This “São Paulo Pilotage Site Privacy Policy” is a legal agreement between you, an individual, hereinafter referred to as “USER", and thePILOTAGE SERVICES - PILOTAGE SERVICES IN THE PORT OF SANTOS AND BAIXADA SANTISTA SOCIEDADE SIMPLES LTDA, legal entity governed by private law, limited liability company, registered with CNPJ/MF nº 01.331.652/0001-71, headquartered at Avenida Almirante Saldanha da Gama, nº 64, Ponta da Praia district, Santos/SP, CEP 11.030-400 , e-mailombudsman@santospilots.com.br, hereinafter referred to simply as “PILOTAGE”, responsible for the content displayed and collected on this website (http://www.sppilots.com.br).

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1. INTRODUCTION

 

We givePILOTAGE, we respect your privacy regarding any of your information. We only ask for personal information when we really need it to provide you with a service, collecting it by fair and lawful means and with your knowledge.

 

This Policy aims to make you aware of how your PERSONAL DATA is used byPILOTAGEdue to the use of the website.

 

You will see that we collect and store PERSONAL DATA to allow the operation of the website and guarantee the continuity of our services – which is done using technical security and privacy measures in commercially acceptable means and levels to avoid and/or reduce risks. loss and theft, as well as unauthorized access, disclosure, copying, use or modification.

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2. WHAT EXPRESSIONS DO I NEED TO KNOW TO UNDERSTAND THIS DOCUMENT?

 

1. For the purposes of this document and in accordance with the General Law for the Protection of PERSONAL DATA ("LGPD" - Law No. 13,709, of August 14, 2018) and related legislation, you,USER, shall interpret the following terms as follows:

 

1. ANONYMIZATION: use of reasonable technical means available at the time of TREATMENT, through which data loses the possibility of direct or indirect association with an individual;

2. NATIONAL AUTHORITY: ANPD (National Data Protection Authority), public administration body responsible for ensuring, implementing and supervising compliance with the General Personal Data Protection Law throughout the national territory;

3. DATABASE: structured set of PERSONAL DATA, established in one or several places, in electronic or physical support;

4. BLOCKING: temporary suspension of any TREATMENT operation, through custody of PERSONAL DATA or DATABASE;

5. CONTROLLER: natural or legal person, public or private, who is responsible for decisions regarding the PROCESSING of PERSONAL DATA;

6. ANONYMOUS DATA: data relating to the HOLDER who cannot be identified, considering the use of reasonable technical means available at the time of TREATMENT;

7. PERSONAL DATA(S): information(s) relating to an identified or identifiable natural person;

8. ELIMINATION: deletion of data or set of data stored in a DATABASE, regardless of the procedure used;

9. PERSON IN CHARGE: person appointed by the CONTROLLER and OPERATOR to act as a communication channel between the CONTROLLER, the HOLDERS and the NATIONAL AUTHORITY;

10. IP: abbreviation ofinternet protocol. It is an alphanumeric set that identifies the device on the World Wide Web (Internet).

11. OPERATOR: natural or legal person, public or private, who processes PERSONAL DATA on behalf of the CONTROLLER;

12. HOLDER(S): natural person(s) to whom the PERSONAL DATA that are the object of PROCESSING refer;

13. TREATMENT: any operation carried out with PERSONAL DATA, such as those referring to the collection, production, reception, classification, use, access, reproduction, transmission, distribution, processing, archiving, storage, ELIMINATION, evaluation or control of information, modification, communication , transfer, diffusion or extraction;

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3. WHEN DOES THIS POLICY APPLY?

 

3.1. This policy regulates the TREATMENT of data provided by you,USER, due to the use of the website of thePILOTAGEand fully complies with the provisions of the 1988 Federal Constitution, the LGPD and related legislation.

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3.1.1. For the purposes of this policy, it is consideredUSERthe website visitor who, in any way, inserts or shares PERSONAL DATA from the use of the website.

 

3.2.By providing PERSONAL DATA from the electronic site, the USER fully adheres to this instrument (“São Paulo Pilotage Site Privacy Policy”), understanding and accepting all the conditions set forth below.

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3.2.1. The use of the functionalities of the website is also conditioned to full adherence to the “Terms and Conditions” and, when applicable, to the “Cookies Policy”.

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3.2.3. OUSERDECLARES THAT IT IS AWARE OF THE RIGHTS AND OBLIGATIONS ARISING OUT OF THIS INSTRUMENT, WHICH CONSTITUTES THE COMPLETE AGREEMENT BETWEEN THE PARTIES, FURTHER DECLARING THAT IT HAS READ, UNDERSTOOD AND ACCEPT ALL THE TERMS AND CONDITIONS OF THIS POLICY.

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3.2.4. Despite the automatic adherence to this policy, the PILOTAGE can also prove adherence to this instrument by confirming any registration made by theUSERon the website, including those intended to access exclusive content.

 

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4. WHAT PERSONAL DATA IS COLLECTED AND HOW IS IT USED?

 

4.1 The website from thePILOTAGEIts primary objective is to disseminate information regarding the services provided and updated information on the conditions for providing the pilotage service in its area of operation.

