PERSONAL DATA PROTECTION STATEMENT
We, MANOEL D. POÇAS JUNIOR – VINHOS SA (“POÇAS”), 500378207, Rua do Visconde das Devesas, n.º 186, 4401-901 Vila Nova de Gaia, PORTUGAL, have established as a priority in our internal policies the protection of personal data which we treat in the exercise of our activity.
Furthermore, attending to the e-commerce purpose of this website, at times we collect and treat personal data from our users, namely in the acquisition process of alcoholic beverages.
As such, the purpose of this statement is to inform our website’s (https://shop.pocas.pt/) user – as a data subject – about how his personal data are collected and processed: which data do we specifically process, the duration of the processing, the purpose related to such processing, as well as our efforts to keep such data protected.
It also intends to define the generic terms that condition its use.
This policy may be changed at any time to the necessary extent in order to update and correct it. Any modification will promptly be communicated to you. We are transparent in all our processes and we feel an enormous responsibility for you having entrusted us with your data.
USERS’ PERSONAL DATA COLLECTED WITH THE USE OF THE WEBSITE
WHAT ARE PERSONAL DATA?
PERSONAL DATA comprises any information, of any nature and regardless of its support, including sound and image, relating to an identified or identifiable natural person – that is, when a person is identifiable by reference to an identifier such as an identification number, or to one or more factors specific to their physical, physiological, psychic, economic, cultural or social identity, combined with each other.
- THROUGH AUTOMATIC MECHANISMS SUCH AS THE USE OF TECHNOLOGIES ABLE TO MONITOR BEHAVIORS:
The PERSONAL DATA concept thus includes not only information we commonly associate with it – such as name, address, taxpayer number –, but also information such as IP addresses and even information about the behavior, attitudes and preferences of a website’s user.
As in any other website, we may use technologies – such as cookies, but not limited to them – capable of processing PERSONAL DATA from our users.
This technology use involves collecting information about the used device – for instance, the operative system and browser used, the date and duration of the website’s use, and even the identification of previously visited websites; location information – such as IP address, GPS, Wi-Fi access points, cell tower; and even access and session information – such as the date of the session initiation and most searched words.
It is in this specific context that we may process such data, namely for statistical purposes, because the interaction that we keep with our user is very important for us, since we provide an online service! Whenever possible, we will organize this information anonymously, aggregated to our users’ characteristics and behaviors, by targeting and developing anonymous profiles.
Even so, we use these technologies essentially to facilitate and accommodate the use of our website, being fundamental to the navigation experience, as well as to ensure that we are not towards a fraud situation or other similar, that entails a risk to our users’ security.
For more information, consult our “COOKIES POLICY” here: [https://shop.pocas.pt/policies/privacy-policy].
- VOLUNTARILY PROVIDED ON THE WEBSITE:
There is the possibility of creating a user account on the website’s personal area. For this purpose, the user must provide some data such as his name, email address and password, which will only be used to manage the customer’s account.
- 3. PROVIDED FOR ORDERING PURPOSES:
Within the framework of its activity, POÇAS collects and processes personal data that are necessary for processing the orders, as well as for subsequent communications with the customers.
For that purpose, we will collect some identifying data required for the correct expedition of the orders, such as name, shipping address, email address, telephone contact and taxpayer number.
Other data may be voluntarily provided by the customers.
The data will be stored and kept only for the minimum period necessary for the purposes that driven its collection or subsequent processing – order management and processing, communication with customers, processing of information requests and eventual complaints, all within the scope of a contractual relationship established with the customer, for the provision of a service or the supply of goods.
- 4. PROVIDED FOR SUBSCRIPTION OF OUR NEWSLETTER PURPOSES:
You can subscribe to the POÇAS’ newsletter on our website by requesting the sending, to your email address, of information about the activities, offers and promotions and other news that may interest you according to your preferences.
It will always be available to the subscriber an option that allows him to withdraw his consent with the same ease that he gave it. The processing of data for this purpose is limited to the exercise of his right to object, that is, by selecting the option “unsubscribe” foreseen at the end of each received newsletter.
The data collected for this purpose are also intended to the exclusive use of POÇAS’ marketing activities, for the purposes of compiling combined statistics, metrics and elements about generalized tendencies for the improvement and optimization of advertising campaigns and for other marketing, promotional and analytical purposes.
RIGHTS ASSOCIATED WITH THE PROCESSING OF PERSONAL DATA
Our personal data protection privacies have been developed at the extent that we recognize the privacy of the person as an increasingly privileged fundamental right.
Therefore, be aware that you have the following rights legally granted.
- RIGHT OF ACCESS AND RIGHT TO RECTIFICATION:
Whenever you intend to, you can request the access to or the rectification of the data you have provided.
This means that you can confirm who actually treats your personal data, request access to them if that’s the case, and also edit them, as well as seek information related to their processing – such as processing periods, data categories, associated rights, etc.
