Privacy Policy

a.General part

1. Collection and processing of customer data

As part of its commercial activity, Casa Afonso – Passadiços do Paço (hereinafter referred to as “BRAND”), headquartered in 17 Rua Direita da Escola, 3800-555 Aveiro, Portugal, NIF xxxxxx, asks the customer to provide a set of personal data, that is, information provided by the customer that allows Casa Afonso to identify and/or contact him (personal data).

Personal data is requested, namely, when the customer intends to subscribe to a newsletter, when he registers on this website, requests a contact, subscribes to a certain service, purchases a product or establishes a contractual relationship with the BRAND.

The personal data collected and processed consist of information regarding name, gender, date of birth, telephone, mobile phone, email, address, tax identification number, although other personal data may be collected that may be necessary or convenient within the scope of the sending campaigns or promotions or the services provided by BRAND.

Through this Privacy Policy, BRAND provides the customer and Data Holder (hereinafter referred to briefly as the holder) detailed information about the nature of the data collected, the purpose and treatment that will be carried out in relation to personal data, as well as the information mentioned in clause 7 below.

MARCA also collects on this website and processes information about its hardware and software, as well as information about the pages visited by the Owner within the website. This information may include: your browser type, domain name, access times and links through which the Owner accessed the website (“Usability Information”). We only use this information to improve the quality of your visit to our website.

Usability Information and personal data are referred to in this Privacy Policy as “Holder Data”.

2. Data collection channels

BRAND may collect data directly (i.e., directly from the Holder). Collection can be done through the following channels:

  • Direct collection: in person, by telephone, by email and through this website;

3. General principles applicable to the processing of user data

In terms of general principles relating to the processing of personal data, MARCA undertakes to ensure that the Holder Data processed by it are:

  • Object of lawful, fair and transparent treatment in relation to the Holder;
  • Collected for specific, explicit and legitimate purposes, not being further processed in a manner incompatible with those purposes;
  • Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
  • Accurate and updated whenever necessary, adopting all appropriate measures so that inaccurate data, taking into account the purposes for which they are processed, are erased or rectified without delay;
  • Stored in a way that allows the Holder to be identified only for the period necessary for the purposes for which the data are processed;
  • Processed in a way that guarantees their security, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, with appropriate technical or organizational measures being adopted.

The Data Holder is collected and processed by BRAND in the following main situations:

  • For the performance of a contract to which the Holder is a party, or for pre-contractual steps at the Holder's request;
  • For the purposes of the legitimate interests pursued by the BRAND, without prejudice to the Owner's fundamental rights and freedoms and the right of opposition provided for in clause 13.

Os Dados do Titular podem ainda ser recolhidos e tratados pela MARCA se:

  • The treatment is necessary for the fulfillment of a legal obligation to which the BRAND is subject;
  • The processing is necessary for the defense of vital interests of the Holder or another natural person.
  • If none of the situations indicated above is verified, the Holder's Data can only be collected and processed if the Holder has given his/her explicit consent for the processing of the Holder's Data for one or more specific purposes.

BRAND undertakes to ensure that the Data Holder is only processed under the conditions listed above and with respect for the principles mentioned above.

When the processing of the Holder's Data is carried out by MARCA based on the Holder's consent, the Holder has the right to withdraw his consent at any time. The withdrawal of consent, however, does not compromise the lawfulness of the treatment carried out by the BRAND based on the consent previously given by the Holder.

Within the scope of processing the Holder's Data, BRAND resorts or may resort to third parties, subcontracted by itself, to, on behalf of BRAND, and in accordance with the instructions given by it, proceed with the processing of the Holder's Data, strictly compliance with the provisions of the law and this Privacy Policy. These subcontracted entities may not transmit the Holder's Data to other entities. BRAND assumes the commitment to only subcontract entities that provide sufficient guarantees for the execution of appropriate technical and organizational measures, in order to ensure the defense of the Holder's rights. All entities subcontracted by MARCA are bound to the latter through a written contract which regulates, namely, the object and duration of the treatment, the nature and purpose of the treatment, the type of personal data, the categories of data subjects and the rights and obligations of the parties.

The Holder's Data collected by MARCA are not shared with third parties without the Holder's consent, with the exception of the situations referred to in the following paragraph. However, in the event that the Holder hires services from BRAND that are provided by other entities responsible for the processing of personal data, the Holder's Data may be consulted or accessed by those entities, insofar as this is necessary for the provision of said data. services.

