The Privacy Policy of TELMO DUARTE, S.A. has been revised in light of the entry into force of the General Data Protection Regulation (GDPR) on 25 May 2018.

The general aim of the GDPR is to establish a uniform framework for the protection and free movement of natural persons’ personal data throughout the European Union, which is applied consistently and ensures a balance between the rights of data subjects and other constitutionally enshrined rights.

A Law No 58/2019 of 8 August ensures the implementation, within the national legal system, of Regulation (EU) 2016/679 of the European 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, including, amongst many others, the following:

• Data portability and the right to erasure;
• Definition of special categories of personal data, such as biometric and health data;
• Obligation for data controllers and processors to carry out self-assessments;
• Certification mechanisms to verify the compliance of processing operations carried out by controllers and processors;
• Obligation to notify the CNPD in the event of a personal data breach;
• Requirement for public and private bodies to appoint a Data Protection Officer (DPO);
• Increase in the amount of fines.

This Privacy Policy may be revised as the applicable rules become clearer, at any time, without prior notice and, where applicable, with immediate effect.

The changes will be published on our website www.telmoduarte.com and, if necessary, we will ask you to confirm your understanding and consent.

Data Controller

• TELMO DUARTE, S.A – COMÉRCIO DE PEDRAS NATURAIS, S.A.,
• Sede: Estrada do Casal Selão, n.º 406, MOITA NEGRA
• 2495-676 FÁTIMA, PORTUGAL

Contacts:

• Site: www.telmoduarte.com
• Email: – rgpdados@telmoduarte.com
• Reports submitted via the Whistleblowing Channel must be sent anonymously (or not) – whichever the user prefers – to the following email address: denuncia@telmoduarte.com
• Tel.: +351 249 534 965 – Call to the national landline network
• Facebook
• Twitter
• Linkedin

TELMO DUARTE, S.A. website 

The TELMO DUARTE, S.A. website contains areas that are freely accessible and areas with restricted access, subject to users registering in advance and/or taking out a service. Use of the TELMO DUARTE, S.A. website is subject to prior agreement to and acceptance of the Terms and Conditions, of which this Privacy Policy forms an integral part.

Cookie Policy

The TELMO DUARTE, S.A. website uses cookies to collect and store information.

Cookies are text files that identify the website, assign a unique identifier to the user’s device – such as a computer or mobile phone – and can store information about how the website is used.

When you visit a website for the first time, cookies are sent to your device. The next time you visit the site, your device checks whether it has the cookie(s) from that site and sends this information to the site, indicating that this is not your first visit. This allows the site to be tailored to your personal preferences.

We use various types of cookies:

Essential: those that are necessary to access specific areas of the website, enable navigation on the website and the use of its applications, such as accessing secure areas of the website via login. Without these cookies, certain services cannot be provided.

Analytics: enable the collection of information regarding how a website is used, such as which pages are visited.

Functionality: enable website pages to remember the options selected by the user; in other words, they store your preferences regarding the use of the website.

Advertising: These are essential for displaying adverts to users, measuring the effectiveness of adverts and tailoring them to the user; however, on their own, they do not identify the user.

Social Media – ability to interact with social media, namely:

• Facebook;
• Linkedin;

Performance – required to monitor the user experience on the website, such as:

• Cloudflare;
• Plumbr.

The information generated by the use of cookies may be sent to third parties for the purpose of analysing trends, tracking browsing patterns and assessing their performance, without, however, identifying any individual.

You can always change your browser settings to block or delete cookies, or to be notified each time a new cookie is stored on your computer, so that you can decide whether to accept or reject it.

If you choose to block or delete cookies from the website www.telmoduarte.com , you may be unable to access the services provided on that website or your experience of using the website may be impaired.

Your consent applies to the following domains: telmoduarte.com

The list below details the cookies used on our website.

Cookie	Description
_ga	Google Analytics sets this cookie to calculate visitor, session and campaign data and to track website usage for the website’s analytics report. The cookie stores information anonymously and assigns a randomly generated number to identify unique visitors.
_ga_*	Google Analytics sets this cookie to store and count page views.
cookielawinfo-checkbox-advertisement	Set by the GDPR Cookie Consent plugin, this cookie records the user’s consent to cookies in the “Advertising” category.
cookielawinfo-checkbox-analytics	This cookie is set by the GDPR Cookie Consent plugin. The cookie is used to store the user’s consent for cookies in the “Analytics” category.
cookielawinfo-checkbox-functional	The cookie is set by the GDPR cookie consent tool to record the user’s consent to cookies in the “Functional” category.
cookielawinfo-checkbox-necessary	This cookie is set by the GDPR Cookie Consent plugin. Cookies are used to store the user’s consent for cookies in the “Necessary” category.
cookielawinfo-checkbox-others	This cookie is set by the GDPR Cookie Consent plugin. The cookie is used to store the user’s consent for cookies in the “Other” category.
cookielawinfo-checkbox-performance	This cookie is set by the GDPR Cookie Consent plugin. The cookie is used to store the user’s consent for cookies in the “Performance” category.
CookieLawInfoConsent	CookieYes sets this cookie to record the state of the default button for the relevant category and the GDPR status. It only works in conjunction with the primary cookie.
viewed_cookie_policy	This cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not the user has consented to the use of cookies. It does not store any personal data.

Principles Governing the Processing of Personal Data

Article 5 of the GDPR sets out the principles governing the processing of personal data, principles which TELMO DUARTE, S.A. has sought to comply with in drawing up this Privacy Policy and in implementing the procedures associated with such processing.

