PRIVACY POLICY
SM&A respects the privacy of its Users and guarantees the security of Personal Data that may be shared on its official communication channels and is committed to the protection of Personal Data that are shared by Users. In this Privacy Policy (“Privacy Policy”), Users will find the main information on how and why SM&A uses shared Personal Data, in accordance with Law No. 13,709/2018) – Lei Geral de Proteção de Dados (“LGPD”; General Data Protection Law). We recommend the careful reading of this document. This Privacy Policy does not apply to unofficial websites and/or websites controlled by third parties not affiliated with SM&A. SM&A assumes no responsibility for the content and Personal Data shared with third party websites. By accepting this Privacy Policy, Users grant their free and express agreement with the terms stipulated herein.
1. GLOSSARY:
1.1. The following definitions should be considered for the purpose of better understanding of this document:
1.1.1. Official Communication Channels: websites (“Site”), corporate e-mails and SM&A’s official social network, understood and limited to LinkedIn;
1.1.2. Cookies: Small files or information that may be stored on the device that was used to access the SM&A Websites or online services. Cookies are used to improve navigation on the Site;
1.1.3. Personal Data: information that allows the identification of the individual in particular, obtained in any type of means (physical, electronic etc.). They may include, for example, name, address, e-mail, telephone, CPF (Brazilian main personal ID number), IP address and geolocation data;
1.1.4. Sensitive Personal Data: Personal Data related to racial or ethnic origin, religious conviction, political opinion, affiliation to a union or to an organization of a religious, philosophical, or political nature, data relating to health or sex life and genetic or biometric data;
1.1.5. Users: People who access or interact with the SM&A Sites and/or SM&A’s official social networks. By using this Site, Users accept and consent to this Privacy Policy and the features described herein.
2. COLLECTION, USE AND STORAGE OF PERSONAL DATA
2.1. The access to the website with the provision of Personal Data by the Users or the contacts made by e-mail may be used for the collection of information that aims at the best provision of services by SM&A, as well as the improvement of the Sites, making them increasingly focused on the needs and information that Users seek.
2.2. The use of the SM&A website does not necessarily require the provision of personal data. However, if the User intends to contact SM&A for any type of request, his/her data will be requested when filling out an electronic form.
2.2.1.The personal data requested must be informed so that it is possible to proceed with the request or service.
2.3. SM&A collects the Personal Data entered or forwarded actively and voluntarily by Users when contacting SM&A, and the express consent of Users is requested for such collection. In general, SM&A collects the following Personal Data: name, e-mail and telephone number.
2.4. For the general purposes set out in this Privacy Policy, SM&A does not process Personal Data defined as Sensitive Personal Data, nor data of individuals under the age of 18 (eighteen). In the event of necessary processing of these data, SM&A will request the exclusive and isolated consent of the Users, or their guardians, it that’s the case, based on the authorizing hypotheses of the LGPD (General Data Protection Law).
2.5. The data collected may be used for the following purposes:
2.5.1. Enable the assistance of Users, via the contact form on the Site, e-mail and/or social networks; and
2.5.2. Keep User data up to date.
2.6. Personal Data of Users are kept for a period strictly necessary for each of the purposes set out in this Privacy Policy. The storage of this Personal Data will be based on the legal guidelines that authorize this activity and will be automatically eliminated by SM&A when they are no longer useful for the purposes for which they were collected and are no longer necessary to comply with any legal obligation directed at SM&A, or even when Users request their deletion, unless the maintenance of Personal Data is expressly authorized by law.
2.7. Any submissions of CVs by the User to participate in SM&A’s selection processes, sent by e-mail, will be treated in accordance with this Privacy Policy. These curricula will integrate the SM&A Database and will be stored for a maximum period of 01 (one) year, during which the User may be contacted to carry out stages of the selection process. After this period, the User’s CVs and Personal Data will be fully deleted, securely and appropriately.
3. SECURITY OF PERSONAL DATA
3.1. The database generated through the collection of Personal Data actively sent by Users is the sole responsibility of SM&A, being used within the limits and for the purposes explained in this Privacy Policy. SM&A guarantees that it complies with all appropriate information security requirements and measures against unauthorized access, alteration and disclosure of the database referred to herein.
