General Terms and Conditions and Privacy Policy

General Terms and Conditions and Privacy Policy

The General Terms & Conditions and Privacy Policy transcribed here relate to the websites of SUMOL+COMPAL, S.A., a company with its head office at Rua Dr. António João Eusébio, n.º 24, 2790-179 Carnaxide, corporate tax no. 500 277 486, registered under the same number at Cascais Commercial Registry (Conservatória do Registo Comercial de Cascais), with share capital of €50.202.550, hereinafter referred to as “SUMOL+COMPAL”.

- GENERAL TERMS AND CONDITIONS –
ACCESS TO THE WEBSITE AND ACCEPTANCE

By accessing the websites, you acknowledge and declare that you have read, understood and accepted these General Terms & Conditions (GT&Cs) governing the relationship between the visitor/user and SUMOL+COMPAL. If you do not accept the GT&Cs, you should not enter the websites.

SUMOL+COMPAL’s relationship with the users of its websites is also governed by other applicable legislation.

All information and content on the websites is intended for users’ personal and non-commercial use.

INTELLECTUAL PROPERTY

All texts, comments, projects, illustrations, works and images, as well as the commercial names, brands and distinctive symbols reproduced or represented on the SUMOL+COMPAL websites, are strictly reserved under copyright terms and industrial property rights for the entire world.

Reproduction or representation, partial or otherwise, of any distinctive signs or all or part of the details included therein, as well as the modification, copying, distribution, transmission, broadcast or publication thereof, are strictly forbidden without the authorisation of the rights holder.

Sharing of the contents of the websites does not imply, on the part of SUMOL+COMPAL, the renunciation, transfer or assignment, total or partial, of the rights derived from intellectual and industrial property, nor does it attribute the right to use, alter, exploit, reproduce, distribute or publicly communicate this content without the prior and express written authorisation of the respective holders of the rights mentioned.

The user is exclusively liable for the inappropriate use of materials protected by the intellectual and industrial property rights contained herein.

SUBMISSIONS

Any comments, suggestions, ideas, photographs or other information or material communicated to SUMOL+COMPAL through its own and third-party websites, electronic mail or in another form (“submissions”) may be used freely by SUMOL+COMPAL.

SUMOL+COMPAL may use the mentioned submissions freely, at no cost and with no restriction on time, territory, format or support for any purpose, commercial or otherwise, and may disseminate, modify, or reproduce them, or make any other direct or indirect use of them.

SUMOL+COMPAL is not obliged to treat any submission as confidential and is not liable for any similarity between the submission and SUMOL+COMPAL’s future activities or initiatives.

The user acknowledges liability for their submissions and declares that they do not contain any content which is illegal, immoral, discriminatory or offensive to common decency, and that they are the holder of the respective intellectual property rights. SUMOL+COMPAL does not verify whether submissions violate third-party intellectual property rights. The visitor/user is solely liable for any infringement of said rights and shall compensate SUMOL+COMPAL for any damages it may suffer and/or reimburse SUMOL+COMPAL for any compensation it may be ordered to pay.

SUMOL+COMPAL may remove any submissions from its websites and may also refuse to publish or edit them when inappropriate or non-compliant with the GT&Cs.

JURISDICTION

This website is controlled and operated from Portugal.

These GT&Cs and the Privacy Policy (PP) below are governed by Portuguese law.

SUMOL+COMPAL provides no guarantee with regard to the suitable or acceptable use of the content on its websites in any jurisdiction other than Portugal.

For any issues relating to the interpretation of these GT&Cs or the PP that follows, as well as litigation between SUMOL+COMPAL and the user, the Lisbon District Court (Comarca de Lisboa) shall be deemed competent.

LIABILITY EXCLUSION

SUMOL+COMPAL cannot be deemed liable for any personal losses or damages as a result of any failure of performance, error, omission, interruption, defect, delay in transmission, computer virus or telecom systems failure. SUMOL+COMPAL also cannot be deemed liable for any personal losses or damages caused by damages stemming from the use of the contents, or inability to use, its websites.

VARIOUS PROVISIONS

SUMOL+COMPAL may amend these GT&Cs and PP at any moment by updating this page. The visitor/user should consult the GT&Cs frequently to inform themselves about any amendments.

SUMOL+COMPAL websites may contain links to third-party websites that are not maintained by SUMOL+COMPAL and for whose content it is not liable, access to which is at the user’s expense and risk.

