top of page

About

Privacy Policy

1. GENERAL INFORMATION AND DEFINITIONS

Komatsu | Advocacy values the privacy of its users, as indicated by people in the form of item 1.1 of this regulation, and this Privacy Policy is intended to regulate their relationship with Komatsu | Advocacy , as well as protecting your privacy and personal data, pursuant to Federal Law 13.709/18 - General Data Protection Law - and detailing how your privacy is protected in a virtual or physical environment when collecting, processing and storing your personal information.

 

Based on this policy, Komatsu | Advocacy aims to protect the User's right, in the form of this regulation, to their privacy, informative self-determination, freedom of their information and communication, the inviolability of their intimacy, image and data, as well as consumer protection and security in the treatment of information voluntarily provided by the User collected in national territory.

 

1.1 Definitions

User: all individuals who will use or visit the website, instant contact applications, email and postal services, over 18 (eighteen) years of age or emancipated and fully capable of performing the acts of civil life or those absolutely or relatively incapable properly represented or assisted.

Personal Data: is any information provided and/or collected by Komatsu | Advocacy , by any means, physical or virtual, even if public, that: (I) identify, or that, when used in combination with other processed information, identify a User; or (II) whereby an individual's identification or contact information may be used. Personal Data can be in any medium or format, including electronic or computerized records, as well as paper-based files. User Personal Data does not include information from any business, corporate or political organization.

Purpose: All User Personal Data will be used solely for contact identification purposes and will not be used, in any form or justification, for marketing purposes or directing advertising actions.

Need: Basis for data collection and use of the website and other contacts, physical or virtual, with Komatsu | Advocacy .

Legal basis: Any information that may be voluntarily and commissioned by Users, as well as that automatically provided through the use of electronic devices, will be treated in accordance with the provisions of Federal Law 13.709/18 - General Data Protection Law .

Consent: express and unambiguous authorization given by the User for Komatsu | Advocacy treats your personal data for a purpose previously described, in which the legal basis necessary for the act requires the express authorization of the holder.

 

This policy applies, in general, to all Users, defined in the terms of item 1.1. of this regulation, which include, but are not limited to, its customers, users and potential users of the services  professionals offered by Komatsu | Advocacy and aims to inform how Personal Data will be the object of collection, production, reception, classification, use, access, reproduction, transmission, distribution, processing, archiving, storage, elimination, evaluation or control of information, modification, communication, transfer, dissemination or extraction and elimination, in accordance with the current General Data Protection Law.

 

When accessing and/or using the Komatsu website | Advocacy , the User declares to have full civil capacity, pursuant to art. 5 of Federal Law 10.406/02 - Civil Code, that is, at least 18 (eighteen) years or if outside the provisions of art. 5 of the Civil Code, declares to be assisted or emancipated, declaring to have full cognitive discernment and express determination control for the acceptance of the terms and conditions of this Privacy Policy and the Consent Term for all legal purposes.

 

If the User does not fit the above description and/or does not agree, even in part, with the terms and conditions contained in this Privacy Policy, he/she shall not access and/or use the services offered by Komatsu | Advocacy , in which case Personal Data will not be used.

 

2. COLLECTION AND USE OF PERSONAL INFORMATION

The User is aware that he provides information consciously and voluntarily by filling out a contact form, directing emails or messages via the Komatsu website | Advocacy and the contact methods available there.

 

When the User fills in forms or submits information containing Personal Data using the contact methods offered by Komatsu | Advocacy , these Personal Data requested will be kept confidential and will be used only for contact purposes and, consequently, identification.

 

 

2.1. WHY DO WE REQUEST YOUR PERSONAL DATA?

Data is required for:

• enable the preparation of a contract related to the service desired by the User and effectively contracted;

• ensure Komatsu contact | Advocacy with the User, in order to achieve the objectives of the contract signed with the User, as well as to optimize their interaction with Komatsu | Advocacy;

• ensure the security of the website, its application and the data it processes;

• inform the User about the evolution of the contractual scope, as well as ensure contact regarding updates on Komatsu's institutional actions | Advocacy;

• comply with legal obligations;

• administrative and management purposes.