- RIGHT TO OBJECT TO PROCESSING OF DATA:
The right to object is foreseen for the cases where the data are intended to safeguard our own legitimate interests, of third parties, of identified public interests, as well as when the data subject considers that the way that we process the personal information you provided to us is not the most suitable to your particular situation, or that it does not serve the purposes for which they were provided.
These are the cases in which we use your information, for instance, for statistical data analysis purposes.
- RIGHT TO WITHDRAW THE CONSENT AND RIGHT TO ERASURE
If the privacy policies that we defend are not enough and if you want to “be forgotten” by our databases, you can request the erasure of all or some of your data that we process when: you consider (or not) that the data are unnecessary for the purposes for which they were collected; in case you intend to exercise your right to object; if your data are being unlawfully processed; in compliance with a legal obligation or, also, when the consent for the processing was given by a minor.
- RIGHT TO DATA PORTABILITY
The user can request the portability of his data to other entity.
We note that this transfer will only occur if it is technically possible, in a structured format, in common use and automatic reading, by filling in the personal data portability request form, here: https://www.pocas.pt/client/files/0000000001/2282.pdf. Providing this data service may entail the payment of fees.
USER RIGHTS PROTECTION
I want to exercise my rights!
This statement serves essentially informative purposes. It does not invalidate that the user who feels harmed in his rights uses the suitable means for his protection, submitting complaints to Comissão Nacional de Proteção de Dados, the competent Portuguese supervisory authority (in https://www.cnpd.pt/Duvidas/Duvida_participacao.aspx), through judicial appeal, or, also, by sending us an email to email@example.com. When applicable and whenever it is possible for you, we invite you to identify the email subject as being related to personal data protection and, in particular, the pretension (for instance, “access to personal data” or “object to data processing”).
The exercise of any right will be assisted within a period of 30 days, unless there is an overlapping reason, concerned with public interest, with our own or third parties legitimate superior interests, with legal or contractual obligation or, also, if the request is manifestly unfounded. For that purpose, we may require some elements that confirm your identity as the personal data subject.
WHAT ARE THE MEASURES ADOPTED BY POÇAS TO ENSURE THE SECURITY OF MY PERSONAL DATA?
POÇAS is committed to protect its users’ personal data by implementing appropriate physical and logical security measures – such as the creation and execution of data protection policies and the adoption of computer and network systems solutions –, against its diffusion, loss and improper use, as well as against its treatment, unauthorized access or any other form of illegal processing.
We emphasize that such conduct does not invalidate that every user should adopt additional security measures, namely, ensuring he uses a properly set up electronic device and browser, with an active firewall, antivirus and/or other forms of logical or even physical security.
IS THERE A TRANSFER OF MY DATA TO OTHER ENTITIES?
Because transparency is important for us, we inform that the users’ personal data will be stored in data bases that we manage, which were created for that purpose and that ensure their security and confidentiality, in accordance with the technical, organizational and information technology accepted measures, in order to protect them from loss, modification, destruction, improper use or to avoid that the collected data is used for other purpose.
POÇAS adopts the appropriate measures, in order to ensure that the entities who have access to our personal data are reputed and that offer the highest guarantees at this level. This will be duly enshrined and safeguarded in the contract that will be signed by POÇAS and the subcontracted entity. Each entity that POÇAS subcontracts will process the collected personal data on its name and on its behalf, having the obligation to adopt the necessary technical and organizational measures in order to protect the personal data against its accidental or illegal destruction, accidental loss, modification, diffusion or non-authorized access and against any other unlawful forms of processing.
Thus, we inform that our website’s BackOffice is provided by SHOPIFY platform. You can have a better insight about them through their website: https://pt.shopify.com/legal/privacidade.
In any event, POÇAS remains responsible for the collected personal data.
We will also disclose your personal data when we have a good faith believe in such need for reasons related to:
- Legal requirements;
- The protection of our customers, for instance, to avoid spam or defrauding attempts against users, or even to prevent severe damages;
- The operability and security maintenance of our services, including to avoid or to prevent an attack in our computer or network systems; or
- The protection of rights or of our entity’s property, including the implementation of the terms that regulate the use of services.
Whenever this data transfer entails that user rights, liberties and interests cannot be duly safeguarded because there are no pertinent and sufficient guaranties for their protection, which may happen when your personal data is transferred to countries outside the European Union (cross-border data transfer), we will make that transfer depend on some of the follow conditions:
- The explicit consent of the data subject;
- The existence of European Commission’s adequacy decisions;
- The existence of data protection standard contractual clauses adopted by European Commission; or
- In the case that the transfer is made to the USA, that such country is under the EU-US Privacy Shield.
DO YOU NEED MORE INFORMATION?
You can request the information you consider necessary regarding the personal data processing and treatment. We inform that fees may be charged in case of unfounded or excessive requests. You may do it by sending an email to firstname.lastname@example.org.
For that purpose, we may require you some elements that confirm your identity as the personal data subject.
 For more information, you may consult: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_pt#dataprotectionincountriesoutsidetheeu .
 For more information, you may consult: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_pt#international-data-transfers-using-model-contracts
 For more information, you may consult: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/eu-us-privacy-shield_en