1.1. COLLECTION AND PROCESSING OF USER DATA
Within the framework of the provision of the website hosted at www.realvision.pt ("Site"), the conclusion of any contract, the provision of information, content, including newsletter, login areas, any phone numbers or by email (together, the "services") to its users ("user") and the other entities linked with him, RealVision, RUA BELA DE SÃO TIAGO, Nº 80, 9060 – 400 FUNCHAL, registered with the commercial registry of under the single registration number and collective person 513 339 043 (hereinafter referred to as "RealVision") can order the user to provide personal data, that is, information provided by the user to allow the RealVision to identify and/or contact you ("personal data").
As a rule, personal data are requested when the user registers on the Site, request a contact and/or newsletter, Subscribe to a particular service, provides or requests information, acquires a product or establishes a contractual relationship with the RealVision.
The personal data collected and processed consist essentially in information concerning the name, gender, date of birth, telephone, mobile phone, e-mail, address, tax identification number, credit card information (collected only for the purposes of billing), although there might be collected personal information which may be necessary or convenient for the provision or collection of Services from RealVision.
After collecting the personal data, the RealVision provides the user with detailed information about the nature of the data collected and about the purpose and the treatment that will be carried out in relation to personal data and the information mentioned in clause 8.
The RealVision also collects and handles information on the features of your device hardware and the browser/software features as well as information about the pages visited by the user within the Site. This information may include your browser type, domain name, access times and the links through which the user accessed the Site ("Usability"). We use this information only to improve the quality of your visit to our Site.
1.2. DATA COLLECTION CHANNELS
The RealVision can collect data directly (i.e., directly from the user) or indirectly (i.e., through partners or third parties). The collection can be made through the following channels:
Direct collection: in person, by phone, by e-mail and via the website;
Indirect collection: through partners.
2. GENERAL PRINCIPLES APPLICABLE TO THE PROCESSING OF USER DATA
In terms of general principles relating to the processing of personal data, the RealVision undertakes to ensure that the user data for other treaties are:
• Object of treatment according to the law, fair and transparent in relation to the user;
• Collected for certain purposes, legitimate, objective and not further processed in a way contrary to those purposes;
• Suitable, justified and limited to what is necessary in relation to the purposes for which they are processed;
• Accurate and updated whenever necessary, and provided all necessary measures to ensure that the data is inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
• Kept in a way that allows the identification of the user for no longer than is necessary for the purposes for which the data are processed;
• Treated in a way that ensures your security, including protection from your unauthorized or illegal treatment and against loss, destruction or damage your unforeseen, being adopted appropriate technical or organizational measures.
Data treatments carried out by RealVision and legal are allowed if there is at least one of the following situations:
• The user has given without any doubt your consent to the processing of user data for one or more specific purposes;
• The processing is necessary for the fulfilment of a contract to which the user is a part, or pre-contractual procedures at the request of the user;
• The processing is necessary for compliance with a legal obligation to which the RealVision is subject;
• The processing is necessary for the protection of fundamental interests of the user or another individual person;
• The processing is necessary for the purpose of legal interests pursued by the RealVision or by third parties (except if the interests prevail or fundamental rights and freedoms of the user requiring the protection of personal data).
The RealVision undertakes to ensure that the processing of user data is only done in the above listed conditions and with respect for the principles mentioned above.
When the processing of user data is carried out by RealVision on the basis of the user agreement, this one has the right to withdraw your consent at any time. The withdrawal of consent, however, does not compromise the legality of treatment effected by RealVision based on the previously given consent by the user.
The period of time during which data is stored and maintained varies according to the purpose for which the information is handled. Effectively, there are legal requirements that force to save the data for a minimum period of time. As well, and whenever there is a legal obligation, the data will be stored and kept only for the minimum period necessary for the purposes that motivated your collection or your subsequent treatment, in which your term they are eliminated.