 

Providing the data allows Komatsu | Advocacy:

• enable the development of a service provision contract;

• send updates on the status of actions contracted by the User

• Information on institutional actions, of a merely technical-informative nature, without configuring direct mail or advertising actions

• sending courtesies;

• coordinate with partner companies the delivery or provision of services;

• provide services tailored to the User's needs;

• improve the User's experience in the browsing process;

• prevent, detect and investigate activities that are prohibited or illegal;

• improve your website, products and services.

 

2.2. COOKIES AND SIMILAR TECHNOLOGIES

Cookies are small virtual size data files that are transferred to the electronic device used to access the Komatsu website | Advocacy upon acceptance of its use.

 

Komatsu's website | Advocacy uses cookies and registration information to recognize your browser or device, in order to better adapt the view of the website in various operating systems, browsers, applications and platforms, aiming to:


• carrying out diagnostics to improve the User's browsing experience;

• prevent fraudulent activities;

• improve security.

 

If the User blocks or rejects the use of cookies, he will not be able to customize his navigation to improve his eventual future access.

 

Additionally, the User may access 'Help' in the settings of the browser used, to find out how to prevent the use of cookies and to be notified when new ones are received; to see when they expire and to disable them.

 

3. SHARING AND PROCESSING PERSONAL INFORMATION

Komatsu | Advocacia will not make the Personal Data collected, whether on its website, physical or electronic contact methods, available to mailing list brokers or advertising disclosures without your express consent.

Komatsu | Advocacy  may disclose the Personal Data collected to third parties, exclusively in the following situations and within the limits required and authorized by Law:

With its customers and partners when necessary and/or appropriate to the provision of related services, after the service provision contract with the User has been duly signed;

With companies and individuals contracted to perform certain activities and services on behalf of Komatsu | Advocacy , whose contract must contain a confidentiality and secrecy clause;

With companies in which any of Komatsu's partners | Law firm has equity interest;

With suppliers and partners to achieve the services contracted with Komatsu | Advocacy (such as information technology, accounting, among others);

For administrative purposes such as: research, planning, service development, security and risk and contingency management.

When necessary as a result of compliance with a legal obligation, determination of a judicial or administrative authority,

In the event of sharing Personal Data with third parties, the Personal Data collected will be used consistently and in accordance with the purposes for which it was collected, to which the User consented in accordance with what was determined by this Privacy Policy, other website or country privacy statements, and all applicable privacy and data protection laws.

 

4. LEGAL REASONS FOR DISCLOSING YOUR DATA

Under certain circumstances, Komatsu | Advocacy may disclose Personal Data, to the extent necessary or appropriate, to government agencies, consultants and other third parties for the purpose of complying with applicable law or with an order or subpoena from a competent administrative or judicial authority, or if Komatsu | Lawyers believe, using their technical-legal and institutional knowledge, that such action is necessary to:

Comply with legislation that imperatively requires such disclosure;

Investigate, deter or take action related to suspected or actual illegal activities or to cooperate with public bodies or to protect national security;

Execution of its contracts, within the limits of the contract and provided that the guarantees of intimacy and inviolability of Personal Data are respected;

Investigate and defend against any claims or allegations of third parties;

Exercising or Protecting Komatsu's Rights, Property and Safety | Advocacy and its related companies;

Protect the rights and personal safety of its employees, users or the public;

In case of sale, purchase, merger, reorganization, liquidation or dissolution of Komatsu | Advocacy .

Komatsu | Advocacy will inform Users, based on the Personal Data collected, about any legal demands that result in the disclosure of personal information, in accordance with what has been set out in item 4, unless such awareness is prohibited by law or prohibited by court order or, still, if the request is an emergency. Komatsu | The law firm may challenge these demands if it deems that the requests are excessive, vague or made by incompetent authorities.

 

5. SECURITY OF PERSONAL INFORMATION

All Personal Data will be stored in Komatsu's database | Advocacy or in a database maintained in cloud computing by service providers hired by Komatsu | Advocacy , which are duly in accordance with current data legislation.

Komatsu | Advocacy and its suppliers use security procedures to protect the confidentiality, security and integrity of your Personal Data, preventing the occurrence of any damages arising from the processing of such data.

 

Although Komatsu | Advocacy uses security measures, which include, but are not limited to, safe virtual browsing, as well as monitor your electronic system to check for vulnerabilities and unauthorized attacks, in order to protect your Personal Data against unauthorized disclosure, misuse or change, the User acknowledges that he understands and hereby agrees that there is no guarantee that the information cannot be accessed, disclosed, altered or destroyed for breach of any of the physical, technical or administrative protections.

