PRIVACY POLICY
Protection of our customers' privacy and personal data
I. OBJECTIVES AND COMMITMENT
This Privacy Policy aims to:
Describe how each of the entities that make up the ANA MASCARENHAS - Fotografia website processes the personal data of individuals who interact with the ANA MASCARENHAS - Fotografia website (whether customers, partners or service users);
Inform the rights that holders of personal data enjoy in this matter, in accordance with the provisions of Regulation (EU) 2016/679, of the European Parliament and of the Council, of April 27, 2016, on the protection of natural persons in relation to concerns the processing of personal data and the free movement of such data (“General Data Protection Regulation” or “GDPR”).
The ANA MASCARENHAS - Fotografia website is strongly committed to protecting the privacy of the personal data of Customers and Users. The ANA MASCARENHAS - Fotografia website is committed to safeguarding, at all times, the rights of holders of personal data provided for in applicable legislation.
II. ESSENTIAL CONCEPTS: PERSONAL DATA, DATA SUBJECTS, DATA PROCESSING AND RESPONSIBLE FOR PROCESSING
Personal Data - Personal data is any information relating to an identified or identifiable natural person. A natural person who can be identified, directly or indirectly, in particular by reference to an identifier, for example, a name, an identification number, location data, electronic identifiers or to one or more specific elements of physical identity, is considered identifiable. , physiological, genetic, mental, economic, cultural or social nature of that natural person.
Personal Data Holders - Data holders are the natural persons to whom the personal data relate. The holders of personal data are, in this case, the Customers and Users of the services on the ANA MASCARENHAS - Fotografia website.
Processing of Personal Data - The processing of personal data consists of an operation or set of operations carried out on personal data or on sets of personal data, by automated or non-automated means, especially collection, recording, organization, structuring, conservation, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, broadcast or any other form of availability, comparison or interconnection, limitation, elimination or destruction.
Data Controller - The controller is the natural or legal person who determines the purposes and means of processing personal data. The person responsible for processing the personal data of Customers and Users is represented by Ana Mascarenhas for the website ANA MASCARENHAS – Fotografia which provides the service and which specifically decides which personal data will be collected, the purposes and means of processing and the period of retention of personal data.
III. PRINCIPLES TO BE OBSERVED IN THE PROCESSING OF PERSONAL DATA
When processing personal data from Customers and Users, the ANA MASCARENHAS - Fotografia website permanently observes and respects the following fundamental principles:
Lawfulness of Processing: personal data will only be processed if and to the extent that at least one of the following situations occurs:
the data subject has given their consent to the processing of their personal data for one or more specific purposes,
processing is necessary for the performance of a contract to which the data subject is party, or for pre-contractual due diligence at his or her request,
the processing is necessary to comply with a legal obligation to which the ANA MASCARENHAS - Fotografia website is subject or the processing is necessary to defend the vital interests of the data subject or another natural person,
the processing is necessary for the exercise of functions of public interest or the exercise of public authority with which the ANA MASCARENHAS website is vested - Fotografia or
the processing is necessary for the purposes of the legitimate interests pursued by the ANA MASCARENHAS - Fotografia website.
Transparency: information on the processing of personal data will be provided to their respective holders, which will be transmitted in a concise, easily accessible and understandable manner, using clear and simple language;
Purpose: personal data will be processed for specified, explicit and legitimate purposes and will not be further processed in a way that is incompatible with those purposes;
Minimization: personal data will be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
Accuracy: personal data must be accurate and updated whenever necessary, adopting appropriate measures on the ANA MASCARENHAS - Fotografia website so that inaccurate data, taking into account the purposes for which they are processed, are erased or rectified without delay;
Integrity and Confidentiality: personal data will be treated in a way that guarantees its security, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, adopting the ANA MASCARENHAS - Fotografia website and technical measures or appropriate organizational arrangements;
Retention Limitation: personal data will be kept in a way that allows the identification of data subjects only for the period necessary for the purposes for which they are processed;
Data Protection from Design and by Default: The ANA MASCARENHAS - Fotografia website will apply, both when defining the means of processing, and during the processing of personal data itself, appropriate technical and organizational measures designed to effectively apply the principles of personal data protection.