CONTACT DETAILS

For any questions relating to the GT&Cs herein, please contact:

SUMOL+COMPAL

Rua Dr. António João Eusébio, 24
2790-174 Carnaxide
Central telephone number: 214 243 500
Customer support: 800 207 264
Client support: 808 200 232
E-mail: consumidor@sumolcompal.pt

- PRIVACY POLICY -
SCOPE

The SUMOL+COMPAL Privacy Policy (PP) covers the family of companies under Grupo SUMOL+COMPAL and is based on the principles set out below.

PRIVACY STATEMENT

SUMOL+COMPAL is committed to protecting the privacy of its clients and suppliers and the users of the different websites owned by the various Grupo SUMOL+COMPAL companies and brands.

It has therefore drafted this PP in the aim of showing its commitment and respect for the rules of privacy and its compliance with all legal provisions in force relating to personal data protection, specifically those in the General Data Protection Regulation (GDPR).

The rules set out in this PP supplement the provisions on personal data protection and processing provided for in agreements signed with the various Grupo SUMOL+COMPAL companies, as well as the rules set out in the Terms & Conditions of Pastimes and Campaigns duly publicised on the websites of the SUMOL+COMPAL brands and the General Terms & Conditions of use for the various websites of SUMOL+COMPAL Brands.

DATA PROTECTION OFFICER

Without prejudice to the contents of this Policy, SUMOL+COMPAL is the entity responsible for processing the personal data of its clients and/or potential clients. It is therefore available to provide any information or clarify any question on the collection, processing and protection of their personal data and the rights they hold as data subjects, for which questions may be submitted to:

SUMOL+COMPAL Marcas, S.A.
Data Protection Officer
R. Dr. António João Eusébio, n.º 24, 2790-179 Carnaxide
Telephone: +351 214200082
Email address:  privacidade@sumolcompal.pt

DATA COLLECTION

This Policy covers SUMOL+COMPAL’s online and offline personal data collection activities via its websites, apps, third-party social media, customer support services, sales points and events.

Personal data will be collected directly from the respective data subject, with SUMOL+COMPAL always ensuring prior consent is obtained and all legally required information is provided. When data is collected under a legal obligation or in compliance with a contract, this consent may not be necessary.

Provision of some personal data is obligatory and, where this data is missing or incomplete, SUMOL+COMPAL may not provide the product or service in question. Clients will therefore be informed that supplying the data is obligatory.

PERSONAL DATA SOURCES

The PP applies to all personal data collected by SUMOL+COMPAL from its clients or users from the following sources:

a) Grupo SUMOL+COMPAL company websites, including the mini-websites accessible through third-party social media, such as Facebook;

b) Mobile apps targeted at SUMOL+COMPAL customers;

c) Email, text messages and/or electronic messages exchanged with SUMOL+COMPAL customers;

d) Entry forms for competitions and/or pastimes promoted by SUMOL+COMPAL;

e) Interactions with adverts for SUMOL+COMPAL products on its own and third-party websites;

f) Data created during interactions between SUMOL+COMPAL and its customers such as records of sales on the www.saborista.pt website (“Saborista”);

g) Data from third-party social media/websites (Facebook, Google) or market research.

PERSONAL DATA

The GDPR defines “Personal Data” broadly as “information relating to an identified or identifiable individual”. An identifiable person is one who can be identified, directly or indirectly by, for example, name, identification number, location data, electronic tag or other detail allowing this person to be identified (“Data Subject”).

Personal data collected by SUMOL+COMPAL depends on the type of interaction with its customers or visitors to its websites, in particular:

a) Personal contact data: name, address, phone no, email, social media profiles;

b) Account access information: any information necessary to access its users’ profiles, namely login ID/email address, user name and user-supplied unrecoverable password and/or security Q&As;

c) Demographic data and interests: date of birth, age or age group, sex, postcode, favourite products, hobbies, interests and family and lifestyle information;

d) Technical information on the access devices used by visitors: (i) Computer: information about the IT system or other tech devices used to access SUMOL+COMPAL websites or apps, such as the IP, type of operating system and Internet browser; (ii) mobile devices: exclusive device ID, identification of the advertising, geolocation and other similar data when duly authorised by the data subjects;

e) Information on the use of websites/communications: when the data subject navigates and interacts with SUMOL+COMPAL websites or newsletters, the latter uses automatic data collection technologies to gather certain information about the data subject’s actions. This includes information about the links clicked on, the pages or content viewed for however long and other similar information and statistics about their interactions, such as page response times, download errors, length of visits to pages and information collected through the use of third-party website or social media tracking. This information is collected by using automatic technology such as cookies and tracking pixels. The data subject can oppose the use of these technologies under the terms of this PP;

