Privacy Policy

a.General Part

1. Collection and processing of customer data

Within the scope of its commercial activity, SOL E BRUMAS® -owned by SÓNIA MARIA CABRITA DOS SANTOS BÁRBARA (hereinafter referred to as "SOL E BRUMAS"), with head office at LADEIRA DO CARDOSO 2D, S. BRÁS - 9769-652 PRAIA DA VITÓRIA - AÇORES, PORTUGAL, NIF 186932120, requests the client to provide a set of personal data, i.e. information provided by the client that allows SOL E BRUMAS® to identify and or contact him/her (personal data).

 

The personal data is requested, in particular, when the customer wishes to subscribe to a newsletter, when he registers on this website, requests a contact, subscribes to a particular service, buys a product or establishes a contractual relationship with SOL E BRUMAS®.

 

The personal data collected and processed consists of information regarding name, gender, date of birth, telephone number, cell phone number, email address, address, tax identification number, although other personal data which may be necessary or convenient for sending campaigns or promotions or for the services offered by SOL E BRUMAS® may also be collected.

Through this Privacy Policy SOL E BRUMAS® provides the client and Data Owner (hereinafter referred to as the owner) with detailed information about the nature of the data collected, the purpose and processing which will be carried out in relation to the personal data as well as the information mentioned in clause 7 below.

 

SOL E BRUMAS® also collects on this website and processes information about its hardware and software, as well as information about the pages visited by the Data Subject within the website. This information may include: your browser type, domain name, access times and the links through which the Card Holder accessed the website ("Usability Information"). We use this information only to improve the quality of your visit to our website.

 

Usability Information and personal data is referred to in this Privacy Policy as "Cardholder Data".

 

2. Data collection channels

SOL E BRUMAS® may collect data directly (i.e. directly from the Card Holder). The 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 regarding the processing of personal data, SOL E BRUMAS® undertakes to ensure that the Data of the Holder processed by it are:

 

  • Object of a lawful, loyal and transparent processing in relation to the Holder;
  • Collected for specified, explicit and legitimate purposes and not further processed in a manner incompatible with these purposes;
  • Adequate, pertinent and limited to what is necessary in relation to the purposes for which they are processed;
  • Accurate and up-to-date where necessary, with every reasonable step being taken to ensure that inaccurate data, having regard to the purposes for which they are processed, are erased or rectified without delay;
  • Kept in a form which permits identification of the data subject for no longer than is necessary for the purposes for which the data are processed;
  • Processed in a manner that ensures their security, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, with appropriate technical or organizational measures being taken.

 

The Holder's Data is collected and processed by SOL E BRUMAS® 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 SOL E BRUMAS® without prejudice to the rights and fundamental liberties of the Card Holder and the right to object as laid down in clause 13.

 

The Card Holder's Data may also be collected and processed by SOL E BRUMAS® if

 

  • The processing is necessary for the fulfillment of a legal obligation to which SOL E BRUMAS® is subject;
  • The processing is necessary for the defense of vital interests of the Card Holder or of another natural person.
  • If none of the above situations occur, the Card Holder's Data may only be collected and processed if the Card Holder has given his explicit consent to the processing of the Card Holder's Data for one or more specific purposes.

 

SOL E BRUMAS® undertakes to ensure that the processing of the Card Holder's Data is only carried out under the conditions listed above and in accordance with the principles mentioned above.

 

When the treatment of the Card Holder's Data is carried out by SOL E BRUMAS® based on the Card Holder's consent, the Card Holder has the right to withdraw his/her consent at any time. The withdrawal of consent, however, does not affect the lawfulness of the treatment carried out by SOL E BRUMAS® based on the consent previously given by the Data Subject.

 

When processing the Card Holder's Data SOL E BRUMAS® uses or may use third parties which it has subcontracted to carry out the processing of the Card Holder's Data on behalf of SOL E BRUMAS® and in accordance with the instructions given by the latter in strict compliance with the law and this Privacy Policy. These subcontracted entities will not be able to transmit the Card Holder's Data to other entities. SOL E BRUMAS® undertakes to only subcontract entities which provide sufficient guarantees to implement adequate technical and organizational measures to ensure the protection of the Card Holder's rights. All entities subcontracted by SOL E BRUMAS® will be bound to the latter through a written contract in which 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 are regulated.

