Privacy Policy - C MOTTA

Who Are We?

C MOTTA Advogados respects your right to privacy. This Privacy Policy explains who we are, how we collect, share and use information about you, and how you may exercise your privacy rights.

This Policy applies to the website www.cmotta.com.br and to all interactions maintained with C MOTTA through its communication channels.

C MOTTA acts as the controller of the personal data processed within the scope of this Policy, pursuant to the Brazilian General Data Protection Law (Law No. 13,709/2018 — “LGPD”), and may also act as a processor in certain specific situations, as explained below.

What C MOTTA Does

C MOTTA Advogados is a law firm composed of professionals licensed to practise Brazilian law, specialising in corporate law, mergers and acquisitions (M&A), capital markets and corporate governance, with operations in Brazil and in international transactions. The firm provides legal advice to legal entities and individuals.

Information Collected

We collect information about visitors to our website, our clients and users, job applicants and individuals who interact with our communication channels. This information is collected from the following sources:

Information we collect directly from you. The type of information we collect directly from you varies based on your interaction with our website and our services. We collect information directly from you when you apply for a position and complete an application or other forms on the website. We also collect information that you send to us by any means, including, among others, email and telephone.

Information collected automatically. When you visit our website, we may automatically collect certain information from your device. In Brazil, this information may be considered personal data under the LGPD. Information collected automatically may include your IP address, device type, unique device identifiers, browser type, broad geographic location, such as at country or city level, and other technical information. We may also collect information about how your device interacts with our website, including the pages accessed and the links clicked. The collection of this information enables us to better understand the visitors who access our website, where they come from and what content is of interest to them. Some of this information may be collected through cookies and similar tracking technologies.

Information from other sources. In certain situations, we may receive information about you from partners or publicly available sources, always within the limits permitted by applicable law.

Processing of Data in Connection with the Provision of Legal Services

In connection with the provision of legal services, C MOTTA processes personal data relating to clients, their representatives, shareholders, officers, employees and counterparties in the transactions on which it advises.

Data processed. The data processed in this context include identification and contact information, such as name, position, email and telephone number, data concerning equity interests, assets and business structures, as well as other information required for the conduct of the transaction or compliance with legal and regulatory obligations.

Purpose and legal basis. The purpose of the processing is the performance of the legal services agreement, compliance with legal and regulatory obligations applicable to the legal profession, including rules issued by COAF, the Federal Council of the Brazilian Bar Association and the Brazilian Securities and Exchange Commission, as applicable, and the regular exercise of rights in judicial, administrative or arbitration proceedings.

Role of C MOTTA: controller and processor. C MOTTA may act in two different capacities under the LGPD. When it processes personal data for its own purposes, such as managing the client relationship, issuing invoices or complying with regulatory obligations, it acts as controller and is responsible for decisions concerning the processing. When it processes personal data exclusively under the client’s instructions, such as in the processing of databases concerning employees, shareholders or counterparties in the context of due diligence or a restructuring, it acts as processor, following the instructions of the client, which is the controller in that relationship. In situations in which C MOTTA acts as processor, the processing of data is governed by the terms of the legal services agreement entered into with the client.

Professional secrecy. All data processed in the context of the lawyer-client relationship are subject to the duty of professional secrecy established under the Brazilian Bar Act (Law No. 8,906/1994) and the Code of Ethics and Discipline of the Brazilian Bar Association, which continues to apply after the termination of the mandate or agreement.

Third-party data provided by the client. When a client provides us with personal data relating to third parties, such as counterparties, employees and beneficiaries, among others, for the conduct of a transaction, the client represents that it has an appropriate legal basis for such transfer under the LGPD.

Retention. Client data are retained for the period required for the provision of the services and, following their completion, for the applicable limitation periods or as required by a specific legal or regulatory obligation.

Use of Information

C MOTTA Advogados processes information for legitimate purposes, in accordance with the practices described in this Privacy Policy. Our purposes for collecting and using information include:

Operating and improving the website and the services;
Responding to contacts, enquiries and requests received;
Providing legal services to clients, including the performance of agreements and compliance with the obligations arising from them;
Conducting conflict-of-interest checks and complying with ethical and regulatory obligations applicable to the legal profession;
Monitoring the use of the services;
Providing client support;
Sending technical notices, updates and security alerts;
Considering applications for open positions at the firm and processing professional histories;
Managing our day-to-day operational requirements, such as website administration, analysis, fraud prevention and compliance with legal and contractual obligations;
Regularly exercising rights in judicial, administrative or arbitration proceedings.

Legal Bases for the Processing of Data

Pursuant to the LGPD, C MOTTA only processes personal data when there is an appropriate legal basis. The principal legal bases applied are:

Performance of an agreement (Article 7, V): to process data required for the provision of the contracted legal services;
Compliance with a legal or regulatory obligation (Article 7, II): to comply with legal, regulatory and professional requirements applicable to the legal profession;
Legitimate interest (Article 7, IX): for purposes such as the operation and security of the website and management of client relationships, provided that your rights are respected;
Consent (Article 7, I): when required and when it cannot be replaced by another legal basis, with the possibility of withdrawal at any time;
Regular exercise of rights (Article 7, VI): for the purposes of judicial, administrative or arbitration proceedings.