f) Data subject (customer) market research and feedback: any information voluntarily shared with SUMOL+COMPAL on the experience of using the respective products;

g) Content created by the data subjects: any content created and shared by the data subjects with SUMOL+COMPAL, whether on third-party social media or sent directly to SUMOL+COMPAL websites and apps, including the use of third-party social media apps such as Facebook. Examples can include: photos, videos, personal stories or other similar media and content. When consent is given, SUMOL+COMPAL may collect and publish content created by the data subject;

h) Third-party social media information: any information the data subject shares publicly on third-party social media or information that is part of their profile on that same social media and which the data subject allows this media to share with SUMOL+COMPAL, specifically the name, email address, sex, birth date, place of residence (city), profile photo, user ID, list of friends, etc. and any other information or activities the data subject allows to be shared.

COOKIES AND OTHER TECHNOLOGIES WE USE ON OUR WEBSITES

We use cookies, registry files and tracking pixels on our websites.

a) Cookies: consult our Cookies Policy to see what cookies we use, their respective purpose and how to manage your definitions and preferences;

b) Registry files: these files register activity on our websites and collect statistical data on users’ browsing habits. They help us to correct errors, improve performance and maintain our websites’ safety requirements;

c) Tracking pixels: these are short sequences of code that load a graphic on a website or email in the aim of returning information to SUMOL+COMPAL. The information collected via a tracking pixel includes the IP address and details about how our clients respond to an email campaign (when an email client is opened, what links the user interacts with, etc.). The aim of these tracking pixels includes but is not limited to: website traffic reports, visitor counting, email reports, advertising and personalisation.

PURPOSES OF PERSONAL DATA PROCESSING

Without prejudice to compliance with laws relating to data preservation and transmission, SUMOL+COMPAL only processes data necessary to comply with the purpose for which it is collected. When obtaining consent, clients, suppliers and users of Grupo SUMOL+COMPAL’s various company and brand websites are informed about the purpose of collection and more detailed information provided to them about how their data will be used by SUMOL+COMPAL.

SUMOL+COMPAL usually collects personal data for the purposes of marketing (development of pastimes and campaigns), sending of prizes, supply of products, customer service, management of the contractual relationship, provision of contracted services, suitability of the services to the client’s needs and interests, adaptation of products to the client’s needs, informative actions or even for Q&As submitted by clients to SUMOL+COMPAL or other communications that it triggers.

SUMOL+COMPAL uses data subjects’ personal data when they interact with third-party social media tools, such as the “Like” function to send adverts to clients and interact with them through said third-party social media, in the aim of (i) ascertaining which products and/or services SUMOL+COMPAL offers and if they are of interest to the client and (ii) to define the types of client for new products and services.

To learn more about how these tools work, what profile data SUMOL+COMPAL processes and how to deny consent, consult the privacy policies of the respective third-party social media.

Data may also be requested for other purposes, such as sending complaints and suggestions or for disseminating the Group’s institutional information.

It should be noted that under the GDPR, there must be at least one legal justification for the use of personal data. As far as SUMOL+COMPAL is concerned, this use takes place in the following situations: (a) processing is based on the subject holder’s consent to the purpose (this consent can be removed at any time); (b) it is needed to enter into a contract with the data subject or for the execution thereof; (c) it is needed to comply with the legal obligations SUMOL+COMPAL is subject to; (d) it is needed to achieve a legitimate interest and SUMOL+COMPAL’s motives prevail over the data protection rights of the respective subjects; (e) it was needed to state, exercise or defend a right in judicial proceedings.

USE OF THE SUMOL+COMPAL BRAND WEBSITES

By providing SUMOL+COMPAL with their data, the client or user consents to its processing in accordance with this PP. Without prejudice, SUMOL+COMPAL ensures it will respect the ways in which consent is obtained and provide all legally required information.

Personal data collected through use of the various SUMOL+COMPAL brand websites is processed by computer and in strict compliance with personal data protection laws. It is stored on a specific database and, under no circumstances, is the data used for any purpose other than that for which the data subject gave consent.

