this Privacy Policy or to the processing of personal data performed by EAA must be sent through the e-mail privacidade@escanhoela.com.br.

Escanhoela Advogados Associados – EAA