PRIVACY POLICY

1. General Information
   This Privacy Policy contains information regarding how we treat, in whole or in part, in an automated or non-automated manner, the personal data of users who access our website. Its purpose is to inform interested parties about the types of data that are collected, the reasons for the collection and how the user can update, manage or delete this information.

   This Privacy Policy has been prepared in accordance with Brazilian Federal Law n°. 12.965 of 23 April 2014 (Civil Framework for the Internet), Brazilian Federal Law nº. 13.853 of 8 July 2019 (Personal Data Protection Act) and EU Regulation n°. 2016/679 of 27 April 2016 (General European Data Protection Regulation – RGDP).

   This Privacy Policy may be updated as a result of a possible regulatory update, which is why the user is invited to consult this section periodically.

2. User rights
   The site undertakes to comply with the standards set forth in the RGPD, in compliance with the following principles:
   – The user’s personal data will be processed in a lawful, fair and transparent manner (lawfulness, loyalty and transparency);

   – The user’s personal data will be collected only for specific, explicit and legitimate purposes, and may not be further processed in a manner incompatible with these purposes (limitation of purposes);

   – The user’s personal data will be collected in an appropriate, pertinent and limited manner to the needs of the purpose for which they are processed (data minimization);

   – The user’s personal data will be accurate and updated where necessary, so that inaccurate data will be deleted or rectified where possible (accuracy);

   – The user’s personal data shall be kept in a form that allows the identification of the data subjects only for the period necessary for the purposes for which they are processed (limitation of storage);

   – The user’s personal data will be treated in a secure manner, protected from unauthorized or illicit processing and against its loss, destruction or accidental damage, adopting appropriate technical or organizational measures (integrity and confidentiality).

   The user of the site has the following rights, conferred by the Personal Data Protection Act and the RGPD:

   – Right of confirmation and access: it is the user’s right to obtain from the website the confirmation that the personal data concerning him or her are or are not the object of treatment and, if this is the case, the right to access his or her personal data;

   – Right of rectification: it is the user’s right to obtain from the website, without undue delay, the rectification of inaccurate personal data concerning him/her;

   – Right to delete data (right to forget): it is the right of the user to have his/her data deleted from the website;

   – Right to the limitation of the data processing: it is the right of the user to limit the processing of his personal data, being able to obtain it when he contests the accuracy of the data, when the processing is illegal, when the site no longer needs the data for the purposes proposed and when he has opposed the processing of the data and in case of processing of unnecessary data;

   – Right of objection: it is the right of the user to object at any time, for reasons related to his particular situation, to the processing of personal data concerning him, and may also oppose the use of his personal data to define a marketing profile (profiling);

   – Right of data portability: it is the right of the user to receive the personal data concerning him and that he has provided to the website, in a structured format, of current use and automatic reading, and the right to transmit this data to another website;

   – Right not to be subjected to automated decisions: it is the right of the user not to be subject to any decision taken exclusively on the basis of automated processing, including the definition of profiles (profiling), which produces effects in its legal sphere or which significantly affects it in a similar way.

   The user may exercise his rights by means of written communication sent to the website with the subject “RGDP- https://lhojr.adv.br/“, specifying:

   – Full name or corporate name, CPF (Individual Taxpayers’ Registry of the Federal Revenue of Brazil) or CNPJ (National Taxpayers’ Registry of the Federal Revenue of Brazil) number and e-mail address of the user and, if applicable, its representative;

   – Right you wish to exercise next to the site;

   – Order date and user signature;

   – Any document that can demonstrate or justify the exercise of your right.

   The request should be sent to the e-mail: lhojr@lhojr.adv.br, or by mail, to the following address:

   Luiz Henrique de Oliveira Júnior Sociedade Individual de Advocacia

   Avenue Ernani do Amaral Peixoto, n. 455, room 404
   Downtown, Niterói, Rio de Janeiro, Brazil
   ZIP CODE 24.005-900

   The user will be informed in case of rectification or deletion of his data.

3. Duty not to provide third party data
   During the use of the website, in order to protect and protect the rights of third parties, the user of the website shall only provide their personal data, and not those of third parties.

