Terms & Privacy Policy

1. Personal data

What is personal data?

Personal data is any information, of any nature and on any medium, relating to an identified or identifiable natural person. A person is considered identifiable when they can be identified directly or indirectly, for example through a name, an identification number, location data, an electronic identifier or any other element that allows that natural person to be identified.

The privacy and protection of the personal data of all clients and users of the services provided by https://www.azoresawake.com is, at all times, an essential part of how we act and organise ourselves.

The privacy policy of https://www.azoresawake.com is intended to ensure that all clients know, at any moment, the rules and principles governing the protection and processing of personal data. https://www.azoresawake.com makes every possible effort to guarantee the security of that data in accordance with the rules and procedures set out in the applicable legislation.

The online channels of https://www.azoresawake.com may contain links to other websites outside our organisation. Such links are provided in good faith. https://www.azoresawake.com cannot be held responsible for the collection and processing of personal data carried out on those websites, nor for the accuracy, reliability or functionality of third-party websites. Providing links to external websites therefore implies no assumption of responsibility for them.

https://www.azoresawake.com further recommends that clients adopt complementary security measures, including keeping devices and software properly updated and configured, using protection against malicious software and a firewall, and refraining from browsing websites whose authenticity cannot be reasonably guaranteed.

This privacy policy may be amended or revised at any time. Any amendment or revision will be duly published and communicated through the online channels of https://www.azoresawake.com.

Who are the data subjects?

The client or user, a natural person to whom the data relates and who has used the services or products of https://www.azoresawake.com. The client is the person who enters into the contract with https://www.azoresawake.com and the user is the person who uses the services or products of https://www.azoresawake.com.

2. Processing of personal data

Who is the controller of your personal data?

The controller of your personal data is the entity https://www.azoresawake.com, which provides the service or supplies the product and which, within that scope, decides which data is collected, the means of processing and the purposes for which the data will be used.

3. Lawful basis for processing

These are the circumstances in which we process your personal data:

Consent

When your express consent is obtained, in writing or through the validation of an option in an electronic form, and where that consent is freely given, informed, specific and unambiguous.

Consent of minors

Where the processing of personal data of minors may be subject to consent, https://www.azoresawake.com will require consent to be given by the holders of parental responsibility.

Performance of a contract and pre-contractual steps

When processing personal data is necessary for entering into, performing and managing the contract concluded with https://www.azoresawake.com, for example to prepare a service proposal, to manage contacts, information and requests, or to manage invoicing, collection and payments.

Compliance with a legal obligation

When processing personal data is necessary to comply with a legal obligation to which https://www.azoresawake.com is subject.

4. Purposes of processing

For what purposes do we process your personal data?

• Marketing and sales
• Client management and service delivery
• Accounting, tax and administrative management
• Compliance with legal obligations

In the course of its activity and within the scope of the services it provides, https://www.azoresawake.com may subcontract third parties to pursue the purposes mentioned above, which may involve access by those entities to clients' personal data. Where this happens, https://www.azoresawake.com takes appropriate measures so that the entities with access to the data offer the highest technical, organisational and human guarantees. Processors acting for https://www.azoresawake.com are bound, under the law and under a contract signed with https://www.azoresawake.com, to implement technical and organisational measures appropriate to protect personal data against accidental or unlawful destruction, dissemination, alteration, disclosure, unauthorised access and any other form of unlawful processing, and are bound by special duties of professional secrecy and confidentiality.

Outside those cases, https://www.azoresawake.com will only transmit clients' personal data to third parties when: (a) it is required to do so by law and strictly to the extent of those obligations; or (b) the client expressly and specifically authorises such transmission and is duly informed in writing of the recipients of the personal data and the purposes of the data transmitted.

How long is personal data processed and retained?

https://www.azoresawake.com processes and retains your personal data according to the purposes for which it is processed.