IV. PERSONAL DATA PROCESSED BY THE ANA MASCARENHAS WEBSITE - PHOTOGRAPHY AND THE WAY IN WHICH THEY ARE COLLECTED
The ANA MASCARENHAS - FOTOGRAFIA website may process the following categories of personal data from Customers and Users:
Personal data categories - Examples:
Identification and Contact Data: Name, address, CPF, payment details, data contained in social networks (name, profile photo, email, date of birth and location), email address and telephone contact, date of birth, gender.
Service: Data relating to products purchased through the ANA MASCARENHAS - Photography website, for example subscribed publications.
Interests: Interest in the products on the ANA MASCARENHAS website - Photography, decoration style, type of house or institution, among other interests.
Usage profile: Data that results from the technical information made available by the device used by the Customer or User whenever they access a product on the ANA MASCARENHAS - Photography website, specifically, IP address, browser, websites viewed, operating system and Internet search engine used and screen resolution.
The personal data of Customers and Users will be collected when they register, join or use a product on the ANA MASCARENHAS - Fotografia website (for example, when they make an acquisition, subscribe to a publication or newsletters, when they register by creating a customer, when they participate in promotions or when they install an application). The collection of personal data can be carried out through a written document, through the ANA MASCARENHAS - Fotografia website, by telephone or in person. The ANA MASCARENHAS - Fotografia website may collect personal data from sources accessible to the public or other sources, namely through third parties (in this case, the ANA MASCARENHAS - Fotografia website cannot undertake that third party websites are complying with all legal regulations applicable to them and to impose on transmitting third parties compliance with the legal obligations that apply to them, namely the obligation to obtain consent for the transmission of personal data).
V. PURPOSES FOR WHICH THE ANA MASCARENHAS SITE - FOTOGRAFIA PROCESSES YOUR DATA
The ANA MASCARENHAS - Fotografia website processes the personal data of its Customers and Users for the following purposes:
Provision of services, including acquisition of products (subscriptions and subscriptions), content management, billing, contacts, information or requests and recording of calls to prove commercial transactions and any other communications concerning the contractual relationship.
Marketing, including selling or marketing products, analyzing profiles and preferences for the use of services, improving and developing services and user experience, offering content, managing content made available by advertisers;
Administrative, accounting and tax management, including billing, accounting and collection;
Extrajudicial and judicial collection and payments;
Complaints management;
Compliance with legal obligations, including tax obligations and response to requests from judicial authorities or other public authorities, under legal terms;
Security control, which may include physical and logical access control and video monitoring.
VI. LEGAL BASIS OF THE PROCESSING OF PERSONAL DATA
The ANA MASCARENHAS - Fotografia website will only process personal data provided that one of the following grounds is verified:
Consent: cases in which the Customer or User has provided their free, specific, informed, explicit and unambiguous consent, whether verbally, in writing, in person or by filling out and validating a form or selection option. In the event that personal data of minors is processed and it is necessary to obtain consent, the ANA MASCARENHAS - Fotografia website will obtain the consent of the holders of parental responsibilities.
Execution of a contract or for pre-contractual measures: cases in which the processing of personal data is necessary for subscribing to or subscribing to a service on the ANA MASCARENHAS - Fotografia website or for its respective provision or execution, for example for billing management information or order contacts.
Compliance with legal obligations: cases in which the processing of personal data is necessary so that the ANA MASCARENHAS - Fotografia website can comply with a legal obligation to which it is linked, for example, compliance with obligations in tax matters and responding to requests from judicial authorities
Legitimate Interest: cases in which the processing of personal data is necessary so that the ANA MASCARENHAS - Fotografia website can exercise its own or a third party's legitimate interest, for example, improvement and development of services.
VII. RIGHTS OF THE DATA SUBJECT
As the holder of personal data, you enjoy the following rights:
Right of access and information: you have the right to obtain confirmation as to whether your personal data is processed by the ANA MASCARENHAS - Fotografia website, as well as the right to access this data and obtain information about the processing thereof, including the purposes of the processing , the recipients or categories of recipients of the data and the respective retention periods. You also have the right to obtain a copy of the personal data subject to processing.