3.1.1. Although SM&A spares no effort to safeguard the privacy and protection of Users’ Personal Data, no transfer of information is completely secure. Therefore, SM&A cannot guarantee that the information shared will not be subject to unauthorized access practiced in order to obtain information by improper means, such as viruses or system invasion to access the data available on the Site. In the extreme hypothesis of episodes of this nature, SM&A guarantees the absolute commitment to stop the repercussions of the event.
3.2. SM&A also guarantees restricted access to Personal Data to a few employees, who are contractually obliged to maintain the confidentiality of the information, as well as not to use it inappropriately.
3.3. In the case of Personal Data processing by external agents that work in partnership with SM&A, they must ensure the full confidentiality of the data accessed, as well as agree that they will use the best customs for handling this information, in accordance with the contractual obligations established between SM&A and the external agent.
3.4. SM&A, in order to protect the Personal Data of Users, in addition to making technical efforts, periodically update the privacy program used in its activities.
4. SHARING PERSONAL DATA
4.1. The Personal Data collected by SM&A may be shared with third parties, in order to operationalize the purposes proposed in this Privacy Policy, in the following cases:
4.1.1. With public power entities, authorities, or other institutions, in order to protect the needs of SM&A in any possible conflicts, including lawsuits and administrative procedures;
4.1.2. In cases of need to transfer information for the continuity of SM&A’s services in eventual operations and corporate reorganizations;
4.1.3. By court order or at the request of administrative authorities that have legal competence for it.
5. RIGHTS OF USERS AS DATA OWNERS
5.1. SM&A guarantees the Users the following rights regarding their Personal Data, pursuant to article 18 of the LGPD:5.1.1. Confirmation of the existence of processing;5.1.2. Access to the Personal Data that is processed by SM&A;5.1.3. Correction of incomplete, inaccurate or outdated Personal Data;5.1.4. Anonymization, blocking or elimination of data that are unnecessary, excessive or processed in violation of the current legislation;5.1.5. Portability of Personal Data to another service or product provider, upon express request by Users;5.1.6. Deletion of Personal Data processed with the consent of the Users;5.1.7. Obtaining of information about the entities with which the personal data was shared;5.1.8. Information about the possibility of Users not providing consent, as well as being informed about the consequences in case of refusal; and5.1.9. Revocation of Consent;
5.2. Users may exercise their rights by means of a request sent to the e-mail address of our Data Officer, namely, lgpd@sma-eng.com.br.5.3. SM&A will endeavor to meet the requests made by Users in a short time. However, if there are justifiable elements, such as, for example, a very complex request, the services may take longer than expected and the appropriate justifications will be presented, keeping Users always informed of the entire process.
6. COOKIES
6.1. SM&A uses cookies to (i) optimize website loading, especially static files; and (ii) store Users’ data.
6.2. The acceptance or not of Cookies can be freely changed in the Users’ browser settings.
6.3. Occasionally, information that SM&A collects through Cookies may be shared with third parties that it has a contractual relationship with, which must act in accordance with the provisions set forth herein.
7. DOUBTS, CLARIFICATIONS AND SUGGESTIONS
7.1. For any clarifications and suggestions about SM&A’s Privacy Policy, please contact its Data Protection Officer via e-mail: lgpd@sma-eng.com.br.
8. APPLICABLE LAW
8.1. This Privacy Policy has been made in compliance and in accordance with the following federal legislation: Law No. 13,709/2018 – Lei Geral de Proteção de Dados (“LGPD”; General Data Protection Law), Law No. 12,965/2014 – Marco Civil da Internet (Internet Civil Mark) and Law No. 8,078/1990 – Código de Defesa do Consumidor (Defense Code of the Consumer), without loss to the compliance with other laws applicable to SM&A.
9. GENERAL PROVISIONS
9.1. SM&A may make corrections and changes in this Privacy Policy whenever necessary. This document does not create any contractual links between the Sites and the Users.
9.2. If a User considers that SM&A violated any legal provision or any provision of this Privacy Policy, SM&A may be contacted directly through the email lgpd@sma-eng.com.br and, in addition, Users have the right to file a complaint with Autoridade Nacional de Proteção de Dados (National Data Protection Authority).
9.3. If third party companies process any Personal Data collected by SM&A, they must comply with the conditions stipulated herein and the SM&A Information Security standards, obligatorily.
9.4. If any provision of this Privacy Policy is considered illegal or illegitimate, the other conditions will remain in full force and effect.
