Legal Notice

LEGAL MENTION

According to the statements of Articles 6-III and 19 of Law No. 2004-575 of 21 June 2004 for the Confidence in the digital economy, known as LCEN, we bring to the attention of users and visitors of the site smmleading.com following information:

Owner Status: company

Prefix: LTD

Company Name: Esfera Benefica - Unipessoal Lda

Address: Lake Towers, Edificio D, Rua Daciano Baptista Marques, N 245, 2 Andar, Vila Nova De Gaia Freguesia 4400-617, Porto

Company Number: 515981222

Company Director: Pereira Pinto Maria Manuela

Email Address: [email protected]

Site Builder: Esfera Benefica - Unipessoal Lda

Publishing Manager: Esfera Benefica - Unipessoal Lda

Responsible Person for the publication: [email protected]

Responsible Person for the publication as a legal person:

Webmaster: Esfera Benefica - Unipessoal Lda

Contact the Webmaster: [email protected]

 

COOKIE POLICY

Updates or Changes in the Cookie and Privacy Policy

This Privacy Policy may be modified at any time and post any changes to the Privacy Policy on the Website, so please review it frequently.

Changes to this Privacy Policy may not affect your personal data we have previously gathered from you or after such changes.

If you object to the changes, please contact us as provided below.

Data Types We Collect and the Ways We Use Them

The only data types we collect are marketing data vital for updates or promotional offers, and minimal personal information (name, address, telephone number & email address). No such data are disclosed to the third parties; they are treated as anonymous statistics.

Cookies Usage Control

Some browsers will let you block cookies that do not meet your privacy preferences. If necessary, you can stop accepting new cookies, be notified when you receive a new cookie, and disable existing cookies. Disabling all cookies could significantly affect your web browsing, rendering it’s impossible to take full advantage of all of our website features. Be aware that some parts of our websites require your accepting cookies for it to work in a proper mode. Cookies can be removed or declined by changing your web browser settings any time you wish. For more information, please visit www.allaboutcookies.org and/or www.youronlinechoices.com

 

SPECIFICATION

Consent of the data subject/user is any freely given, specific, informed and unambiguous indication of the data subject/user`s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

Data subject/user is an identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing; a user to the Esfera Benefica - Unipessoal Lda Service.

Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Personal data means any information relating to an identified or identifiable natural person (“data subject/user”). 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.

 

CONFIDENTIALITY POLICY

In this title described the privacy practices for the Website operated by smmleading.com (hereinafter "Website" if singular, or, "Websites") and how the Website operated by Esfera Benefica - Unipessoal Lda collect and use the personal data you provide on Esfera Benefica - Unipessoal Lda Website, with the purpose to use Esfera Benefica - Unipessoal Lda Service. It also describes the choices accessible to you regarding our use of your personal details and how you can handle this information.

The visit of the Website can be accessed without any indication of personal data; however, if a user wants to use Esfera Benefica - Unipessoal Lda Service via our Website, collecting and processing of personal records could become necessary. If the processing of personal data is necessary we generally obtain agreement from the user as a data subject.

Based on Art 37/1 of the GDPR regulation, Esfera Benefica - Unipessoal Lda isn’t required to appoint a Data Protection Officer (DPO). However, there is a person in charge of GDPR implementation at Esfera Benefica - Unipessoal Lda and which will address all questions, queries, and requests on this topic. This person can be reached by email at [email protected].

The processing of personal data, such as a name, address, e-mail address, telephone number or billing information of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to Esfera Benefica - Unipessoal Lda. By means of this Privacy Policy, we would like to inform the general public of the nature, content, and purpose of the personal data we collect, use and process. Furthermore, data subjects (users) are informed, by means of this Privacy Policy, of the rights to which they are entitled.

As the controller, Esfera Benefica - Unipessoal Lda has accomplished extensive technical and organizational measures to ensure the most complete protection of personal data processed through this Website.

In this Privacy Policy “Esfera Benefica - Unipessoal Lda”, “we”, “us” and “our” means Esfera Benefica - Unipessoal Lda.

Provision of our Service generally not aimed at children. This Website is not premeditated for use by children under the age of 18.