Right to rectification: you have the right to request the rectification of personal data that is not accurate, as well as the right to request that data that is not complete be duly completed.
Right to request deletion of data (“right to be forgotten”): in certain situations, you have the right to request the deletion of personal data. The right to deletion may be limited in the cases provided for in the GDPR, among which, in cases where the ANA MASCARENHAS - Fotografia website is not obliged, by legal imposition, to process your data, or in cases where the processing is necessary for the purposes of declaring, exercising or defending a right in legal proceedings.
Right to request that the processing of your personal data be limited: in certain situations you have the right to request that the processing of your personal data be limited. This will occur, for example, in cases in which you contest the accuracy of your personal data, for a period that allows the ANA MASCARENHAS - Fotografia website to verify its accuracy, or in cases in which you have objected to the processing of your data, until check whether the interests of the ANA MASCARENHAS - Fotografia website prevail over yours. Limitation of processing may constitute a complete suspension of processing or limitation of processing to certain categories of data or processing purposes.
Right to portability of personal data: in cases where:
the processing is based on your consent or on the execution of a contract you have entered into with the ANA MASCARENHAS - Fotografia e
processing is carried out by automated means, you have the right to receive the personal data that concerns you and that you have provided to the ANA MASCARENHAS - Fotografia website, in a structured, commonly used and machine-readable format, as well as the right to transmit them to another person responsible for the treatment.
In these cases, you also have the right to request that the ANA MASCARENHAS - Fotografia website transmit this data to another controller, as long as this is technically possible.
Right to withdraw your consent: You have the right to withdraw the consent you have provided to the processing of your data at any time. If you withdraw your consent, your personal data will no longer be processed, unless there is a legal basis that requires such processing.
Right to object to the processing of your personal data: in certain situations, namely when the processing is based on the legitimate interests of the ANA MASCARENHAS - Fotografia website, you have the right to object to this processing, for reasons related to your particular situation. When you object to the processing of your data, the ANA MASCARENHAS - Fotografia website will cease this processing, unless there are compelling and legitimate reasons for this processing that prevail over your interests, rights and freedoms, or the personal data is necessary for the purposes declaration, exercise or defense of rights in legal proceedings. When personal data is processed for direct marketing purposes, which includes profiling in connection with such marketing, you can object to this processing at any time.
Right not to be subject to any automated individual decision: you have the right not to be subject to any automated individual decision, that is, those taken exclusively on the basis of automated processing, including the definition of profiles, that produce effects in your legal sphere or that significantly affect you in a similar way. Automated individual decisions may be adopted if such decisions
are necessary for the conclusion or performance of a contract between the data subject,
are authorized by legislation to which the ANA MASCARENHAS - Fotografia website is subject or
are based on your explicit consent. The ANA MASCARENHAS - FOTOGRAFIA website does not adopt automated individual decisions, that is, with similar legal effects or significant impacts. In cases where it adopts automated individual decisions, the ANA MASCARENHAS - Fotografia website applies appropriate measures to protect its rights, freedoms and legitimate interests, enjoying, at a minimum, the right to obtain human intervention on the part of the ANA MASCARENHAS - Fotografia website, to express their point of view and to contest the decision.
Right to submit a complaint: right to submit a complaint to the ANA MASCARENHAS - Fotografia website or to the National Data Protection Commission, which is the competent control authority in Portugal.
VIII. EXERCISE OF RIGHTS BY THE HOLDER
The exercise of rights by data subjects is free of charge, except if the requests presented by a data subject are manifestly unfounded or excessive, particularly due to their repetitive nature, in which case the ANA MASCARENHAS - Fotografia website may require payment of a reasonable fee having into account the administrative costs of providing the information or communication, or taking the requested action, or refusing to comply with the request. You can exercise your rights via the email address: email: Fotografia@anamascarenhas.com.
