Privacy Statement
Last updated: 1 June 2020
1. Introduction
Legau (“we”, “us”, or “our”) is the owner of this Privacy Statement which describes how we handle personal information that you may provide to us for your use of our software as a service (“SaaS”) solutions, as specified below. We respect your privacy and we are fully committed to safeguarding your personal data under the Data Protection Legislation (as defined below).
When you use our SaaS solutions, enter into any transaction with us or contact us through our SaaS solutions, email or other communication channel, we may obtain personal data about you in the capacity of data controller. This means that we are responsible for processing your personal data and deciding how to use it. We will process such personal data in accordance with the Data Protection Legislation (as defined below) and with this Privacy Statement, as amended from time to time, and any applicable provision as may be individually agreed.
It is important that you read this Privacy Statement, as well as any other data protection rules or policies we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This Privacy Statement supplements other notices and privacy policies and is not intended to override them.
In this policy you can find more about:
- How we collect your personal data;
- What personal data we collect;
- Why we need your personal data;
- When we share your personal data;
- How we protect your personal data; and
- How you exercise your data subjects rights.
For the purpose of this Privacy Statement, the words “personal data”, “processor”, “processing” and “controller” shall be interpreted pursuant to the General Data Protection Regulation, Law no. 58/2019, of 8 August, and any other laws, regulations and guidance from any competent data protection supervisory authority relating to the processing of personal data and privacy which apply in Portugal (together, the “Data Protection Legislation”).
2. How your personal data is collected
We use different methods to collect data from and about you including through:
Direct interactions: You may provide us your data by filling in forms in our Website or by corresponding with us by email, phone, post or otherwise. This includes personal data you provide when you:
- Request updates or marketing to be sent to you;
- Subscribe to our SaaS solutions;
- Subscribe to our newsletters, events or publications; and/or
- Give us some feedback or contact us.
Automated technologies or interactions: As you interact with our Website, we may automatically collect Technical Data about your equipment, browsing actions and patterns.
Third parties or publicly available sources: We may receive personal data about you from various third parties and public sources as set out below:
- Technical Data from the following parties: (i) analytics providers; (ii) advertising networks; (iii) search information providers based inside or outside the EU;
- Identity and Contact Data from data brokers or aggregators;
- Identity and Contact Data from publicly availably sources (such as “Portal da Justiça” and the Electoral Register based inside the EU).
Indirectly: We may have access to your personal data because someone who has it engaged us to provide a service that requires us to access and use that data. In this case, we will be processing your personal data as data processors, on behalf of the data controller, who determines in exclusivity the types and purposes for which we will process your data and is solely liable to you for any data breaches not caused exclusively by us. If you contact us in relation to personal data that we process as data processors on behalf of a data controller, we will direct you to the contact person of the data controller.
3. The personal data we collect about you
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together:
- Identity Data, which may include first name, last name, country of residence, and any other identity data required by applicable laws and regulations
- Contact Data , which may include email address and other contact details provided by you or required by applicable laws and regulations
- Profile Data , which may include your username and password, feedback and survey responses, and other details provided by you or required by applicable laws and regulations
- Technical Data, which may include internet protocol (IP) address, your login data, browser type and version, time zone setting and location, host application, operating system and platform and other technology on the devices you use to access our SaaS solutions
- Usage Data , which may include information about how you use our Website, products and services
- Marketing and Communications Data , which may include your preferences in receiving updates, promotion and marketing materials from us and our third party partners and your communication preferences
- Third Party Data , which may include information from third parties or publicly available sources
- Any other personal data provided by you in the course of your engagement with us
We also collect, use and share aggregated data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data under the Data Protection Legislation as this data does not directly or indirectly reveal your identity.
For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific feature of our SaaS solutions. However, if we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Statement.
We do not collect any special categories of personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). We also do not willingly collect any information about criminal convictions and offences, except data collected on commercial databases and media searches for Anti-Money Laundering and Counter-Terrorist Financing due diligence purposes as legally required. If we happen to unwillingly receive data of such kind, we will immediately delete it.
