Privacy policy
The present Privacy Policy has been developed to support Mercearia da Aldeia, Lda., a company with tax identification number 510742823, headquartered at Rua Sebastião Alves Dias, Lot 33, 2860-101 Alhos Vedros - hereinafter referred to as Flor do Caia, owner of the website www.flordocaia.com, in adapting its activities to the General Data Protection Regulation, approved by Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 ("GDPR").
This policy is complemented by others on security, which are relevant to the company's business, jointly describing Flor do Caia's approach to information security and privacy.
This policy applies to all Professionals and Partners of Flor do Caia and, when identified, to third parties accessing the company's assets.
The terms 'Privacy', 'Data Privacy', and 'Data Protection' can be used interchangeably as they are associated with a complex set of legal requirements that apply to Personal Data, which goes beyond data security and confidentiality. For example, it includes requirements on the transparency of data usage and its retention.
Compliance with this policy is mandatory, and therefore, all Professionals and Partners have the individual responsibility to ensure their compliance with it and, if necessary, should seek clarifications from the leaders of their respective teams.
It is the responsibility of Flor do Caia to define appropriate mechanisms to achieve compliance with this policy, with operational implementation being the responsibility of the teams, supported by the Privacy Officer.
Compliance with this policy may be monitored through inspections, audits, and/or requests for written confirmation of compliance, with all areas being responsible for regularly assessing their compliance with it within their area of responsibility.
In compliance, any employee who has violated this policy is subject to disciplinary action.
This policy is based on the principles established in the GDPR. However, there are national differences in the applicability of data protection and privacy of Flor do Caia when processing personal data outside the EU, when receiving personal data from outside the EU, or when processing personal data of non-EU citizens.
In case of doubt, contact Flor do Caia through the provided contacts.
Data Protection Principles
Within our activity, we process Personal Data: whether we receive personal data during our business opportunities, our commitments with clients, marketing activities, or a range of other related and supporting activities. Data can be received directly from a Data Subject (for example, in person, via mail, email, telephone, or other sources), notably from our clients, partners, subcontractors, joint controllers, support service providers, and credit reference agencies.
All professionals and partners should only request personal data from a Data Subject that are relevant and necessary to fulfill a specific business purpose and task.
Flor do Caia is committed to complying with the principles of personal data protection defined by the GDPR, namely:
Lawfulness, fairness, and transparency: means we must have a legitimate reason for processing Personal Data, for example, consent of the Data Subject, compliance with a legal obligation to which we are subject. It also means we must inform the Data Subject clearly about the processing; Purpose limitation: we must only request Personal Data for specific, explicit, and legitimate purposes and not process them for purposes other than those for which they were requested; Data minimization: the Personal Data subject to processing must be adequate, relevant, and limited to what is necessary; Accuracy: we have an obligation to ensure that Personal Data are accurate and update them whenever necessary; Storage limitation: we must not retain Personal Data for longer than necessary for the purposes for which they are processed, although we may retain some for historical and statistical purposes; Integrity and confidentiality: we must have appropriate security controls in place to protect data against unauthorized and unlawful processing, loss, destruction, or damage, including technical and organizational measures such as defined processes, training, and awareness; Legal transfer outside the European Economic Area: we only transfer Personal Data outside the EEA if appropriate safeguards are in place, such as a contractual basis; Data Subject rights: Data Subjects have various rights that we must respect (for example, the right to access a copy of the data we hold and the right to withdraw consent given for direct marketing purposes).
Lawfulness and fairness in processing
Whenever Personal Data is collected, it is necessary to have a legal basis for the processing. According to the GDPR, we must identify at least one of the following reasons for processing Personal Data:
Consent: The Data Subject has given consent for the processing of their data for one or more specific purposes; Contractual: Processing is necessary for the performance of a contract to which the Data Subject is a party or for pre-contractual measures; Legal: Processing is necessary to comply with a legal obligation to which the Controller is subject; Vital interests: Processing is necessary to protect the vital interests of the Data Subject; Public interest: Processing is necessary for the performance of a task carried out in the public interest; Legitimate interests: Processing is necessary for the legitimate interests pursued by the Controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the Data Subject.