 

CONTROLLING LAW

This Privacy Policy is governed by and construed with the laws including the Data Protection Directive (95/46/EC) and Regulation 2016/679 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data, and repealing Directive 95/46/EC (“GDPR”), effective as of 25 May 2018.

Clients who access the website from locations outside of the European Union are responsible for compliance with local laws if and to the extent that local laws are applicable.

Processors and Controllers

The GDPR also introduces two parties when it comes to collecting and processing personal data: data controllers and data processors.

A data controller governs the purposes and ways that personal data is processed. Esfera Benefica - Unipessoal Lda customers, be they organizations or individuals, are data controllers.

Esfera Benefica - Unipessoal Lda is consequently considered in the new GDPR as a data processor in the sense that it will process your personal data and is responsible to make sure that all processors with whom it deals will be GDPR compliant.

 

PERSONAL DATA GATHERING AND USE

We tend to be compliant with GDPR and implemented the data minimization principle. Personal data, as defined above, which we collect, consist of:

  1. full name (first and last);
  2. e-mail address, providing the data subject with the ability to register an account and become a user of our Service with the purpose to use the Esfera Benefica - Unipessoal Lda Service correspondingly;
  3. billing information, which includes full address, zip code, city, country, telephone number;
  4. payment method (not full credit card number and expiration date);
  5. IP address – assigned by the Internet service provider (ISP) and used by the data subject/user;
  6. location data – for statistics of user’s areas involvement.

When you purchase Esfera Benefica - Unipessoal Lda Service you have to fill the User’s Information, which should contain your personal information as ID (first name, last name) and email, which is processed and stored by Esfera Benefica - Unipessoal Lda.

You also have to fill the Billing Information, which should contain your Personal data, which is partly stored by Esfera Benefica - Unipessoal Lda and processed by the payment providers.

We may use your Personal Data to:

  1. improve your browsing experience by personalizing the Website and to improve the Service;
  2. send information to you by email regarding registration status, password verification, payment confirmation;
  3. send you communications relating to your use of the Service and materials/content being Service;
  4. provide our partners with statistical information about our users by secured channels under data processing agreements (DPA).

 

INFORMATION THAT IS AUTOMATICALLY COLLECTED. COOKIES. LOG FILES. PIXEL TAGS

We also collect and save information that is generated automatically as you navigate through our Website to expand your experience on our Website by using tracking technologies as Cookies, Log Files and Pixel tags.

If you do not wish to receive Cookies you may be able to refuse them by adjusting your browser settings to reject Cookies.

Esfera Benefica - Unipessoal Lda also may use Pixel tags (single-pixel image files also known as transparent GIFs, clear GIFs or web beacons) to access Cookies and to count users who visit the Website or open our HTML-formatted e-mail messages.

The data subject may, at any time, prevent the setting of cookies through our Website by means of corresponding settings of the Internet browser used, and may thus permanently deny the setting of Cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other Service programs.

We use cookie technology as part of our web site’s statistical reporting. Cookies are central to the customization of the internet and online behavioral advertising. We gather statistical data on which pages are visited, what is downloaded, the Internet provider’s domain name and country of the visitors, as well as the addresses of sites visited immediately before, and after, coming to Esfera Benefica - Unipessoal Lda.

Google Analytics helps us measure the effectiveness of our advertising, as well as the simplicity and efficiency of our site’s usage.

 

LEGAL ARRANGEMENTS

In the event of a change of control of Esfera Benefica - Unipessoal Lda (such as asset transfers through a merger, sale, assignment or liquidation of the business entity, or any of its properties, assets or equity) or, in the event of a direct or indirect sale of any of its publishing properties and/or its Website(s), personal data of users of the affected Website(s) in our possession will be transferred to the new owner/successor. You will be notified of any such transaction and have an ability to exercise your legal rights under GDPR. You may always change or delete your personal data or opt out by contacting us as provided below, or if the acquirer posts a new Privacy Policy with new contact information, you may change or delete your personal data or opt out by following any new instructions that are posted.

