Privacy Policy

Privacy and protection of personal data are very important to Simões Correia Associados – Sociedade de Advogados, SP, RL. This document aims to provide information on the use and protection of personal data, the reason for processing them, as well as the rights of the respective data subjects, in accordance with the provisions of the General Data Protection Regulation – Regulation (EU) 2016/679 (GDPR) – and other pertinent legal provisions.

The information in this document may need to be changed over time.

1. Responsibility for processing of personal data

Simões Correia Associados – Sociedade de Advogados, SP, RL ("SCA"), legal person no. 503 860 832, with registered office at Rua Rodrigo da Fonseca, 178, 1º Dt. 1070-243 Lisbon, is responsible for the collection and processing of personal data, to the extent that it determines the purposes and means of processing such data.

2. Personal Data and Data Subject

Personal data is any information relating to an identified or identifiable natural person. A natural person is regarded as identifiable where that person can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, identifiers by electronic means or one more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

The natural persons to whom the data relate are the data subjects.

3. Collection and processing of personal data

SCA only collects and processes personal data necessary for the provision of the legal services provided. The personal data processed may be provided by the data subjects themselves or may result from established professional relationships.

Personal data may be collected through third parties or other means, even if they are not clients of SCA.

4. Personal data categories

In the provision of services, SCA processes various categories of personal data of Clients and Non-Clients, including:

Civil identification data (e.g., name, gender, place of birth, date of birth, nationality, signature, citizen card number, taxpayer number, passport number);
Tax identification number (e.g., tax identification number, tax office code);
Address and contact details (e.g., tax and/or mailing address, telephone, email address);
Bank details (e.g., account number, BIN/IBAN);
Personal, professional and educational data (e.g., pensioner, occupation, position held, income, employer);
Financial data (e.g., assets);
Health data and other special categories of data (e.g., trade union membership, genetic or biometric data).

The above categories of personal data may belong to different categories of data subjects, namely clients, employees and/or clients of clients, counterparties or applicants, witnesses and experts.

5. Purposes and legal grounds for processing of personal data

The personal data collected are processed for the following purposes and legal grounds:

a) Provision of legal services and management of the contractual relationship, which may in particular include:

Creation of client record and dossier;
Registration of service proposals submitted;
Communications with the client, other parties, counterparties and/or public entities, including courts;
Exercise or defence of rights in administrative, judicial or extrajudicial proceedings, or in disciplinary or investigative proceedings;
Collection proceedings and judicial and extrajudicial claims; and
Storing of documentation in digital and physical media.

The legal basis is contract performance and legitimate interest:

SCA's interest in the rigorous and effective processing of its clients' information, ensuring its reliability and allowing the adequate and rigorous provision of services of excellence, in satisfying their claims and in defending their rights; and

The interest of clients represented by SCA in the execution of mandates and legal advice;

b) For invoicing and accounting management, which includes, inter alia:

Expense accounting, cost control, claims for reimbursement (e.g., travel and other expenses to be borne by Clients);
Invoicing and management of current accounts;
Storing of accounting documents.

The legal basis is contract performance, a legitimate interest and the fulfilment of a legal obligation.

c) For recruitment and selection, namely for analysis of applications and curricula vitae:

The legal grounds are pre-contractual procedures requested by the data subjects, and SCA's legitimate interest is to analyse applications and submit them to an internal selection procedure.

d) Compliance with legal obligations to which SCA is subject:

SCA is subject to various legal and regulatory obligations, compliance with which may entail the need to process personal data, such as:

Compliance with withholding, payment or declaration obligations for tax purposes;
Compliance with legal or regulatory obligations relating to SCA's activities;
Compliance with legal obligations relating to reporting or responses to public authorities;
Compliance with procedures to prevent and combat financial crime, fraud and money laundering; and
Information security and protection of personal data.

The legal basis is contract performance, a legitimate interest and the fulfilment of a legal obligation.

e) Pursuit of SCA's legitimate interests

Personal data is also used to defend SCA's legal rights and interests, which includes:

Management of the processes entrusted to it within the scope of the legal services provided and collection proceedings and judicial and extrajudicial claims for the recovery of amounts owed by clients.

The legal basis is the legitimate interest of SCA to defend its rights and to satisfy its claims.

