We care about protecting your privacy by ensuring that your personal data are processed according to the applicable legal provisions, namely in accordance with the General Data Protection Regulation (hereinafter referred to as “GDPR”) and Law no. 58/2019, of 8 August, which ensures the execution of the GDPR in the Portuguese legal framework. Therefore, we inform the user (hereinafter referred to as “User”) of the following data protection information, regarding the use of our website available at https://www.faniak.com/ (hereinafter referred to as “Website”).
Shall you have any questions or wish to obtain clarification after reading this Privacy Policy, please contact us at [email protected] or, alternatively, at:
Rua da Prata 80
1100-415 Lisbon, Portugal
About Us
FANIAK, Lda., limited liability company, with the sole registration and legal person number 516759159, headquartered at Rua da Prata 80, 1100-415 Lisbon, Portugal, (hereinafter referred to as “ FANIAK”), acts as the controller for the processing of the personal data of its Users.
What are personal data?
“Personal data” is any information, of any nature and whatever their form, relating to an identified or identifiable natural person. An identifiable natural personal is one who can be identified, directly or indirectly, in particular by reference to a name, an identification number / taxpayer number, location data, an online identifier or to other specific elements related to the physical, physiological, genetic or economic identity of that natural person.
Which personal data do we process?
Within the scope of the relationship with its Users, FANIAK processes the following personal data:
• Contact information: name, email, phone/cell phone number, billing address;
• Personal information: taxpayer number, sex;
• Bank details: account number and NIB/IBAN;
• User History: User satisfaction ratio, services provided, location(s) of provision of services, purchase and payment history.
• Data relating to electronic interactions: cookies and IP address. To find out more about the treatment of cookies, see our Cookies Policy.
• Any other personal data transmitted in the context of contact requests or information requests and/or that are provided by the owner in the context of the relationship established with FANIAK.
For which purposes do we process your data?
Personal data to which FANIAK has access as the controller will be processed in a lawful, loyal and transparent manner, for the following purposes:
a) Registration to obtain a FANIAK account or visit our website;
b) Subscription of services;
c) Requesting support services to the User or when sending any other communication to us.
d) Responding to requests for contact or requests for information through e-mail or telephone.
e) Sign up to receive newsletters and promotional offers.
f) Established contractual management.
g) Analysis of our services based on the testimonial given by the Users.
h) Respond to inquiries.
What is the lawful ground to process your personal data?
FANIAK processes your personal data on the following ground:
a) Users’ consent: when we have your express consent – written, oral or through the selection of an option – and only if that consent is free, informed, specific and clear. For example, your consent to send direct marketing messages.
b) Performance of a contract or pre-contractual procedures : whenever the processing of personal data is necessary for the conclusion, performance or management of the contract entered into with FANIAK.
c) Compliance with a legal obligation: whenever the processing of personal data is necessary to fulfil a legal obligation to which FANIAK is subject to, such as reporting data to administrative, judicial and/or law enforcement agencies.
d) Legitimate interest: whenever the processing of personal data is necessary to safeguard a legitimate interest of FANIAK or of third parties, such as the improvement of the quality of the service or the detection of fraud, whenever that interest prevails over your data subjects' rights.
To whom do we transfer your data?
FANIAK shares your personal data with its employees who need them to comply with the purposes abovementioned.
Your personal data may also be transferred to processors to be processed on behalf of FANIAK. In this case, FANIAK shall take the necessary contractual measures to ensure that processors respect and protect the personal data of the data subjects, using only processors providing sufficient guarantees to implement appropriate technical and organizational measures to that effect.
FANIAK will not transfer data outside the European Economic Area (EEA), as its servers are located in the EEA.
The website's servers are located in the European Economic Area. Whenever FANIAK needs to transfer data outside the European Economic Area, it undertakes to carry out such transfer in full respect of the applicable data protection legislation, in particular the provisions of chapter V of the GDPR.
For how long do we keep your data?
We process your data for as long as necessary for the purpose for which they were collected. However, FANIAK may store them for a longer period, whenever:
a) There is a time period determined by the law.
b) There is a time period recommended by the National Data Protection Authority (Comissão Nacional de Proteção de Dados, hereinafter referred to as “CNPD”).
c) They are processed for statistical purposes; or
d) They are necessary for the declaration, exercise or defense of a right in judicial proceedings.
As an example, we keep for 10 years the necessary data for accounting, tax or commercial bookkeeping purposes.
Once the maximum retention period has been reached, your personal data will be irreversibly anonymized (the anonymized data may be preserved) or will be destroyed in a secure manner.
What are your rights?
As a data subject you may, at any time, exercise the following rights:
a) Right of access – the right to obtain confirmation as to which of your personal data are processed and information about them; for instance, what are the purposes of the processing and what are the retention periods, amongst others.
b) Right to rectification – right to obtain the rectification of your personal data which is inaccurate or request to complete personal data that are incomplete.
c) Right to erasure or ‘right to be forgotten’ – right to obtain the erasure of your personal data, unless there are valid grounds for storing your data, such as the cases when FANIAK is required to keep the data to comply with a legal obligation or because judicial proceedings are ongoing.
d) Right to data portability – right to receive the data you have provided in a commonly used and machine-readable digital format, as well as the right to directly transmit such data, if technically possible.
e) Right to object – right to object to the processing of your personal data based on a legitimate interest, unless compelling legitimate grounds for the processing prevail over your interests, rights and freedoms, or for the defense of a right during judicial proceedings.
f) Right to restriction of processing – right to obtain restriction of the processing of your personal data, in the form of: (i) suspension of processing, or (ii) limitation of the scope of processing to certain categories of data or purposes of processing.
g) Right to withdraw the consent – if the processing of your personal data is subject to obtaining your consent, you have the right to withdraw it, without such withdrawal of consent affecting the lawfulness of processing based on consent before its withdrawal.
In order to exercise your rights, you must send us a written communication to the contacts listed in this Privacy Policy, stating what your intention is (that is, what right(s) you wish to exercise). The exercise of the rights is free, unless it is a manifestly unfounded or excessive request, in which case FANIAK may charge a reasonable fee taking into account the costs.
Data holders also have the right to file a complaint with the CNPD (www.cnpd.pt), if they believe that FANIAK has violated the applicable legislation in terms of data protection.
What safeguarding measures have we implemented?
FANIAK prevents unauthorized access or disclosure by using a variety of security measures, including encryption and authentication tools, to help protect and maintain the security, integrity and availability of your personal data.
Updates to this Privacy Policy
FANIAK reserves the right to carry out, at any time, updates or changes to this Privacy Policy, updating it on the Website. We therefore recommend that you regularly check this Privacy Policy.