DATA PROTECTION AND PRIVACY POLICY

 

Viveiros Monterosa, Lda (hereinafter “Viveiros Monterosa”), in the execution of its activities regarding access to and use of the website www.monterosa-oliveoil.com, processes personal data, meaning any information relating to an identified or identifiable natural person (henceforth “Data subject(s)”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

In the cases where Viveiros Monterosa determines the purposes and means of the processing of personal data within the performance of its activities it shall be considered as a controller, ensuring full compliance with Data Protection Legislation.

According with the aforementioned Legislation, Viveiros Monterosa stands for the processing of personal data pursuant to all applicable principles: (i) Principle of Lawfulness; (ii) Principle of Fairness and Transparency; (iii) Principle of Purpose Limitation; (iv) Principle of Data Minimisation; (v) Principle of Accuracy; (vi) Principle of Storage Limitation; Principle of Integrity and Confidentiality.

In full accordance with the principles outlined above, Viveiros Monterosa fully respects the data protection rights of Data Subjects. Hence, Data Subjects may contact Viveiros Monterosa to obtain any information related to the processing of personal data, using the contacts provided in Paragraph 8.

For the foregoing, this Data Protection and Privacy Policy is established in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 and other related legislation applicable (hereinafter “Data Protection Legislation”) VIVEIROS MONTEROSA undertakes any and all data processing operations in accordance with the following paragraphs:

 

1. Legal Basis and Purposes for the Processing of Personal Data

The personal data of Data Subjects will be processed by Viveiros Monterosa with the following legal basis:

Lawful Basis / What does it consist of?

Consent - Viveiros Monterosa will only process your Personal Data if you consent to its processing through a free, specific, informed and unambiguous act, by which you accept, by means of a statement (in writing or orally) or an unequivocal positive act (by completing an option), that your Personal Data is subject to processing.

Pre-contractual information’s or performance of a contract - Viveiros Monterosa may process your Personal Data if it is necessary, without limitation, for the execution of a service and / or product supply contract in which you are a part of the Company as a Collaborator, Customer and / or Supplier, or to perform pre-contractual agreements at your request.

Compliance with a legal obligation - Viveiros Monterosa may process your Personal Data to ensure and guarantee compliance with legal obligations to which you are subject under the legislation of a Member State and / or the European Union.

Defence of vital interests of the Data Owner - Viveiros Monterosa may process your Personal Data to ensure the defence of your vital interests, especially when the same processing is essential to your life.

Legitimate Interests - Viveiros Monterosa, other Controllers or Third Parties, may process your Personal Data provided that such processing legitimately prevails over your interests or fundamental rights and freedoms.

In light of the foregoing, the collection of personal data based on the legal grounds stated above will be essentially for purposes related to the development of Viveiros Monterosa's corporate object and, as well, for the performance of its contracts and legal obligations, wherefore the failure to collect personal data will mean that the purposes for which personal data are processed cannot be performed.

 

2. Processing of personal data on the Website

Within the scope of the website, Viveiros Monterosa processes the Data Subject's personal data as follows:

Personal Data / Purpose / Legal Basis / Retention Period

IP address / website management / Pre-contractual Due Diligences or Contract Performance, the terms of which are governed by the Terms and Conditions available on the Website / For the period of one (1) year

Name, E-mail / Account Creation and Authentication / Pre-contractual Due Diligences or Contract Performance, the terms of which are governed by the Terms and Conditions available on the Website / Registration period

Purchases made / Record of purchases made / Performance of a Contract, the terms of which are governed by the Terms and Conditions available on the Website / For the period of ten (10) years.

Payment Data / Provision of services / Performance of a Contract, the terms of which are governed by the Terms and Conditions available on the Website / For the period of ten (10) years.

Name and E-mail / Newsletter Subscription / Consent / For the period of one (1) year.

Personal data will also be used to identify potential consumer preferences, including non-intrusive profiling, based on the Viveiros Monterosa historical of purchases and consumption. The forecast of consumer preferences and profile identification aims at the elaboration of customized marketing actions, the optimization of the range of products made available online, as well as the advance communication of campaigns that are expected to be of interest to the Data Subject, which can be attributed and communicated automatically. Customer may opt-out to stop receiving their communications, through the contacts made available in Section 8.

 

3. Processing Methods

The processing of personal data will be executed automated and manually by computer tools, which are strictly related to the mentioned purposes and, in any case, guaranteeing the security and confidentiality of personal data.

 

4. Disclosure and Transmission of Personal Data

Regarding the disclosure and transmission of personal data, Viveiros Monterosa’s employees will process personal data and, as a result, they can access to the personal data of Data Subjects. The referred Viveiros Monterosa’s employees will solely process personal data of Data Subjects for the purposes specified in this Policy and in strict compliance with current or future Data Protection Legislation.

Third parties who may process personal data on behalf of Viveiros Monterosa may also access to personal data of Data Subjects as subcontractors, including without limitation the providers of IT services required for the operation of information systems, outsourcing service providers or cloud computing services, professionals and consultants.

