WHO ARE WE?
PANAMAR (trade name) is a commercial company with registered office at Rua de Mouzinho da Silveira, 14, 4050-414 Porto, Portugal, registered at the competent Commercial Registry Office under the single registration and legal entity number (number).
The Personal Data Protection Act (hereinafter "LPDP") and the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, hereinafter "GDPR") ensure the protection of natural persons with regard to the processing of personal data and the free movement of such data.
This privacy and data protection policy ("Privacy Policy") concerns the processing of personal data carried out by Panamar and collected through the website www.panamar.pt
From now on, this website will be referred to as the "platform" or simply "PANAMAR":
PANAMAR is committed to protecting the personal data ("Personal Data") of its customers and users, hereinafter referred to as "Users" or individually as "User", provided on the Platform, adopting a policy subject to high privacy standards which strives for rigour in maintaining the confidentiality, fairness and integrity of Personal Data.
In this context, it has drawn up this Privacy Policy, which aims to inform its Users of the situations in which it processes Personal Data, namely how and why it is collected, to whom it is disclosed, how their privacy is protected when visiting or using the services provided on the Platform, as well as their rights in relation to the processing of Personal Data carried out.
The collection and processing of Personal Data carried out by Panamar comply with the applicable personal data protection legislation in force, namely the GDPR and the LPDP.
WHAT IS PERSONAL DATA?
Personal Data means any information, of any nature and regardless of its medium, including sound and image, relating to an identified or identifiable natural person. A person who can be identified, directly or indirectly, is considered identifiable, in particular by reference to an identification number or to one or more specific elements of their physical, physiological, mental, economic, cultural or social identity.
OTHER IMPORTANT DEFINITIONS:
Supervisory authority - an independent public authority established by a Member State of the European Union, responsible for monitoring the application of the GDPR and the LPDP, in order to protect the fundamental rights and freedoms of natural persons in relation to processing and to facilitate the free movement of data within the European Union. In Portugal, the supervisory authority is the National Data Protection Commission ("CNPD").
Consent - a freely given, specific, informed and explicit indication of will by which the data subject accepts, by means of a statement or a clear affirmative action, that Personal Data relating to them be processed for a specific purpose.
Data protection officer ("DPO") - a person or entity appointed to ensure, within an organisation, the compliance of personal data processing with the GDPR, ensuring efficient communication with the Personal Data subjects and cooperation with the relevant supervisory authorities.
Controller - a natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of processing Personal Data.
LPDP - Law no. 58/2019 of 8 August, which ensures the implementation, in the national legal order, of Regulation (EU) 2016/679 of the Parliament and of the Council of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data
GDPR - General Data Protection Regulation (EU) of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
Processor - a natural or legal person, public authority, agency or other body which processes personal data on behalf of Panamar, as controller.
Personal Data Subject - an identified or identifiable natural person to whom the Personal Data collected on the Platform relates, that is, its Users.
Processing - an operation or set of operations performed on 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, comparison or interconnection, restriction, erasure or destruction.
Third party - a natural or legal person, public authority, service or body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or processor, are authorised to process the Personal Data.
WHO IS RESPONSIBLE FOR PROCESSING PERSONAL DATA?
PANAMAR is the Controller of your Personal Data collected through the website, within the scope of the GDPR.
As controller, it reserves the right to subcontract other entities to carry out such Processing on its behalf and on its representation.
1. THE PROTECTION OF THE PRIVACY OF PERSONAL DATA IS A COMMITMENT OF PANAMAR
The protection of the privacy of personal data is a fundamental commitment of Panamar towards the personal data subject (also, «subject») who uses the digital platforms and the Panamar email marketing management services. This document serves to explain what personal data we collect, for what purposes we use it, how we process it, with whom we share it, for how long we keep it, as well as the ways to get in touch in order to exercise your rights.
2. DATA PROTECTION OFFICER
The email marketing Provider used by Panamar has a Data Protection Officer (DPO), who provides information and advises on matters related to processing, cooperating with the CNPD (National Data Protection Commission). Access to Panamar's Data Protection Officer can be requested through the email geral@panamar.pt.
3. WHAT TYPE OF INFORMATION DOES PANAMAR COLLECT?
Panamar collects information in two distinct contexts:
1. Anonymous data is stored while the personal data subject or the Panamar management team visits the digital platforms, with the aim of improving their operation, including the optimisation and prioritisation of content.
2. Personal data is provided voluntarily by the subject upon registration or subscription. This is processed automatically, and the personal data subject's information is collected in encrypted form and managed securely, in a national data centre (in Portugal).
4. WHO IS THE PERSONAL DATA SUBJECT?
The personal data subject is the natural/legal person to whom the data relates, who uses and/or has used the digital platforms and/or the webmarketing services offered by Panamar via the email marketing platform and for which the natural/legal person has authorised the respective data management.
