Privacy policy

DATA PROTECTION AND PRIVACY POLICY


SHROOMS MALIBU, Lda, (hereinafter referred to as "SHROOMS MALIBU") is committed to respecting your personal data and privacy.

This Data Protection and Privacy Policy aims to explain in a clear and concise way how SHROOMS MALIBU handles your Personal Data and guarantees your privacy in the development and performance of its activities, namely:

  1. Person responsible for processing your Personal Data
  2. Principles applicable to the protection of your Personal Data
  3. Personal Data, Personal Data Processing and Data Subject
  4. Category of Personal Data that SHROOMS MALIBU handles
  5. Purposes for processing your Personal Data
  6. Fundamentals of Licitude
  7. Term of conservation of your Personal Data
  8. Sharing of your Personal Data
  9. Your rights and how to exercise them
  10. Security of your Personal Data
  11. Confidentiality
  12. Cookies
  13. Contacts
  14. Changes to this Data Protection and Privacy Policy

 

  1. RESPONSIBLE FOR THE PROCESSING OF YOUR PERSONAL DATA

 

The party or parties responsible for the processing of your Personal Data is SHROOMS MALIBU, determining, for this purpose, without limitation:

  • The Personal Data to be processed in the context of the provision of services and/or supply of products;
  • The Purposes for which your Personal Data are processed; and,
  • The means to be applied for the processing of your Personal Data.

 

  1. PRINCIPLES APPLICABLE TO THE PROTECTION OF YOUR PERSONAL DATA

 

 

In the context of its relationship with you, the Processing of your Personal Data is carried out by SHROOMS MALIBU in accordance with the general principles set out in the General Data Protection Regulation ("GDPR"), namely:

 

  • It ensures that your Personal Data will be handled lawfully, fairly and transparently ("Principle of lawfulness, fairness and transparency");
  • It collects your Personal Data for specified, explicit and legitimate purposes and does not further process the same Data in a way incompatible with those purposes ("Purpose limitation principle");
  • Ensures that only Personal Data that are adequate, relevant and limited to what is strictly necessary for the purposes for which they are processed are processed ("Data minimization principle");
  • It shall take appropriate steps to ensure that Personal Data which are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay ("Principle of accuracy");
  • It keeps Personal Data in a form which permits their identification only for the period necessary for the purposes for which they are processed ("Principle of Retention");
  • Ensures that your Personal Data is processed in a manner that ensures its security, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, by taking appropriate technical or organizational measures ("Principle of integrity and confidentiality").

 

In addition, and although not expressly provided for in the GDPR, SHROOMS MALIBU processes your data by applying technical and organizational measures to ensure Data Protection by Design and by Default, so that your Personal Data is treated in accordance with best practices from the moment it is collected until it is destroyed.

 

  1. PERSONAL DATA, PERSONAL DATA PROCESSING AND DATA SUBJECT

 

Personal Data are all information and/or elements that, regardless of their support, can identify you or make you identifiable, directly or indirectly, to MALIBU SHROOMS, in particular by reference to an identifier, such as a name, an identification number, your location data and/or electronic identifiers, or to one or more specific elements of your physical, physiological, genetic, mental, economic, cultural or social identity.

Processing of Personal Data means the operation or set of operations performed on Personal Data of Data Subjects, through automated or non-automated means, from the collection of information to its destruction. Within this cycle, among others, are included recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, comparison or interconnection, limitation, erasure. The concept of Personal Data Processing is very broad and will apply to all operations or set of operations carried out by MALIBU SHROOMS with reference to your Personal Data.

In the context of the activities carried out by SHROOMS MALIBU, the Data Subject is, without limitation, the client and/or former clients, potential clients, investors, partners, job applicants, employees and former employees, employees of partners, suppliers and service providers and their employees, claimants and complainants and/or all those individuals who have a relationship with SHROOMS MALIBU and to whom the Personal Data relate.

 

SHROOMS MALIBU will only process the personal data of minors in strict compliance with the Personal Data Protection Act and other applicable legislation or when provided by parents or a legal guardian who expressly consents to such collection. If SHROOMS MALIBU learns that it has inadvertently collected personal data from a minor under the age of 18, it will immediately delete any records containing that minor's personal data. If you are a child's parent and become aware that a child has provided us with information, please contact us by the means detailed below so that SHROOMS MALIBU can work with you to resolve the issue.