4. Information collected
   The collection of data from users will be in accordance with the provisions of this Privacy Policy and will depend on the consent of the user, which is dispensable only in the cases provided for in art. 11, item II, of the Law for Protection of Personal Data.
   4.1 Types of data collected

   4.1.1 Data informed in the contact form

   The data eventually informed by the user who uses the contact form available on the site, including the content of the message sent, will be collected and stored.

   4.1.2 Sensitive data

   Sensitive data of users will not be collected, understood as those defined in Articles 9 and 10 of the RGPD and in Articles 11 and following of the Law of Protection of Personal Data. Thus, among others, there will be no collection of the following data:

   – data revealing racial or ethnic origin, political opinions, religious or philosophical convictions, or union membership of the user;

   – genetic data;

   – biometric data to identify a person unequivocally;

   – data relating to the health of the user;

   – data concerning the sexual life or sexual orientation of the user;

   – data related to criminal convictions or offences or with related security measures.

   4.1.3 Data collection not expressly provided for

   Eventually, other types of data not expressly provided for in this Privacy Policy may be collected, provided that they are provided with the user’s consent, or that the collection is permitted or imposed by law.

   4.2 Legal basis for the processing of personal data

   By using the services of the website, the user is consenting to this Privacy Policy.

   The user has the right to withdraw their consent at any time, not compromising the lawfulness of the processing of their personal data before withdrawal. The withdrawal of consent can be made by e-mail: lhojr@lhojr.adv.br , or by mail sent to the following address:

   Avenue Ernani do Amaral Peixoto, n. 455, room 404
   Downtown, Niterói, Rio de Janeiro, Brazil
   ZIP CODE 24.005-900

   The consent of those who are relatively or absolutely incapacitated, especially children under the age of 16 (sixteen), may only be given, respectively, if they are properly assisted or represented.

   The processing of personal data without the consent of the user shall only be carried out for reasons of legitimate interest or for the cases provided for by law, i.e., among others, the following:

   – for the fulfillment of legal or regulatory obligations by the controller;

   – for the performance of studies by research bodies, guaranteed, whenever possible, the anonymization of personal data;

   – when necessary for the execution of a contract or preliminary procedures related to a contract to which the user is a party, at the request of the data subject;

   – for the regular exercise of rights in judicial, administrative or arbitration proceedings, the latter pursuant to Law No. 9307 of September 23, 1996 (Arbitration Law);

   – for the protection of the life or physical safety of the data subject or a third party;

   – for the protection of health, in a procedure carried out by professionals in the health area or by sanitary entities;

   – when necessary to meet the legitimate interests of the controller or third party, except in the event that the fundamental rights and freedoms of the data subject that require the protection of personal data prevail;

   – for the protection of credit, including the provisions of the relevant legislation.

   4.3 Purposes of the processing of personal data

   The personal data of the user collected by the site is intended to facilitate, expedite and fulfill the commitments established with the user and to enforce the requests made by filling out forms.

   Personal data may also be used for a commercial purpose, to personalize the content offered to the user, as well as to provide support to the site to improve the quality and operation of its services.

   The website collects the user’s data in order to carry out profiling, that is, automated processing of personal data that consists of using this data to evaluate certain personal aspects of the user, mainly to analyze or predict characteristics related to their professional performance, their economic situation, health, personal preferences, interests, reliability, behavior, location or displacement.

   The processing of personal data for purposes not provided for in this Privacy Policy will only occur upon prior notice to the user, and in any case, the rights and obligations set forth herein will remain applicable.

   4.4 Period of storage of personal data

   The user’s personal data will be kept for the maximum period of time: 5 years, unless the user requests its deletion before the end of this period.

   Users’ personal data can only be stored after the end of their treatment in the following cases:

   – to comply with legal or regulatory obligations by the controller;

   – for study by research organization, guaranteed, whenever possible, the anonymization of personal data;

   – for transfer to a third party, provided that the data processing requirements set forth in the legislation are respected;

   – for the exclusive use of the controller, its access by a third party is prohibited, and provided that the data is anonymized.

