PERSONAL DATA PROTECTION AND PRIVACY POLICY

  • About us and our commitment:

The website www.averse.pt and the brand AVERSE belong to GBTX, Lda., a private limited company, hereinafter referred to as AVERSE, dedicated to the trade and manufacturing of apparel and other textile products. 

With regard to the proportionality and adequacy enforced by the capacity of allocation of its resources and technical assets, AVERSE is fully and truly committed to protecting the users of its website, in terms of their privacy and the processing and disclosure of their personal data. 

  • Our collecting devices and personal data carrier:

We have, edit, and manage the following carriers for personal data processing:

  • A computer system composed of software solutions stored in a set of hardware devices and similar solutions, including emails and other external digital repositories and communication solution.
  • Websites  https://averse.pt/.

  • personal and material scope of this privacy policy:

The company shall comply with the current Privacy Policy solely with regard to collection, processing, and disclosure of personal data. 

The entities that may process these personal data on behalf of AVERSE shall comply with this or similar policy, by way of contract with our company.  

Our website provides links to access other websites not related to AVERSE, in good faith and in our users’ best interest. Please note that AVERSE does not accept any responsibility or liability, in any form, for the data collection, processing, and destination on these websites, neither for the available reliability, accuracy, lawfulness, and functionalities, and they are therefore not bound by this privacy policy. 

AVERSE considers mandatory and will assume for all intents and purposes, without seeking or hearing any contrary evidence, that the user of all these websites will read their privacy policies.

  • purpose and ADVERTISING of this privacy policy:

Apart from implementing this privacy policy within its organisation procedure, AVERSE also drafted it with the purpose of providing, sharing, and advertising the set of general rules concerning the privacy and processing of the collected personal data, in any case ensuring compliance with applicable law.  

For this purpose, this privacy policy will be available on our website www.averse.pt. 

The guidelines of this Privacy Policy are a complement of the same guidelines established within the contracts, formal or informal, entered with AVERSE.

We encourage you to carefully read this Privacy Policy as, by providing us with your personal data, when accessing to our website, you acknowledge and accept the outlined conditions and the processing of the data for lawful and legitimate purposes.

AVERSE expressly reserves the right to amend this Privacy Policy at any time and all amendments will be duly publicized by the same means.

  • definition of personal data:

Personal data means any information or registration, regardless of the nature, support, or format, namely an audio, image, writing, initials, or other characteristic, relating to an identified or identifiable natural person. 

An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to one or more specific personal data, considered separately or collectively, namely to the physical, physiological, mental, economic, ethnic, cultural, geographic, or social identity of that natural person.

  • the entity responsible for the personal data processing:

The entity responsible for the personal data processing is AVERSE and, within the scope of the agreement with the data subject, we establish, in accordance with lawful and legitimate grounds, the data being collected and processed as well as the purposes of this collection and processing.  

  • types of personal data being collected and processed:

Within the scope of its activity, AVERSE collects and processes, namely: 

      • Personal data in order to supply products to its customers, such as name, tax number, address, telephone number, and email address, among others strictly necessary, proportional and legitimate. 
      • Personal data necessary for compliance with legal obligations, towards public or private entities, such as name, ID number, tax number, household composition, social security number, address(es) and telephone number(s), email address, health data, among others strictly necessary, proportional and legitimate.
      • All the personal data needed for exercising the rights of AVERSE, in accordance with its activity and legitimate interest, namely concerning accounting, tax and administrative management, litigation, judicial evidence, fraud detection, revenue protection and audit, systems and network management, control of information security as well as health and site safety.

Without prejudice of the compliance with the legal rules or legitimate guidelines set forth by a competent authority concerning the data retention and transmission, AVERSE solely processes the personal data required for its activity, strictly to the extent of the contract or other similar document celebrated with the subject of these data or through the prior, legitimate, lawful, and informed consent of the subject. 

  • when and how we collect personal data:

AVERSE collects the personal data through the website:

  • When you are executing purchasing procedures for products sold on this website, including conclusion of an agreement for the purchase of products, we collect your personal data (for example, password, size, e-mail address, address for delivery, credit card numbers for payments and telephone numbers) on your order form only for the purpose of selling, picking and shipping the products you ordered; 
  • When you request technical and service assistance, we collect your personal data (for example, your first and last names, e-mail address) for purposes strictly necessary to provide you with our online store Customer Service relevant to this website and to the assistance, with full privacy in respect of other users; 
  • When creating and sharing your Wish List, we process your personal data in order to customise our services for the purchase of products on the website; 
  • When you save a shipping address, we process personal data in order to simplify the drawing up of your orders in the future; 

The collection of some personal data is mandatory and necessary to start and develop, normally and legally, a contractual relationship or collaboration; the lack or insufficiency of these data determine that this relationship with us will not happen and in this case AVERSE will inform the subject of this necessary and mandatory nature. 

Except for the data of this nature and those established in any public list or those that may be used in the legitimate interest of AVERSE, your data will solely be collected and processed for purposes you previously consented to and this consent must be freely given and informed, specifically and unambiguously, by written or oral statement or through the validation of an option, namely for the subscription of newsletters or marketing communications; in those situations, further rules of this privacy policy shall apply.   

If you no longer wish to receive these communications, you may unsubscribe them at any time.