When acting as a Controller, we must ensure that we have a lawful basis for collecting and processing Personal Data.
In some situations, we may act as a Processor on behalf of our client, in which case it is their responsibility to ensure they have a valid reason for processing the Personal Data, which they should share with us. However, we must take steps to ensure that our contract is clear about our responsibilities in this regard and that if we collect Personal Data directly from Data Subjects on behalf of the client, we have the bases to do so legitimately.
When a Special Category of Data is processed, there is an additional set of conditions that must be met. Please contact Flor do Caia for further guidance.
The GDPR requires that Data Subjects be provided with information about the processing to ensure fair and transparent processing. Whenever we collect Personal Data, we must ensure that we explain appropriately why we need the information and how we will process it. When information is collected through our website, this information is provided through a 'Privacy Notice'.
Any other information to be provided when collecting personal data must also be provided online. Refer to our Privacy Policy and Cookie Policy for more information.
Processing only for specific purposes
Whenever we collect and process Personal Data, we must ensure that we only use it for the specific purposes that have been communicated to the respective Data Subject.
Flor do Caia must never process Personal Data for additional purposes that have not been communicated to the Data Subject. Only then will we be clear about the purpose of processing, and we must understand the purposes for which our clients may have collected the Personal Data or contact the Privacy Officer.
Adequate, relevant, and limited processing
When we collect and process Personal Data, we must follow the principle of data minimization. This means that we should only collect the minimum Personal Data necessary to perform a specific task.
Additionally, we must ensure that we have an adequate amount of personal data to carry out a specific task properly. For example, collecting only the necessary data to identify a person.
This also applies to any sharing and other processing activities. It is important to minimize the data held and processed; we must ensure that if we share data internally or externally or use them in activities such as testing, we only use/share the minimum amount in each case.
Accuracy of personal data
We have an obligation to ensure that Personal Data are kept accurate and up to date. We must ensure that adequate processes are in place to maintain data accuracy whenever necessary (e.g., for current and potential professionals or clients held by relevant areas).
When acting as a Controller regarding a client, we are not required to implement mechanisms to keep this data updated; it will be the responsibility of the Controller, i.e., our client.
Retention of Personal Data
Personal Data should not be retained for longer than necessary. This means that we must set and apply maximum retention periods for the Personal Data we process and implement processes to delete them at the end of their term. Therefore, the following retention periods may be applied:
(i) for as long as necessary for relevant activities or services; (ii) any retention period required by law; (iii) the end of the period during which disputes or investigations may arise regarding the services; or (iv) the minimum period specified in the contract.
Data Subject Rights
The GDPR requires us to inform individuals about the Personal Data we collect, the purposes and means for which they are processed. Such information is provided in the form of a 'Privacy Notice'.
a) Right of access
The Data Subject has the right to request to see the Personal Data we hold about them, the purpose of processing, and the categories of data in question. We must notify the Data Subject of the recipients with whom we will share their data, especially if the recipient is in another country or belongs to an international organization. Where possible, we will define the data retention period to meet business objectives. We must inform the Data Subject of the right to object to processing and their right to rectification and erasure. We must inform the Data Subject of their right to lodge a complaint with a supervisory authority. When data is collected from someone other than the Data Subject themselves, we must inform the individual of the source of that data. We must ensure that we have processes in place to identify and respond to Data Subject access requests without undue delay, and within a maximum period of one month.
b) Right to rectification
Data Subjects have the right to rectify inaccurate data, and Flor do Caia must make every effort to do so immediately.
c) Right to erasure
The Data Subject has the right to obtain from the Controller the erasure of their data ('right to be forgotten'). It is Flor do Caia's responsibility to delete the data held as soon as possible, except when there is a legal requirement for its retention. If you receive a request from a Data Subject, contact the Privacy Officer before deleting any data.
d) Rights of children
All individuals, including children, are protected by the GDPR. For children under 13 years of age, we must not process their Personal Data based on their consent unless authorized by their legal guardians.
e) Marketing
Sometimes we may send marketing material to our clients and partners to inform them of services, future events, or other activities of interest, in which case we must indicate the right to withdraw consent at any time if they wish not to be contacted in this way again. We must also ensure that we have processes in place to ensure that all participation preferences are recorded and respected.
