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PRIVACY POLICY

Data Protection, Privacy and Information Security Policy

AQUELA KOMBUCHA complies with all applicable EU and national legal standards in the field of data protection, privacy and information security.

Within the scope of the Personal Data Protection and Information Security System, AQUELA KOMBUCHA seeks to ensure regulatory compliance and the demonstration or evidence of institutional responsibility in terms of data protection and information security, implementing all the technical and organisational measures necessary to comply with the current Data Protection legal regime.

Within this framework, AQUELA KOMBUCHA also undertakes a commitment to the secrecy and confidentiality of the personal data it is responsible for processing, in accordance with this data protection and privacy policy. Thus, it guarantees compliance with all applicable rules on confidentiality and secrecy, also requiring it of all its employees or suppliers, as well as the adoption of behaviours and the implementation of the measures necessary for the same degree of compliance, ensuring that persons authorised to process personal data have undertaken a confidentiality commitment or are subject to appropriate legal confidentiality obligations.

Personal data: information relating to an identified or identifiable natural person (data subject); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier. Personal identifiers are, for example, a name, an identification number, location data, electronic identifiers or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Processing: an operation or set of operations which is performed upon personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Cookies: these are small text files containing information considered to be relevant that the devices used for access (computers, mobile phones or portable mobile devices) load, via the internet browser, when an online site is visited by the Customer or User.

AQUELA KOMBUCHA UNIPESSOAL LDA, with registered office at Rua Duque de Saldanha 345, 4300-465 Bonfim, Porto, Portugal, registered at the Commercial Registry Office of Porto under the single registration and legal person number 515.030.384, with a share capital of 5,000 euros, herein referred to as AQUELA KOMBUCHA, is the entity responsible for the online sites www.aquelakombucha.pt and the computerised applications, hereinafter referred to as channels or applications, through which Users or Customers have remote access to AQUELA KOMBUCHA products that are presented and marketed at any time through them.

The use of the channels or applications by any User or Customer may involve the performance of personal data processing operations, whose protection, privacy and security by AQUELA KOMBUCHA, as the entity responsible for the respective processing, is ensured, in accordance with the terms of this Data Protection and Privacy Policy.

For the purposes of contact or exercising rights, the User or Customer may contact AQUELA KOMBUCHA by sending an e-mail to rgpd@aquelakombucha.pt, describing the subject of the request and indicating an e-mail address, a telephone contact address or a mailing address to be sent the reply.

AQUELA KOMBUCHA processes the personal data strictly necessary for the provision of information and the operation of its channels, according to the uses made by Users or Customers.
To this end, AQUELA KOMBUCHA collects such personal data directly from Users and Customers who provide it to it for the purpose of registering requests or obtaining information.

In particular, the use or activation of certain functionalities of the channels may involve the processing of various direct or indirect personal identifiers, such as name, home address, contact details, device addresses or geographical location, provided that the User or Customer has given their express consent.

The personal data collected by AQUELA KOMBUCHA are processed by computer, in certain cases in an automated manner, including the processing of files or the definition of profiles and within the scope of the management of the pre-contractual, contractual or post-contractual relationship with Users or Customers, in accordance with the national and Community rules in force.

The categories or types of personal data processed may be, among others that prove necessary and are legitimately collected, the following: full name, tax number, civil identification number, date of birth, address, location, postcode, country, country code, telephone contacts, email addresses, etc.

In all cases, Users or Customers will always be informed of the need to collect such data in order to access the functionalities of the channels concerned.

All data processing operations comply with the fundamental legal principles in the field of data protection and privacy, in particular as regards their circulation, lawfulness, loyalty, transparency, purpose, minimisation, conservation, accuracy, integrity and confidentiality, with AQUELA KOMBUCHA being available to demonstrate its responsibility to the data subject or any other third party that has a legitimate interest in this matter.

All data processing operations carried out by AQUELA KOMBUCHA have a legitimate basis, namely the consent of the data subject, the need to perform a contract or pre-contractual steps with the data subject, as well as the need to fulfil a legal obligation or the legitimate interests pursued by AQUELA KOMBUCHA or by third parties.

All personal data processed within the scope of AQUELA KOMBUCHA‘s channels is intended exclusively for the provision of information to Users as well as for the provision of services contracted by Customers and, in general, for the management of the pre-contractual, contractual or post-contractual relationship with Users or Customers.

The personal data collected may also be processed for statistical purposes, for information dissemination or promotional actions and for commercial or marketing actions, in particular to promote actions to publicise new features or new products, through direct communication, whether by correspondence, e-mail, messages or telephone calls or any other communication service.