Where we need to collect personal data by law, or under the terms of an agreement we have with you, and you fail to provide that data when requested, we may not be able to perform the agreement we have or are trying to enter into with you. In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
It is important that the personal data we hold about you is accurate, complete and up to date. Please keep us informed if your personal data changes during your relationship with us.
4. Purposes for which we will use your personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where you granted us your free and express consent
- Where we need to perform the agreement we are about to enter into or have entered into with you or with a data controller that has your data
- In order to comply with a legal or regulatory obligation, including to verify your identity in order to create your account and ensure that you are eligible to use the services provided in our SaaS solutions
- Where we have a legitimate interest and your interests and fundamental rights do not override those interests
Specifically, we may use your personal data for the following purposes:
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PURPOSE / ACTIVITY |
TYPE OF DATA |
LAWFUL BASIS FOR PROCESSING |
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To provide the service, which may include sharing your data internally as well as disclosing it to third parties. |
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Performance of a contract with you or a data controller who has your data. |
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To manage our relationship with you which will include:
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To administer, maintain and protect our business and our SaaS solutions (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data). |
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To deliver relevant content and advertisements to you and measure and understand the effectiveness of the advertising we serve to you. |
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Necessary for our legitimate interests (to study how users use our services and Website, to develop them, to grow our business and to inform our marketing strategy). |
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To use data analytics to improve our SaaS solutions, products/services, marketing, customer relationships and experiences. |
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Necessary for our legitimate interests (to define types of customers for our products and services, to keep our Website updated and relevant, to develop our business and to inform our marketing strategy). |
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To make suggestions and recommendations to you about our SaaS solutions that may be of interest to you. |
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Necessary for our legitimate interests (to develop our products/services and grow our business). |
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To deliver relevant social media content and advertisements and to give back to our community of users. |
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Please note that we may have to process your personal data without your knowledge or consent, in compliance with the above rules, where this is required by law.
If you are in any doubt, please contact us about the specific legal ground we are relying on to process your personal data.
As you have to give an opt-in consent for marketing purposes, you can also ask us or third parties to stop sending you marketing messages at any time through the means indicated to you by us.
5. Disclosure of your personal data
In order to provide a reliable and consistent service, your personal data may need to be accessed by more than one of Legau’s employees, agents or contractors. When sharing your personal data, we adhere to applicable legal obligations and industry standards regarding the protection of personal data.
Legau does not disclose your personal data to third parties, except as described in this Privacy Statement. Third party disclosures may include sharing such information with non-affiliated companies that are business partners, vendors, perform support services or somehow facilitate the provision of Legau’s services, including those that provide professional, legal or accounting advice to Legau. Non-affiliated companies that assist Legau in providing services to you are subject to a confidentiality agreement and they receive and use your personal data only in the course of providing such services and only for the purposes established by Legau.
We may also disclose your personal data under your instructions, to protect our rights and interests and those of our business partners or pursuant to your express consent.
Under limited circumstances, your personal data may be disclosed to third parties as permitted by, or to comply with, applicable laws and regulations or in order to enforce this Privacy Statement, or Terms of Service or to detect, prevent, or otherwise address fraud, security or technical issues; for instance, when responding to a subpoena or similar legal process, to protect against fraud and to otherwise cooperate with law enforcement or regulatory authorities or with organizations such as exchanges and clearinghouses.
Legau will not sell your personal data. We may, however, transfer your data to third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Privacy Statement.
In those circumstances where we have to share your personal data, we will take reasonable precautions to ensure that the third parties keep your personal data secure and confidential, in compliance with relevant legal requirements.
6. Security of personal data
The security of your personal data is highly important to us. All information and personal data provided to us is stored securely.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who may require access to it in order to perform the services requested by you. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.
