Privacy policy

PRIVACY POLICY

Introduction

The Privacy Policy was developed to support Fancy Talent, Lda, a company with tax number No. 517 392 453, headquartered at Rua Óscar da Silva nº1559, Edifício Internacional, 5º Esq.Trás, 4450-721 Leça da Palmeira, – hereinafter Maballa, in adapting its activity to the General Data Protection Regulation, approved by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 ("GDPR").

This policy is complemented by others on security, which are relevant to the company's business, describing, together, Maballa's approach to information security and privacy.

This policy applies to all Maballa Professionals and Partners and, when identified, to third parties who access the company's assets.

The terms 'Privacy', 'Data Privacy' and 'Data Protection' can be used in the same sense 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 transparency of data use and 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, must request clarification from the leaders of the respective teams.

It is Maballa's responsibility to define the appropriate mechanisms to achieve compliance with this policy, being responsible for the operational implementation of the teams, with the support of the Privacy Officer.

Compliance with this policy can be monitored through inspections, audits and/or requests for written confirmation of compliance, with all areas responsible for regularly evaluating their compliance with it within their area of responsibility.

Accordingly, any employee who has violated this policy is subject to disciplinary action.

This policy is based on the principles set out in the GDPR. However, there are national differences in the applicability of Maballa's data protection and privacy when processing personal data outside the EU, when receiving personal data from outside the EU or when processing personal data of non-EU citizens.

If you have any questions, please contact Maballa using the contact details provided.

 

Data Protection Principles

As part of our business, we process Personal Data: whether when we receive personal data in the course of our business opportunities, our customer engagements, marketing activities or a range of other related and support activities. Data may be received directly from a Data Subject (e.g. in person, via post, email, telephone or from other sources), namely our customers, 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 is relevant and necessary to fulfill a certain purpose and business task.

Maballa undertakes to comply with the personal data protection principles defined by the GDPR, namely:

    Lawfulness, fairness and transparency: this means that we must have a legitimate reason by virtue of which we process Personal Data, e.g. consent of the Data Subject, compliance with a legal obligation to which we are subject. It also means that we must clearly inform the Data Subject about the processing;
    Purpose Limitation: we must only request Personal Data for specified, explicit and legitimate purposes and not process it beyond the purpose for which it was requested;
    Data minimization: the Personal Data processed must be adequate, relevant and limited to what is necessary;
    Accuracy: we have an obligation to ensure that Personal Data is accurate and to update it where necessary;
    Limitation of storage: we shall not retain Personal Data for longer than is necessary for the purposes for which it is processed, although we may retain some for historical and statistical purposes;
    Integrity and Confidentiality: we must have in place appropriate security controls to protect data against unauthorised and unlawful processing, loss, destruction or damage, including technical and organisational measures such as defined processes, training and awareness;
    Lawful transfer outside the European Economic Area: we only transfer Personal Data outside the EEA if there are appropriate safeguards in place, such as a contractual basis;
    Data Subject Rights: Data Subjects have a number of rights that we must respect (e.g. the right to access a copy of the data we store and the right to withdraw consent given for direct marketing purposes).

Lawfulness and loyalty in treatment

Whenever Personal Data is collected, it is necessary to have a legal basis for the processing. In accordance with 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 data to be processed for one or more specific purposes;
    Contractual: The processing is necessary for the performance of a contract to which the Data Subject is a party or for pre-contractual steps;
    Legal: The processing is necessary to comply with a legal obligation, to which the Data Controller is subject;
    Vital interests: The processing is necessary to protect the vital interests of the Data Subject;
    Public interest: The processing is necessary for the performance of a task carried out in the public interest;
    Legitimate interests: The processing is necessary for the legitimate interests of the Data Controller, except where the interests or fundamental rights and freedoms of the Data Subject are overridden.

When acting as Data Controller, we must ensure that we have a legitimate 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 the responsibility of the client to ensure that it has a correct reason for processing the Personal Data, which it must 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 customer, we have the grounds to do so legitimately.

When a Special Category of Data is handled, there is an additional set of conditions that must be met. Please contact Maballa for further guidance.

The GDPR requires Data Subjects to be provided with information about processing in order to ensure fair and transparent processing. Whenever we collect Personal Data, we must ensure that we properly explain why we need the information and how we will process it. When information is gathered through our website, this information is given through a 'Privacy Notice'.

Any other information to be provided when collecting personal data must also be provided on the internet. Please see our Privacy Policy and Cookie Policy for more information.

 

Treatment 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 holder.

Maballa shall never process Personal Data for additional purposes that have not been communicated to the Data Subject. Only in this way will we be clear as to the purpose of the processing and should we understand the purposes for which our customers may have collected the Personal Data or contact the Privacy Officer.

 

Appropriate, relevant and limited treatment

When we collect and process Personal Data, we must follow the principle of data minimization. This means that we must collect only the minimum Personal Data necessary to perform a specific task.