Under the applicable legal terms, the BRAND may transmit or communicate the Owner's Data to other entities in the event that such transmission or communication is necessary for the performance of the contract established between the Owner and the BRAND, or for pre-contractual measures at the Owner's request. , if it is necessary to comply with a legal obligation to which the BRAND is subject or if it is necessary to pursue the legitimate interests of the BRAND or a third party. In the event of a transfer of Owner's Data to third parties, we will make reasonable efforts to ensure that the transmitter uses the Owner's Data transmitted in accordance with our Privacy Policy.

The period of time during which the data is stored and maintained varies according to the purpose for which the information is processed.

Indeed, there are legal requirements that oblige to keep data for a minimum period of time. Thus, and whenever there is no specific legal requirement, the data will be stored and kept only for the minimum period necessary for the purposes that motivated its collection or subsequent processing, with the maximum limit being the ordinary period of limitation provided for in civil law. , after which they will be deleted.

4. Use and purposes of processing user data

In general terms, BRAND uses the Holder's Data for the following purposes:

  1. a) General
  • Management of contacts with the Holder;
  • Invoicing and collection of the Holder;
  • Compliance with the BRAND's exchange and return policy;
  • Compliance with legal obligations, namely tax;
  1. b) For marketing purposes:
  • Information to the Holder about the exclusive campaigns of the BRAND initiative;
  • Sending newsletters, opinion surveys, or other information about products requested or purchased by the Holder.

5. Technical, organizational and security measures implemented

To guarantee the security of the Holder's Data and maximum confidentiality, we treat the information you provide us with absolutely confidential, in accordance with our internal security and confidentiality policies and procedures, which are updated periodically according to the needs, as well as in accordance with the legally established terms and conditions.

Depending on the nature, scope, context and purposes of data processing, as well as the risks arising from the processing for the Holder's rights and freedoms, BRAND undertakes to apply, both when defining the means of processing as at the time of the treatment itself, the technical and organizational measures necessary and appropriate for the protection of the Holder's Data and compliance with legal requirements.

It also undertakes to ensure that, by default, only the data that are necessary for each specific purpose of the treatment are processed and that these data are not made available without human intervention to an indeterminate number of people.

In terms of general measures, BRAND adopts the following:

  • Awareness and training of personnel involved in data processing operations;
  • Mechanisms capable of ensuring the permanent confidentiality, availability and resilience of information systems;
  • Mechanisms that ensure the restoration of information systems and access to personal data in a timely manner in the event of a physical or technical incident.

6. Data transfer outside the European Union

The personal data collected and used by MARCA are not made available to third parties established outside the European Union. If, in the future, this transfer takes place for the reasons mentioned above, BRAND undertakes to ensure that the transfer complies with the applicable legal provisions, namely regarding the determination of the suitability of such country with regard to data protection and the requirements applicable to such transfers.

7. Use of cookies

Cookies are small information files that are sent to your computer or mobile phone when you visit a website. Cookies are sent back to the originating website on each subsequent visit or to another website that recognizes that cookie. Cookies are useful because they allow a website to recognize the user's device, allowing him to navigate efficiently through the pages, also remembering his preferences and generally improving the user experience.

Some of the cookies issued by the server will only last for the duration of the session and will expire when you close your browser.

Other cookies are used to remember when a user returns to a website and last longer.

Most browsers automatically accept cookies. You can modify your browser's configuration to not accept it or to be notified each time a cookie is created.

You can find more information about cookies, including how to see which cookies have been set on your device and how to manage or delete them using different types of browsers, at www.allaboutcookies.org.

The ability to enable, disable or delete cookies can also be done in your browser. To do so, follow the instructions in your browser (usually located in the “Help”, “Tools” or “Edit” options). Disabling a cookie or a category of cookies does not delete the cookie from your browser, for that you need to delete it manually.

By blocking or deleting cookies used by BRAND, it is possible that you will not be able to enjoy the full functionality of the website.

We use the following cookies:

  • Google Analytics;
  • Facebook pixel.