5. Rights of the personal data subject
Panamar guarantees Users, as Personal Data Subjects and at any time, the right of access, rectification, updating, restriction and erasure of their Personal Data, the right to object and to withdraw Consent, without compromising the lawfulness of the processing carried out under that Consent, as well as the right to data portability:
1. Right to information: Panamar clearly sets out its policy at the time of account creation and/or registration or in any type of form;
2. Right of access and rectification: you can access and edit your data directly and autonomously by following the "edit" link available or request this action from the Panamar management team for this purpose;
3. Right to restrict or object to the processing of your data: in each message you have the possibility to restrict/object via the "remove" link;
4. Right to be forgotten: you must request the total removal of your data by sending an email message to geral@panamar.pt with your identification and a removal request.
5. Right to portability: You may request to receive the Personal Data you have provided, in a structured, commonly used and machine-readable format. You also have the right to request that this be transmitted to another Controller, provided that this is technically possible.
In such cases, Panamar ceases to process the Personal Data, unless it has legitimate grounds to carry out such Processing, and these prevail over the interests of the Users.
- Right to withdraw the Consent given: In cases where the Processing is based on Consent as the ground of legitimacy, the User may withdraw it at any time.
- Right to lodge complaints with the Supervisory Authority: Should the User wish to lodge any complaint regarding matters related to the Processing of Personal Data, they may do so with the National Data Protection Commission, the competent Supervisory Authority in Portugal.
For more information, please visit www.cnpd.pt.
6. IN WHAT CIRCUMSTANCES DO WE DISCLOSE USERS' PERSONAL DATA?
PANAMAR uses other entities to provide certain services. Such provision of services may eventually involve access, by these entities, to Users' personal data. This would be the case for Panamar's suppliers or service providers (e.g., entities that provide services such as email marketing platforms, consultancy professionals and others that may be subcontracted to establish contacts in accordance with the user's consents).
In such cases, Panamar ensures, through contracts and clauses for the Processing of Personal Data, that any Processor entity that processes Personal Data in its name and on its behalf offers guarantees of the implementation of appropriate technical and organisational measures, so that the Processing meets the requirements demanded by the GDPR and the LPDP or other law applicable to the matter, ensuring the confidentiality and security of the data, including compliance with the rights of Personal Data Subjects.
PANAMAR may also transmit Users' Personal Data to third-party entities, when it deems such data communications necessary or appropriate (i) in light of applicable law, (ii) in compliance with legal obligations/court orders, (iii) to respond to requests from public or governmental authorities and other administrative authorities, (iv) where necessary to comply with a legal, regulatory or other obligation, as well as (v) to ensure the safety of the Personal Data Subjects, or in some other way to prevent fraudulent conduct.
As a rule, Users' Personal Data is not transferred to third countries (outside the European Union), being kept on servers located within the European Union. However, should the Processors transfer data to third countries, Panamar will implement the necessary and appropriate measures in light of applicable law to ensure the protection of the Personal Data subject to such transfer, strictly complying with the legal provisions.
7. HOW DO THE WEBSITE AND THE WEB MARKETING PLATFORM SUBSCRIBED BY PANAMAR PROCESS DATA?
1. Information we collect
a) Information collected voluntarily in certain parts of our Website or of the web marketing Platform. For example, we may ask for name, email, mobile phone and/or data that identifies you to the platform in order to register an authorised account of the company providing Panamar's web marketing services or upon subscription/submission of an online form. We may also collect information such as your opinion, occupation and contact when you take part in events, surveys or promotional/marketing actions. In these cases you may always choose to add additional information optionally, and we keep a copy of the data provided in these interactions. The personal information we ask for and the reason why we do so will be clearly explained at the time of the request.
b) Information we collect automatically through our Website: when you visit our site we automatically collect certain device information, which for processing purposes is anonymous data. The information we collect may include IPs, operating system, browser type, browser activity and other information related to aspects of the infrastructure used and how it interacts with our services/website. This may be collected in the form of a log or in the form of cookies (see 7.4).
c) Information we collect automatically when sending communications (e.g. email, sms, push, etc.): when you receive a message from us or from the web marketing platform we subscribe to, we may automatically collect information that allows us to identify your interactions with it. The information we collect may include IPs, operating system, browser type, browser activity and other information related to aspects of the infrastructure used, for example mobile operator, time of receipt on the mobile phone and terminal type. This may be collected in the form of a log or in the form of cookies (see 7.4).
2. Use of personal information
a) The webmarketing platform used by Panamar may use the information it collects for various reasons:
- in processing transactions and providing accounts via Panamar
- in responding to your requests in order to provide information or access to services when requested by you
- to manage the Website, administration and security systems
- to improve navigation and the content of the platform/Website
- to identify problems in servers, networks or IT equipment
- to provide, operate, optimise and maintain our services
- to send marketing information, taking your preferences into account - in recruitment processes should you have applied for a position at Panamar
- in compiling statistical data on the use of our services in order to enable a better understanding of visitors' preferences
- to carry out research with a view to developing/improving our products and services
- to personalise content on the Website and authorised platform
- in the performance of a contract or other legal requirements
In addition, we may combine personal information with other information in order to provide better segmentation and personalisation of the messages sent by the platform or a better browsing experience.