In addition, we must ensure that we have an adequate amount of personal data to perform a specific task properly. For example, collecting the data needed only 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 if we use it in activities such as testing, we should only use/share the minimum amount in each case.

 

Accuracy of personal data

We have an obligation to ensure that Personal Data is kept accurate and up-to-date. We must ensure that appropriate processes are in place to keep data accurate where necessary (e.g. from current and potential professionals or clients held by the relevant areas).

When acting as Data Controller in relation to a customer, we will not be obliged to implement mechanisms to keep this data up to date; this will be the responsibility of the person responsible for the treatment, that is, our client.

 

Preservation of Personal Data

Personal Data shall not be kept for longer than necessary. This means that we must define and enforce maximum retention periods for the Personal Data we process and put in place processes to erase it at the end of it. Therefore, the following retention periods may apply:

(i) for as long as is necessary for the relevant activity or services;

(ii) any retention period required by law;

(iii) the end of the period in which disputes or investigations may arise in relation to the Services; or

(iv) hair minimum period provided no contract.

 

Rights of Data Subjects

The GDPR requires us to inform individuals about the Personal Data we collect, the purposes and means for which it is processed. Such information is given in the form of a 'Privacy Notice'.

    a) Right of Access

    You have the right to request to see the Personal Data we hold about you, the purpose of the processing and the categories of data concerned.
    We must notify the Data Subject of the recipients with whom we are going to share their data, especially if the recipient is in another country or if they belong to an international organization.
    Where possible, we will set the data retention period to meet business purposes.
    We must inform the Data Subject of the existence of the right to object to the processing and of their right to rectification and erasure.
    We must inform the Data Subject of the existence of his/her right to complain to a Supervisory Authority.
    When data is collected from someone other than the Data Subject, we must inform the Data Subject of the source of the data.
    We must ensure that we have processes in place to identify and respond to Data Subject access issues, without undue delay, and within a maximum of one month.

    (b) Right to rectification

    Data Subjects have the right to rectification of inaccurate data, and Maballa shall make every effort to do so immediately.

    c) Right to erasure

    The Data Subject has the right to obtain from the Data Controller the erasure of his/her data ('right to be forgotten'). It is Maballa's responsibility to do everything possible to delete the data held immediately, except when there is a legal requirement for its retention. If you receive a request from a Data Subject, please first contact the Privacy Officer before deleting any data.

    d) Children's rights

    All individuals, including children, are protected by the GDPR. For children under the age of 13, we shall not process your Personal Data on the basis of your consent, unless authorised by the respective holders of parental responsibility.

    e) Marketing

    We may sometimes send our customers and partners marketing material to inform them of services, upcoming events or other activities of interest to them, in which case we must indicate the right to withdraw consent at any time if they wish not to be contacted again on these terms.
    We must also ensure that we have processes in place to ensure that all participation preferences are recorded and respected.

 

Security of Retained Data

Maballa will maintain data security by protecting the Confidentiality, Integrity and Availability of Personal Data, provided that:

    Confidentiality means that only authorized persons can access the data;
    Integrity means that the Personal Data must be accurate and suitable for the purposes for which the processing is based;
    Availability means that authorized users should be able to access the data if they need it for the 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's allowed:

    a) Disclose Personal Data to third parties only under instruction or where we have a legitimate basis to do so, and there are no restrictions in place.
    b) Disclose Personal Data to third parties in the event that we sell or buy any business or assets, or where we are a joint controller, 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.

Generally, Personal Data may be disclosed:

    (a) professionals or other servants to enable them to perform their duties as such.
    (b) where non-disclosure would prejudice the prevention or detection of crime, the prosecution of offenders, or the assessment or collection of any tax or fee. Maballa must have adequate grounds for disclosing the data under this category in order to avoid criminal prosecution. 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 the context of or for the purposes of legal proceedings or where necessary for the defence of a legal right.
    (d) to safeguard national security.

 

International transfer of Personal Data

Maballa 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 for one of our suppliers.

We must ensure that at least one of the following conditions applies:

    a) The country to which the 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 Maballa and the Data Subject, or the protection of the vital interests of the Data Subject.
    (e) the transfer is legally required for important reasons of public interest or for the commencement of legal claims or defence thereof.

 

Log information, cookies and web beacons

Maballa's website uses cookies to distinguish its users. Maballa collects standard Internet log information, including the user's IP address, browser type and language, access times, and referring website addresses.

To ensure that our website is well managed and to facilitate navigation, Maballa 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 website to count visitors who access a website and certain cookies) to collect aggregate data.