Lawfulness of Data Collection and Processing – TELMO DUARTE, S.A. collects data in connection with processes where at least one of the following situations applies:

• with the data subject’s consent for one or more specific purposes, as described at the time consent is sought;
• minors: TELMO DUARTE, S.A. does not ask the Data Subject for their age, but does ask them to confirm that they are over 16 years of age;
• for the performance of a contract to which the Data Subject is a party, either directly [Customer] or indirectly [User], for example, through a subscription to the service taken out by the organisation where the User works; however, in any case, the User may only use the service after having accepted the Terms and Conditions of Use for the product or service.
• in order to comply with the legal obligations to which it is subject;
• for the purposes of pursuing its legitimate interests, including, but not limited to, those relating to the analysis of website traffic.

Use of Data

TELMO DUARTE, S.A. uses the data it collects in accordance with the purpose and scope for which it was collected, as set out in the Principles on the Processing of Personal Data.

As a Customer or User, your data is processed in the following areas:

• For the fulfilment of all legal obligations arising from the contracting and use of the service or product to which they relate;
• For communications directly related to the contracting and provision of the service.

Disclosure of Personal Data to Third Parties

TELMO DUARTE, S.A. only discloses the personal data it collects to third parties in accordance with the principle of data minimisation set out in Article 6(1)(c) of the GDPR, and where it is technically or legally required to do so, including, but not limited to, the following situations:

• In processes relating to transactions, in particular those involving payments and/or the submission of invoices to the tax authorities;
• In communications, when using third-party services, for example, to send communications, in particular emails;
• In compliance with a legal obligation to respond to a request from a competent authority, such as regulatory bodies, criminal investigation agencies or courts;
• In order to act in the legitimate interests of TELMO DUARTE, S.A., to take or pursue legal action to defend its rights or to protect its customers and/or users.

Rights of Data Subjects

Withdrawal of Consent to Processing – the Data Subject may withdraw their consent at any time; however, TELMO DUARTE, S.A. may continue to process such data where:

• Were collected in connection with the conclusion of a contract;
• Are necessary for compliance with legal obligations;
• Are essential for verifying transactions;
• Where necessary in connection with measures to defend and/or protect the rights of TELMO DUARTE, S.A., its Customers and/or Users.

In any event, the withdrawal of consent to processing will, at the very least, serve as an expression of opposition to any form of processing that does not fall within the exceptions referred to above.

Security and Safeguarding

TELMO DUARTE, S.A. has implemented physical, IT and legal security measures to ensure the integrity of personal data and protect it against unauthorised access, use and disclosure.Access

The Data Subject has the right to obtain from TELMO DUARTE, S.A. confirmation as to whether or not their personal data is being processed and, if so, the right to access it and to be informed of the purposes of the processing to which it is subject, as well as any other information provided for under Article 15 of the GDPR.

Correction

The data subject has the right to have inaccurate data rectified in accordance with Article 16 of the GDPR.

Erasure (“right to be forgotten”)

The data subject has the right to request the erasure of their data, in accordance with Article 17 of the GDPR. The erasure shall take place without undue delay unless the retention of the data is necessary for one of the reasons set out in paragraph 3 of that Article, namely, but not limited to, where the data:

• Were collected in connection with the conclusion of a contract;
• Are necessary for compliance with legal obligations;
• Are essential for verifying transactions;
• Where necessary in connection with measures to defend and/or protect the rights of TELMO DUARTE, S.A., its Customers and/or Users.

Restriction of processing

The Data Subject has the right to request the restriction of their data in accordance with Article 18 of the GDPR. Restriction of processing may be used instead of erasure where erasure has been requested but cannot be carried out for one of the reasons described under ‘Erasure’ (‘right to be forgotten’).

Portability

The data subject has the right to receive their personal data from TELMO DUARTE, S.A. and to have that data transmitted to another controller in accordance with Article 20 of the GDPR.

Violation Notice

The data subject has the right to be notified in the event of a data breach likely to result in a high risk to their rights and freedoms, in accordance with Article 34 of the GDPR.

Disclaimer

TELMO DUARTE, S.A. shall not be held liable for any loss or damage in respect of civil liability (including, but not limited to, direct damages, loss of profits and non-pecuniary damages, whether caused directly or indirectly), arising as a result of the use, whether correct or incorrect, of its Services, websites and their respective content by the user, including unauthorised access to the user’s computer and IT system by third parties.

The information provided should be viewed purely as factual.

The services, websites and portals managed by TELMO DUARTE, S.A. contain content and services provided by third parties, and it is the responsibility of those third parties to keep such content and services up to date. Consequently, TELMO DUARTE, S.A. cannot be held liable for the complete accuracy and up-to-date nature of any information contained on its websites.

Websites may contain links to sites operated by third parties over which it has no control and for which it accepts no responsibility.

The fact that legal provisions are available on this website does not replace the need to consult the officially approved legal provisions in force, as published in their original editions and formats (namely the Diário da República or the Official Journal of the European Union).

Change to the security and privacy policy

These Terms and Conditions, which you should read carefully, may be amended; any such amendments shall take effect from the date of their publication on this website, with explicit reference to the date of the update.

Governing law and jurisdiction

These Terms and Conditions are governed by and construed in accordance with Portuguese law. The Court of Ourém shall have exclusive jurisdiction to settle any disputes arising from the interpretation and application of these Terms and Conditions.

Warning

In the event of a dispute, the consumer may refer the matter to an alternative dispute resolution body for consumer disputes: CNIACC – National Centre for Information and Arbitration on Consumer Disputes.

Rua D. Afonso Henriques, 1, 4700-030 Braga | Email: geral@cniacc.pt | Web: https://www.cniacc.pt/
Further information is available on the Consumer Portal: www.consumidor.pt
(Article 18 – Law No. 144/2015 of 8 September)