IX. PERSONAL DATA STORAGE PERIOD
The ANA MASCARENHAS - Fotografia website will only process and maintain the personal data of the Client or User, for the period strictly necessary to achieve the purposes indicated in this Privacy Policy or until the Client or User validly exercises the right to delete the data (“right to be forgotten”), the right to withdraw your consent or the right to object to the processing of your personal data. Personal data will be processed and maintained:
during the term of the contractual relationship between the ANA MASCARENHAS - Fotografia website and the Clients,
for the period of time resulting from consent provided by the data subject or
for the period of time necessary to safeguard a legitimate interest of the ANA MASCARENHAS - Fotografia website or a third party.
After the expiration of the retention period, and as long as the ANA MASCARENHAS - Fotografia website is not obliged, by judicial or administrative legal imposition, to carry out its conservation, the ANA MASCARENHAS - Fotografia website will delete personal data in a secure manner or proceed with the its anonymization, if possible.
X. RECIPIENTS OF PERSONAL DATA
The ANA MASCARENHAS - Fotografia website does not transmit the personal data of Customers and Users to third parties, except in cases where this is necessary to provide the services that have been contracted, to comply with legal obligations to which the ANA MASCARENHAS - Fotografia website is subject , or when you have given your consent for this purpose. The transmission of data to third parties is carried out in accordance with applicable data protection legislation and within the limits of the purposes and legal bases defined in this Privacy Policy. The ANA MASCARENHAS - Fotografia website may share personal data with the following entities:
Service providers who provide services to the ANA MASCARENHAS - Fotografia website (for example, IT service providers);
Companies that are part of the ANA MASCARENHAS - Fotografia website or partner entities of the ANA MASCARENHAS - Fotografia website, in cases where you have given your consent for this purpose;
Public authorities, in compliance with legal obligations (such as, for example, the Tax Authority or judicial authorities).
Transport company selected in order to allow the operator to contact you to notify you of the delivery or decide the details of the delivery.
In cases where the transmission of personal data to the entities mentioned above involves an international transfer of personal data (i.e., outside the European Union), the ANA MASCARENHAS - Fotografia website:
It will ensure that such transfer is made on the basis of an adequacy decision by the Commission, in terms of which the country or international organization in question guarantees a level of protection of personal data equivalent to that resulting from European Union legislation; or,
If there is no adequacy decision by the Commission, it will ensure that these data transfers take place in strict compliance with legal provisions and that appropriate safeguards are implemented to guarantee the protection of personal data.
You can consult existing adequacy decisions at www.eur-lex.europa.eu.
XI. SITES OF THE ANA MASCARENHAS SITE - PHOTOGRAPHY AND COOKIES
The ANA MASCARENHAS - Fotografia website is not responsible for external or third-party websites, which can be accessed through the various websites on the ANA MASCARENHAS - Fotografia website, nor for any content published on them by any third parties. Therefore, the ANA MASCARENHAS - Fotografia website advises that Customers and Users, whenever they access external or third-party websites, check the respective terms and conditions of use and privacy policy. We use cookies to store information such as your browsing data when you visit our website. This could include a simple popup or a link to various services we provide, such as email campaigns or promotions. Cookies are important to us for statistical and targeting purposes. As a user, you can turn off your cookies in your browser options or by making changes to your Antivirus program tools. However, this may change how you interact with our website or other websites. The website uses the Google Analytics service, whose cookies and privacy policy can be found at:
https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage#gajs and
https://www.google.com/intl/en-US/policies/.
The online store may have links to other websites, which, in our understanding, may contain useful information and/or tools for the visitor.
XII. TECHNICAL AND ORGANIZATIONAL MEASURES
The ANA MASCARENHAS - Fotografia website has adopted and implemented a set of necessary, sufficient and appropriate technical measures and processes to ensure the protection of personal data against destruction, accidental loss, loss, alteration, dissemination or unauthorized access, accidental or unlawful, as well as the necessary, sufficient and appropriate measures to guarantee the accuracy, integrity and confidentiality of personal data and an appropriate level of technical and organizational security in relation to the risks inherent to the processing and nature of personal data.
XIII. CHANGES TO THE PRIVACY POLICY
The ANA MASCARENHAS - Fotografia website may, at any time, change this Privacy Policy, therefore, we advise you to read the respective Privacy Policy whenever you deem it necessary.