Data Subjects have the right to obtain a complete and up-to-date list of the subcontractors (if any) elected by Viveiros Monterosa and for this purpose they shall submit a specific request to Viveiros Monterosa under the terms specified in Section 8 of this Policy.

 

5. International Transfers

Viveiros Monterosa may transfer Your Personal Data outside the European Economic Area ("EEA") to locations that may not guarantee the same level of protection.

However, Viveiros Monterosa only transfer Your Personal Data outside the EEA:

  • When the transfer is made to a location or by a method or in circumstances that the European Commission considers to ensure adequate protection of  Personal Data;
  • When standard data protection clauses approved by the European Commission or a competent data protection supervisory authority have been implemented; or,
  • When none of the above apply, but the law may still allow such transfer, for example, if it is necessary for the declaration, exercise or defence of a right in a judicial proceeding.

You may request detailed information on the security measures that Viveiros Monterosa has implemented regarding Personal Data transfers outside of the EEA and, where applicable, a copy of the standard data protection clauses in force at Viveiros Monterosa through the terms specified in Section 8 of this Policy.

 

6. Data Subjects Rights

Under current or future Data Protection Legislation, Viveiros Monterosa informs that Data Subjects have the right of access, rectification, limitation, portability, erasure and the right to object to the processing of personal data in certain circumstances, which may be exercised under the terms of this chapter of the Data Protection and Privacy Policy.

 

Rights / What do they consist in?

Right to information - You have the right to obtain clear, transparent and easily understandable information about how Viveiros Monterosa uses your Personal Data and what are your rights. That is why Viveiros Monterosa makes all this information available to you in this Data Protection and Privacy Policy.

Right of access - You have the right to obtain information on what Personal Data Viveiros Monterosa processes (if we are processing them) and certain information (similar to that provided in this Privacy Policy) on how this Data is processed. This right allows you to know and confirm that we use your Data in accordance with data protection laws.

VIVEIROS MONTEROSA may refuse to provide the requested information whenever, in order to do so, Viveiros Monterosa has to disclose Personal Data of another person or the information negatively impacts the rights of another person.

Right to rectification - If your Data is incorrect or incomplete (for example, if your name or address is wrong), you may ask Viveiros Monterosa to take reasonable measures to correct it.

Right to erasure - This right is also known as the "right to be forgotten" and, in a simple way, allows you to request to permanently erase your data, as long as there are no valid grounds for Viveiros Monterosa to continue using them or their use is illicit. This is not a general right to erasure, since exceptions are allowed (for example, where such data are necessary for the defence of a right in a judicial proceeding).

Right to restriction of processing -  You have the right to "block" or prevent future use of your Data while Viveiros Monterosa evaluates a request for rectification or as an alternative to deletion. Whenever the processing is limited, Viveiros Monterosa continues to be able to store its data, but cannot use it later. Viveiros Monterosa maintains a list of the holders who have requested the "blocking" of the future use of their data to ensure that this limitation is respected.

Right to data portability -  You have the right to obtain and reuse certain Personal Data for your own purposes in various organizations. This right applies only to the data that you have provided to Viveiros Monterosa and that Viveiros Monterosa deals with your consent and those that are handled by automated means.

Right to object -  You have the right to object to certain types of processing, for reasons related to your particular situation, at any time during which this processing is carried out, for the legitimate interest of Viveiros Monterosa or of Third Parties. Viveiros Monterosa may continue to process such Data if it can prove "legitimate reasons for the processing that overlap its interests, rights and freedoms" or if such Data is necessary for the establishment, exercise or defence of a right in a judicial process.

Right to lodge a complaint -  You have the right to complain to the competent control authority, the Comissão Nacional de Proteção de Dados (CNPD), if you believe that the processing carried out on Personal Data violates your rights and / or applicable data protection laws

You may at any time, in writing, exercise the rights enshrined in the Data Protection Legislation and other applicable legislation through the methods described in Section 8 of this Policy.   

 

 

7. Confidentiality and Security

To ensure the security and confidentiality of the collected personal data collected, Viveiros Monterosa uses protected databases including, but not limited to, adequate firewalls and passwords, in accordance with current and future Data Protection Legislation and other applicable legislation. Access to personal data is only possible for authorized employees who have an effective need to use the data, in accordance with the principles of security and confidentiality. Violations of the present Data Protection and Privacy Policy by Viveiros Monterosa employees may result in disciplinary action. Compliance with standards and procedures by Viveiros Monterosa’s staff is monitored and verified periodically.

 

8. How to Contact VIVEIROS MONTEROSA for Data Protection and Privacy Matters

Data Holders may exercise their rights through contact with Viveiros Monterosa through the following methods: i) Cabeça-Moncarapacho, Moncarapacho e Fuseta, 8700-Olhão; ii) sending email to the mailbox order@monterosa.pt.