 

 

  1. CATEGORY OF PERSONAL DATA THAT SHROOMS MALIBU PROCESSES

 

In the course of its activities, SHROOMS MALIBU processes Personal Data of a significant number of categories of Data Subjects. The Personal Data that SHROOMS MALIBU collects always depends on the nature of the interaction, but may include the following:

 

  1. Personal contact information: first name, last name, mailing address, telephone or cell phone number, fax number, e-mail address, or other similar contact information.
  2. Commercial data for the provision of services: data relating to the provision of services or supply of products, billing data, payment data and/or information in the context of responding to any questions, requests or complaints.
  3. Payment data: credit/debit card numbers, security code numbers, or other related billing information.
  4. Account Data: How you purchase services, your transaction, billing and support history in the context of the SHROOMS MALIBU services you use or any other related information.
  5. Demographic data: country, gender, age, preferred language, general education and work history, as well as, general interest data about the job.
  6. Preference Data: Information about the preferences and interests of the data subject, insofar as this relates to the services and the way in which he or she prefers to receive communications.
  7. Social network data: Information shared on social networks in interaction with MALIBU SHROOMS, where transparency is ensured through the existence of appropriate privacy policies.
  8. IT usage data: user ID, roles, rights, login times, computer name and IP address.

Please note that you are under no obligation to share your Personal Information with SHROOMS MALIBU. However, if you choose not to share your Personal Information, in some cases, SHROOMS MALIBU may not be able to provide the services or products you require, provide certain specialized functionality or respond effectively to a question you may have.

 

  1. PURPOSES FOR PROCESSING YOUR PERSONAL DATA

 

By reference to the "Purpose limitation principle", the development and performance of the various activities pursued by SHROOMS MALIBU mean that there is a relevant set of purposes for the processing of your Personal Data, such as:

 

  1. Accounting, Fiscal and Administrative Management: client management, supplier management, administrative management, and economic and accounting management;
  2. Commercial Activity and Marketing: contact management, client management for the provision of services, marketing activities and opinion polls and surveys;
  3. Profile Creation and Analysis;
  4. Human Resource Management: personnel selection and recruitment;
  5. Electronic Communications Management: management of website usage and traffic data retention;
  6. Fulfillment of Legal Obligations: transfer of data to Third Parties.

 

  1. GROUNDS OF LAWFULNESS

 

With reference to the "Lawfulness Principle", in the development and performance of its activities, SHROOMS MALIBU only processes your Personal Data when there is a legal basis that legitimizes the processing, namely:

 

Consent: SHROOMS MALIBU will only process your Personal Data if you consent to its processing through a free, specific, informed and explicit manifestation of will, by which you accept, through a declaration (in writing or orally) or an unequivocal positive act (by filling in an option), that your Personal Data will be subject to processing.

Pre-contractual inquiries or the execution of a contract: SHROOMS MALIBU may process your Personal Data if they are necessary, but not limited, to the execution of a contract for the provision of services to which you are a party as an employee, client and/or supplier, or to carry out pre-contractual inquiries at your request.


Compliance with a legal obligation: SHROOMS MALIBU may process your Personal Data to ensure and guarantee compliance with legal obligations to which it is subject under the laws of a Member State and/or the European Union.


Defense of the Data Subject's vital interests: SHROOMS MALIBU may process your Personal Data to ensure the defense of your vital interests, in particular where such Processing is essential to your life.


Legitimate Interests: SHROOMS MALIBU, other Controllers or Third Parties may process your Personal Data provided that such Processing does not override your interests or fundamental rights and freedoms.

 

  1. RETENTION PERIOD OF YOUR PERSONAL DATA

 

By reference to the "Retention Principle", SHROOMS MALIBU keeps your Personal Data only for the period of time necessary to carry out the specific purposes for which they were collected. However, SHROOMS MALIBU may be required to retain some Personal Data for a longer period, taking into account factors such as:

  • Legal obligations under existing laws to retain Personal Data for a certain period;
  • Limitation periods, under the laws in force;
  • (eventual) Litigation; and,
  • Guidelines issued by the competent data protection authorities.

 

While your Personal Data are being processed, SHROOMS MALIBU ensures that they are processed in accordance with this Data Protection and Privacy Policy. As soon as your Data are no longer required, SHROOMS MALIBU will securely delete them.

 

 

 

 

  1. SHARING OF YOUR PERSONAL DATA

 

Subcontractors: Your Personal Data may be shared with companies entrusted with the provision of services by SHROOMS MALIBU. These companies are bound by a written contract and may only process your Personal Data for the purposes specifically set out and are not authorized to process your Personal Data, directly or indirectly, for any other purpose, for their own or a third party's benefit.

Other Responsible Parties and/or Third Parties: Your Personal Data may be shared internally with other SHROOMS MALIBU companies that will comply with the applicable data protection rules according to the purposes assigned to the Processing performed.

 

At your request and with your consent, your Personal Data may be shared with third parties.

 

In compliance with legal and/or contractual obligations, Personal Data may also be transmitted to judicial, administrative, supervisory or regulatory authorities and also to entities that lawfully carry out data compilation, fraud prevention and combat actions, market or statistical studies.