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4.2 In the previous form, thePILOTAGEmay process PERSONAL DATA from the use of the website mainly in the following situations:

 

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4.2.1 The USER is aware that failure to provide some PERSONAL DATA may prevent access to functionalities, contents or systems made available byPILOTAGE.

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4.2.2  The USER declares that he is aware that the access credentials to the computer systems made available byPILOTAGEare secret/confidential, for exclusive, personal and non-transferable use, and the USER must ensure the security of this information.

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4.2.3APILOTAGEmay include on its electronic site links that direct theUSERto third-party websites, at which time it suggests that theUSERpay attention to any terms and conditions of its own, including with regard to privacy and protection of personal data.

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4.2.4 TheUSERmay use registration information made available at other providers (such as Google Account and Facebook Account) to register on the website ofPILOTAGE. In this case, the data maintained by the providers may be received byPILOTAGEand theUSERis aware of its possibility of use, in the form of the table “Registration Form (Register)”.

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4.3 PERSONAL DATA collected on the basis of consent may be used byPILOTAGEfor sending communications, reports, news and promotional messages, as well as for advertising and statistical purposes.

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4.4 PILOTAGE may share the USER'S PERSONAL DATA with service providers, so that they can assist in the fulfillment of the purposes of PERSONAL DATA PROCESSING, as well as with business partners, who may use them for the same purposes.

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4.5 The PERSONAL DATA ofUSERthey will be treated for the period necessary for the purpose of the TREATMENT, with their subsequent elimination, being authorized their conservation in the hypotheses described in art. 16 of the GDPR.

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4.6 The PERSONAL DATA PROCESSING operations carried out byPILOTAGEdue to this Policy, they are based on the legal bases indicated by the LGPD, defined in an appropriate and compatible way with the purpose of the TREATMENT.​

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4.7 Despite the indication of the legal bases in item 4.2, theUSERdeclares to be aware that, depending on the context, the PROCESSING of PERSONAL DATA carried out byPILOTAGEmay be based on other legal bases, more appropriate according to the specific case.

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5. WHO ARE RESPONSIBLE FOR PROTECTING MY DATA?

 

5.1 As a rule, thePILOTAGEwill be considered as CONTROLLER, for the purposes of the provisions of the LGPD, and its partners, if any and depending on the relationship maintained, may be considered as co-controllers.

 

5.2 When data is shared, so that the TREATMENT is carried out by a third party indicated by the PILOTAGE and in accordance with its orders, this will be considered as OPERATOR, for the purposes of the provisions of the LGPD.

 

5.3APILOTAGEindicates Moreno Moro Advogados as PERSONAL DATA PROCESSING PERSONNEL, which will be responsible for acting as a communication channel betweenPILOTAGE(in the capacity of CONTROLLER) and theUSERand between thePILOTAGE(as CONTROLLER) and the NATIONAL AUTHORITY.

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5.3.1 The PERSONAL DATA PROCESSING PERSON can be contacted via electronic mail (e-mail)protecaodedados@santospilots.com.bror, by mail, at Rua Padre Anchieta, nº 2.050, room 2.306, Bairro Bigorrilho, Curitiba/PR, CEP 80.730-001.

 

5.4 The liability ofPILOTAGE, as the CONTROLLING COMPANY; of partners, acting as co-controllers; and third parties authorized byPILOTAGEacting as an OPERATOR shall follow the provisions of the LGPD.

 

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6.WHAT ARE THE OBLIGATIONS OF PILOTAGE AND OPERATORS?

 

6.1APILOTAGEwill provide its service within the quality and safety standards applicable to work of this nature, using duly qualified personnel, being responsible for the faithful and exact fulfillment of the obligations established in this policy, in the “Terms and Conditions” and in the governing legislation.

 

6.2. APILOTAGEwill keep a record of the PERSONAL DATA PROCESSING operations carried out.

 

6.3. The third party, in the capacity of OPERATOR, must carry out the TREATMENT according to the instructions provided byPILOTAGE, within the limits permitted by law and in full compliance with this policy and the governing legislation, in particular the LGPD.

 

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7.WHAT ARE MY RIGHTS?

 

7.1. Every natural person is assured the ownership of their PERSONAL DATA and guaranteed the fundamental rights of freedom, intimacy and privacy, under the terms of the Federal Constitution of 1988 and the LGPD.

 

7.2. Pursuant to article 18 of the LGPD, theUSER, as PERSONAL DATA HOLDER, is entitled to obtain fromPILOTAGE, in relation to the data processed, at any time and upon request, to: 

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• confirmation of the existence of TREATMENT;

• data access;

• correction of incomplete, inaccurate or outdated data;

• ANONYMIZATION, BLOCKING or ELIMINATION of data that is unnecessary, excessive or treated in violation of the provisions of the LGPD or this policy;

• portability of data to another service or product provider, upon express request and observing commercial and industrial secrets, in accordance with legal regulations and with the exception of data that has already been anonymized byPILOTAGE;

• ELIMINATION of PERSONAL DATA processed with the consent of the HOLDER, except in the cases provided for in article 16 of the LGPD;

• information from public and private entities with which PILOTAGE shared data use;

• information on the possibility of not providing consent and on the consequences of the refusal, among which we highlight the impossibility of accessing some functionalities or contents of the website; It is,

• revocation of consent, pursuant to § 5 of art. 8 of the LGPD, if this is the legal basis used.

