Legal information

Loja dos Autores is owned by PERFIL CRIATIVO, LDA (NIF:506.932.265), based in Portugal, at Avenida da Liberdade, nº 129 B, 1250-140 Lisboa. This store was developed by BySetup-network.

General Conditions of Sale

Updated on 12/2/2021

A. GENERAL

1.1. COLLECTION AND PROCESSING OF CUSTOMER DATA

As part of its commercial activity in profile creative lda, based at Avenida da Liberdade, nº 129 B, 1250-140 Lisboa, under the unique registration number and legal person 506932265, asks the client to provide a set of personal data, which allow PERFIL CRIATIVO LDA to identify him and, or contact him (personal data).

The personal data collected and processed consists of information relating to name, gender, date of birth, telephone, mobile phone, email address, tax identification number.

Through this Privacy Policy, PERFIL CRIATIVO LDA provides the customer and Data Subject (hereinafter referred to as the Data Subject) with detailed information about the nature of the data collected, the purpose and the processing that will be carried out in relation to the personal data, as well as the information mentioned in clause 7.

PERFIL CRIATIVO LDA also collects on this website and treats information about your hardware and software, as well as information about the pages visited by the Owner within the website. This information may include: your browser type, domain name, access times and links through which the Card Holder accessed the website. We use this information only to improve the quality of your visit to our website.

Usability Information and personal data are designated in this Privacy Policy as "Data of the Holder".

1.2. DATA COLLECTION CHANNELS

PERFIL CRIATIVO LDA may collect data directly (i.e., directly from the Card Holder) or indirectly (i.e., through partner entities or third parties). Collection can be done through the following channels:

  • Direct collection :in person, by phone, by e-mail and through this website;
  • Indirect collection:through partners or group companies and official entities.


2. GENERAL PRINCIPLES APPLICABLE TO THE PROCESSING OF USER DATA

In terms of general principles relating to the processing of personal data, PERFIL CRIATIVO LDA undertakes to ensure that the Data Subject itself is:

  • Subject to lawful, fair and transparent treatment in relation to the Holder;
  • Collected for specific, explicit and legitimate purposes and subsequently not treated in a manner incompatible with those purposes;
  • appropriate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
  • accurate and up-to-date where necessary, and all appropriate measures are taken so that inaccurate data, taking into account the purposes for which they are processed, are deleted or rectified without delay;
  • Kept in a way that allows the identification of the Holder only for the period necessary for the purposes for which the data are processed;
  • Treated in a way that guarantees their safety, including protection against their unauthorised or unlawful treatment and against their accidental loss, destruction or damage, and appropriate technical or organisational measures are adopted.


The Data of the Holder is collected and processed by PERFIL CRIATIVO LDA in the following main situations:

  • For the performance of a contract to which the Holder is a party, or for pre-contractual due diligence at the request of the Holder;
  • For the purpose of the legitimate interests pursued by PERFIL CRIATIVO LDA or by third parties in the context of the relevant relationship established with the Client, without prejudice to the fundamental rights and freedoms of the Holder and the right of opposition provided for in clause 13.


The Data Holder may also be collected and processed by PERFIL CRIATIVO LDA if:

  • The processing is necessary for the fulfilment of a legal obligation to which THE CREATIVE PROFILE LDA is subject;
  • Treatment is necessary for the defense of the vital interests of the Holder or of another natural person.


In the event of none of the above situations, the Data of the Holder may only be collected and processed if the Holder has given his/her explicit consent to the processing of the Data of the Holder for one or more specific purposes.

PERFIL CRIATIVO LDA undertakes to ensure that the processing of the Data of the Holder is only done under the above conditions and with respect to the above principles.

When the processing of the Data Holder is carried out by PERFIL CRIATIVO LDA based on the consent of the Holder, the Holder has the right to withdraw his consent at any time. The withdrawal of consent, however, does not compromise the lawfulness of the treatment carried out by PERFIL CRIATIVO LDA on the basis of the consent previously given by the Holder.

In the context of the processing of the Data Holder, PERFIL CRIATIVO LDA uses or may use third parties, by themselves subcontractors, to, on behalf of THE CREATIVE PROFILE LDA, and in accordance with the instructions given by the Holder, to proceed to the processing of the Data Holder, in strict compliance with the provisions of the law and this Privacy Policy. These subcontracted entities may not transmit the Data of the Holder to other entities. PERFIL CRIATIVO LDA undertakes to subcontract only entities that provide sufficient guarantees for the implementation of appropriate technical and organizational measures, in order to ensure the defense of the Rights of the Holder. All entities subcontracted by PERFIL CRIATIVO LDA are bound by a written contract in which, inter alia, the object and duration of the processing, the nature and purpose of the processing, the type of personal data, the categories of data subjects and the rights and obligations of the parties are regulated.