Provided that prior information and the collection of express authorisation for the latter purposes is always ensured, Users or Customers may, at any time, exercise their right to object to the use of their personal data for other purposes that go beyond the management of the contractual relationship, in particular for marketing purposes, for sending informative communications or for inclusion in lists or information services, and must send a written request by email to AQUELA KOMBUCHA in accordance with the procedures set out below.

Personal data will be kept only for the period necessary for the purposes for which they were collected or further processed, ensuring compliance with all applicable legal rules on archiving.

AQUELA KOMBUCHA uses cookies on its websites in accordance with the Cookies Policy available for consultation at www.aquelakombucha.pt.

The provision of information or the provision of services by AQUELA KOMBUCHA to its Users or Customers through the channels may eventually involve the use of services of third party subcontractors, including entities based outside the European Union, for the provision of certain services, which may imply access by these entities to personal data of Users or Customers.

In these circumstances and whenever necessary, AQUELA KOMBUCHA will only use subcontractors that provide sufficient guarantees that they will carry out appropriate technical and organisational measures so that the processing meets the requirements of the applicable rules, such guarantees being formalised in a contract signed between AQUELA KOMBUCHA and each of these third parties.

Except in the fulfilment of legal obligations, in no case will personal data of Users or Customers be communicated to third parties other than subcontractors or legitimate recipients, nor will any other communication be made for purposes other than those mentioned above.

Any transfer of personal data to a third country or an international organisation will only be carried out in the framework of compliance with legal obligations or to ensure compliance with the applicable EU and national legal rules.

Taking into account the most advanced techniques, the costs of implementation and the nature, scope, context and purposes of the processing, as well as the risks, of varying likelihood and severity, to Users or Customers, AQUELA KOMBUCHA and all its subcontractors apply appropriate technical and organisational measures to ensure a level of security appropriate to the risk.

‍ To this end, various security measures are adopted to protect personal data against unauthorised disclosure, loss, misuse, alteration, processing or access, as well as against any other form of unlawful processing.

It is the sole responsibility of Users or Customers to keep their access codes secret and not to share them with third parties and, in the particular case of computer applications used to access the channels, to maintain and keep access devices in a secure condition and to follow the security practices advised by manufacturers and/or operators, in particular as regards the installation and updating of the necessary security applications, such as, among others, antivirus applications.

In the event of the need to subcontract services to third parties that may have access to the personal data of Users or Customers, AQUELA KOMBUCHA subcontractors will be obliged to adopt the security measures and protocols at the organisational level and the technical measures necessary to protect the confidentiality and security of personal data, as well as to prevent unauthorised access, loss or destruction of personal data.

AQUELA KOMBUCHA Users and Customers may, as holders of personal data, at any time, exercise their data protection and privacy rights, namely the rights of access, rectification, erasure, portability, limitation or opposition to treatment, under the terms and with the limitations provided for in the applicable rules.

Any request to exercise data protection and privacy rights must be addressed, in writing, by the respective holder, to AQUELA KOMBUCHA, in accordance with the procedure and contact described below.

Users and Customers of AQUELA KOMBUCHA have the right to lodge a complaint, either by registering the complaint in the Complaints Book, or by submitting a complaint to the regulatory authorities, as well as to make suggestions by email sent to rgpd@aquelakombucha.pt.

AQUELA KOMBUCHA has implemented an incident management system for data protection, privacy and information security.

If any User or Customer wishes to report any personal data breach, which causes, accidentally or unlawfully, the unauthorised destruction, loss, alteration, disclosure or access to personal data transmitted, stored or subject to any other type of processing, they may contact AQUELA KOMBUCHA at rgpd@aquelakombucha.pt.

In order to ensure its updating, development and continuous improvement, AQUELA KOMBUCHA AQUELA KOMBUCHA may, at any time, make any changes that are considered appropriate or necessary to this Data Protection and Privacy Policy, and its publication in the different channels is ensured to guarantee the respective transparency and information to Users and Customers.

The terms of the Data Protection and Privacy Policy are complementary to the terms and conditions of use of the AQUELA KOMBUCHA channels.

The free, specific and informed provision of personal data by the respective holder implies knowledge and acceptance of this Policy and constitutes express authorisation for its processing, in accordance with the rules defined.

For the exercise of any type of data protection, privacy or information security rights or any matter relating to data protection, privacy and information security issues, AQUELA KOMBUCHA Users and Customers may contact AQUELA KOMBUCHA by e-mail sent to rgpd@aquelakombucha.pt, describing the subject of the request and indicating an e-mail address, a telephone contact or a correspondence address for reply.

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