 

6. DATA RETENTION

Komatsu | Advocacia retains all data provided, including Personal Data, as long as the User's registration is active and as necessary to carry out its services.

Komatsu | Advocacia will retain your Personal Data and keep your data stored until any request for deletion or when the need for its maintenance ceases for purposes of contractual obligation with the User

Komatsu | Advocacy may retain your Personal Data after receiving your deletion request, if necessary to comply with legal, tax, administrative, social security obligations, dispute resolution, maintain security, prevent fraud and abuse and ensure compliance with contracts.

 

7. LEGAL BASIS FOR PROCESSING

Komatsu | Advocacy only handles Personal Data in situations where it is legally authorized or through its express and unambiguous consent from the User.

As described in this Policy, Komatsu | Advocacy has legal bases to collect, produce, receive, classify, use, access, reproduce, transmit, distribute, process, archive, store, delete, evaluate or control information, modify, communicate, transfer, disseminate or extract data about the User .

The legal bases include your consent, voluntary and commissioned filling, free from any defects of consent in contracts and preliminary contractual procedures (in which processing is necessary to enter into the contract with the User) and legitimate interests, provided that such processing does not violate your rights and freedoms.

Such interests include protecting the User and Komatsu | Threat advocacy , complying with applicable law, regular exercise of rights in judicial, administrative or arbitration proceedings, enabling the execution or administration of business, including quality control, reports and services offered, managing business transactions, understanding and improving business and relationships with customers and enable users to find cost-effective opportunities.

User has the right to deny or withdraw the consent provided to Komatsu | Advocacy , at any time, when this is the legal basis for processing personal data, and Komatsu may | Advocacy  terminate the provision of its services to this user in the event of such request.

If you have any questions about the legal bases for collecting, processing and storing your personal data, please contact Komatsu | Law Firm and its Processing Agent through the e-mail service@komatsu.adv.br , whose file title should read “[Data Processing Agent] - Deletion of Stored Personal Data”.

 

8. RIGHT TO ACCESS AND CONTROL YOUR PERSONAL DATA

Komatsu | Advocacia offers the User several options of what to do with their Personal Data collected, processed and stored, including its deletion and/or correction. The User can:

 

Delete data: the User may request the deletion of some of his Personal Data (for example, if they are no longer needed to provide him with the services).

Change or correct data: the User may edit or request the editing of some of his Personal Data. The User may also request updates, changes or corrections to their data in certain cases, especially if they are incorrect.

 

Objections, limits or restrictions to the use of data: the User may request the interruption of the use of all or some of his Personal Data (for example, if Komatsu | Advocacy is prohibited from continuing to use its consented right to continue to use them), or limit the use of such data (for example, if your Personal Data is incorrect or illegally stored).

The User has the right to access or take his data: the User may request a copy of his Personal Data and the data that the User has provided and stored on a secure basis, in a readable format by electronic means.

The User can make the requests listed above by contacting the Treatment Agent via email  attendance@komatsu.adv.br and these requests will be considered in accordance with applicable laws.

9. POLICY REVIEWS

Case to Komatsu | Advocacy changes this Privacy Policy, such changes will be posted visibly and constantly on its website. This Policy is effective as of May 1, 2021 and preceding changes will be archived and accessible through the login page.

 

If the User has any questions regarding the website's privacy policies, he/she should contact Komatsu | Advocacy , through assistance from the Treatment Agent, pursuant to item 10 of these Regulations.

 

10. CONTACT

M. Komatsu Soc. Ind. Advocacia acts as a Personal Data Processing Agent, a legal entity governed by private law, a company registered with the CNPJ/ME under number 38.218.930/0001-99. The User may contact the Treatment Agent via e-mail  customer service@komatsu.adv.br .

 

11. COMPETENT COURT

This Komatsu Website Usage Policy | Advocacy is subject to the Laws of the Federative Republic of Brazil, in particular to Federal Law 13,708/18 - General Data Protection Law and any disputes arising from the information provided herein shall be settled through the Court of the Judicial District of São Paulo, where locates its registered office, pursuant to art. 93, I of the Federal Law. 8078/90.

bottom of page