3. USE AND PURPOSES OF THE PROCESSING OF USER DATA
In general terms, the RealVision uses the user data with the following purposes:
• Provision of web services and associated services (graphic design, hosting, domain registration, etc.);
• Management of contacts with the user;
• Billing and collection to the user;
• User registration on the Site;
• Inform the user, that you have requested, to new products and services available on the Site, offers and special campaigns, updated information on the activity of RealVision and, more generally, for the purposes of marketing, RealVision through any medium, including electronic media;
• Allow access to restricted areas of the Site, in accordance with previously established terms;
• Ensure that the website will meet the user's needs, through the development and publication of content as adapted as possible to requests and to the type of user, improving search capabilities and functionality of the Site and the associated information retrieval or statistics regarding the type of User profile (profiling);
• Provision of services, and other services, such as newsletters, surveys, or other information or products ordered or purchased by the user;
• The RealVision can combine usability Information with anonymous demographic information for research purposes, and can use the result of this combination to provide more relevant content on the Site. In certain restricted areas of the Site, the RealVision can combine personal data with usability Information to provide the user a more personalized content.
The user data collected by RealVision are not shared with third parties without consent, with the exception of the situations referred to in the following paragraph. However, in the case of the user contract with the RealVision services that are provided by other entities responsible for the processing of personal data, User data can be queried or accessed by these entities, to the extent that This is necessary for the provision of such services.
4. ORGANISATIONAL AND TECHNICAL MEASURES IMPLEMENTED SECURITY
To ensure the security of user data and the maximum confidentiality, the RealVision handles the information you provided so absolutely confidential, in accordance with its internal policies and procedures of security and confidentiality, the What are periodically updated according to the needs, as well as with the terms and conditions legally provided for.
Depending on the nature, the scope, the context and purposes of the processing of the data, as well as the risks arising from the treatment to the rights and freedoms of the user, the RealVision undertakes to apply, both at the time of definition of treatment at the time of the treatment itself, technical and organizational measures necessary and appropriate for the protection of user data and the fulfilment of the legal charges.
Committed to ensure that, by default, are treated the data necessary for each specific purpose of treatment and that these data are not available without human intervention to an undetermined number of people.
The communication between the device and the RealVision Site is done through secure channels and communications that use the HTTPS protocol and SSL security standard. Still, in terms of General measures, the RealVision adopts the following.
Awareness and training of the personnel involved in data processing operations.
Mechanisms to ensure the confidentiality, availability and resilience of information systems permanent.
Mechanisms to ensure the restoration of information systems and access to personal data quickly in case of a physical or technical incident.
5. TRANSFER OF DATA OUTSIDE THE EUROPEAN UNION
The personal information collected and used by RealVision are not made available to third parties established outside the European Union. If, in the future, this transfer happen for the reasons mentioned above, the RealVision undertakes to ensure that the transfer is in compliance with the applicable legal provisions, in particular as regards the determination of the appropriateness of such a country as regards data protection and the requirements relating to such transfers.
7. RIGHT TO INFORMATION
7.1. Information provided to the user by RealVision (when the data are collected directly by the user):
• The identity and RealVision contacts, the controller and, if applicable, your representative;
• The contacts of the person in charge of Data Protection;
• The purposes of the processing operation for which the personal data are intended, as well as, if applicable, the legal reasons for the treatment;
• If the treatment of the data is based on legitimate interests of RealVision or a third party, an indication of such interest;
• If applicable, the recipients or categories of recipients of the personal data;
• If applicable, indication that personal data will be transferred to a third country or an international organisation, and the existence or not of an adequacy decision adopted by the Commission or the reference to guarantees of proper transfer or proper;
• Period of retention of personal data;
• The right to request the RealVision permission to personal data, as well as your correction, elimination or limitation, the right to object to the processing and the right to accessibility of data;
• If the treatment of the data is based on the consent of the user, the right to remove at any time, without compromising the legality of treatment carried out on the basis of the previously given consent;
• The right to complain to the CNPD or another supervisory authority;
• Indication of whether the communication of personal data constitutes a legal or contractual obligation, or a necessary requirement to enter into a contract, as well as whether the holder is obliged to provide the personal data and the possible consequences of not providing these data;
• If applicable, the existence of automatic decisions, including the definition of profiles, and information on the basic concept, as well as the importance and the anticipated consequences such treatment for the data subject.