The Data Of The Holder collected by PERFIL CRIATIVO LDA is not shared with third parties without the consent of the Holder, except for the situations referred to in the following paragraph. However, in the event that the Holder hires with PERFIL CRIATIVO LDA services that are provided by other entities responsible for the processing of personal data, the Data of the Holder may be consulted or accessed by these entities, to the extent that this is necessary for the provision of such services.

Under the applicable legal terms, PERFIL CRIATIVO LDA may transmit or communicate the Data of the Holder to other entities in case such transmission or communication is necessary for the performance of the contract established between the Holder and THE CREATIVE PROFILE LDA, or for pre-contractual steps at the request of the Holder, in case it is necessary for the fulfillment of a legal obligation to which the Creative PROFILE LDA is subject or in case it is necessary for the purpose of the continuation legitimate interests of CREATIVE PROFILE LDA or third party. In the event of a transmission of The Data Subject to third parties, we will use the efforts considered reasonable for the transmitter to use the Data Of the Holder transmitted in accordance with our Privacy Policy.

The length of time during which the data is stored and stored varies according to the purpose for which the information is processed.

In fact, there are legal requirements that require the data to be kept for a minimum period of time. Thus, and where there is no specific legal requirement, the data will be stored and stored only for the minimum period necessary for the purposes that motivated its collection or subsequent processing, having as a maximum the ordinary limitation period provided for in civil law, after which they will be eliminated.

3. USE AND PURPOSES OF THE PROCESSING OF USER DATA

In general terms, THE CREATIVE PROFILE LDA uses the Data of the Holder for the following purposes:

  • Management of contacts with the Holder;
  • Billing and collection to the Card Holder;
  • Compliance with the policy of exchanges and returns of PERFIL CRIATIVO LDA;
  • Compliance with legal obligations, including tax;
  • Recording of telephone calls that may be made in the context of the contractual relationship, either at the stage of formation of the contract or during its validity.


4. TECHNICAL, ORGANISATION AND SECURITY MEASURES

To ensure the security of the Data Subject and maximum confidentiality, we treat the information you have provided to us in an absolutely confidential manner, in accordance with our internal security and confidentiality policies and procedures, which are updated periodically as required, as well as in accordance with the terms and conditions legally provided.

Depending on the nature, scope, context and purposes of the processing of the data, as well as the risks arising from the processing of the rights and freedoms of the Holder, THE CREATIVE PROFILE LDA undertakes to apply, both at the time of definition of the means of processing and at the time of the processing itself, the technical and organizational measures necessary and appropriate to the protection of the Data Holder and the fulfillment of legal requirements.

It also undertakes to ensure that, by default, only the data that are necessary for each specific purpose of the processing are processed and that such data are not made available without human intervention to an indeterminate number of persons.

5. DATA TRANSFER OUTSIDE THE EU

Personal data collected and used by PERFIL CRIATIVO LDA are not provided to third parties established outside the European Union. If, in the future, this transfer occurs for the above reasons, CREATIVE PROFILE LDA undertakes to ensure that the transfer complies with the applicable legal provisions, in particular as regards the determination of the suitability of that country with regard to data protection and the requirements applicable to such transfers.

6. USE OF COOKIES

Cookies are small information files that are sent to your computer or mobile phone when you visit a website. Cookies are sent back to the source website on each subsequent visit or to another website that recognizes that cookie. Cookies are useful because they allow a website to recognize the user's device, allowing them to efficiently navigate the pages, also remembering their preferences and generally improving the user experience.

Some of the cookies issued by the server will only last the duration of the session and will expire when you close your browser.


B. USERS' RIGHTS (DATA SUBJECTS)

7. RIGHT TO INFORMATION

Through this Privacy Policy, PERFIL CRIATIVO LDA provides the Holder with the following information about the purpose and processing that will be carried out in relation to personal data:

  • The contacts of PERFIL CRIATIVO LDA are those indicated on this website;
  • The legal basis and purposes of the processing for which the personal data are intended are those mentioned in clauses 2 and 3 above;
  • The recipients of the Personal Data are those mentioned in clause 2;
  • Personal Data will be stored and stored only for the minimum period necessary for the purposes that motivated its collection or subsequent processing, having as a maximum the ordinary period of ordinary limitation provided for in civil law, after which they will be eliminated;
  • The Holder has the right to request the CREATIVE PROFILE LDA access to the Personal Data and its rectification, as well as the right to owe its processing or to request the portability, the payment or limitation thereof, in the cases and terms provided for in clauses 8 and following of this Privacy Policy;
  • Where the processing of the data collected is based on the consent of the Holder, the Holder has the right to withdraw consent at any time, without compromising the lawfulness of the processing carried out on the basis of the consent previously given;
  • The Holder has the right to lodge a complaint with the National Data Protection Commission (CNPD);
  • In the event that the Data of the Holder is not collected directly by PERFIL CRIATIVO LDA from the Holder, in addition to the information referred to above, the Data Subject shall be informed about the categories of personal data processed and, as well, about the origin of the data and, where appropriate, whether they come from sources accessible to the public;
  • If PERFIL CRIATIVO LDA intends to proceed with the subsequent processing of the Data Holder for an purpose other than that for which the data were collected, before such processing THE CREATIVE PROFILE LDA will provide the Holder with information about that purpose and any other relevant information, in the above mentioned terms.