 

  1. YOUR RIGHTS AND HOW TO EXERCISE THEM

 

As the Holder of Personal Data processed by SHROOMS MALIBU, you have the right of access, rectification, limitation, portability, erasure and the right to object to the Processing of Personal Data in certain circumstances, which may be exercised in accordance with this chapter of the Data Protection and Privacy Policy.


Right to information: You have the right to obtain clear, transparent and easily understandable information about how SHROOMS MALIBU uses your Personal Data and what your rights are.

Right of Access: You have the right to obtain information about what Personal Data SHROOMS MALIBU is processing (if any) and certain information (similar to that provided in this Data Protection and Privacy Policy) about how that Data is processed.

This right lets you know and confirm that we use your Data in compliance with data protection laws.

SHROOMS MALIBU may refuse to provide the information requested where to do so would require SHROOMS MALIBU to disclose another person's Personal Data or where the information would adversely impact another person's rights.

Right of Rectification: If your Data is incorrect or incomplete (for example, if your name or address is wrong), you may ask SHROOMS MALIBU to take reasonable steps to correct it.

Right to erasure of data: This right is also known as the "right to be forgotten" and, in simple terms, allows you to request the erasure or deletion of your data if there are no valid grounds for SHROOMS MALIBU to continue using them or if their use is unlawful. This is not a general right to erasure, as exceptions are possible (for example, if the data are necessary for the defense of a right in legal proceedings).

 

Right to restriction of processing: You have the right to "block" or prevent further use of your Data while SHROOMS MALIBU evaluates a request for rectification or as an alternative to erasure. Where Processing is limited, SHROOMS MALIBU may still store your Data but may not use it further. SHROOMS MALIBU maintains a list of data subjects who have requested "blocking" of the future use of their data to ensure that this limitation is respected.

Right to data portability: You have the right to obtain and re-use certain Personal Data for your own purposes from various organizations. This right applies only to Personal Data that you have provided to MALIBU SHROOMS and that MALIBU SHROOMS processes with your consent and those that are processed by automated means.

Right to object: You have the right to object to certain types of processing, on grounds relating to your particular situation, at any time during such Processing, for the purposes of the legitimate interest of SHROOMS MALIBU or a Third Party. SHROOMS MALIBU may continue to process such data if it can demonstrate "compelling legitimate grounds for the processing which override its interests, rights and freedoms" or if such data are necessary for the establishment, exercise or defence of legal claims.

Right to lodge a complaint: You have the right to lodge a complaint with the competent supervisory authority, the Comissão Nacional de Proteção de Dados - CNPD (National Commission for Data Protection), if you consider that the processing of your personal data violates your rights and/or the applicable data protection laws.

You may at any time, in writing, exercise the rights enshrined in the applicable legislation on the protection of personal data through the e-mail address ricardo@shroomsmalibu.com

 

  1. SECURITY OF YOUR PERSONAL DATA

 

Your Personal Data will be processed by SHROOMS MALIBU, in the context of the purposes identified in this Policy, in accordance with SHROOMS MALIBU's internal policy and standards and using appropriate technical and organizational measures to promote their security and integrity, particularly with regard to unauthorized or unlawful processing of your personal data and their accidental loss, destruction or damage.

Without limitation, SHROOMS MALIBU uses logical and physical security requirements and measures to ensure the protection of your Personal Data by preventing unauthorized access, ensures that information is stored on secure computers in a locked information center, and implements control procedures to ensure compliance with SHROOMS MALIBU's security policies.

 

However, since the transmission of information over the Internet is not completely secure, SHROOMS MALIBU cannot guarantee the security of your Data when transmitted over an open network.

 

  1. CONFIDENTIALITY

 

SHROOMS MALIBU recognizes that the information you provide to us may be confidential. SHROOMS MALIBU does not sell, rent, distribute, commercially or otherwise make Personal Data available to any third party except where it needs to share information with Service Providers for the purposes set out in this Data Protection and Privacy Policy. SHROOMS MALIBU preserves the confidentiality and integrity of your Data and protects it in accordance with this Data Protection and Privacy Policy and all applicable laws.

 

  1. COOKIES

 

SHROOMS MALIBU uses cookies to collect information about the use of the Website. Whenever you use the Site, SHROOMS MALIBU processes your Personal Information collected through the use of cookies in accordance with our Cookie Policy.For more information on the use of cookies, we advise you to read and review our Cookies Policy and consult it regularly to check for the most up-to-date versions

 

  1. CONTACTS

 

If you have any questions or would like more information about how we handle your Personal Data, and what our information security practices are, please feel free to contact us at the following addresses:

Email: info@shroomsmalibu.com

 

  1. CHANGES TO THIS DATA PROTECTION AND PRIVACY POLICY

 

SHROOMS Malibu may update this Data Protection and Privacy Policy and any other specific data protection and privacy statements from time to time. When making changes to this Data Protection and Privacy Policy, a new date will be added at the end of the Data Protection and Privacy Policy.

Date: 22.12.2021