Security of Retained Data
Flor do Caia will maintain data security by protecting the Confidentiality, Integrity, and Availability of Personal Data, whereby:
Confidentiality means that only authorized persons can access the data; Integrity means that Personal Data must be accurate and adequate for the purposes inherent to processing; Availability means that authorized users must be able to access the data if they need it for authorized purposes.
Data Disclosure
All professionals and partners must avoid any inappropriate disclosure of Personal Data and comply with our general duties regarding Confidentiality.
It is permitted to:
a) Disclose Personal Data to third parties only under instruction or when we have a legitimate basis for doing so, and there are no restrictions in place. b) Disclose Personal Data to third parties in the event of selling or buying any business or assets, or when we are joint controllers, as part of a joint venture. c) Share Personal Data with a third party who is processing data on our behalf, which may include transferring data to a third country.
Personal Data may generally be disclosed:
a) To Professionals or agents so they can perform their functions as such. b) In cases where non-disclosure may prejudice the prevention or detection of crimes, the establishment of charges against offenders, or the assessment or collection of any tax or duty. Flor do Caia must have adequate grounds for disclosing the data under this category to avoid criminal proceedings. All disclosures must be justified and documented.
For legal purposes, data may be disclosed if:
a) Required by law, statute, or court order. b) For the purpose of obtaining legal advice; c) In connection with or for the purposes of judicial proceedings or when necessary for the defense of a legal right. d) For the safeguarding of national security.
International Transfer of Personal Data
Flor do Caia may transfer any Personal Data to a third country or international organization. The Personal Data we hold may also be processed by employees operating in a third country or by one of our suppliers.
We must ensure that at least one of the following conditions applies:
a) The country to which Personal Data is transferred ensures an adequate level of protection for the rights and freedoms of Data Subjects, by decision of the EU Commission. b) Appropriate safeguards are provided (e.g., standard data protection clauses). c) The Data Subject has given explicit consent to the transfer after being informed of the possible risks. d) The transfer is necessary for one of the reasons set out in the GDPR, including the performance of a contract between Flor do Caia and the Data Subject, or protection of the vital interests of the Data Subject. e) The transfer is legally required for important reasons of public interest or for the initiation of legal proceedings or defense within them.
Log information, cookies, and web beacons
Flor do Caia's website uses cookies to distinguish its users. Flor do Caia collects standard internet log information, including the user's IP address, browser type and language, access times, and addresses of referring websites.
To ensure that our website is well managed and to facilitate navigation, Flor do Caia or its service providers may also use cookies (small text files stored in the user's browser) or web beacons (electronic images that allow our site to count visitors who access a site and certain cookies) to collect aggregated data.
Professional Information
Collection and Retention
Flor do Caia, as an employer, collects, processes, and retains personal data of workers, contractors, consultants, and applicants. The Human Resources Department and other departments that process Professional Personal Data must verify and document the legal basis for the processing they carry out. Professional Personal Data should only be processed when there is a valid and legitimate purpose for doing so.
The collection of personal data related to our employees occurs through various channels and formats, such as: registration forms; electronic web forms (e.g., during the recruitment process); data records; CCTV images; Team photographs, including identification cards; data from other sources (e.g., previous employers); credit checks and security checks; etc.
The creation and storage of personal data related to our professionals occur through various channels and formats, such as: payment receipts; evaluation records; Employment contracts; emails; sickness records; etc.
Training and Awareness
We are committed to providing adequate training on personal data protection to all professionals. If necessary, we will provide personalized training and awareness for individuals considering their roles.
Process Design and Change
For all proposed new systems and business procedures involving Personal Data, consideration should be given as to whether a privacy and information security impact assessment is necessary to identify risks and controls.
