We take the responsibility to treat your personal data with integrity and confidentiality and only for clear and precise purposes.
1. Who is responsible for the processing of your personal data?
APHI, LDA, headquartered at Rua Vitor Cordon 10A 5 Lisboa 1249-202 Lisbon is the entity responsible for the processing of personal data, since it defines the data collected, the means of processing and the purposes for which these data are used.
Personal data is considered to be any information relating to an identified or identifiable natural person.
2. Who are the holders of personal data?
The customer or potential customer, natural person, to whom the data concern and who uses, or intends to use, the products, services, campaigns, made available by Phunk.
The representative or point of contact in the company, in the case of legal entities, in the context of the execution of a contract, or pre-contractual diligence, concluded between that company and Phunk.
2.1 Which categories of personal data are processed by Phunk?
i) Contact Information: name, e-mail, telephone, country, address.
ii) Personal Information: date of birth, age, ID number.
iii) Data from applications, web pages and social networks: profiles, location and behaviors.
In the case of representatives of legal entities, we only collect the data essential for the proper execution of the contract, such as name, email and phone.
2.2 How, when and for what purposes are your personal data collected?
Your personal data may be collected in the following circumstances and for the following purposes:
3. What are the grounds for and the duration of the processing of personal data?
The grounds which legitimize the processing of your personal data by Phunk, for the purposes described in paragraph 2.2 of this policy, are the following:
Consent: your personal data may be processed upon your free, specific, informed and explicit expression of will, whereby you agree, by means of a statement or an unequivocal positive act, to have your personal data processed. For example, we process personal data of our customers and potential customers, upon consent, for commercial and marketing purposes, including marketing campaigns, events, promotions, information on new products, satisfaction surveys on products or services provided.
Pre-contractual inquiries and/or contract execution: your personal data may be necessary for the clarification of questions, for the conclusion, execution and management of the contract concluded with Phunk. For example, we process personal data for the purpose of concluding, executing and managing the contract concluded between you and Phunk, namely for the preparation of proposals and contracts.
Compliance with legal obligation: your data may be necessary for compliance with a legal obligation to which the controller, in this case Phunk, is subject. For example, to comply with tax obligations we have to provide information to the Tax Administration.
Legitimate interest: your data may be necessary for the performance of certain tasks related to the business activity of Phunk, except in cases where your privacy and data protection rights should prevail. Examples: we process personal data on the basis of legitimate interest, in particular for business follow-up and management; in the context of customer contact via website and social networks; when we need to contact the representative of a legal entity, in the context of the execution of a contract.
In this way, Phunk will process your personal data, according to the following:
3.1 How long do we keep your personal data?
Phunk keeps the personal data of the data subjects only for the period of time strictly necessary to pursue the purpose for which they were collected.
In certain cases, the law obliges data to be kept for a specific period, namely in the case of data necessary for information to the Tax Authority, which shall be kept for 10 years, according to the legislation in force.
We will also keep your data during the period in which you maintain a contractual relationship with Phunk. However, we may keep your personal data for periods longer than the duration of the contract, based on your consent, to ensure rights and duties related to the contract or in situations in which there is a legitimate interest of Phunk, always respecting the period necessary for the pursuit of the purpose for which they were collected.
If there is no specific legal obligation, your data will only be processed for the period necessary to fulfill the purposes which motivated their collection, and while there are legitimate grounds allowing Phunk to keep them.
As a rule, your personal data, when processed for marketing campaigns, will be kept until the maximum period of 5 years counted from the collection of your consent or from the last contact made (whichever occurs last) and if, within this period, you have not withdrawn your consent.
Once the maximum retention period is reached, personal data will be irreversibly anonymized (anonymized data may be retained) or will be securely destroyed.
4. To whom do we transmit your personal data?
Phunk only transmits your personal data when necessary for the purposes described above.