 

The Data of the Holders collected by SOL E BRUMAS® are not shared with third parties without the consent of the Holder, with the exception of the situations mentioned in the following paragraph. However, if the Card Holder contracts SOL E BRUMAS® for services which are provided by other entities responsible for the processing of personal data, the Card Holder's Data may be consulted or accessed by these entities insofar as this is necessary for the provision of said services.

 

Under the terms of the applicable laws, SOL E BRUMAS® may transmit or communicate the Card Holder's Data to other entities in the event that this transmission or communication is necessary for the performance of the contract established between the Card Holder and SOL E BRUMAS® or for pre-contractual measures requested by the Card Holder, in the event that it is necessary for the fulfillment of a legal obligation to which SOL E BRUMAS® is subject or in the event that it is necessary for the purpose of pursuing the legitimate interests of SOL E BRUMAS® or a third party. In case of transmission of the Card Holder's Data to third parties we will make reasonable efforts to ensure that the transferee uses the transferred Card Holder's Data in a manner consistent with our Privacy Policy.

 

The period for which data is stored and retained varies depending on the purpose for which the information is processed.

 

In fact, there are legal requirements that require data to be retained for a minimum period. 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 their collection or their subsequent processing, having as maximum limit the ordinary period of prescription provided for in the civil law, after which they will be deleted.

 

4. Use and purposes of processing user data

In general terms, SOL E BRUMAS® uses the Holder's Data for the following purposes:

 

  1. a) General

 

  • Contact management with the Card Holder;
  • Invoicing and charging the Card Holder;
  • Compliance with SOL E BRUMAS® exchange and return policies;
  • Compliance with legal obligations, namely tax obligations;

 

  1. b) For marketing purposes:

 

  • Information to the Holder about exclusive campaigns of SOL E BRUMAS®'s initiative;
  • Sending newsletters, opinion polls or other information about products ordered or purchased by the Card Holder.

 

5. Technical, organizational and security measures in place

In order to guarantee the security of the Card Holder's Data and the utmost confidentiality, we handle the information you have provided us with in an absolutely confidential manner, in accordance with our internal security and confidentiality policies and procedures, which are periodically updated as necessary, as well as in accordance with the terms and conditions provided by law.

 

Depending on the nature, scope, context and purposes of the data processing, as well as the risks arising from the processing for the rights and freedoms of the Data Subject, SOL E BRUMAS® undertakes to implement, both when defining the means of processing and during the processing itself, the necessary and appropriate technical and organizational measures to protect the Data Subject and to comply with the legal requirements.

 

It also undertakes to ensure that, by default, only the data that is necessary for each specific purpose of the processing is processed and that such data is not made available without human intervention to an undetermined number of people.

 

In terms of general measures, SOL E BRUMAS® adopts the following:

 

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

6. Transfer of data outside the European Union

The personal data collected and used by SOL E BRUMAS® are not made available to third parties established outside the European Union. If, in the future, this transfer takes place for the above mentioned reasons, SOL E BRUMAS® undertakes to ensure that the transfer complies with the applicable legal provisions, particularly with regard to determining the suitability of such country for 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 cell phone when you visit a website. The 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 a user's device, enabling the user to navigate pages efficiently, remembering 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 have a longer lifetime.

 

Most browsers automatically accept cookies. You can modify your browser setting to decline cookies or to be notified each time a cookie is created.

 

You can find more information about cookies, including how to see what 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 this, follow the instructions in your browser (usually located in the "Help", "Tools" or "Edit" options). Deactivating a cookie or category of cookies does not delete the cookie from your browser, you need to delete it manually.

 

By blocking or deleting cookies used by SOL E BRUMAS®, you may not be able to enjoy the website's features to the fullest.

 

We use the following cookies:

 

  • Google Analytics;
  • Facebook pixel.

b. Users' rights - data subjects

8. Right to information

Through this Privacy Policy SOL E BRUMAS® provides the Holder with the following information about the purpose and the processing of personal data which will be carried out:

 