 

7.3.   has the right to petition in relation to their data against   before the NATIONAL AUTHORITY and use the legal means to enforce this instrument and the governing legislation.

 

7.4. OUSERYou can object to treatment carried out in violation of the LGPD or this policy.

 

7.5. The rights provided herein will be exercised upon express request of theUSER, or a legally constituted representative, to thePILOTAGE.

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7.5.1. The request will be answered free of charge byUSER, within 30 (thirty) days, except for another legal period, and under the terms established in this policy and in the legal rules.

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7.5.2. In the event that the application aims at the correction, ELIMINATION, ANONYMIZATION or BLOCKING of the data, if these have been shared with a third party, thePILOTAGEwill immediately inform the share beneficiary to similarly comply with the shareholder's request.USER.

 

7.6. Pursuant to § 4 of art. 18 of the LGPD, in case of impossibility of immediate adoption of the measures referred to in the previous item, thePILOTAGEwill send toUSERreply in which you can (i) communicate that you are not a data processing agent (CONTROLLER or OPERATOR) and indicate, whenever possible, who is really responsible; or, (ii) indicate the factual or legal reasons that prevent the immediate adoption of the measure.

 

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8.WHAT ARE THE SAFETY MEASURES ADOPTED BY THE PILOTAGE?

 

8.1. APILOTAGEwill adopt security, technical and administrative measures, able to protect PERSONAL DATA from unauthorized access and accidental or unlawful situations of destruction, loss, alteration, communication or any form of inappropriate or unlawful treatment.

 

8.2. APILOTAGEor any other person who intervenes in one of the stages of PROCESSING, undertakes to guarantee the security of PERSONAL DATA, under the terms protected by the LGPD.

 

8.3. APILOTAGEcommunicate to the NATIONAL AUTHORITY and theUSERthe occurrence of a security incident that may entail risk or relevant damage from the misuse of PERSONAL DATA, under the terms of the LGPD.

 

8.4. is reserved forPILOTAGEthe right to totally or partially block the access of theUSERto the website, regardless of prior notice, if any suspicious behavior is detected that could jeopardize the security and stability of the website.

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8.4.1. OUSERwill be responsible for any and all activities carried out from the use of their access credentials to the system made available by PILOTAGE.

 

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9. HOW LONG WILL MY DATA BE PROCESSED FOR?

 

9.1. APILOTAGEwill keep the PERSONAL DATA stored only for the time necessary to meet the purposes of the TREATMENT, respecting the legal storage deadlines for compliance with legal and contractual obligations and for the regular exercise of rights in judicial, arbitration or administrative proceedings.

 

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10. FINAL PROVISIONS

 

10.1. OUSERconfirms the veracity of the data informed at the time of registration, under penalty of civil and criminal liability.

 

10.2. APILOTAGEreserves the right to modify this instrument in any of its provisions, even without prior notification, except in cases required by law.

 

10.3. The information and rights arising from this instrument may be transferred to third parties as a result of the sale, acquisition, merger, corporate reorganization or any other change in control of thePILOTAGE.

 

10.4. Communications made by thePILOTAGEthrough the registration data informed by theUSER.

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10.4.1. It is up to theUSERproceed with any updates to your registration data.

 

10.5. If any provision of this instrument is considered illegal, null or unenforceable for any reason, the other provisions will not be affected and will remain valid and applicable.

 

10.6. Any failure ofPILOTAGEto enforce or exercise any provision of this instrument or related rights, does not constitute a waiver of such right or provision.

 

10.7. The tolerance of one party towards the other for non-compliance with any of the obligations assumed in this policy will not imply novation or waiver of rights. The tolerant party may, at any time, require the other party to faithfully and fully comply with this policy.

 

10.8. APILOTAGEmay include on its website or in communications sent contacts and websites of third parties, which have their own privacy policies.

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10.8.1. In the event of this item, thePILOTAGEis not responsible for the PROCESSING of PERSONAL DATA carried out by third parties, suggesting that theUSERpay attention to the policy of the website visited.

 

10.9. APILOTAGEwill make the entirety of this policy available for consultation on its website.

 

10.10. This policy will remain in force for as long as the effects resulting from its adherence last.

 

10.11. This instrument will be governed in accordance with Brazilian law.

 

10.12. The parties elect the jurisdiction of the District of Santos, state of São Paulo, to resolve any doubts arising from the application of this instrument, expressly waiving any other, however privileged it may be.

 

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11.DOUBTS? CONTACT US!

 

11.1. If you have any questions about this policy, please contact the PERSONAL DATA TREATMENT PERSONNEL at Pilotagem de São Paulo via electronic mail (e-mail) protecaodedados@santospilots.com.br or by correspondence addressed to Rua Padre Anchieta , nº 2.050, room 2.306, Bigorrilho neighborhood, Curitiba/PR, CEP 80.730-001.

 

 

Last updated: February 16, 2023.

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