8. RIGHT OF ACCESS TO PERSONAL DATA

PERFIL CRIATIVO LDA guarantees the means that allow the Holder to access his/her personal data.

The Holder has the right to obtain from PERFIL CRIATIVO LDA the confirmation that the personal data concerning him or her are or are not processed and, where appropriate, the right to access his personal data and the information provided for in clause 7 above.

Upon request, PERFIL CRIATIVO LDA will provide the Holder, free of charge, with a copy of the Data Holder's data that is in the process of being processed. The provision of other copies requested by the Holder may incarnate administrative costs.

9. RIGHT OF RECTIFICATION OF PERSONAL DATA

The Holder has the right to request, at any time, the rectification of his/her personal data and, as well, the right to complete his/her incomplete personal data, including by means of an additional statement.

In case of rectification of the data, PERFIL CRIATIVO LDA shall communicate to each recipient to whom the data have been transmitted to the respective rectification, unless such communication proves impossible or involves a disproportionate effort for THE CREATIVE PROFILE LDA .

10. RIGHT TO THE PAYMENT OF PERSONAL DATA ("RIGHT TO BE FORGOTTEN")

The Holder has the right to obtain, by the Creative PROFILE LDA, the payment of his data when one of the following reasons applies:

  • The Data Holder is no longer necessary for the purpose that motivated its collection or processing;
  • The Data Subject withdraws the consent on which the processing of the data is based and there is no other legal basis for such processing;
  • The Holder has exercised the right of opposition provided for in clause 13 and there are no prevailing legitimate interests justifying the processing;
  • If the Data Of The Holder is treated unlawfully;
  • If the Data of the Holder must be deleted in order to comply with a legal obligation to which the CREATIVE PROFILE LDA is subject.


Under the applicable legal terms, PERFIL CRIATIVO LDA is not obliged to delete the Data of the Holder to the extent that the processing proves necessary for the performance of a contract in which the data subject is a party or to the fulfillment of a legal obligation to which THE CREATIVE PROFILE LDA is subject or for the purpose of declaration, exercise or defense of a right of THE CREATIVE PROFILE LDA in a judicial process.

In the event of data being resumed, PERFIL CRIATIVO LDA shall communicate to each recipient/entity to whom the data has been transmitted the respective payment, unless such communication proves impossible or involves a disproportionate effort for THE CREATIVE PROFILE LDA .

When CREATIVE PROFILE LDA has made the Data of the Holder public and is obliged to delete them under the right to erasure, PERFIL CRIATIVO LDA undertakes to ensure the reasonable measures, including technical, taking into account the available technology and the costs of its application, to inform those responsible for the effective processing of personal data that the Holder has requested the erasure of the links to such personal data , as well as copies or reproductions thereof.

11. RIGHT TO LIMITATION OF THE PROCESSING OF PERSONAL DATA

The Holder has the right to obtain, on the part of THE CREATIVE PROFILE LDA, the limitation of the processing of the Data of the Holder, if one of the following situations applies (the limitation is to insert a mark in the personal data retained in order to limit its processing in the future):

  • If you dispute the accuracy of the personal data, for a period that allows THE CREATIVE PROFILE LDA to verify its accuracy;
  • If the processing is unlawful and the Holder opposes the erasure of the data, requesting, on the other hand, the limitation of its use;
  • If CREATIVE PROFILE LDA no longer needs the Data of the Holder for processing purposes, but such data is required by the Holder for the purpose of declaration, exercise or defense of a right in a judicial process;
  • If the Holder has opposed the treatment, until it is found that the legitimate reasons of the Creative PROFILE LDA prevail over those of the Holder.



Where the Data Of The Holder is subject to limitation, may only, with the exception of retention, be processed with the consent of the Holder or for the purpose of declaration, exercise or defense of a right in a judicial proceedings, the defense of the rights of another natural or legal person, or for reasons of public interest legally provided.

The Holder who has obtained the limitation of the processing of his data in the above cases will be informed by PERFIL CRIATIVO LDA before the limitation to the processing is annulled.

