CABRAL MONCADA LEILÕES PRIVACY POLICY

The current Privacy Policy of Sociedade Comercial de Leilões "O Pregão" Lda. designated in commerce as Cabral Moncada Leilões with headquarters in Rua Miguel Lupi 12 A, 1200-725 Lisbon with the commercial registered number 503556858 and a share capital of € 120,000 (one hundred and twenty thousand Euros) (henceforth “Cabral Moncada Leilões”) establishes the way Cabral Moncada Leilões collects and processes personal data of the clients.

We advise the careful and full reading of this document. Making your personal data available will imply the full understanding and acceptance of the terms and conditions of the present privacy policy.

1. Responsible for data processing

Cabral Moncada Leilões is the solely responsible and liable for the processing of your personal data.

Nevertheless, Cabral Moncada Leilões may, within its activity, use the services of third parties in order to conduct the data collection herein under mentioned. In these cases, Cabral Moncada Leilões will assure that such parties will offer all the guaranties as to carry all the technical and organisational measures and ensure the rights of the data bearers.

2. Data collection and processing

According to applicable legislation, personal data refers to any information, regardless its nature and support, including sound and image, about any identified or identifiable single person. Identifiable is the person that can be directly or indirectly identified particularly either through reference to an identification number or one or more physical, psychological, psychic, economic, cultural or social specific elements.

The personal data collected by Cabral Moncada Leilões may include the name, e-mail, phone number, fax, address, birth date, citizen card or any other identification document, tax number, banking data and other.

Some of the personal data are of mandatory availability so that in case of lack or insufficient data Cabral Moncada Leilões may not be able to provide the services and information that you required. According to each case Cabral Moncada Leilões will inform you as to the mandatory or optional nature of the availability of the data in question.

Cabral Moncada Leilões will assume that the data was provided by its bearer or that he authorised their disclosure and believe them to be true and updated until otherwise proven by the bearer.

3. General rules on data collection and processing

Cabral Moncada Leilões will promise to process these said data in a lawful manner respecting the principles of good-faith and in the strictest confidentiality.

Personal data are only collected for legitimate and explicit purposes, being in no circumstance, processed in a manner not compatible with such purposes.

Cabral Moncada Leilões assures that collected personal data are adequate, relevant and not excessive concerning the purposes for which they were collected and processed.

4. Ways of collecting and processing personal data

Personal data are collected whether by paper means or by electronic means in the following situations:

1. within the celebration, or the prospective celebration (contractual proposals), of contracts between the bearer and Cabral Moncada Leilões, particularly for the purpose of rendering services of evaluation or placing items up for auction bid
2. within the auctions organised by Cabral Moncada Leilões at the moment of inscription/registration of the bearer for the purpose of taking part in the auction or through submission of purchase orders or phone bidding requests;
3. through the fulfilling and submission of a Consent Form by the data bearer.

Collected data are computer processed and filed in databases specifically created and managed by Cabral Moncada Leilões in the strict observation of the Personal Data Protection Legislation.

5. Legitimacy and purpose of Personal Data Collection

Personal Data are collected and processed whenever processing is justifiably required for the following purposes:

1. Observation by Cabral Moncada Leilões of contractual and pre-contractual obligations such as goods evaluation, offering them up for auction bid and the participation of the bearer in the auction, live or through either purchase orders or phone bidding;
2. Observation by Cabral Moncada Leilões of binding legal obligations.

If the required consent is given, at the moment of personal data collecting or later, data can still be collected and used for marketing purposes, by postal, e-mail or SMS delivery of all sort of information, invitations and other commercial actions pertaining to auctions and other services provided by Cabral Moncada Leilões.  In this scope, segmentations could still be carried through and/or created profiles with the same marketing/advertising purpose.

Residually and within the terms and limits of the personal data protection legislation personal data can still be collected and processed when processing is legally necessary for the purpose of:

1. Protection of vital interests of the bearer of the data, if this is physical or legally incapable to give his consent;
2. Carrying through of legitimate interests of the person responsible for the processing or of a third party to whom data is communicated, since the interests or the rights, freedoms and guarantees of the bearer of the data do not have to prevail.

6. Sharing of personal data

Cabral Moncada Leilões will have to share the personal data with official entities on the base of legal imposition.

Cabral Moncada Leilões may still have to share the personal data with partners and services providers of Cabral Moncada Leilões, for the purpose of the fulfilment of related services, always observing the confidentiality obligation and the principle of the purpose that presided over to the collection.

In case of data transfer of data for third countries not belonging to the European Union or the European Economic Space, Cabral Moncada Leilões will comply with the law, particularly in what respects to the adequateness of the country of destination as to the degree of personal data protection and the requirements that are applicable to these transferences, and in no circumstance, personal data will be transferred to jurisdictions that do not offer the adequate guarantees of safety and protection.

7. Period of personal data conservation

The period of time during which data are stored and kept varies in accordance to the purpose for which they were collected. Whenever a specific legal requirement does not exist, data will be stored and kept only for the necessary minimum period for the purposes that had motivated its collection and subsequent processing.

For marketing purposes, the collected personal data will be kept for the maximum period of 5 (five) years starting from the collection date of the consent or the last contact (depending on which to occur last), without damage the possible consent removal at any time.

Once the maximum period of conservation is reached, personal data will be safely destroyed.

8. Safety Measures

Cabral Moncada Leilões assumes the commitment to guarantee the safety of collected and processed personal data. For this effect, several safety, technical and organisational measures have been taken, as to protect personal data against circulation, loss, inappropriate use, modification, processing or unauthorized access as well as against any another form of unlawful processing.

Such measures include, in particularly, the following:

1. Personal access limited to the personal data on the basis of the criterion of the “necessity to know” and only in the scope of the communicated purposes;
2. encrypted transference of collected data;
3. Encrypted storage of highly confidential data (e.g. information concerning credit cards);
4. Firewall protection of the systems of information technologies as to minimize the risk of unauthorized access;
5. Survey the accesses to the systems of information technologies in view of preventing and detecting the inappropriate use of personal data.

Cabral Moncada Leilões demands its partners to adopt similar safety, technical and organizational measures.

9. Rights of the bearer of the personal data

Cabral Moncada Leilões guarantees the bearer of the data, in permanence, all the rights resulting from the personal data protection legislation, including the rights of access, update, rectification, oblivion, processing restriction or elimination of personal data and, when applicable, the right of portability of them.

Cabral Moncada Leilões, specially and every time, confers the bearer of the data the right to revoke, to remove, to diminish the scope or to restrict the reach of any consent previously given, particularly as to the use of the data for the purpose of marketing.

The exercise of these rights will have to be carried through by means of the e-mail privacidade@cml.pt or through the sending of a registered letter with reception acknowledgment to the headquarters of Cabral Moncada Leilões (the above mentioned address).

10. Alteration to the Privacy Policy

Cabral Moncada Leilões reserves the right, any moment in time, to modify the current Privacy Police.   Should such alterations to be relevant to the point of being reasonable to presume that the engaged conditions upon which your consent was based are compromised, Cabral Moncada Leilões assumes the commitment to request them again.

May 2018