  • The contacts of SOL E BRUMAS® are those indicated in this website;
  • The legal basis and the 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;
  • The Personal Data will be stored and kept only for the minimum period necessary for the purposes that motivated their collection or their further processing, having as maximum limit the ordinary limitation period provided for in the civil law, after which they will be deleted;
  • The Holder has the right to request SOL E BRUMAS® to access and rectify the Personal Data, as well as the right to oppose their treatment or to request their portability, erasure or limitation, in the cases and terms foreseen in clauses 8 and following of this Privacy Policy;
  • In cases where the processing of collected data is based on the Holder's consent, the Holder has the right to withdraw consent at any time, without compromising the lawfulness of the processing carried out on the basis of the consent previously given;
  • The Data Subject has the right to lodge a complaint with the National Commission for Data Protection (CNPD);
  • In the event that the Card Holder's Data is not collected directly by SOL E BRUMAS® from the Card Holder, in addition to the information mentioned above, the Card Holder will be informed of the categories of personal data subject to processing as well as the origin of the data and, where applicable, whether they come from sources accessible to the public;
  • If SOL E BRUMAS® intends to further process the Card Holder's Data for a purpose other than that for which the data was collected, prior to such processing SOL E BRUMAS® will provide the Card Holder with information about this purpose and any other relevant information as mentioned above.

 

9. Right of access to personal data

SOL E BRUMAS® guarantees the means by which the Data Controller may access his personal data.

 

The Data Holder has the right to obtain from SOL E BRUMAS® confirmation as to whether or not personal data concerning him are being processed and, if so, the right to access his personal data and the information provided for in clause 7 above.

 

Upon request, SOL E BRUMAS® will provide the Card Holder, free of charge, with a copy of the Card Holder's Data being processed. The provision of other copies requested by the Card Holder may entail administrative costs.

10. Right to rectification of personal data

The data subject has the right to request at any time the rectification of his personal data as well as the right to have incomplete personal data completed, including by means of an additional declaration.

 

In the event of rectification of the data, SOL E BRUMAS® will notify each recipient to whom the data have been passed of the rectification, unless such notification proves impossible or involves a disproportionate effort for SOL E BRUMAS®.

 

11. Right to erasure of personal data ("right to be forgotten")

The Data Subject has the right to obtain, from SOL E BRUMAS®, the erasure of his/her 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 Data Subject withdraws the consent on which the data treatment is based and there is no other legal basis for said treatment;
  • The Data Subject has exercised the right to object provided for in clause 13 and there are no overriding legitimate interests that justify the processing;
  • In the event that the Data Subject's Data is unlawfully processed;
  • Caso os Dados do Titular tiverem de ser apagados para o cumprimento de uma obrigação jurídica a que a SOL E BRUMAS® esteja sujeita.
  • Under the applicable legal terms SOL E BRUMAS® is not obliged to erase the Card Holder's Data insofar as the processing is necessary for the performance of a contract to which the Card Holder is a party or to comply with a legal obligation to which SOL E BRUMAS® is subject or for the declaration, exercise or defence of a right of SOL E BRUMAS® in legal proceedings

 

In case of data erasure, SOL E BRUMAS® will notify each recipient/entity to whom the data has been transmitted of the erasure of the data unless such notification proves impossible or involves a disproportionate effort for SOL E BRUMAS®.

 

When SOL E BRUMAS® has made public the Card Holder's Data and is obliged to erase them pursuant to the right to erasure, SOL E BRUMAS® undertakes to take reasonable steps, including technical measures, taking into consideration the available technology and the costs of its implementation, to inform those responsible for the actual processing of the personal data that the Card Holder has requested them to erase the links to these personal data as well as the copies or reproductions thereof.

 

12. Right to limit the processing of personal data

The Holder has the right to obtain from SOL E BRUMAS® the limitation of the treatment of the Holder's data if one of the following situations applies (limitation consists of inserting a mark on the personal data stored with the aim of limiting their treatment in the future)

 

  • If you contest the accuracy of the personal data, for a period that allows SOL E BRUMAS® to verify its accuracy;
  • If the processing is unlawful and the Data Controller opposes the erasure of the data and instead requests the limitation of their use;
  • If SOL E BRUMAS® no longer needs the Cardholder's data for processing purposes, but they are required by the Cardholder for the purpose of asserting, exercising or defending a right in legal proceedings;
  • When the Data Controller has opposed the processing until it is established that the legitimate reasons of SOL E BRUMAS® prevail over those of the Data Controller.

 

When the Card Holder's Data is subject to limitation, it may only, with the exception of conservation, be processed with the consent of the Card Holder or for the purposes of the declaration, exercise or defence of a right in legal proceedings, the defence of the rights of another natural or legal person, or for reasons of public interest as provided by law.

 

The Data Subject who has obtained the limitation of the processing of their data in the aforementioned cases will be informed by SOL E BRUMAS® before the limitation on processing is lifted.