In case of limitation of the processing of the data, PERFIL CRIATIVO LDA will communicate to each recipient to whom the data have been transmitted the respective limitation, unless such communication proves impossible or involves a disproportionate effort for THE CREATIVE PROFILE LDA.

12. RIGHT OF PORTABILITY OF PERSONAL DATA


The Holder has the right to receive the Personal Data concerning him and which he has provided to PERFIL CRIATIVO LDA, namely those identified in clause 1.1, in a structured format, commonly used and automatic reading, and the right to transmit such data to another controller, if:

  • The processing is based on the consent or a contract to which the Holder is a party; And
  • The treatment is carried out by automated means.


The right of portability does not include inferred data or derived data, i.e., personal data that are generated by PERFIL CRIATIVO LDA as a consequence or result of the analysis of the data processed, but only the personal data that the Holder legally has transferred.

The Holder has the right to have personal data transmitted directly between those responsible for the processing, whenever technically possible.

13. RIGHT OF OPPOSITION TO TREATMENT

The Holder has the right to owe the processing of personal data at any time.

PERFIL CRIATIVO LDA will cease the processing of the Data Holder, unless it presents compelling and legitimate reasons for such processing that prevail over the interests, rights and freedoms of the Holder, or for the purpose of declaration, exercise or defense of a right of THE CREATIVE PROFILE LDA in a judicial process.

If the Holder objects to the processing of his data for the purposes of direct marketing, PERFIL CRIATIVO LDA ceases the processing of the data for this purpose.

The Holder also has the right not to be subject to any decision taken solely on the basis of automated processing, including profiling, which has effects in his legal sphere or affects him significantly in a similar manner, unless the decision:

  • It is necessary for the conclusion or performance of a contract between the Holder and THE CREATIVE PROFILE LDA;
  • It is authorized by legislation to which THE CREATIVE PROFILE LDA is subject; Or
  • It is based on the explicit consent of the Holder.


14. PROCEDURES FOR THE EXERCISE OF RIGHTS BY THE USER

The right of access, the right of rectification, the right of payment, the right to limitation, the right of portability and the right to opposition may be exercised by the Holder by contact with PERFIL CRIATIVO LDA, through the email rgpd@perfilcriativo.net.

PERFIL CRIATIVO LDA will respond in writing (including by electronic means) to the Holder's request within a maximum of one month from receipt of the request, except in cases of particular complexity, where that period may be extended up to two months.

If the requests made by the Holder are manifestly unfounded or excessive, in particular because of their repetitive nature, PERFIL CRIATIVO LDA reserves the right to charge administrative costs or refuse to comply with the request.

15. PERSONAL DATA BREACHES

In the event of a data breach and to the extent that such breach is likely to entail a high risk to the rights and freedoms of the Data Subject, PERFIL CRIATIVO LDA undertakes to report the personal data breach to the Data Subject within 72 hours of knowledge of the incident.

Under legal terms, communication to the Card Holder is not required in the following cases:

where CREATIVE PROFILE LDA has applied appropriate protection measures, both technical and organisational, and such measures have been applied to personal data affected by the breach, especially measures that make personal data incomprehensible to any person not authorized to access such data, such as encryption;
Where CREATIVE PROFILE LDA has taken subsequent measures to ensure that the high risk to the rights and freedoms of the Holder is no longer likely to materialise; Or
If the communication to the Card Holder implies a disproportionate effort for the Creative PROFILE LDA. In this case, THE CREATIVE PROFILE LDA will make a public communication or take a similar measure through which the Holder will be informed.


C. FINAL

16. CHANGES TO THE PRIVACY POLICY

PERFIL CRIATIVO LDA reserves the right to change this Privacy Policy at all times. In case of modification of the Privacy Policy, the date of the last change, available at the top of this page, is also updated. If the change is substantial, a notice will be placed on this website.

17. APPLICABLE LAW AND FORUS

The Privacy Policy, as well as the collection, processing or transmission of Data of the Data Subject, are governed by the provisions of Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 and by the legislation and regulations applicable in Portugal.

Any disputes arising from the validity, interpretation or enforcement of the Privacy Policy, or which are related to the collection, processing or transmission of Data of the Holder, shall be submitted exclusively to the jurisdiction of the judicial courts of the District of Lisbon, without prejudice to the applicable mandatory legal rules.

Information on conflict resolution pursuant to Article 14, paragraph 1 of the RCO (Regulation on Online Dispute Resolution):

The European Commission gives consumers the opportunity to resolve online disputes pursuant to Article 14(1) of the RCO (Regulation on Online Conflict Resolution) on one of its platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a website where consumers can try to reach an out-of-court settlement in relation to conflicts of online shopping and service contracts.