3. PERSONAL DATA, PERSONAL DATA SUBJECTS AND CATEGORIES OF PERSONAL DATA
3.2. Who are the data subjects?
3.3. How do we collect and what categories of personal data do we process?
4. THE BASIS AND DURATION OF THE PROCESSING OF PERSONAL DATA
4.1. On what basis can BIZAY treat your personal data?
4.2. How long do we store your personal data?
5. THE BASIS AND DURATION OF THE PROCESSING OF PERSONAL DATA
5.1. With whom do we share your personal information?
6. THE BASIS AND DURATION OF THE PROCESSING OF PERSONAL DATA
6.1. How do we keep your personal data secure?
BIZAY is a registered trademark under which the commercial company Binary Subject, S.A. operates, with headquarters at Hipólito Center Park, Fração F, 2.º A, Bairro Arenes, 2560-628, Torres Vedras.
Binary Subject, S.A., registered at the Commercial Registry Office with the unique registration and legal person number 509,980,422, is the entity responsible for processing the personal data of its customers and/or potential customers. For questions regarding the processing of your personal data, you should contact us by the following means: Address: Hipólito Center Park, Fração F, 2.º A, Bairro Arenes, 2560-046 Torres Vedras Phone : [●] Email : firstname.lastname@example.org
Under the terms of the RGPD, Personal Data is any information, of any nature and in any medium, relating to an identified or identifiable natural person. A person shall be deemed identifiable where he or she can be identified directly or indirectly, for example by means of his or her name, identification number, location details, electronic identifier or other elements enabling that natural person to be identified.
Information automatically collected by BIZAY:
Whenever you visit our website, we automatically collect information regarding your transactions and your use of the same website.
If you are a BIZAY registered customer or if you use the product editor, the data that is collected automatically will be attached to your personal information.
The objective of this information collection is to carry out internal research carried out by BIZAY in order to know the interests and preferences of its Users, in order to better understand their needs and priorities and, in this way, improve the services provided. BIZAY may also use this information to communicate platform news, promotions, discounts and other information that is considered of interest to the user.
Automatically collected information:
You may provide us with certain personally identifiable information when:
- Register for a BIZAY account;
- Use the product editor;
- Order products or gift certificates;
- Request customer support services or send us any other communication;
- Participate in raffles or contests;
- You sign up to receive special offers, or you receive them;
- Sign up to receive newsletters, email alerts and special offers;
- Responds to inquiries;
- Fill out the BIZAY representative agreement;
- Fill in our new customer brochures;
- Other situations where Users freely and spontaneously provide their personal data to BIZAY;
All the data that is necessary for the formalization, execution and management of the contracted services may be collected, including, but not limited to:
- Contact information: name; address; email; telephone/mobile; billing address; shipping address;
- Personal information: citizen card/identity card number; taxpayer number; bank account details; marital status; profession; employment entity;
- Identification data: customer number; contract number;
- Customer history: customer satisfaction ratio; services rendered; local(s) services rendered; purchasing and payment history;
- Other: details about devices; IP addresses;
- Please note that you may also provide us with this information about other people, including their email addresses and phone numbers, if you email a product to a friend, forward a friend to the website or to our promotions, or purchase products by entering a friend's information.
- Permanent cookies: These are cookies that are stored in the browser of your electronic access devices (PC, mobile and tablet) and that are used whenever you visit the BIZAY website again. They are generally used to target navigation to the user's interests, allowing us to provide a more personalized service;
- Session cookies: These are temporary cookies that remain in the browser's cookie file until you leave the website, so there is no registration on the user's hard drive. The information collected by these cookies serves to analyze site traffic patterns, allowing us to identify problems and provide a better browsing experience;
- Analysis cookies: These are cookies that do not collect or store personal information about you (e.g. name or address) and therefore cannot be used to identify you. On the contrary, they consist of cookies that make it possible to quantify the number of users and carry out the measurement and statistical analysis of how the users use the service offered. They thus allow BIZAY to analyse the navigation on its website, with the aim of improving the supply of products or services that we offer you.