Identification through social networks: so that you can be identified on the brands’ sites and applications without filling out registration forms, Phunk has put in force the Facebook login system. If you log in through one of these systems, you explicitly authorize Phunk to access and store public data from your Facebook account as well as other data mentioned during the use of the Facebook login system. To this end we remind you to be familiar with the privacy policies of the social networks where you interact with us and how they treat your data.
Your personal data may also be transmitted to entities to whom the data must be communicated by law, such as the tax authority.
5. What are the rights of the personal data subjects?
Phunk guarantees the applicability and fulfillment of all the rights of the personal data subject provided for in the General Data Protection Regulation and national legislation in force.
Right of Access
You have the right to obtain from Phunk confirmation as to whether or not personal data concerning you are being processed and, if so, the right to access your personal data and information relating to such processing, for example, you can request an exact copy of your compilation and request additional information about the processing we carry out.
Right of Rectification
You also have the right to obtain without justified delay from Phunk the rectification of inaccurate personal data concerning you, in particular the right to correct or complete your personal data.
Right to erasure of data (“right to be forgotten”)
You may exercise your right to obtain the erasure of your personal data by Phunk, without undue delay, provided that: the data are no longer necessary for the purpose for which they were processed; when you withdraw your consent and there are no other valid reasons for their storage; when you oppose their processing and there are no overriding legitimate interests on the part of Phunk, as well as in the other cases provided for by law.
Right to Data Portability
You have the right to receive personal data concerning you, which you have provided to Phunk, in a structured, commonly used and machine-readable format, as well as the right to transmit such data to another controller (if this is technically possible) without Phunk being able to prevent this, and if the processing is based on consent or on a contract, and if the processing is carried out by automated means.
Right to withdraw consent
You may at any time change your consent, limit it to certain types of processing or withdraw it, however, withdrawal of consent does not compromise the lawfulness of processing carried out on the basis of consent previously given.
Right of Opposition
You may also object at any time to the processing of personal data concerning you where there are no compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defence of legal claims.
Right to Limitation of Processing
In certain situations you have the right to obtain from Phunk the limitation of the processing of your data, notably if you contest the accuracy of your personal data for a period allowing Phunk to verify their accuracy, in cases where the data are no longer necessary for the purposes of the processing but are still required by the data subject for the establishment, exercise or defense of a right in legal proceedings and also when you oppose the processing, until it is established that the reasons of legitimate interest of Phunk prevail over yours, as well as in other cases provided by law.
Right not to be subject to any automated decision
You have the right not to be subject to any decision taken solely on the basis of automated processing, including profiling, that produces effects on your legal sphere or significantly affects you in a similar manner.
5.1 How to exercise your rights?
You may exercise your rights free of charge, except in the case of a manifestly unfounded or excessive request, in which case a reasonable cost-sensitive fee may be charged.
We will respond to your requests within 30 days at the latest, except in cases of more complex requests.
In fact, you may exercise your rights through the following addresses:
Email: [email protected]
Still, if you are not satisfied with our response after exercising any of these rights, you have the right to file a complaint with the CNPD (Comissão Nacional de Proteção de Dados, Rua de São Bento, n.º 148, 3º, 1200-821 Lisboa, Tel: 351 213928400, Fax: +351 213976832, e-mail: [email protected]).
6. Procedural Measures and Security Techniques
Phunk uses appropriate physical, technological, organizational and security measures for the protection of your personal data in order to protect the personal data provided to us against unauthorized disclosure, loss, misuse, alteration, processing or access.
7. Data Protection Officer
Phunk has a Data Protection Officer (DPO), who (i) supervises and advises the controller with regard to the obligations under the rules of privacy and protection of personal data, (ii) cooperates with the supervisory authority, (iii) is the point of contact with the customer or potential customer, in order to clarify possible questions about the data processing done by Phunk
Should you have any questions or complaints, you can submit them to the Phunk Data Protection Officer at the following e-mail address: [email protected]
Without prejudice to the consultation of this policy on our website, Phunk will inform you of the changes made through the various communication channels used by it.