In some cases the law requires data to be processed and retained for a minimum period. Where there is no specific legal obligation, data is processed only for the period necessary to fulfil the purposes that motivated its collection and preservation, always in accordance with the law and with the guidance and decisions of the CNPD, the Portuguese data protection authority.

https://www.azoresawake.com will therefore process and keep your personal data for as long as a contractual relationship with you is maintained.

https://www.azoresawake.com may keep personal data for periods longer than the duration of the contractual relationship, whether on the basis of your consent, to safeguard rights or duties related to the contract, or because there are legitimate interests justifying it, but always for the period strictly necessary to fulfil those purposes and in accordance with the guidance and decisions of the CNPD.

5. Collection of personal data

We collect personal data with your consent when you purchase products or services from https://www.azoresawake.com. Collection may take place orally, in writing or through the online channels of https://www.azoresawake.com. Your personal information may also be collected from publicly accessible sources or other sources.

https://www.azoresawake.com only collects and processes clients' personal data with their express consent, in accordance with each specific purpose of the processing concerned, under the General Data Protection Regulation, implemented in the Portuguese legal order by Law no. 58/2019 of 8 August.

Consent given by clients may be withdrawn at any time.

There is, however, personal data that is indispensable for the provision of services by https://www.azoresawake.com. Clients are duly informed in advance of that need and of the consequences of not providing the data in question.

If personal data considered indispensable is not supplied by clients, or proves to be insufficient, incorrect or out of date, https://www.azoresawake.com will not be able to provide the contracted services, and clients assume full and exclusive responsibility for the insufficiency or inaccuracy of the data provided.

6. Data protection rights

Right of access

The right to obtain confirmation of which of your personal data is being processed and information about it, such as the purposes of the processing and the retention periods, among others.

Right to rectification

The right to request the rectification of personal data that is inaccurate, or to request that incomplete personal data be completed, such as your address, tax number, email or telephone contacts.

Right to erasure, the right to be forgotten

The right to obtain the erasure of your personal data where legally possible and provided there are no valid grounds for its retention, such as cases where the data must be kept to comply with a legal obligation.

Right to data portability

The right to receive the data you provided in a commonly used, machine-readable digital format, or to request the direct transmission of your data to another entity that becomes the new controller of your personal data.

Right to object and automated individual decisions

The right to object to processing or to withdraw your consent at any time, where legally possible, such as in the case of processing for marketing purposes.

Right to restriction

The right to request the restriction of the processing of your personal data, where legally possible, in the form of suspension of the processing, or limitation of the scope of the processing to certain categories of data or purposes.

Right to lodge a complaint

The right to lodge a complaint with the supervisory authority, the CNPD.

How can you exercise your rights?

Exercising your rights is free of charge, unless the request is manifestly unfounded or excessive, in which case a reasonable fee may be charged taking account of the costs. https://www.azoresawake.com must confirm proof of your identity and may request additional information necessary for that purpose. Requests will be answered within a maximum of 30 days, unless the request is particularly complex, in which case the 30-day period may be extended by up to 2 months.

Exercise your rights through the following addresses:

• Website: https://www.azoresawake.com
• Business: VAT 210068450, Patricia Tavares Carreiro da Câmara
• Address: Rua do Navio, 4-B, 1 Direito, 9545-140 Ponta Delgada
• Email: geral@azoresawake.com

7. Protection of personal data

How do we protect your personal data?

https://www.azoresawake.com applies the technical and organisational measures necessary to ensure that, by default, only personal data of clients that is necessary for each specific processing purpose is processed. Those measures are reviewed and updated periodically by the responsible department.

https://www.azoresawake.com has implemented the logical, physical, organisational and security measures that are appropriate, necessary and sufficient to protect your personal data against accidental or unlawful destruction, loss, alteration, dissemination or unauthorised access.

Whenever it is necessary to communicate clients' personal data to third parties, https://www.azoresawake.com ensures that: (a) the sharing of personal information complies with the legal rules in force; (b) the transmission is carried out securely; and (c) third parties are contractually bound to observe duties of confidentiality and secrecy and to ensure the security of the personal data communicated to them for that purpose, and may not use such data for any other purpose, for their own benefit or that of third parties, nor correlate it with other data available to them.