 

In the event of data processing being limited, SOL E BRUMAS® will notify each recipient to whom the data has been passed of the limitation, unless such notification proves impossible or involves a disproportionate effort for SOL E BRUMAS®.

 

13. Right to personal data portability

The Data Subject has the right to receive the Personal Data concerning him/her that he/she has provided to SOL E BRUMAS®, specifically those identified in clause 1.1, in a structured, commonly used and machine-readable format, and the right to transmit such data to another controller if:

 

  • The processing is based on consent or a contract to which the Data Subject is a party; and
  • The processing is carried out by automated means.

 

The right of portability does not include inferred data or derived data, i.e. personal data that is generated by SOL E BRUMAS® as a consequence or result of the analysis of the data subject to processing, but only the personal data that the Data Controller has legally granted.

 

The Data Subject has the right to have personal data transmitted directly between those responsible for processing, whenever technically possible.

 

14. Right to object to the processing

The Data Subject has the right to object to the processing of personal data at any time, for reasons relating to his/her particular situation, in the following cases:

 

  • When the collection and processing of personal data is based on the pursuit of legitimate interests by SOL E BRUMAS® or by third parties within the framework of the relevant relationship established with the Data Subject, namely for the purposes of direct marketing, which covers profiling insofar as it is related to such direct marketing;
  • When the processing is carried out for purposes other than those for which the personal data were collected, including profiling;
  • When personal data are processed for statistical purposes.

 

SOL E BRUMAS® will cease the processing of the Card Holder's Data unless it has compelling and legitimate reasons for such processing which override the interests, rights and freedoms of the Card Holder or for the declaration, exercise or defence of a right of SOL E BRUMAS® in a legal procedure.

 

If the Data Controller objects to the processing of his data for the purposes of direct marketing, SOL E BRUMAS® will cease processing the data for this purpose.

 

The Data Subject is also entitled not to be subject to any decision taken solely on the basis of automated processing, including profiling, which produces legal effects concerning him/her or significantly affects him/her in a similar manner, unless the decision

 

  • Is necessary for the conclusion or performance of a contract between the Data Subject and SOL E BRUMAS®;
  • is authorized by legislation to which SOL E BRUMAS® is subject; or
  • It is based on the explicit consent of the Card Holder.

 

15. Procedures for the exercise of user rights

The right of access, the right of rectification, the right of erasure, the right to limitation, the right of portability and the right to opposition may be exercised by the Data Controller by contacting SOL E BRUMAS® via the SOL E BRUMAS® email address.

 

SOL E BRUMAS® will reply in writing (including by electronic means) to the Card Holder's request within a maximum period of one month from receipt of the request, except in cases of special complexity where this period may be extended to two months.

 

If requests made by the Card Holder are manifestly unfounded or excessive, in particular because of their repetitive nature, SOL E BRUMAS® reserves the right to charge administrative costs or refuse to act on the request.

 

16. Violations of personal data

In the event of a breach of data and insofar as such breach is likely to involve a high risk to the rights and freedoms of the Data Controller, SOL E BRUMAS® undertakes to notify the Data Controller concerned of the breach of personal data within 72 hours of becoming aware of the incident.

 

In legal terms, the communication to the Data Controller is not required in the following cases:

 

  • In case SOL E BRUMAS® has applied adequate protection measures, both technical and organizational, and such measures have been applied to the personal data affected by the breach, especially measures that render the personal data incomprehensible to any person not authorized to access such data, such as encryption;
  • Where SOL E BRUMAS® has taken subsequent measures ensuring that the high risk to the rights and freedoms of the Data Subject is no longer likely to materialize; or
  • In case the communication to the Card Holder implies a disproportionate effort for SOL E BRUMAS®. In this case, SOL E BRUMAS® will make a public communication or take a similar measure by which the Card Holder will be informed.

c. Final part

17. Alterations to the privacy policy

SOL E BRUMAS® reserves the right to modify the present Privacy Policy at any time. In case of modification of the Privacy Policy, the date of the last alteration, available at the top of this page, is also updated. If the alteration is substantial, a notice will be placed on this website.

 

18. Applicable Law and Venue

The Privacy Policy, as well as the collection, processing or transmission of Data from the Data Subject, are governed by the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 and by the laws and regulations applicable 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 Cardholder's Data, shall be submitted exclusively to the jurisdiction of the Judicial Court of the Judicial District of the Azores, without prejudice to the applicable mandatory legal rules.