B. User rights - data subjects

8. Right to information

Através da presente Política de Privacidade a MARCA presta ao Titular as seguintes informações acerca da finalidade e do tratamento que será realizado relativamente aos dados pessoais:

  • MARCA's contacts are those indicated on this website;
  • The legal basis and purposes of the processing for which the personal data are intended are those mentioned in clauses 2 and 3 above;
  • The recipients of the Personal Data are those mentioned in clause 2;
  • Personal Data will be stored and maintained only for the minimum period necessary for the purposes that led to their collection or further processing, with the maximum limit being the ordinary period of ordinary limitation provided for in civil law, after which they will be deleted;
  • The Holder has the right to request BRAND access to Personal Data and the respective rectification, as well as the right to object to their treatment or to request their portability, erasure or limitation, in the cases and terms provided for in clauses 8 et seq. of this Privacy Policy;
  • In cases where the processing of the data collected is based on the consent of the Holder, he has the right to withdraw consent at any time, without compromising the lawfulness of the treatment carried out based on the previously given consent;
  • The Holder has the right to file a complaint with the National Data Protection Commission (CNPD);
  • If the Holder's Data is not collected directly by BRAND from the Holder, in addition to the information referred to above, the Holder will be informed about the categories of personal data being processed and, as well as about the origin of the data and, eventually, if come from publicly accessible sources;
  • If BRAND intends to further process the Holder's Data for a purpose other than that for which the data was collected, before such treatment BRAND will provide the Holder with information on that purpose and any other relevant information, under the terms referred to above.

9. Right of access to personal data

BRAND guarantees the means that allow access, by the Holder, to their personal data.

The Holder has the right to obtain from BRAND confirmation that the personal data concerning him are or are not being processed and, if applicable, the right to access his personal data and the information provided for in clause 7 above.

Upon request, MARCA will provide the Holder, free of charge, with a copy of the Holder's Data that is being processed. The provision of other copies requested by the Holder may incur administrative costs.

10. Right to rectify personal data

The Holder has the right to request, at any time, the rectification of their personal data and, as well as the right to have their incomplete personal data completed, including by means of an additional statement.

In the event of rectification of data, BRAND informs each recipient to whom the data has been transmitted of the respective rectification, unless such communication proves impossible or implies a disproportionate effort for BRAND.

11. Right to erase personal data (“right to be forgotten”)

The Holder has the right to obtain, from the BRAND, the erasure of his data when one of the following reasons applies:

  • The Holder's Data is no longer necessary for the purpose that motivated its collection or processing;
  • The Holder withdraws the consent on which the processing of the data is based and there is no other legal basis for said processing;
  • The Holder has exercised the right of opposition provided for in clause 13 and there are no prevailing legitimate interests that justify the treatment;
  • If the Holder's Data is processed unlawfully;
  • If the Holder's Data has to be erased to comply with a legal obligation to which the BRAND is subject.
  • Under the applicable legal terms, BRAND is under no obligation to erase the Holder's Data to the extent that the processing proves to be necessary for the performance of a contract to which the data subject is a party or to comply with a legal obligation to which BRAND is subject to or for the purposes of declaration, exercise or defense of a BRAND right in a legal proceeding.

In case of deletion of data, BRAND informs each recipient/entity to whom the data has been transmitted of the respective deletion, unless such communication proves impossible or implies a disproportionate effort for BRAND.

When BRAND has made the Holder's Data public and is obliged to erase them under the right to erasure, BRAND undertakes to take reasonable measures, including those of a technical nature, taking into account the technology available and the costs of its application, to inform those responsible for the effective processing of personal data that the Holder has asked them to delete the links to that personal data, as well as their copies or reproductions.

12. Right to limit the processing of personal data

The Holder has the right to obtain, on the part of MARCA, a limitation of the processing of the Holder's Data, if one of the following situations applies (the limitation consists of inserting a mark in the personal data kept with the aim of limiting its treatment in the future) :

  • If you dispute the accuracy of the personal data, during a period that allows BRAND to verify its accuracy;
  • If the treatment is unlawful and the Holder opposes the deletion of the data, requesting, in return, the limitation of its use;
  • If the BRAND no longer needs the Holder's Data for processing purposes, but such data is required by the Holder for the purposes of declaring, exercising or defending a right in a legal proceeding;
  • If the Holder has objected to the treatment, until it is verified that the TRADEMARK's legitimate reasons prevail over those of the Holder.

When the Holder's Data are subject to limitation, they may only, with the exception of conservation, be processed with the Holder's consent or for the purposes of declaring, exercising or defending a right in a judicial proceeding, defending the rights of another natural person or collective, or for legally foreseen public interest reasons.

