III - SERASA INFORMATION SERVICES
10 - What is SERASA? What laws govern its activity?
SERASA is a private company established according to the Law of Business
Corporations, dedicated to the rendering of services of general interest from
its credit information data bank, and recognized by the Consumer Protection and
Defense Code as an entity of public nature (Law 8.078, Article 43, Paragraph
4).
Its computers store economical-financial, registration, and commercial
information from citizens and companies, with the purpose of facilitating and
expediting business transactions. It acts in all the States of Brazil,
collecting data on companies and people that were obtained directly from the
interested parties, extrajudicial notaries, and other public offices, Financial
Institutions, official publications and newsletters, and other proper and
relevant sources, with its activity supported by the Federal Constitution -
Article 5, XXXII and Article 170, Single Paragraph.
With that responsibility in mind, SERASA updates the information stored in
its computers on a daily basis. Always acting with seriousness and
impartiality, it receives and processes data provided by the aforementioned
proper sources.
It is important to highlight that its processes for maintaining the Data
Bank are regulated by the international quality system ISSO 9000, and certified
by Fundação Vanzolini, which is a company recognized worldwide and which
performs periodic auditing processes on SERASA's processes.
The information stored in SERASA's Data Banks is accessed by banks, markets,
stores, and companies at large, to give support to business decisions, as well
as by individuals who wish to know what entries have been made under their
CPF.
Thus, SERASA maintains in all its Agencies a Free Citizen Guidance Service,
to receive documents and guide people on how to settle their debts, thus
ensuring the fulfillment of the Consumer Defense Code, Law 8.078, Article 43,
Paragraph 4 and 7,III, which regulate the right to access to information and
habeas data.
SERASA maintains a confidentiality that is compatible with its activity,
keeping secret and safe the information stored in its Data Banks.
SERASA follows a strict code of conduct of respect for the citizen, the
consumer, and the law. There is no fact or act practiced by the company that is
not within the boundaries of the Law. That which the law forbids, SERASA does
not do. That which the law demands, SERADA does. And that which the law allows,
SERASA performs with seriousness and keeping in mind all its
responsibilities.
First and foremost, SERASA is a company with a social objective of
protecting the institution of credit, which is one the main tools for
development and sustaining the economy of a country.
11 - How SERASA collaborates with the practice of
credit?
By offering good, reliable information quickly to help companies take their
decision regarding credit and business in general, allowing for the access to
credit to a larger number of people and companies, and thus allows for the
expansion of credit in Brazil.
12 - Why SERASA is considered an entity of public
nature?
Because the Consumer Defense Code, Law 8.078, in its Article 43, Paragraph 4,
establishes the following:
"The data Banks and registries regarding consumers, services of credit
protection and similar are considered to be entities of public
nature."
Therefore, SERASA is included in the provision of this Law, since it is a data
bank for credit and business information.
13 -What is SERASA's procedure to communicate with
people?
Communication is done by communication letter sent by mail, in which the data
from the unpaid overdue debts are informed.
After that, the entry is kept in the data bank for a ten days waiting
period, allowing for the registered person to settle the debt directly with the
creditor.
The debt is only included in SERASA's data bank as accessible for
consultation after ten days from the mailing date of the communication letter,
if there is no contestation from the debtor or exclusion of the entry by the
company (the debt creditor).
14 - What one should do after receiving a communication
letter?
The person must seek the creditor (Financial Institution, supermarket, store,
etc.) to settle the debt (by paying or renegotiating it) or present a document
that proves there is not such debt to the data bank that communicated it. After
that, all the measures the case requires will be taken, including contacting
the credit.
15 - Who can have access to SERASA's credit
information?
Only Financial Institutions and companies who make hire-purchase sales or sales
in installments and with commitment of use for support in credit decision
making can access credit information from SERASA. The agreement is ruled by a
specific contract, which establishes exclusive identification and password for
access to SERASA's information data bank, in order to ensure the privacy of
access to information.
16 - Why "Identification and Password" provide security to
consultations to SERASA?
Because SERASA maintains a strict control of access to its computers, using the
RACF (Resource Access Control) security software. That system controls
identification and password for access, which are encrypted and known only by
their owners and contracted companies.
17 - What are the conditions demanded from the Financial
Institutions and companies to make a negative entry ("negativação")
before SERASA?
The general condition are established by a specific contract, in the clause of
which rules that Financial Institutions and companies are responsible for
keeping the documentation of the unpaid overdue debt, for the veracity of
information, and for removal/updating of the entry, according to the law.
18 - How are the consultations to SERASA's Data Bank
made?
They are made exclusively by specific consultation about a CPF (National
Taxpayer Roll) or CNPJ (National Roll of Legal Entities) number, by automated
means (online, by computer, video terminal, and fax), with no human
participation.
19 - How does SERASA validate CPF and CNPJ numbers?
The validation is made by consultation to the public archives of the Federal
Revenue Office, which is not covered by fiscal confidentiality laws and is
available online, thus identifying the carrier of the CPF or CNPJ numbers and
their status before the Revenue Office (active, canceled, suspended, or
inapt).
20 - For how long a "negative" entry may stay in SERASA's
Data Bank?
After the settlement of the entry is informed, its removal may be requested at
any moment. If not, the entry is automatically removed after a five years
period, in accordance with the Consumer Defense Code, Article 43, Paragraph 1.
"The data and consumer registries must be objective, clear, truthful, and
in language of easy understanding, and they may not keep negative entries
regarding a period longer than five year."
It is important to note that in SERASA the information becomes NO ENTRIES
REGISTERED.
21 - Can a debt that's being contested in a court of Law be entered
in SERASA's Data Bank?
If the debt is sub judice (i.e., being contested in the courts by the debtor),
and such fact is informed to SERASA, the entry is automatically removed from
the data bank.
22 - What is SERASA's Free Citizen Guidance Service?
It is a FREE service that SERASA offers to Citizens in all its Offices to
receive documents, clarify questions on entries in the data bank, as well as to
guide the person as to how proceed to regulate their status. The places in
which the costumers are served were specially projected to best serve the
interested person with total privacy, and with no charges.
23 - How can I regularize the information registered before
SERASA?
It is not necessary to contract third parties to perform such actions, for the
process is quite simple. You only need to go to SERASA's Free Citizen Guidance
Service, present in every SERASA office, to receive guidance as to how to
settle the debt. If the debt has already been settled, it is necessary only to
present the document to SERASA. The entire operation is free.
We should highlight that the vast majority of regularizations come from the
source which originated the entries (protest notaries, companies with contract
with us, etc.).