By registering as a User, the User authorizes BIZAY to use the personally identifiable information provided to:
- Offer the features and functionality of the website;
- Satisfy the requests for products and services made by the User;
- Pay for income obtained with BIZAY (commissioning model);
- Communicate with the User about the status of their orders and other requests for information related to our products and services;
- Send the User information about our products and services;
- BIZAY's internal business purposes, such as data analysis, auditing, etc;
- Help BIZAY to create more relevant content for the User;
- Inform the User about the results of sweepstakes, contests and other promotions;
BIZAY uses the email address provided by You to communicate with You about Your account and to send certain warning messages, as well as to send marketing messages and notifications from time to time. You can unsubscribe from the communications in your account by clicking on the unsubscribe link included in the footer of all BIZAY emails.
By unsubscribing from BIZAY's communications, You will no longer receive all of our information about our products and services, the results of our sweepstakes, contests and promotions but, temporarily, You may continue to receive emails regarding Your customer account with BIZAY. This feature is being reviewed and soon, as soon as you unsubscribe you will no longer receive any communication from BIZAY.
BIZAY users can refer friends/family to receive communications from BIZAY. BIZAY reserves the right to use the referenced data provided by the referrer for marketing purposes, unless otherwise authorized.
We will use non-personally identifiable information to monitor the use and performance of the website in order to learn more about how people use the website and thereby improve our products and services and significantly improve the user experience on our website.
In general, the personal data collected is intended for the management of the contractual relationship, the provision of the contracted services, the adequacy of our services to your needs and interests, and so that we can inform you about our events and our services/products.
Under the terms of the GDPR, the processing of personal data must have a legal basis that legitimises such processing, which may be, among others:
- Consent: when you have your express consent - in writing, orally or through the validation of an option - and prior consent and if that consent is free, informed, specific and unambiguous. Examples are your consent to send direct marketing messages; profiling; call recording;
- Contract performance and pre-contractual due diligence: where the processing of personal data is necessary for the conclusion, performance and management of the contract concluded with BIZAY, such as for the use of the website, requests for information, preparation of service proposals, provision of services, contact/replaints management, invoicing/ collection/payments;
- Compliance with legal obligations: where the processing of personal data is necessary to comply with a legal obligation to which the BIZAY is subject, such as the communication of data to law enforcement, judicial, fiscal or regulatory bodies;
- Legitimate interest: where the processing of personal data corresponds to a legitimate interest of the BIZAY or of third parties, such as improvement of quality of service, detection of fraud, where the reasons for its use must prevail over the rights of the data subject.
We process and store your personal data to the extent necessary for the fulfilment of our contractual and legal obligations. There are cases in which the law requires the processing and conservation of data for a minimum period of time, namely for 10 years in the case of data required for information to the Tax Authority, for accounting, tax or commercial bookkeeping purposes. In other cases, we keep your data only for as long as necessary for the purpose for which they were collected or, if any, for as long as authorised by the National Data Protection Commission (CNPD). Once the maximum retention period has been reached, your personal data will be irreversibly anonymised (anonymised data may be retained) or destroyed in a secure manner.
However, where there is no specific legal obligation, then the data will be processed only for the period necessary to fulfil the purposes for which they were collected and preserved and always in accordance with the law, guidelines and decisions of the CNPD. In the context of call recording and in accordance with the regulatory authorisation, BIZAY will retain the recordings for proof of the commercial transaction and communications in the context of the contractual relationship for the period of validity of the contract agreed between the parties plus the period of prescription and expiry which is 6 months.
BIZAY may also record and retain calls for the purpose of monitoring quality of service and on the basis of the consent of the Customer, but for this purpose calls will only be retained for a maximum period of 30 days.
With regard to video surveillance of its premises, BIZAY will only keep image recordings and related personal data for a maximum period of 30 days.
BIZAY may keep other personal data for longer than the duration of the contractual relationship, either on the basis of your consent, or to ensure rights or duties related to the contract, or because you have legitimate interests on which to base it, but always for the period strictly necessary to achieve the respective purposes and in accordance with the guidelines and decisions of the CNPD.
As a rule, BIZAY does not share personal data about you with other persons or non-affiliated companies without your consent. However, BIZAY provides data to its agents and its service providers and other trusted service providers for limited purposes, such as:
- The fulfillment of customer orders and the processing of credit card transactions;
- The offer of certain products and services;
- The provision of customer support services;
- The management of information on our behalf;
- The improvement of the characteristics and functionalities of the website.
By registering on the Website, by registering for a promotion (e.g. a sweepstakes or contest) or a service that we provide together with a third party, You agree that we may provide data (such as Your name, email address and account activity) to such third parties, provided that it is duly authorised by You.
