1. BAUTER’S COMMITMENT
BAUTER is aware that globalization and rapid technological evolution impose new challenges in terms of the security of personal information.
Aware of the growing importance of privacy and the protection of personal data, BAUTER is committed to each data subject, respecting their privacy and processing their data in strict compliance with the legislation in force.
For this reason, when dealing with any BAUTER company, you can count on strict compliance with the provisions of the General Data Protection Regulation (GDPR), Law No. 58/2019, of August 8 (Personal Data Protection Law), the guidelines of the National Data Protection Commission (CNPD), the guidelines of the European Data Protection Committee (EDPB) and other applicable legislation on privacy and data protection.
2. DATA CONTROLLER AND DATA PROTECTION OFFICER (DPO)
The entity responsible for collecting and processing personal data is the BAUTER company that provides the service or product to the data subject.
BAUTER has a Data Protection Officer (“DPO”) whose duties include:
Ensuring internal compliance with applicable legislation on privacy and the protection of personal data;
Promote awareness among BAUTER employees of the processing of personal data;
Providing BAUTER with information and advice on privacy and data protection.
Cooperating with the CNPD and acting as the contact point between the latter and BAUTER;
Ensuring relations with data subjects in matters covered by the GDPR and national data protection legislation.
Contacts DPOE-mail: geral@bauter.pt
Letter: A/C DPO, Av .Duque d’Ávila, 64, 7ºA 1050-083 Lisboa, Portugal.
3. PERSONAL DATA AND CATEGORIES OF PERSONAL DATA
Personal data is any information relating to an identified or identifiable natural person («data subject»), regardless of the method of data collection (manual or automated) and the medium on which it appears (digital, physical, etc.).
An identifiable natural person is one who can be identified directly or indirectly by reference to identifiers (such as a name, an identification number or an IP address).
Special categories of personal data
With a few exceptions, the processing of the following categories of data is prohibited:
- Racial or ethnic origin;
- Political opinions;
- Religious or philosophical beliefs;
- Health, sex life or sexual orientation; Trade union membership;
- Genetics;
- Biometrics.
4. LEGAL BASIS FOR PROCESSING PERSONAL DATA
The processing of personal data is only lawful if and to the extent that one of the following grounds applies:
Consent: the consent given by the data subject must be prior to processing and must be the result of a free, informed, specific, explicit and unequivocal expression of will. In the specific case of children under 13, BAUTER will require the consent of their legal representatives.
Execution of a contract or pre-contractual steps: when the processing of data is necessary for the conclusion, execution and management of a contract.
Compliance with a legal obligation: when processing is necessary for compliance with a legal obligation to which any BAUTER company is subject.
Defense of vital interests: when the processing is necessary for the defense of the vital and legitimate interests of the data subject, another natural person or BAUTER (always prevailing the interests, rights and freedoms of the data subject).
5. PURPOSE AND DURATION OF THE PROCESSING OF PERSONAL DATA
BAUTER will process the data only for the period of time necessary to fulfill the purpose for which it was collected, or until the data subject exercises the right to erasure, the right to restriction of processing, the right to portability or the right to object (see further information in section 8).BAUTER will cease processing personal data if the data subject withdraws consent, and may do so at any time (see further information in section 8).
point 8).
6. STORAGE OF PERSONAL DATA
BAUTER will only keep your data for the period necessary to fulfill the defined purposes or for the legally required period, if this is longer.
In the event of a contract between a BAUTER member company and the data subject, the data will be kept for the duration of the contract plus the limitation and expiry periods of the rights arising from it.
Once the purpose has been fulfilled and in the absence of a legal obligation to retain personal data, BAUTER will destroy or anonymize it.
7. INTERNATIONAL DATA TRANSFER
The processing of personal data carried out by BAUTER may involve the transfer of data to third countries (countries not belonging to the European Union), if this is necessary to fulfill the defined purposes or legal obligations.
Recognizing that this is a particularly sensitive context, BAUTER will seek to ensure strict compliance with the applicable legislation.
The European Commission has a list of third countries whose level of data protection is considered adequate, and it is not necessary to adopt extraordinary security measures.
If the data is transferred to a third country that is not on this list, BAUTER will adopt the appropriate guarantees provided for by law (in particular Articles 46 et seq. of the GDPR) when processing the data.
8. RIGHTS OF PERSONAL DATA SUBJECTS
The GDPR confers various rights on the holders of personal data, which can be exercised by contacting BAUTER’s DPO.
Right of access
The data subject has the right to know which personal data are specifically processed by BAUTER and to access various pieces of information concerning them (such as the purposes of processing or their estimated retention period). The data subject also has the right to request a copy of their personal data being processed.
Right to rectification
The data subject has the right to obtain the rectification of inaccurate data and to request that incomplete data be completed.
Right to erasure (“right to be forgotten”)
The data subject has the right to request the erasure of their personal data, provided that there are no valid grounds for retaining it (such as compliance with legal retention obligations imposed on BAUTER).
Right to restriction of processing
The data subject has the right to request the limitation of the processing of their data, in which case, for a certain period of time, the processing is “frozen” and the data cannot be communicated to third parties, transferred internationally or erased.
Right to portability
The data subject has the right to receive their personal data in a structured, commonly used and machine-readable format.
Whenever technically possible, the data subject has the right to request that their data be directly transmitted by BAUTER to another data controller(s).
Right to object
The data subject has the right to object, at any time, to the processing of their data, on grounds relating to their particular situation, when such processing is based on one of the following situations:
- processing is necessary for the pursuit of the legitimate interests of BAUTER or a third party;
- the data is processed for the purposes of direct marketing; the data is reused for a purpose other than that for which it was originally collected.
Withdrawing consent
Data subjects may withdraw their consent to BAUTER at any time.
In accordance with the GDPR, the withdrawal of consent does not affect the lawfulness of the data processing carried out on the basis of the consent previously given.
Right to complain to the CNPD
The data subject has the right to lodge a complaint with the National Data Protection Commission whenever they consider that the processing of personal data concerning them violates the GDPR.
How to exercise your rights
The exercise of the data subject’s rights is free of charge, except in the case of a manifestly unfounded or excessive request, in which case BAUTER may require payment of a reasonable fee, taking into account administrative costs.
BAUTER will provide the data subject with information on the measures taken within one month of receiving the request, unless it is a particularly complex request, in which case the deadline may be extended to two months.
The data subject may exercise their rights vis-à-vis BAUTER’s DPO via one of the following channels: E-mail: geral@bauter.pt;
Letter: A/C DPO, Av .Duque d’Ávila, 64, 7ºA 1050-083 Lisboa, Portugal;
9. SECURITY MEASURES
BAUTER implements appropriate, necessary and sufficient security measures to protect your personal data against accidental or unlawful destruction, loss, alteration, disclosure, unauthorized access or any other form of processing.
10. COOKIES
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