3. Public information and third-party Websites
a) Social networks and widgets. Our Website includes integrations with various social networks; these may collect information such as the IP or use cookie(s) in order to enable their correct operation. We warn that in this case their use is not the responsibility of Panamar, and no privacy measure is guaranteed, given the technical impossibility of controlling third-party services.
b) Blog. We have our own blog and it is therefore subject to comments. Any information included in the comments is in the public domain and may be read by anyone with complete freedom. Any personal information you wish to have removed or changed should be requested by contacting us for that purpose.
c) Third-party Websites. Our site includes links to other Websites, for which we decline any responsibility. We warn that their use is not the responsibility of Panamar, and no privacy measure is guaranteed.
4. Cookies
The Panamar site stores cookies (text files) on the visitor's computer, which are used to count and personalise the visit. These cookies do not collect personal information and are stored only for the time necessary for the purpose for which they are intended. The storage of our cookies on the computer can always be controlled through the visitor's own browser.
a) On the site and services provided by the web marketing platform subscribed by Panamar we use the following cookies:
- Essential - Without them, some functionalities of our service (e.g. maintaining the customer's continuous access to their Panamar account) cannot work.
- Performance and Functionalities - These cookies are used to improve the performance and functionalities of our website but are not essential for its use. However, without them some functionalities may become unavailable.
- Personalisation and Navigation - These cookies analyse visitors' navigation in an aggregated way so that we can improve it and always present them with the most relevant information, and they help to understand the responsiveness of communications. Typically the data collected is anonymised.
- Advertising - They help to show personalised ads to each visitor. For example, if you came to our site and showed interest in a certain feature, you may later see an ad about that feature on other sites or on your Facebook.
b) Other tracking technologies
The webmarketing platform subscribed by Panamar uses similar technologies such as pixels ("clear gifs") in order to obtain a unique identifier. These small graphic elements make it possible to recognise that someone visited/viewed the website or communications sent by us. In addition, from time to time, we may also use technologies such as web beacons or others that help us identify usage/navigation patterns, facilitating performance improvements or the creation of new functionalities. While you do not have the ability to specifically turn off each of these tracking technologies, in general they can be turned off by declining the use of cookies, thus preventing their operation.
c) How can I control cookies?
Modern browsers allow the blocking and deletion of installed cookies. Choose your browser and consult the respective instructions (Chrome, Firefox, Safari, etc.). For other browsers consult the respective documentation.
8. WHAT SECURITY PROCEDURES GUARANTEE THE PROTECTION OF YOUR DATA?
The email marketing platform subscribed by Panamar is designed so that whenever personal information is collected or used, the data is encrypted through the SSL (Secure Socket Layer) protocol. This technology protects the data, in particular from fraudulent interception, and as such minimises the associated risk.
The email marketing service used by Panamar has a Reward Programme for the detection of "bugs" and vulnerabilities.
All maintenance/interventions and physical destruction are carried out by the employees and managers of the email marketing platform subscribed by Panamar. The physical Data Centre where the data is stored and the services are provided is certified with the ISO/IEC 27001 Certificate of Conformity.
9. FOR HOW LONG DOES PANAMAR PROCESS AND KEEP YOUR PERSONAL DATA?
1. The period of time during which Personal Data is stored and kept varies according to the purpose for which it is used, the rule being to keep it only for the period necessary for each purpose. There are, however, legal obligations (e.g., tax) that may require the retention of Personal Data for a longer period of time and, in that case, the data will be kept only for the period necessary to comply with the legal obligation imposed.
The Personal Data collected is processed in strict compliance with the applicable legislation, being stored in specific databases created for that purpose. Such data is kept in a format that allows the identification of the Personal Data Subjects.
If the Processing is based on Consent, Panamar keeps the User's Personal Data in accordance with the Consent given and/or until that Consent is revoked.
Thus the law determines the retention of data for a minimum period, namely:
a) for one year: traffic data, location data, this for the purposes of investigation, detection and prosecution of serious crime.
b) for 10 years: the data necessary for information to the Tax Authority.
2. Panamar processes personal data based on legitimate interest typically to:
a) improve, maintain and develop new technological concepts;
b) ensure the security of our services and website;
c) company marketing activities.
Panamar keeps your personal data, always in accordance with the law, the guidelines and the decisions of the CNPD or, as applicable, until you exercise your right to object, right to be forgotten or revoke your consent. However, all legal and contractual obligations that define these periods will always be observed.
10. QUESTIONS
To deal with matters related to the protection of personal data, you should contact Panamar through the E-mail: geral@panamar.pt