The collected data will be processed in document, in compliance with the legislation concerning the protection of personal data, and they will be stored and retained in specific databases, created and managed for this sole purpose and with restricted and exclusive access of AVERSE staff, as they have to process them within the scope of our activity. Under any circumstances the collected data may be used for purposes other than those that justified the subject consent, which is mandatory, or for lawful and legitimate purposes for the collection.

  • purposes of the collection and processing of personal data:

Overall, the collected personal data aim at the contract management with customers, hired supplies, supplies adequacy to the customer’s needs and interests, sending of suggestions, information and marketing, information about campaigns, promotions, advertisement and news about the products, market and satisfaction surveys, complaints management, accounting, tax and administrative management, litigation, judicial evidence, fraud detection, revenue protection and audit, systems and network management, control of information security as well as health and site safety, compliance with the legal obligations and further purposes established by law for the legitimate interest of AVERSE.

At the moment of the data collection, or upon your request, you will be informed in more detail about the processing of your data.  

  • retention of your personal data:

AVERSE will comply with the statutory minimum period to retain data that may have been prescribed by a specific legal requirement. 

AVERSE will retain your personal data for the minimum period of time and as long as retention is no longer necessary for the purpose for which the information was collected and processed.

  • Access, rectification, objection, erasure, restriction, anD portability of your personal data:

AVERSE ensures that the data subject may have the right to request access, rectification, objection, erasure, restriction, and portability of his/her personal data.

The above-mentioned rights may be exercised by contacting directly AVERSE, headquartered in Rua Afonso Nunes de Mariz, nº1001, 4750-571 Mariz, Barcelos – Portugal, or by email, at: averse@averse.pt.

You also have the right to lodge a complaint with the Portuguese competent data protection authority (Comissão Nacional de Proteção de Dados) - Av. D. Carlos I, 134 - 1.º 1200-651 Lisboa - Tel: +351 213928400 - Fax: +351 213976832 - e-mail: geral@cnpd.pt.

  • personal data security measures we adopted:

As AVERSE follows the best practices, we adopted a set of technical and organisation measures in order to prevent risks within the scope of security and protection of personal data; consequently, we approved and implemented a strict plan in accordance with the purposes, the law, and the interests of data subjects so as to ensure the protection of the data provided by the subjects who, in any way, interact with our company and to protect them from disclosure, loss, inappropriate use, change, processing, or unauthorised access as well as from any illegitimate processing. 

Therefore, the personal data collection forms in digital format or paper, filled in at AVERSE headquarters or on the website (with encrypted browser) are safely stored in our physical repositories and digital systems.  

All the personal data you provided us with are stored in a Datacenter owned by AVERSE, or by one of its subcontractors, in accordance with all the security and advanced logistical measures which are vital for the protection of your personal data. 

Despite these security measures, we encourage those who surf the Internet to adopt further security measures in order to ensure that the security patches of your PC and browser are updated and that your firewall, antivirus and anti-spyware are on, as well as to make sure of the authenticity of the websites you visit and avoid those that seem unreliable. 

  • data disclosure to other entities, subcontractors or third parties:

AVERSE may outsource the collection and processing of your personal data, for the same purposes set forth in this Policy; these entities shall contractually commit themselves to ensuring the reputation and the obligation to develop a set of technical and organisation measures in order to protect the personal data and to guarantee the subjects’ rights. Pursuant to law, some personal data may be disclosed do public authorities like Tax and Customs Authority (Autoridade Tributária), courts, and security forces. 

Consequently, any outsourced entity shall process our Customers’ personal data, in the name and on behalf of AVERSE, and must strive to adopt a set of technical and organisation measures in order to prevent risks and protect the personal data from unintentional or illegitimate destruction, unintentional loss, change, disclosure or unauthorised access as well as from any illegitimate processing. 

  • personal data transfer:

The activity of AVERSE may require the transfer of your personal data outside of Portugal. 

In that case, AVERSE will thoroughly observe the applicable legal provisions in order to ensure the reliability and adequacy of the foreign country concerning personal data protection and the applicable requirements of these cross-border transfers. 

  • Cookies: 

Cookies” are small text files stored on your computers through the browser; they normally save information concerning your preferences and do not include, consequently, the processing of your personal data by AVERSE.

Where not appropriate, and in accordance with the legal rules, the user will always be asked to provide his/her consent.  

Cookies that we use:

    • Strictly necessary cookies 

These cookies are essential features of our website because they allow us to provide the required services, such as storing your product selection to your shopping bag list.

    • Performance cookies 

These cookies collect anonymous information about how you use the website and the information is combined in order to improve how the website works. For example, we use Google Analytics cookies to help us identify how you arrived to the website and how you use it and they also enhance the areas we need to improve, such as browsing, purchase experience, and marketing campaigns. The information stored by these cookies never discloses personal data.

    • Functionality cookies 

They store the preferences you have applied on the website, so you do not have to confirm them on future visits, and they offer you a more appropriate experience according to your choices and further customised and pleasant visits. The information is also shared anonymously with the information of other users to improve the operation system of the website. For example, the item related to stored products uses a cookie in order to know the favourite products you tagged during the browsing.

    • Targeting/advertising cookies

These cookies target the ads and the advertising campaigns according to the interests and likes of each user as well as they limit the number of times you see an ad, in order to measure the advertising efficiency and the success of the website functionalities. This information is shared with third parties, like advertisers. To avoid stored cookies on your computer and/or mobile devices without your permission, you may modify your browser definitions. The help window on your browser provides you with all the details you need to manage the cookies definitions.

AVERSE, June the 30th, 2018.


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