PREROGATIVE OF THE PERSONAL DATA SUBJECTS

The personal data subjects have the following prerogatives with regard to data processing for which SUMOL+COMPAL is responsible:

a) Cookies and similar technology: our clients and users give their consent through: i) consent management solutions provided by SUMOL+COMPAL on its websites; ii) their browser (see the Cookies Policy).

b) Advertising, marketing and promotions: the client or user may give their consent to SUMOL+COMPAL to process their personal data to promote products or services via the respective check boxes on the registration forms. If the client or user decides to remove their consent or stop receiving notifications, they may do so at any time by following the instructions. To stop receiving marketing notifications, including on third-party social media, the client or user may deactivate them at any time via the respective website, app, third-party social media or by directly contacting SUMOL+COMPAL. We note that, even when consent for marketing campaigns is removed, you may still receive operational notifications from SUMOL+COMPAL, such as order confirmations or other account transactions or notifications (confirmations, password changes, etc.).

RIGHTS OF THE PERSONAL DATA SUBJECTS

By law, the data subject is guaranteed the following rights: right of access, rectification, limitation or opposition, portability, forgetting, opposition to automated decisions and profile definitions.

SUMOL+COMPAL ensures that subjects of legally collected data may exercise the rights referred to. In particular, it should be noted that SUMOL+COMPAL guarantees that the data subject may at any moment oppose the processing of their data and/or require the respective forgetting.

Without prejudice to the exercise of the respective subject’s rights, the right to forgetting may only be exercised when (i) the data is no longer necessary for the purpose it was processed for (when its processing period ends), (ii) the subject removes their consent, (iii) the subject validly opposes processing and no overriding legitimate interests exist to justify processing, (iv) the data is processed illegally or must be erased by law, or (v) they relate to children under the age of 16, insofar as consent was not given or authorised by those with parental responsibilities for the minor.

You may exercise any of your rights via the email privacidade@sumolcompal.pt or via the other contacts provided by SUMOL+COMPAL referred to above.

It should also be noted that data subjects have the right to present a complaint to the National Data Protection Agency (CNPD) (www.cnpd.pt).

DURATION OF PERSONAL DATA PRESERVATION

The period during which data is stored and preserved varies according to the purpose for which it is processed.

Where no specific legal requirement exists, data is stored and preserved for the minimum period necessary for the purposes behind its collection and later processing or, if the case be, for the period authorised by the CNPD or ICP-ANACOM. Once the maximum period of preservation is reached, your personal data is irreversibly anonymised (which may then be preserved) or securely destroyed.

Where legal requirements exist obliging preservation of data for a minimum period, data will be kept for the period therein.

PERSONAL DATA SECURITY MEASURES

SUMOL+COMPAL is committed to protecting the safety of the personal data provided to it, having approved and implemented strict rules in this area.

SUMOL+COMPAL has adopted various safety measures, technical and organisational, to protect personal data against its dissemination, loss, inappropriate use, alteration, processing or unauthorised access, and any other form of unlawful processing.

We highlight the following measures: a) facilities security: entry into facilities (including those of subcontractors) is restricted to staff and, in exceptional cases, individuals duly authorised by SUMOL+COMPAL; b) surveillance cameras to ensure the physical safety of staff and documents; c) access to IT systems protected by login and password with different levels of security that have to be periodically changed; d) personal data collection forms obliging encrypted browser sessions; e) access by passwords, shared files referring to each subject and physical files with limited access.

It should be noted that all personal data obtained is stored securely on SUMOL+COMPAL’s systems.

SUMOL+COMPAL will ensure compliance with its notification obligations, in legal terms, in the event of loss or misuse of personal data it is responsible for processing.

DATA SHARING

SUMOL+COMPAL employees have access to the data they need to comply with the contractual/pre-contractual and legal enquiries or obligations. In the possible occasional event that other Grupo SUMOL+COMPAL companies may be responsible for processing, information on this fact will be provided whenever justified.

Personal data collected may also be shared with subcontractors who will be partly or totally responsible for the purposes for which it was collected. Personal data collected with subcontractors may also be shared for the purposes of housing and managing equipment and IT systems.

In these cases, SUMOL+COMPAL is committed to ensuring its security and privacy policy with these entities via their careful selection and by guaranteeing that subcontractors respect the rules imposed by the applicable legislation with regard to data protection procedures, as well as guaranteeing the personal data subjects’ rights in question.

Finally, SUMOL+COMPAL may also share its data with the Department of Finance (Autoridade Tributária) and regulatory or judicial bodies when legally required.

AMENDMENTS TO THE SUMOL+COMPAL PRIVACY POLICY

SUMOL+COMPAL reserves the right to readjust or amend this Privacy Policy at any time, said amendments being duly communicated on the various websites of the companies and brands of Grupo SUMOL+COMPAL.

This Privacy Policy will be periodically reviewed to ensure it is always suited and adapted to the highest standards with regard to data protection.

Use of the services after these amendments implies acceptance of the Privacy Policy and future updates.