Version dated 25 May 2018

SRS Advogados ("SRS"), as responsible for the processing, values your privacy and is concerned with the way your personal information is processed.

SRS recommends reading this Privacy Policy and its updates. In case of further changes to this Privacy Policy, the date of the latest version is as indicated above.

This policy addresses:

  • The data controller
  • Which personal information is collected and processed
  • How we obtain your personal information
  • How your personal information is used
  • On what basis we use your personal information
  • For how long do we keep your personal information
  • With whom we share your personal information
  • How your personal information is protected
  • To which countries is your personal information transferred
  • Your rights regarding your personal information

The data controller

SRS is responsible for collecting and processing your personal information, while providing you with legal services and in this context will decide which personal information is collected, the means of processing and the purposes for which the information is used.

Which personal information is collected and processed

Your personal information may be collected during the provision of our services, through the use of our website, by contacting or requesting information about SRS or as a result of the contacts you may have with any of our employees or clients.

Personal information processed by SRS includes:

  • Primary information such as your name (including prefix or title), your business, title or title and your connection to an individual person
  • Contact details, such as postal address, e-mail address and telephone numbers
  • Financial information, such as payment-related information
  • Technical information, such as information from your visits to our website or in relation to materials and communications we send to you electronically
  • Information you provide for scheduling of meetings or presence at events, including access and dietary requirements
  • Background information provided by you or gathered as part of the client acceptance process
  • Personal information provided by SRS or on behalf of our clients or generated by SRS in the course of or while providing services to our clients, including special categories of information
  • Any other information that you may give us

How we obtain your personal information

  • We collect information from you as part of the procedure of contracting of our services, extending to third parties as necessary, during the provision of legal services
  • While monitoring our computer tools and services, including through our website and electronic communications to and from SRS
  • When provided or through interaction by you directly with us, such as through contacts with our employees
  • And through other means and sources, such as keeping the contact details we already hold for you accurate and up to date using publically available sources

How your personal information is used

SRS gathers and processes your personal information in a number of ways, including through our website and our services. We use your information to:

  • Provide and improve the services we provide, which may include the processing of personal information of third parties on behalf of our clients
  • To make available information you request from us
  • To promote our services, by sending news and publications, newsletters and details of events;
  • To guide and direct our relationship with you and our clients
  • Compliance of our legal, regulatory and risk management obligations, including in the exercise of rights or in defence of legal proceedings
  • Provide and improve our website, including by auditing and monitoring its use
  • To provide information requested by you
  • For recruitment purposes

Using the SRS website

Several features on our website invite you to submit your personal information, as is the case of the Newsletter Registration at the foot of this page. The purpose of such functionalities are those available on the page and, from the moment you provide your personal information, it will be used only for the purpose for which it was submitted.

Marketing and other emails

We collect and process your personal information so that we can contact you with information regarding the services we provide and the activities in which we participate through newsletters and other communications. We can use a relationship management tool to assess the strength of the relationship between SRS individuals and our clients or potential clients based on the frequency of contact by email between them. We use this information to evaluate, assess and improve the services we provide.

Meetings, events and seminars

We collect and process your personal information when you contact our offices or participate in any event or seminar organized or co-organized by SRS. We will only use or process special categories of personal information such as access and dietary requirements so that we can meet your needs and comply with any legal or regulatory obligations. Your personal information may be shared with those responsible for IT, other service providers or partners involved in the organization or as hosts of the event in question.

Legal and other services

We collect, store and use personal information during and in connection with the services provided to our clients. Identification and background information will be processed as part of our new client and subject acceptance processes, financial details, business management and marketing, including for compliance with anti-money laundering and terrorist financing regulations, conflict verification, and application of tax regulations. We also process personal information provided by or on behalf of our clients depending on the services for which we are hired. Such information may be disclosed to third parties when reasonably necessary in connection with such work. See also "Who we share personal information with" and "To which countries we transfer personal information" below.

On what basis we use your personal information

We use your personal information on the following grounds:

  • With your specific consent
  • In proceedings prior to the entering into a contract or the willingness to negotiate, and in the execution of a contractual obligation, in particular through the provision of legal services
  • To submit, defend and become involved in lawsuits or lawsuits
  • To comply with regulatory and legal obligations
  • For legitimate business purposes. Please see "How We Use Your Personal Information" for more details

For how long do we keep personal information

SRS processes and stores your personal information according to the purposes for which they are processed. There are situations in which the law requires the processing and storage of data for a minimum period of time. In particular for 10 years, in the case of data necessary for informing the Tax Authorities regarding accounting, tax purposes or information related to commercial bookkeeping; for 7 years for the purpose of combatting money-laundering and terrorist financing. Likewise, SRS will keep the information according to the deadlines applicable for taking legal action.

