Terms and Conditions
1. Introduction
This TCU document establishes the rules and conditions for using the website www.gsga.com.br “Website” and materials/services offered by the law firm Gaia Silva Gaede & Associados – Sociedade de Advogados “GSGA,” by any person who accesses or uses it “User.”
This TCU presents clear and precise information related to the Website and materials/services offered to the User by the application and the way they are provided, as well as the requirements to access them and the places and means for the User to make any statements about the provision of the service.
This document will be updated frequently according to new guidelines issued by the National Personal Data Protection Authority “ANPD” or future amendments to Law 13,709/2018, the General Personal Data Protection Act “LGPD,” and any other legislation related to personal data protection.
This TCU replaces any previous notice or agreement, whether oral or written, unless otherwise expressly stated in the notice or agreement.
2. Acceptance
By using this website and accessing materials/services from GSGA, the User confirms that he or she has read and understood this TCU in full and agrees to be bound by it. GSGA’s Privacy Policy includes this TCU. If the User does not agree with this TCU, he or she undertakes not to use the Website and materials/services from GSGA.
3. Definitions
| Personal data | Information related to an identified or identifiable natural person. |
| Sensitive personal data | Personal data regarding racial or ethnic origin, religious beliefs, political opinion, membership in a trade union or organization of a religious, philosophical or political nature, data referring to health or sex life, genetic or biometric data, when related to a natural person. |
| Anonymized data | Data related to an owner who cannot be identified, considering the use of reasonable and available technical means at the time of its handling. |
| Database | A structured set of personal data, established in one or various locations, in digital or physical media. |
| Owner | A natural person to whom the personal data that is being handled refers. |
| Handling | Any process done with personal data, such as those relating to collection, production, receipt, classification, use, access, reproduction, transmission, distribution, processing, filing, storing, eliminating, evaluating or controlling information, modification, communication, transfer, dissemination or extraction. |
| Anonymization | The use of technical means that are reasonable and available at the time of the handling to make it so that data can no longer be directly or indirectly associated with an individual. |
| Consent | A free, informed and unequivocal statement by which the owner agrees to his or her personal data being handled for a particular purpose. |
| Elimination | Exclusion of data or a set of data stored in a database, independently of the procedure used. |
| International data transfer | Transfer of personal data to a foreign country or international body of which the country is a member. |
| Shared data use | Communication, distribution, international transfer, interconnection of personal data or shared handling of personal databases by public bodies and entities in the fulfillment of their legal authority, or among these and private entities, reciprocally, with specific authorization, for one or more handling methods allowed by these public entities, or among private entities. |
4. Website Description
The Website contains information, data, text, images, illustrations, materials and other content about GSGA, as well as its respective areas and members “Content.”
In general, the Content is produced by GSGA merely for informative and educational purposes and is not intended to be and should not be interpreted as legal advice, unless expressly stated otherwise. GSGA will not be liable for any reliance by the User on this Content or that of any person with whom the User might share this information.
The Website should not be included or displayed in any other website without GSGA’s prior, written permission. GSGA reserves the right to rescind any permission related to links and other websites without prior notice.
If the User wishes to use any Content available on the Website or materials/services from GSGA in any manner, he or she must send an email to: ivan.hasse@gsga.com.br, to obtain express permission for use.
5. Intellectual property
The Content of the Website, such as trademarks and logotypes, text, articles, images, videos and other published works, as well as databases, networks and files that support the Website’s operation, are GSGA’s exclusive property and are protected by the laws and regulations applicable to copyright and industrial/intellectual property. By accessing the Website or using GSGA’s materials/services, the User represents that he or she will respect all the copyrights and industrial/intellectual property rights and rights related to the work of third parties that is in some manner available on the Website or in GSGA’s materials/services.
Except when otherwise stated, the User can download and use the Content available on the Website, exclusively for personal and noncommercial purposes, with distribution, modification, transmission, use or reuse of the Website’s Content for any other purpose, without GSGA’s written permission, being prohibited. The User cannot access or use the Website in any way that could or that is intended to harm and/or prejudice the Website, GSGA, its partners or any server or network underlying the Website or interfere in the use and enjoyment of the Website.
6. User’s Rights
With relation to the User’s personal data handled by GSGA, the User can request at any time: (i) confirmation of the existence of handling; (ii) access to the data; (iii) correction of the data; (iv) anonymization, blocking or elimination of unnecessary or excessive data or data handled in breach of the provisions of the LGPD; (v) data portability to another service or product provider; (vi) elimination of the personal data handled with the owner’s consent, except in the hypotheses provided for in article 16 of the LGPD; (vii) information from the entities with which GSGA has engaged in shared use of data; (viii) information regarding the possibility of not giving consent and its consequences; (ix) revocation of consent, at any time through the User’s express statement, through a free and easy process.
7. The User’s and GSGA’s responsibilities
THE USER: The User must use the Website appropriately, acting with courtesy and good faith; provide information pertinent to the material/services used, when requested; cooperate in the appropriate use of the material/services; provide true information and accept responsibility for the possible consequences of errors and omissions; obey the rules established in this TCU and GSGA’s Privacy Policy; accept responsibility for possible third-party applications that could use personal data in his or her device; accept responsibility for the security of the device through which the Website is accessed; remedy direct and indirect harm that is caused to GSGA and third parties through the misuse of the Website.
GSGA: GSGA, as the custodian of the User’s personal information, must comply with the LGPD and any other legislation related to personal data protection so as to preserve the privacy of the data used on the Website.
In no case will GSGA be liable for the installation of malicious code (viruses, Trojan horses, malware, worms, bots, backdoors, spyware, rootkits or any others that may be created) on the User’s equipment as a result of the User using the Website.
GSGA will make its best effort to keep the information published on the Website as accurate, updated and complete as possible. However, it will not be liable for inaccuracies, errors, fraud, insufficiency or discrepancies in the information, data, images, videos or other related content.
Access to the Website is temporarily allowed and GSGA reserves the right to withdraw or alter the Content offered on this Website without prior notice. GSGA will not be liable if, for any reason, the Website is unavailable at any time or for any period. GSGA can periodically restrict access to certain Content or the entire Website.
The Website can include links to other websites and sources provided by third parties, for informational purposes only. GSGA does not have control over the content shown on those websites and sources and is not responsible for them or for any loss or harm that might result from the use of their content.
8. Contact information
If the User has questions about this or any content available on the Website or GSGA ‘s materials/services, he or she should send an email to: ivan.hasse@gsga.com.br or contact us by telephone at: +55 (41) 3304 8800.
9. Changes to the TCU
GSGA can change this TCU at any time, and any changes will be reported by notice on the Website or noted in an email alert sent by GSGA. At that time, the User must renew his or her consent to the TCU. We recommend that the User periodically read the TCU to ensure knowledge of and agreement with its terms.
By continuing to use the Website and GSGA’s materials/services, the User indicates that he or she has read, accepted and agreed to the TCU and its changes.
10. Applicable law and venue
This TCU is governed by Brazilian law and any disputes or controversies arising from this TCU must be resolved by the Central Court of the District of Curitiba, Paraná, with the express waiver of any other, no matter how privileged it may be.
Without prejudice to any other form of administrative or judicial remedy, all data owners have the right to present a claim to the ANPD.