 

Professionals Information

Collection and Conservation

    Maballa, as an employer, collects, processes and stores personal data of employees, contractors, consultants and candidates. The Human Resources Department and other departments that process Personal Data of professionals must verify and document the legal basis inherent to the processing they carry out. The Personal Data of professionals should only be processed when there is a valid and legitimate purpose for this purpose.
    The collection of personal data related to our employees takes place through various channels and formats, such as: registration forms; electronic web forms, (e.g. during the recruitment process); data records; CCTV footage; Team photos, including ID cards; data from other sources (e.g. previous employers); credit checks and security checks; and so on.
    The creation and storage of personal data related to our professionals takes place through various channels and formats, such as: payment receipts; assessment records; Employment contracts; e-mails; disease records; and so on.

Training and Awareness

    We are committed to providing adequate training on personal data protection to all professionals. If necessary, we will provide tailored training and awareness for people taking into account their roles.

Process design and change

    For all proposed new business systems and procedures involving Personal Data, consideration should be given to whether an impact assessment on privacy and information security is necessary to identify risks and controls

 

COOKIES POLICY

This website uses cookies to provide better use by its visitors, as well as to ensure that it is fully operational. This Cookie Policy is part of our Privacy Policy, which you should refer to for more information about us and how we protect user information. In order to provide a personalized and efficient service to our users, it is necessary to memorize and store information about how this Website should be used. To do this, we use small text files called cookies that contain small amounts of information downloaded to our users' computer or other devices via a server. Your internet browser then sends, on each subsequent visit, these cookies back to the Website, allowing the recognition and storage of the identity of our visitors, namely the usage preferences of our users. You can find here (aboutcookies.org) more detailed information about cookies and how they work. Browsing this Website allows the collection of information using cookies and other technologies. By using this website you agree to the use of cookies as described in this Cookie Notice.

 

What types of cookies are used and why?

Some of the cookies we use are necessary to allow you to browse this website, as well as to take advantage of its features, such as accessing secure areas and content that is exclusively accessible to registered users. Our website also uses functional cookies to record information about our users' choices and allow us to adapt our website to their needs; For example, memorizing the source language or region or that a user has already completed a survey. The information recorded is anonymous and is intended for the purpose stated above only. We may use, directly or indirectly, web analytics services to assess the effectiveness of our content and the preferences of our users that allow us to contribute to the optimization of the operation of this website. In addition, we use web beacons or tracking pixels to count the number of visitors and performance cookies to monitor how individual users access our website and how regularly. This information is used for statistical purposes only, without identifying any particular user. However, for registered users who are logged in to the website, we may use this information in combination with data collected via web analytics services and cookies to analyse how visitors use this website in more detail. This website does not use targeting cookies to promote targeted advertising to our visitors. Whenever you would like detailed information about the cookies used on our website, please contact us via email.

 

How to control cookies?

Users of the website accept the introduction of cookies on their computers or devices under the terms indicated above, without prejudice to the control and management available. We inform users that the removal or blocking of cookies may affect their user experience and may limit access to some areas of the website.

 

Browser controls

The vast majority of browsers allow our users to view the cookies hosted and delete them individually or alternatively block cookies on a particular website or all in general. We remind you that the preferences you set, including opt-out, are lost whenever cookies are deleted. For more information, please refer to the websites or cookiecentral.com.

Management of analytics cookies

Our users may choose to exclude their anonymity in their browsing activity within the websites tracked by analytics cookies. We use the following service providers where you can obtain more information about their privacy policies and how to delete your cookies by clicking on the following links:

    Google Analytics: google.com/analytics/learn/privacy.html
    Facebook Pixel: facebook.com/business/help/742478679120153

Management of local shared objects or flash cookies

A local shared object or flash cookie is similar to other browser cookies, differing in that they can store more types of information. These cookies cannot be controlled through the mechanisms identified above. Some areas of our website use this type of cookies to store user preferences for the features of the media player and without them the content of some videos will not be able to be viewed properly. These cookies can be controlled manually by visiting Adobe's website.

Social buttons

We use social buttons to allow our users to share or bookmark pages. These buttons are for social networks from which we may obtain information about our visitors' activities on the Internet, including our website. An understanding of how information is used and how it can be excluded from its collection should be obtained by reviewing the respective Terms of Use and Privacy Policies of those websites.

Email Communications

To measure the relevance of our communications, we may use tracking technologies to determine whether our visitors have read, clicked on links, or forwarded certain email communications we have sent. In case of disagreement with this way of proceeding, our users must unsubscribe, as it is not possible to send these emails without these active monitoring mechanisms. Registered subscribers may update their communication preferences at any time by contacting us via email, or they may unsubscribe by following the instructions in the communication email sent by us to their email address.

This Cookie Policy may be revised at any time at our discretion. When such changes are made, the revision date at the top of the page will be changed. The amended Cookie Policy will be effective as of the date of revision. We recommend that users of our website review the Cookie Policies periodically in order to be informed about our management of cookies.

 

Updated August 01, 2023