In the course of its activities, KMD collects and processes personal data of users, including persons who purchase products marketed by KMD or potential buyers.
2. IDENTITY OF THE DATA CONTROLLER
The company KMD MOBILIER, UNIPESSOAL LDA., Whose registered office is located at Avenida 24 de Julho n ° 49, in Lisbon, with capital of € 30,000 (thirty thousand euros), and registration number 515 044 792, is considered as the “controller”, that is to say the person who determines the purposes and means of processing users’ personal data.
3. CATEGORIES OF PERSONAL DATA
KMD may process personal information in the following categories:
• Identification data: full name, date of birth, taxpayer number for Portugal
• Contact data: postal address, e-mail address, telephone, and other information enabling the delivery ;
• Bank account identification data, such as IBAN or payment card.
4. ORIGIN OF PERSONAL DATA
The personal data processed by KMD are mainly provided by users when registering on the woocommerce-577148-1964515.cloudwaysapps.com site and while users maintain a commercial relationship with KMD.
Personal data may be collected at different times and by various means of communication, including telephone, e-mails, face-to-face meetings and forms on the website.
5. PURPOSES OF THE PROCESSING OF PERSONAL DATA
Personal data is processed for various reasons, justified by the applicable data protection laws in the European Union and in Portugal.
KMD processes the personal data of users of its woocommerce-577148-1964515.cloudwaysapps.com site for the following purposes and on the following legal bases:
|Data categories||Fins||Legal foundations|
|Compliance with contracts concluded between KMD and users, namely the “Purchase and Sale Agreement”, under which KMD sends and contacts users in accordance with the information provided by them.||Execution of a contract to which the user is party, or for pre-contractual measures at the request of the user. Compliance with legal obligations to which KMD is subject|
|Contact details||Execution of a contract to which the user is party, or for pre-contractual measures at the request of the user. Compliance with legal obligations to which KMD is subject|
|Marketing, communication and events||Explicit and unambiguous consent of the data subject|
|Bank account identification data||Return processing at the request of users||Execution of a contract to which the user is a party|
Users’ personal data is kept for the duration of the contractual relationship established with KMD and for up to 10 (ten) years from the end of this relationship. In some cases, the shelf life may be longer, in which case it must be legally justified and maintained. This period has been defined taking into account the laws applicable to personal data and civil and commercial contracts, and in the event that KMD needs to present evidence in the context of any dispute or potential dispute between itself and the users.
KMD may process users’ personal data to send them information about the products they market for direct marketing or commercial communication purposes.
This data processing will only be carried out with the consent of the data owner, provided at the time of collection of the personal data. If the user gives his consent, he will be able to receive marketing communications by email, mail and SMS.
The consent to the processing of personal data for the purposes of direct marketing and commercial communication can be revoked at any time, even if such a right to withdraw consent does not compromise the lawfulness of the processing carried out on the basis of the prior consent given or of the further processing.
7. DECISIONS AUTOMATIQUES (“PROFILING”)
KMD does not use profiling technologies to make decisions solely on the basis of automated processing of user data.
KMD may share the personal data of its users with service providers, such as:
• Companies specializing in the provision of website hosting services and backup systems, as well as other support and support services. IT development;
• Companies providing digitization and documentation services;
• Companies specializing in the provision of digital programming and marketing services, in cases where the user has given his consent;
• Companies that provide communication, dissemination and marketing services in cases where the user has given his consent;
• Transport companies who deliver the goods purchased via the online platform;
• Lawyers, financial auditors and other consultants providing advisory services to KMD
In the case of transmission of personal data to service providers, the subcontracting entity is bound by a contract obliging it to process personal data in accordance with to legislation.
Users’ personal data may also be shared with third parties
(i) By virtue of an obligation or judicial notice to this effect, provided that they are duly motivated and legally justified;
(ii) In the event of a request from a public authority, provided that it is duly motivated and legally justified;
(iii) Following the express request of users for the data they hold, in particular their rights, in terms of portability;
(iv) By the requirements of existing legislation.