With Whom We May Share Your Information

C MOTTA does not sell personal data. The information collected may be shared in the following circumstances:

Service providers (processors): with companies that provide us with technology, hosting and analytical support and that are contractually required to process the data solely for the purposes determined by us and in accordance with the LGPD;
Public authorities: when required by law, court order or determination of a competent authority, including the Brazilian Data Protection Authority, the Federal Council of the Brazilian Bar Association and the Brazilian Securities and Exchange Commission;
External advisers and consultants: in specific situations and subject to confidentiality obligations, when required for the provision of services to the client;
Acquirer, seller, counterparties and their respective representatives, counsels and advisers of any nature: in the context of transactions, including mergers and acquisitions, provided that such parties use the information solely for the purposes disclosed in this Privacy Policy;
With your consent: in any other circumstances not contemplated above, subject to obtaining your prior and specific consent.

Do you need to change your consent preferences? Click here: Manage cookie preferences.

Cookies and Tracking Technologies

We use cookies and similar technologies for the operation of the website and audience analysis, including Google Analytics. To learn how to disable data collection by Google Analytics, visit: https://tools.google.com/dlpage/gaoptout.

You may manage or block cookies through your browser settings:

Please note that blocking certain cookies may affect the operation of parts of the website.

Third-Party Links and Integrations

Our website may contain links to third-party websites and social media profiles that are not operated by C MOTTA. C MOTTA is not responsible for the privacy practices of those entities, and we recommend that you read their respective policies before interacting with those services. When you interact with other entities, including when you leave our website, those entities may independently collect information about you. Information collected and stored by those entities remains subject to their own policies and terms.

Your Data Protection Rights

Pursuant to the LGPD, Article 18, you have the following rights in relation to your personal data:

Confirmation and access: to know whether we process your data and to obtain access to them;
Correction: to request the correction of incomplete, inaccurate or outdated data;
Anonymisation, blocking or deletion: of data that are unnecessary, excessive or processed in breach of the LGPD;
Portability: to another service provider, in accordance with the regulations issued by the Brazilian Data Protection Authority;
Deletion of data processed on the basis of your consent;
Information about the entities with which we share your data;
Withdrawal of consent at any time, without prejudice to processing carried out previously;
Objection to processing carried out in breach of the LGPD;
Review of automated decisions.

To exercise any of these rights, please contact our Data Protection Officer (DPO) by email at privacidade@cmotta.com.br. We will respond to requests within the applicable legal period and may request additional information to verify your identity.

You also have the right to submit a complaint to the Brazilian Data Protection Authority, which may be accessed at www.gov.br/anpd.

Security

C MOTTA adopts administrative, physical and technical safeguards to protect personal data against unauthorised access, disclosure, alteration and destruction. The measures adopted include access controls, encryption of data in transit and at rest, and internal information-security procedures. However, transmission over the internet is not entirely secure, and we cannot guarantee the absolute security of information.

In the event of a relevant security incident, C MOTTA will follow the procedures required under the LGPD, including notification to the Brazilian Data Protection Authority and the affected data subjects, when applicable.

Data Retention

We retain the information that we collect from you for as long as there is an ongoing legitimate need, for example, to provide a service requested by you or to comply with applicable legal, tax or accounting requirements. When there is no longer a legitimate need for the processing, the information will be deleted or anonymised.

International Transfers

Your information may be transferred to and processed in countries other than Brazil as a result of the use of technology providers with infrastructure located abroad. In such circumstances, we adopt the safeguards required under the LGPD, Article 33, to ensure that your data remain protected at a level equivalent to that provided under Brazilian law.

Privacy Complaints in Brazil

We undertake to resolve complaints concerning our collection and use of personal data. Unresolved complaints may be submitted to the Brazilian Data Protection Authority, which may be accessed at www.gov.br/anpd.

Children

C MOTTA’s services are intended exclusively for legal entities and adult professionals. C MOTTA does not knowingly collect or process personal data relating to children or adolescents under the age of 18. If we become aware of any inadvertent collection, the data will be deleted immediately.

Data Protection Officer (DPO)

C MOTTA has appointed a Data Protection Officer (DPO) responsible for acting as a communication channel between the firm, data subjects and the Brazilian Data Protection Authority, pursuant to Article 41 of the LGPD.

Contact: privacidade@cmotta.com.br

Updates to This Policy

We may occasionally update this Privacy Policy in response to legal, technical or operational changes. When the changes are relevant, we will inform data subjects through the available channels. We will obtain your consent for any changes that require it under the LGPD. The date of the most recent update is always indicated at the beginning of this document.

How to Contact Us

Email: privacidade@cmotta.com.br

Website: www.cmotta.com.br

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This Privacy Policy was prepared in accordance with the Brazilian General Data Protection Law (Law No. 13,709/2018 — LGPD) and other applicable Brazilian regulations.