• In the case of the user data are not collected directly by the RealVision with the user, in addition to the information referred to above, the user is also informed of the categories of personal data treatment object, as well as about the source of the data and, where appropriate, if they are publicly available sources.
• If the RealVision wish to proceed with the further processing of user data for a purpose other than that for which the data were collected before that RealVision treatment will provide the user with information about this order and any other information of interest, in accordance with the procedure referred to above.
7.2. Procedures and measures implemented with a view to the fulfilment of the right to information.
The information referred to in 7.1. is provided in writing (including by electronic means) by the RealVision the user prior to the processing of personal data in question. In accordance with applicable law, the RealVision has no obligation to provide the user with the information referred to in 7.1 when and to the extent that the user is aware of the same.
Information provided by RealVision at no cost.
8. RIGHT OF ACCESS TO PERSONAL DATA
The RealVision ensures the means that allow the query, by the user, to your personal data.
The user has the right to obtain the RealVision the confirmation that personal data concerning him are object of treatment and, where appropriate, the right to access your personal information and the following information:
• The purposes of the processing of the data;
• The categories of the personal data in question;
• The recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular the recipients established in third countries or belonging to international organisations;
• The period of retention of personal data;
• Right to request the RealVision correction, elimination or limitation of the processing of personal data, or the right to prevent such processing;
• Right to complain to the CNPD or another supervisory authority;
• If the data have not been collected by the user, the information available on the origin of the data;
• The existence of automated decisions, including the definition of profiles, and information concerning the underlying logic, as well as the importance and the anticipated consequences such treatment for the data subject;
• The right to be informed about the appropriate guarantees associated with the transfer of data to third countries or international organisations.
Upon request, the RealVision will provide the user, free of charge, a copy of the user data that are undergoing treatment. The supply of other copies requested by the user may involve administrative costs.
9. RIGHT OF RECTIFICATION OF PERSONAL DATA
The user has the right to request, at any time, the rectification of your personal data, as well as the right to have your personal data incomplete followed, including by means of an additional statement.
In case of rectification of the data, the RealVision communicates to each recipient to whom the data have been transmitted to its rectification, unless such communication is held to be impossible or involves a disproportionate effort for the RealVision.
10. RIGHT TO ERASURE OF PERSONAL DATA ("RIGHT TO BE FORGOTTEN")
The user has the right to obtain, by the RealVision, the removal of your data when you apply one of the following reasons:
• User data are no longer needed for the purpose which motivated him to your collection or treatment;
• The user withdraw consent in that is based on the processing of the data and there is no other legal basis for such treatment;
• The user object to the treatment under the right to opposition and there are no legitimate interest justifying the prevailing treatment;
• If the user's Data are treated illegally;
• If the user data have to be deleted for compliance with a legal obligation to which the RealVision is subject;
• In legal terms apply, the RealVision has no obligation to delete User data to the extent that treatment is necessary for the fulfilment of a legal obligation to which the RealVision is subject or for the purposes of the Declaration, exercise or defense of a right of RealVision in a lawsuit.
In case of removal of data, the RealVision communicates to each recipient/entity to whom the data have been transmitted to the respective deletion, except where such communication proves impossible or involves a disproportionate effort for the RealVision.
When the RealVision has become public the user data and is obliged to delete them under the laws of this elimination, the RealVision undertakes to ensure the measures that are reasonable, including technical aspects, taking into account the available technology and the cost of your application, to inform those responsible for the effective treatment of personal data that the user requested deletion of them links to these personal data, as well as the copies or reproductions thereof.