Esfera Benefica - Unipessoal Lda considers your use of its Service to be private. However, we may disclose your personal information stored in your account and/or on Esfera Benefica - Unipessoal Lda servers and databases, in order to:

  • comply with the law or legal process served on us;
  • enforce and investigate potential violations of this Privacy Policy; including the use of this Service to participate in or facilitate activities that violate the law;
  • investigate potential fraudulent activities;
  • protect the rights, property, or safety of Esfera Benefica - Unipessoal Lda, its employees, its customers or the public.

We may share Information Gathering with third parties, including strategic partners, for marketing and promotional purposes under concluded data processing agreements, which secure the transfer and processing of personal data according to GDPR.

The controller may also transfer to one or more processors (e.g. a payment provider under DPA) personal data of a data subject for payment processing purpose, which is attributable to the controller and without which a user would not be able to purchase the Service and use Esfera Benefica - Unipessoal Lda Service.

As we use third-party technological services for the provision of Services, we may transfer your personal date internationally. Providers of such technological services may process personal data collected in the course of providing us their services as sub-processors only under DPA in accordance with GDPR.

However, the encryption is useless if the access password or other credentials are weakly protected and stored by the data subject. In this case, the controller is not responsible for a personal data breach.

In the case, of a personal data breach, the controller shall without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the personal data breach to the competent supervisory authority.

In case there might be a risk of unauthorized disclosure of personal data the controller communicates the personal data breach to the data subject without undue delay. However, as the controller has implemented appropriate technical and organizational protection measures, as encryption, and it was applied to the personal data affected by the personal data breach, the controller is not required to communicate the data subject.

 

PERSONAL INFORMATION

To stand back of further e-mail communications from us, just visit Unsubscribe Page and cancel your subscription, or contact us as instructed at the end of this Privacy Policy. We may need up to 10 (ten) business days to assure compliance with your request.

To change your personal data that you have provided us, please contact us as instructed at the end of this Privacy Policy.

Routine Erasure and Personal Data Blocking

The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of Service provision, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.

Period For Which the Personal Data Will be Preserved

The criteria used to determine the period of storage of personal data is the respective statutory retention period. After the expiration of that period and when we no longer need personal data, we routinely and securely delete or demolish it, as long as it is no longer necessary for a purpose.

 

RIGHTS OF THE PERSONAL DATA OWNER

Right to rectification

Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

Right to erasure

Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:

  • The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
  • The data subject withdraws consent to which the processing is based according to a point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
  • The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.

Right of restriction of processing

Each data subject shall have the right granted by the European legislator to get a restriction of processing from the controller where one of the following applies:

  • The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
  • The processing is unlawful and the data subject inhibits the erasure of the personal data and requests instead of the restriction of their use instead.
  • The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims.

The data subject has objected to processing agreeably to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

If one of the aforementioned reasons applies, the data subject may at any time contact us, as instructed at the end of this Privacy Policy. We shall promptly ensure that the request is complied with immediately.

Right to data portability

Each the data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which is provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority authorized in the controller.

Right of access

Each data subject shall have the right granted by the European legislator to get information from the controller about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:

  • the purposes of the processing;
  • the categories of personal data concerned;
  • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
  • where possible, the required period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
  • the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
  • the existence of the right to lodge a complaint with a supervisory authority;
  • where the personal data are not collected from the data subject, any available information as to their source.

The existence of automated decision-making, including profiling, referred to in Article 22.1. and 22.4 of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.

Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organization. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

If one of the above-mentioned reasons applies, the data subject may at any time contact us, as instructed at the end of this Privacy Policy. We shall urgently ensure that the request has complied immediately.

Right to object

Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.

If one of the aforementioned reasons applies, the data subject may at any time contact us, as instructed at the end of this Privacy Policy. We shall promptly ensure that the request is complied with immediately.

Right of confirmation

Each data subject shall have the right granted by the European legislator to get a confirmation from the controller as to whether or not personal data concerning him or her are being processed.

 

CONTACTS

If you have any questions about this Privacy Policy or you wish to make changes to your personal information or remove yourself from our database, please contact us by E-mail: [email protected] and insert only the words Re: "Privacy Policy" in the subject line header of the e-mail.

 

30.01.2020