6. Transmission and recipients of personal data

In order to comply with its legal obligations and to provide the contracted legal services, SCA may have to communicate personal data to other persons or entities, including the following categories of recipients:

Relevant parties for legal advice provided, namely counterparties, courts, regulatory authorities, governmental institutions or other lawyers;
Public bodies and public authorities, such as the Bar Association, Public Institutes, Social Security Institutions, Tax Authorities, Insurance and Pension Funds Supervisory Authority, Securities Market Commission, Judicial Entities and Judiciary Bodies, Judicial or Administrative Courts;
Other entities based or not based in the European Area, such as companies, banks, insurers;
Suppliers and services providers providing services to SCA for the purposes described above, namely suppliers of Information Technology, communications services, translation services and digital and physical archiving services.

The transmission of data to third parties is carried out in accordance with applicable legislation on data protection and within the limits of the purposes and legal grounds defined in this Policy.

7. Personal data retention periods

The processing of data by SCA will continue as long as is necessary or obligatory for the fulfilment of the above purposes. Once the contractual relationship has ended, personal data, the processing of personal data and the retention thereof will be maintained for the statutory periods required or until the rights arising therefrom are prescribed by law.

8. Rights of data subjects

Under applicable law, as Clients you have the following rights as data subjects:

right of access: on request, you can access your personal data, obtain information related to the processing of your data and also obtain a copy of your personal data processed.
right of rectification: whenever you consider your personal data to be incomplete or incorrect, you may request that it be rectified or completed.
right to erasure: without prejudice to legal and regulatory obligations which may limit the exercise of this right, you may request the erasure of your personal data where one of the following situations occurs: (i) personal data are no longer needed for the purpose for which they were collected or processed; (ii) you withdraw the consent on which data processing is based and there is no other legal basis for it; (iii) you object to the processing of the data and there are no prevailing legitimate interests, to be assessed on a case-by-case basis, which would justify the processing; (iv) personal data must be erased under a legal obligation to which SCA is subject; or (v) personal data have been collected in the context of the provision of information society services.
The right to erasure does not apply when processing is required (i) for the exercise of freedom of expression and information; (ii) to fulfil a legal obligation requiring processing; (iii) for reasons of public interest in the sphere of public health; (iv) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, insofar as the exercise of the right to erasure would seriously jeopardise the achievement of the purposes of such processing; or (v) for purposes of establishing, exercising or defending legal claims.
right to limitation of processing: you may request limitation of the processing of your personal data in the following cases: (i) if you dispute the accuracy of your personal data for a period of time to verify their accuracy; (ii) if the processing is unlawful and you object to the erasure of the data but request the limitation of their use; (iii) if SCA no longer needs personal data for processing purposes, but if such data are necessary to establish, exercise or defend a right in legal proceedings; or (iv) if you have objected to processing, until it is established that SCA's legitimate interests prevail over yours.
right to portability: when processing is based on the express consent or performance of a contract and when the processing in question is carried out by automated means, you may request delivery of the personal data you have provided in a structured, commonly used and machine-readable format. You also have the right to request that SCA transmit this data to another controller, provided that it is technically possible.
right to object: you have the right to object to the processing of your personal data in the following situations: (i) where processing is based on SCA's legitimate interest; or (ii) where the processing is carried out for purposes other than those for which the data were collected but which are compatible with the data. If you object to the processing, SCA will no longer process your personal data unless it has legitimate reasons to do so and they take precedence over your interests. You may also object to the processing of your data for direct marketing purposes, including profiling that is related to such marketing.
right not to be subject to a decision based solely on automated means: in data processing based on automated processes, you have the right to (i) human intervention and analysis; (ii) express your point of view; and (iii) dispute the decision made.
right to withdraw your consent: in cases where data processing is based on your consent, you can withdraw such consent at any time. In this case, your personal data will no longer be processed unless there is another reason for such processing by SCA.
right to lodge complaints with CNPD: you have the right to lodge complaints regarding matters related to the processing of your personal data with the Portuguese Data Protection Authority (CNPD).

Taking into account the existence of rights and freedoms of third parties, legal or confidentiality and the overlapping legitimate interests of SCA or third parties, the exercise of the aforementioned rights may be subject to limitations.

To exercise any of your rights:

Send a letter to: Rua Rodrigo da Fonseca, 178, 1º Dt.º, 1070-243 Lisbon;
Send an email to: geral@simoescorreiaassociados.pt

9. Contact

If you have any questions about the processing of your data or the information provided to you, please contact SCA:

Rua Rodrigo da Fonseca, 178, 1º Dt.º, 1070-243 Lisbon;
Email: to exercise your rights, send an email to:
geral@simoescorreiaassociados.pt
Phone: +351 21 3713220