11. RIGHT TO LIMIT THE PROCESSING OF PERSONAL DATA
The user has the right to obtain, by the RealVision, the limitation of the treatment of user data, if you apply one of the following situations (the limitation is to insert a mark in personal data kept with the objective to limit your treatment in the future):
• If disputes the accuracy of the personal data, for a period enabling the RealVision check your accuracy;
• If the processing is unlawful and the user opposes the Elimination of data, requesting, on the other hand, the limitation of your use;
• If the RealVision no longer need the user data for the purposes of treatment, but these data are required by the user for the purposes of Declaration, exercise or defense of legal claims;
• If the user has opposed the treatment until it becomes apparent that the legitimate grounds of RealVision prevail over those of the user.
When the user data are object of limitation, can only, with the exception of conservation, be treated with the consent of the user or for effect, exercise or defense of legal claims, another rights individual or collective, or for reasons of public interest legally provided for.
The user who has obtained the limitation of the treatment of your data in the cases referred to above will be informed by RealVision before being aborted the limitation.
In case of limitation of the data controller, the RealVision shall inform each recipient to whom the data have been transmitted to its limitation, unless this proves impossible or involves a disproportionate effort for the RealVision.
12. RIGHT TO PERSONAL DATA PORTABILITY
The user has the right to receive personal data relating to him and has provided to the RealVision, in a structured format, in general use and automatic reading, and the right to transmit such data to another data controller, if:
• The treatment is based on consent or contract of which you are part;
• The treatment is performed by automated means.
The right does not include data portability inferred or derived data, i.e. personal data that are generated by the RealVision as a consequence or result of the analysis of the data object.
The user has the right that your personal data be transmitted directly between the controllers, where technically possible.
13. RIGHT TO OBJECT TO THE PROCESSING
The user has the right to object at any time, for reasons related to your particular situation, to the processing of personal data concerning him that based on the exercise of legitimate interests pursued by the RealVision or when the processing is carried out for purposes other than those for which the personal data was collected, including profiling, or when personal data are processed for statistical purposes.
The RealVision will terminate the processing of user data, unless present urgent and legitimate reasons for this treatment that prevail about the interests, rights and freedoms of the user, or for the purposes of Declaration, exercise or defense of a RealVision law in legal proceedings.
When the user data are processed for the purpose of direct marketing (marketing), the user has the right to object at any time to the processing of data concerning him/her for the purposes of that trade, which covers the profiling to the extent that it is related to direct marketing. If you oppose the processing of your data for direct marketing purposes, the RealVision the data controller for this purpose.
The user has the right not to be subject to any decision taken solely on the basis of automated processing, including profiling, which produces legal effects concerning him or that affects significantly similar, except If the decision:
• Is necessary for the conclusion or performance of a contract between the user and the RealVision;
• Is authorized by the legislation that RealVision is subject; or
• Is based on the explicit consent of the user.
14. PROCEDURES FOR THE EXERCISE OF THE RIGHTS BY THE USER
The RealVision will reply in writing (including by electronic means) to the User's request within one month of receiving the application, except in cases of special complexity, this period may be extended up to two months.
If the requests made by the user are manifestly unjustified or excessive, in particular due to your repetitive, RealVision reserves the right to charge administrative costs or refuse to comply with the request.
15. PERSONAL DATA BREACHES
In the event of a data breach and to the extent that such breach is likely to imply a high risk to the rights and freedoms of the user, the RealVision undertakes to communicate the violation of personal data the user concerned within 72 hours from the knowledge of the incident.
In legal terms, the communication to the user is not required in the following cases:
• If the RealVision has applied appropriate protection measures, both organizational techniques, and these measures have been applied to the personal data affected by the breach of personal data, especially measures that make the personal data unintelligible to anyone not authorized to access this data, such as encryption;
• If the RealVision has taken subsequent steps to ensure that the high risk to the rights and freedoms of the user is no longer susceptible to achieve; or
• If the communication to the User involves a disproportionate effort for the RealVision. In this case, the RealVision will make a public communication or take a similar measure through which the user will be informed.
17. LAW AND APPLICABLE JURISDICTION