We maintain physical, electronic and procedural safeguards to protect the information against loss, misuse, damage or modification and unauthorized access or disclosure. More specifically, we have implemented the following security measures:
- The use of specialized technology such as host-based security tools, network defence monitors, and intrusion detection systems
- Rely only on credible IT providers, with a proven track-record and resources to ensure the protection of any data hosted with them
- Periodical monitoring of our systems infrastructure to detect weaknesses and potential intrusions
- Implementing controls to identify, authenticate and authorize access to various systems or sites
- Providing our personnel with relevant training and continually updating our security practices in light of new risks and developments in technology
It is important to bear in mind that no method of electronic transmission or storage is 100% secure, so we may not guarantee the infallibility of the above mentioned security measures.
7. Transferring your personal data outside of the European Economic Area
As part of our SaaS solutions offered to you, the information which you provide to us may be transferred to countries outside the European Economic Area (“EEA”). By way of example, this may happen if any of our servers are from time to time located in a country outside of the EEA or when we share your personal data with our subsidiaries or affiliates outside of the EEA. These countries may not have similar data protection laws to the European Union. By submitting your personal data, you are agreeing to this transfer, storing or process ing. If we transfer your information outside of the EEA in this way, we will take steps to ensure that appropriate security measures are taken with the aim of ensuring that your privacy rights continue to be protected as outlined in this Privacy Statement.
If you use our SaaS solutions while you are outside the EEA, your personal data may be transferred outside the EEA in order to provide you with those services. Please contact us ([email protected]) if you want further information on the specific mechanisms used by us when transferring your personal data out of the EEA.
8. Your rights
Under certain circumstances, you have the following rights under the Data Protection Legislation in relation to your personal data:
- Request access to your personal data . This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it
- Request correction of the personal data that we hold about you . This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us
- Request erasure of your personal data . This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request
- Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms
- Request restriction of processing of your personal data . This enables you to ask us to suspend the processing of your personal data in the following scenarios: (i) if you want us to establish the data’s accuracy; (ii) where our use of the data is unlawful but you do not want us to erase it; (iii) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; (iv) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it
- Request the transfer of your personal data to you or to a third party . We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you
- Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent
If you wish to exercise any of the rights set out above, please contact us in writing to [email protected]. You can also change your privacy preferences and / or unsusbscribe to our email communications by a direct link that you can find in every footer of such email communications or through ticking or unticking the relevant boxes available at your personal dashboard or reserved area.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is unreasonable, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
We try to respond to all legitimate requests as soon as practicable. Occasionally it could take us longer if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
9. Personal data retention
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting, or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
In some circumstances you can ask us to delete your personal data as indicated above.
We may also collect and retain aggregated, anonymised or pseudonymised information indefinitely, in order to protect the safety and security of our SaaS solutions, improve our services or comply with any mandatory obligations. Aggregated, anonymised or pseudonymised information will not directly identify you.
10. Changes to this Privacy Statement
From time to time, we may update this Privacy Statement to reflect changes to the law or to our personal data practices and policies. Our Privacy Statement will always be available at request and should we make material changes to this Privacy Statement, we will notify you via email.
11. Miscellaneous
This Privacy Statement provides the general framework for our approach to the processing of personal data. You may, however, in connection with specific products or services offered by us, agree to different privacy provisions that supplement this Privacy Statement.
Our SaaS solutions are not intended for children under 16 years of age. No one under age 16 may provide any personal data to or on our SaaS solutions without parental consent, unless such user is subject to a law where parental consent is not necessary. We do not knowingly collect personal data from children under 16. If you are under 16, do not use or provide any information on our SaaS solutions or on or through any of its features, including your name, address, telephone number, email address, or any screen name or user name you may use, without parental consent. If we learn we have collected or received personal data from a child under 16 without verification of parental consent, we will delete that personal data. If you believe we might have any personal data from or about a child under 16, please contact us at [email protected].
12. Contacts
If you wish to contact us for any matter related with this Privacy Statement or with how we process or protect your personal data, please contact us at [email protected]m.
13. Applicable law and jurisdiction
This Privacy Statement and all non-contractual obligations arising from or connected with them shall be governed by, and shall be construed in accordance with, the laws of Portugal and shall be subject to the jurisdiction of the Courts of Portugal.