   4.5 Recipients and transfer of personal data

   Your personal data may be shared with the following persons or companies:

   Avenue Brigadeiro Faria Lima, n. 3477, São Paulo, SP, CEP 04538-133, Brazil; Endurance Group Brasil Hospedagem de Sites LTDA, Street Lauro Linhares, 589, Ático, Trindade, Florianópolis – SC, CEP 88036-001 and Automattic Inc, with address at 60 29th St, San Francisco, CA 94110, USA.

   The transfer may only be made to another country if the country or territory in question or the international organization in question ensures an adequate level of protection of the user’s data.

   If there is no adequate level of protection, the site undertakes to ensure the protection of your data in accordance with the most stringent rules, by means of specific contractual clauses for a given transfer, standard contractual clauses, global corporate standards or seals, certificates and codes of conduct regularly issued.

5. The processing of personal data
   
   5.1. the data controller (data controller)

   The controller, responsible for the processing of the user’s personal data, is the natural or legal person, public authority, agency or other body which, individually or jointly with others, determines the purposes and means of processing personal data.On this site, the person responsible for the processing of personal data collected is Luiz Henrique de Oliveira Júnior, who may be contacted by e-mail: suporte@lhojr.adv.br  or in person at the address:

   Avenue Ernani do Amaral Peixoto, n. 455, room 404
   Downtown, Niterói, Rio de Janeiro, Brazil
   ZIP CODE 24.005-900

   The data controller will be directly responsible for the processing of the user’s personal data.

   5.2. the data protection officer (data protection officer)

   The data protection officer is the professional responsible for informing, advising and monitoring the data controller and the employees who process the data regarding the obligations of the website under the RGDP, the Personal Data Protection Act and other data protection provisions in national and international law, in cooperation with the competent supervisory authority.

   On this site the data protection officer is Luiz Henrique de Oliveira Júnior, who may be contacted by e-mail: suporte@lhojr.adv.br.

6. Security in the treatment of the user’s personal data
   The website undertakes to apply technical and organisational measures to protect personal data from unauthorised access and from situations of destruction, loss, alteration, communication or dissemination of such data.

   For the guarantee of security, solutions will be adopted that take into consideration: the appropriate techniques; the costs of application; the nature, scope, context and purposes of the treatment; and the risks to the rights and freedoms of the user.

   The website uses an SSL (Secure Socket Layer) certificate that guarantees that personal data is transmitted in a safe and confidential way, so that the transmission of data between the server and the user, and in feedback, occurs in a fully encrypted or encrypted manner.

   However, the site disclaims liability for the exclusive fault of a third party, such as in the case of an attack by hackers or crackers, or the exclusive fault of the user, as in the case in which he himself transfers his data to a third party. The site also undertakes to communicate the user in an appropriate period of time in the event of any type of violation of the security of your personal data that may cause you a high risk to your rights and personal freedoms.

   The violation of personal data is a breach of security that causes, accidentally or illicitly, the destruction, loss, alteration, unauthorized disclosure or access to personal data transmitted, stored or subject to any other type of treatment.

   Finally, the website undertakes to treat the user’s personal data confidentially, within the legal limits.

7. Complaint to a supervisory authority
   Without prejudice to any other administrative or judicial remedy, all data subjects shall have the right to lodge a complaint with a supervisory authority. The complaint may be made to the authority of the headquarters of the website, the country of the user’s habitual residence, his place of work or the place where the offence is alleged to have been committed.

8. Changes
   This version of this Privacy Policy was last updated on: 27/08/2019.

   The editor reserves the right to modify, at any time and without prior notice, the website the present rules, especially to adapt them to the evolution of the Luiz Henrique – Advogado website, either by making available new features, or by deleting or modifying existing ones.
   Therefore, the user is invited to periodically consult this page to check for updates.

   By using the service after eventual modifications, the user demonstrates his agreement with the new rules. If you disagree with any of the changes, you should immediately stop accessing the site and submit your reservation to the customer service, if you so wish.

9. Applicable law and jurisdiction
   For the resolution of controversies arising from this instrument, the Brazilian Law will be fully applied.

   Any disputes shall be submitted to the District Court of Niterói, State of Rio de Janeiro.