The Holder who has obtained the limitation of the processing of his data in the cases referred to above will be informed by BRAND before the limitation to the treatment is annulled.

In the event of limitation of data processing, BRAND will notify each recipient to whom the data has been transmitted of the respective limitation, unless such communication proves impossible or implies a disproportionate effort for BRAND.

13. Right to portability of personal data

The Holder has the right to receive the Personal Data concerning him and that he has provided to BRAND, specifically those identified in clause 1.1, in a structured, commonly used and machine-readable format, and the right to transmit this data to another person in charge for the treatment, if:

  • The treatment is based on consent or on a contract to which the Holder is a party; It is
  • Processing is carried out by automated means.

The portability right does not include inferred data or derived data, i.e., personal data that is generated by BRAND as a consequence or result of the analysis of the data subject to treatment, but only the personal data that the Holder has legally assigned.

The Holder has the right for personal data to be transmitted directly between those responsible for the treatment, whenever this is technically possible.

14. Right to object to treatment

The Holder has the right to object to the processing of personal data at any time, for reasons related to their particular situation, in the following cases:

  • When the collection and processing of personal data is based on the pursuit of legitimate interests by the BRAND or by third parties within the scope of the relevant relationship established with the Holder, namely for the purposes of direct marketing, which includes the definition of profiles insofar as it is related with this direct marketing;
  • When processing is carried out for purposes other than those for which personal data were collected, including profiling;
  • When personal data are processed for statistical purposes.

BRAND will cease processing the Holder's Data, unless it presents compelling and legitimate reasons for such treatment that prevail over the Holder's interests, rights and freedoms, or for the purposes of declaring, exercising or defending a right of the BRAND in a legal proceeding.

If the Holder opposes the processing of his data for the purposes of direct marketing, BRAND ceases processing the data for that purpose.

The Holder also has the right not to be subject to any decision taken exclusively based on automated processing, including the definition of profiles, which produces effects in its legal sphere or which significantly affects it in a similar way, unless the decision:

  • The Holder also has the right not to be subject to any decision taken exclusively based on automated processing, including the definition of profiles, which produces effects in its legal sphere or which significantly affects it in a similar way, unless the decision:
  • Is authorized by legislation to which the BRAND is subject; or
  • It is based on the Owner's explicit consent.

15.  Procedures for the exercise of rights by the user

The right of access, the right of rectification, the right of erasure, the right of limitation, the right of portability and the right of opposition can be exercised by the Holder by contacting MARCA, through the email MARCA.

MARCA will respond in writing (including by electronic means) to the Holder's request within a maximum period of one month from receipt of the request, except in cases of special complexity, in which this period may be extended to two months.

If the requests submitted by the Holder are manifestly unfounded or excessive, namely due to their repetitive nature, BRAND reserves the right to charge administrative costs or refuse to comply with the request.

16. Personal data breaches

In the event of a data breach and to the extent that such breach is likely to imply a high risk for the Holder's rights and freedoms, MARCA undertakes to communicate the breach of personal data to the Holder in question within a period of 72 hours from become aware of the incident.

Under legal terms, communication to the Holder is not required in the following cases:

  • If the BRAND has applied adequate protection measures, both technical and organizational, and these measures have been applied to the personal data affected by the breach, especially measures that make the personal data incomprehensible to any person not authorized to access such data, such as encryption;
  • If the TRADEMARK has taken subsequent measures to ensure that the high risk to the Owner's rights and freedoms is no longer likely to materialize; or
  • In the event that communication to the Owner implies a disproportionate effort for the BRAND. In this case, BRAND will make a public communication or take a similar measure through which the Holder will be informed.

C. final part

17. Changes to the privacy policy

BRAND reserves the right to change this Privacy Policy at any time. In case of modification of the Privacy Policy, the date of the last modification, available at the top of this page, is also updated. If the change is substantial, a notice will be placed on this website.

18. Applicable law and jurisdiction

The Privacy Policy, as well as the collection, processing or transmission of the Holder's Data, are governed by the provisions of Regulation (EU) 2016/679, of the European Parliament and of the Council, of April 27, 2016 and by the applicable legislation and regulations in Portugal.

Any disputes arising from the validity, interpretation or execution of the Privacy Policy, or that are related to the collection, processing or transmission of the Holder's Data, must be submitted exclusively to the jurisdiction of the Judicial Court of XXXXX, without prejudice to the applicable mandatory legal rules .