9. TRANSFER OF PERSONAL DATA TO ANOTHER COUNTRY
KMD Mobilier may transfer the personal data of data holders to entities based outside Portugal, within the European Union.
10. RIGHTS OF PERSONAL DATA HOLDERS
As an expression of its commitment to guarantee the confidentiality of users, KMD will guarantee, in accordance with applicable national and Community law, a wide range of rights that can be exercised in the following terms:
• Right of access
Users can contact KMD at any time and request confirmation of the processing of their personal data and, where applicable, be informed of:
(i) The categories of personal data in question;
(ii) the purposes of data processing;
(iii) The respective retention period or the criteria used to set it;
(iv) Their rights and how to exercise them;
(v) The origin of the data concerning him;
(vi) The existence of automated decisions, including the definition of profiles. KMD can only provide the information of the data owners and not personal data about other people. In addition, if the access may adversely affect the rights of another person, we may not be able to provide them. If the data subject so requests, KMD will send a copy of their personal data during the processing phase, in electronic format. If other copies are requested, KMD reserves the right to demand payment of a royalty equivalent to the administrative costs incurred to satisfy the request.
• Right of deletion
Also known as the “right to be forgotten”, it allows the user to request the deletion of his personal data when there is no compelling reason for KMD to continue to use it. The right of deletion is not absolute, as KMD may have the right or the obligation to withhold information, for example if it is subject to a legal obligation or if it has another valid reason for withholding it.
• Right of rectification
When they notice that the personal data processed are obsolete, incomplete or incorrect, the users concerned may request that they be rectified as soon as possible.
• Right of transfer
Users also have the right to:
(i) Receive from KMD personal data concerning you, in a current format of use;
(ii) Transmit this data to third parties under its sole responsibility; and / or
(iii) Ask KMD to transmit this data to third parties. The right to portability only covers data for which the holder has given his consent to be processed, data relating to a contract to which the holder is a party or if the processing is carried out automatically. KMD reserves the right to refuse transferability requests when they infringe the rights and freedoms of third parties or a legal obligation.
• Right to restriction of processing
In certain situations, the user has the right to “block” or remove the use of information concerning the owners of the data. When processing is restricted, KMD may still retain the information of the data subjects, but may not continue to use it.
The user can request the limitation of the processing of his data for an indefinite period, when he wishes to suspend the processing, but keep his data. This may occur when:
(i) The data holder disputes the accuracy of the data, the processing being limited for a period allowing KMD to verify the accuracy of the data,
(ii) The user awaits the response to a request opposition to processing.
When processing is restricted, personal data will only be processed again if the data subject gives their consent, with the exception of specific processing provided for by law. KMD guarantees that the holder of the data requesting the limitation of his data will be informed before the cancellation of the limitation of said processing. KMD reserves the right to limit the processing of holder data when it is not needed, by committing to keep the data for the pre-established retention period. KMD guarantees that the data holder who requested the limitation of his data is informed before its cancellation.
to object KMD ensures that the user can object to certain processing of his personal data for certain purposes, without prejudice to the directives or legislation in force.
The user can object to processing in the following cases:
(i) for reasons related to your particular situation, at any time, to oppose the processing of any personal data concerning him, on the basis of legitimate interests. KMD may however continue to process the data of the data subject if it can demonstrate compelling legitimate reasons for processing personal data which overlap with its interests, rights and freedoms, or if personal data is necessary to establish, exercise or defend themselves in legal proceedings;
(ii) You can at any time object to the use of your personal data for direct marketing purposes via email@example.com
• Right to complain
Finally, if you consider that KMD does not respect its obligations with regard to your personal data, you can file a complaint with the National Commission for Data Protection (https://www.cnpd.pt). The French can also contact the responsible authority in France who will forward the complaint to the Portuguese authority.
11. CONTACT US
The rights provided for and described in this Policy, as well as other rights legally established in the applicable legislation in force, may be freely exercised by contacting the following address and email:
Second Home Lisboa
Avenida 24 de Julho, n.º 49