BIZAY provides its vendors with the first name and city/district/country of residence of BIZAY customers who have purchased BIZAY products from that vendor. BIZAY may also disclose customer data (including the User's name, addresses, telephone number and account activity) whenever, in its sole discretion, it determines that such disclosure is necessary or appropriate for:
- Comply with the law;
- Comply with subpoenas, warrants, court orders, government inquiries or other judicial acts;
- Enforce or enforce the terms of any of our User or license agreements;
- Investigate or respond to allegations of fraud, intellectual property infringement or other illegal activities;
- Conduct investigations in cases of fraud or similar allegations;
- Protect the rights, property or safety of BIZAY and our Users, or third parties;
- Protect BIZAY operations;
- Allow BIZAY to trigger the available remedies or limit the damage it may incur;
Within BIZAY, employees who need their data to comply with contractual/pre-contractual and legal obligations have access to your data.
BIZAY may also process data outside Portugal and the European Economic Area (EEA), where data protection laws may offer less protection than in Portugal and the EEA. However, you will use the security mechanisms described below.
Every time you open an account on the BIZAY website, you are asked to choose a password to ensure the protection of your data as well as to enter an email address.
The User is responsible for preserving the confidentiality of his/her password and User account, and is also responsible for all acts performed through the use of his/her password or User account. The User may change his/her password as many times as he/she wishes by following the instructions presented for that purpose in his/her personal area.
The User undertakes to:
- Immediately notify BIZAY of any unauthorized use of the User account, or any other breach of security;
- Ensure the exit of your User account at the end of each session.
BIZAY shall not be liable for any loss or damage arising from the User's failure to comply with this clause.
When you order or access your account information, we use commercially appropriate and generally accepted technical and organisational security measures to protect all the information we collect about you.
In addition and as mentioned above, the data in the User's BIZAY account is protected by a password in order to ensure the privacy and security of the User. The User must always take measures to protect the confidentiality of the password he chooses in order to prevent unauthorised access to his password and to his computer.
The User may choose not to provide BIZAY with certain information, but this may result in the impossibility of using certain features of our website, as such information may be necessary for the User:
- Register as a member;
- Participate in a contest, promotion, survey or raffle;
- Ask a question;
- Or start other transactions on our website.
In addition, BIZAY prevents unauthorized access or disclosure by using a variety of security measures, including encryption and authentication tools, to help protect and maintain the security, integrity and availability of your personal data. We highlight the following measures:
- Physical security measures:
- Facility Security: Entry to facilities (including subcontractors) is restricted to workers, and, in exceptional cases, to individuals who are duly authorised by BIZAY.
- Video surveillance cameras, to ensure the physical safety of workers and documents;
- There is a data protection policy, enshrined in the BIZAY Code of Conduct, which applies to all its employees.
- Logical safety measures:
- The access to computer systems is protected by login and password, with different security levels and that has to be periodically changed;
- BIZAY's entire computer network is protected by antivirus, firewalls and monitoring of installed software;
- Use of SSL in the domain;
- Use of encryption technology in the collection or transfer of confidential data.
BIZAY, in compliance with the provisions of the RGPD, guarantees personal data subjects the following rights:
- Right of Access: right to obtain information about which of your personal data are processed, what are the purposes of the processing, what are the storage periods, among others.
- Right of Rectification: right to request the rectification of your personal data that are inaccurate or to request the completion of incomplete personal data, such as address, NIF, email, telephone contacts, or others.
- Right to Forget: the right to obtain the forgetfulness of your personal data, as long as there are no valid grounds for retaining it, such as cases where BIZAY is obliged to retain the data in order to comply with a legal obligation or because legal proceedings are in progress.
- Right to Portability: right to receive the data you have provided us with in digital format of current use and automatic reading.
- Right to Limitation: right to request the limitation of the processing of your personal data in the form of: (i) suspension of processing or (ii) limitation of the scope of processing to certain categories of data or purposes of processing.
- Right to withdraw consent or right of opposition: right to object or withdraw consent at any time to processing of data based solely on such consent, e.g. in the case of data processing for marketing purposes, provided that there are no legitimate interests which prevail over their interests, rights and freedoms, e.g. defence of a right in legal proceedings.
- Right to complain: right to lodge a complaint with the national supervisory authority, the CNPD.
After we receive documents proving the identity of the User, we will provide you with the data, and the User may request the deletion, rectification or alteration of all or any data.