But, when there is no specific legal obligation, the information will be processed only for the necessary period of time to fulfil the purposes that led to their treatment and preservation and always in accordance with the law, guidelines and decisions of the CNPD – Comissão Nacional de Protecção de Dados (“CNPD”).

Given the above:

SRS will process and maintain your personal information for the period during which we have a contractual relationship.

As far as video surveillance of our premises is concerned, SRS will only keep recordings of images and personal information for a maximum period of 30 days. SRS may keep other personal information for periods longer than the extent of the contractual relationship, whether based on your consent, or to ensure rights or duties related to the contract, or because it has legitimate interests that justify it, but always for the period strictly necessary for the fulfilment of the respective purposes and in accordance with the guidelines and decisions of the CNPD.

With whom we share your personal information

We may share your personal information with third parties in accordance with contractual provisions in force, including:

  • Our professional consultants and auditors
  • Suppliers with whom SRS contracts certain support services, such as word processing, translations, copies, document reviews
  • IT service providers
  • Third parties involved in the provision of services we provide to clients and with their prior consent, such as lawyers, enforcement agents, local consultants and others
  • Entities involved in the organization of events or seminars or co-hosts thereof

Where necessary, or for the reasons set out in this policy, personal information may also be shared with regulatory authorities, courts, and official entities. While it is unlikely, we may be required to disclose your data to comply with legal or regulatory requirements. We will make reasonable efforts to notify you prior to such sharing, unless we are legally prevented from doing so.

If, in the future, we reorganize or transfer all or part of our business, we may need to transfer your personal information to new entities linked to SRS or to third parties through which SRS’ services will be provided.

SRS can use social networks such as LinkedIn and Twitter. If you are a user of these services, you should review their privacy policy for more information about how they handle your personal information.

SRS will not commercially sell, rent or dispose of personal information to any third party except with your prior permission.

How your personal information is protected

We use a variety of technical and organizational measures to help protect your personal information from unauthorized access, disclosure, modification, loss or destruction in accordance with applicable data protection laws.

To which countries is your personal information transferred

In order to provide our services, it may be necessary to transfer your personal information to places outside the jurisdiction in which you have given them or in which you are while viewing this website.

Therefore, SRS may have to transfer personal information to a third country outside the European Union and not included in the list of countries that the European Union has already considered to meet adequate levels of personal information protection. In such cases, SRS will ensure that data transfers are carried out in strict compliance with applicable legal standards.

Your rights regarding your personal information

The General Regulation on Data Protection of the European Union and other applicable data protection laws protect certain rights for data subjects. In particular:

Right of Access - right to obtain confirmation as to which of your personal information is processed and information about it; for instance, inter alia, what are the purposes of the processing and what are the conservation periods

Right of Rectification - right to request modification of your personal information that is inaccurate or request incomplete personal information, such as address, VAT number, email, telephone contacts, or others

Right to Erasure or "right to be forgotten" - right to erase your personal information, provided that there are no valid grounds for its retention, for example in cases where SRS has to keep the data to comply with legal obligations or because a court case is in progress

Right to Data Portability - right to receive the data you have provided us in a digital format of current use and automatic reading or to request the direct transmission of your data to another entity that becomes the new entity responsible for your personal information, however only if technically possible

Right to Withdraw Consent – you may remove your consent, at any time, for a processing activity, such as direct marketing

Right of Opposition – right to object to a processing activity based on legitimate interest, provided that legitimate reasons prevail over your interests, rights and freedoms, such as defending a right in a judicial process

Right of Limitation - right to request the limitation of the processing of your personal information, in the form of: (i) suspension of processing or (ii) limitation of the scope of processing to certain categories of data or purposes of processing

Profile and automated individual decision-making - when the processing of personal information, including processing for the definition of profiles, is exclusively automatic (without human intervention) and may have effects in your legal sphere or significantly affect it, the Client shall have the right not to remain subject to any decision based on such automatic processing, except as otherwise provided by law and shall have the right that SRS take appropriate measures to safeguard its rights and freedoms and legitimate interests, including the right to have human involvement in decision making by SRS, the right to express its point of view or contest the decision taken on the basis of automated individual information processing

Right to object - right to complain to the supervisory authority, CNPD, in addition to SRS.

The exercise of rights is free of charge, except in the case of a manifestly unfounded or excessive request, in which case a reasonable fee may be charged regarding its costs.

The information must be provided in writing, but may be given orally if requested. In this case, SRS should verify your identity by means other than oral.

The response to requests should be provided within a maximum of 30 days, unless it is a particularly complex request.

You can do so through the following e-mail address: dadospessoais@srslegal.pt

 

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