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PRIVATE POLICY
Compliance with legislation on the protection of personal data and respect for the rights of personal data subjects who interact with The MAD Kitchen is a priority. Customers, employees, suppliers and those who occasionally interact with The MAD Kitchen (visitors to the website) can expect from The MAD Kitchen a high level of protection and respect for their rights, and to this end have adopted a diverse set of technical and organisational measures
Personal Data is any information relating to an identified or identifiable natural person (the “data subject”) – an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier (a name, an identification number, location data, electronic identifiers) or to one or more elements specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
The purpose of this page is to provide information on how The MAD Kitchen handles personal data (any operation concerning personal data, including its access, collection, storage, organisation and use until its disappearance) in compliance with the General Data Protection Regulations, available at: https://eur-lex.europa.eu/legal-content/PT/ALL/?uri=celex%3A32016R0679.
The MAD Kitchen does not collect, register, store, use or communicate, by automated and/or non-automated means – including the creation of a personal data base or the definition of a profile – of its Customers’ personal data.
The information and personal data in our possession are for the sole and exclusive purpose of providing our services, duly contracted and detailed in the service contracts signed with our clients. This data is kept at least for as long as there is a contractual relationship between The MAD Kitchen and a Client or for a longer period of time, if this is imposed by law or by legitimate interests of The MAD Kitchen or third parties. The MAD Kitchen may also collect and use personal data from non-Client holders, as explained in greater detail below.
The MAD Kitchen classifies the personal data of its Customers into the following categories:
Identification data: may include full or abbreviated name; gender; date of birth/age; marital status; citizen card number; social security number; passport number; other number issued by a competent authority (tax number; driving licence, NHS user, etc.); nationality; academic qualifications; images of citizen cards, passports, driving licences and signatures; photographs.
Family data: may be included, name and contact details of family members, dependants or information concerning the composition of the household.
Contact details: address, telephone number, e-mail address may be included.
Employment data: sector and area of activity may be included; hierarchical position; name of current employer and past employers; work address; workplace telephone number, work e-mail address.
Qualifications data: vocational and academic training data may be included.
Financial data: residence address may be included; bank account number.
The MAD Kitchen will treat the Client’s personal data as strictly confidential in accordance with the applicable legal and regulatory rules, having adopted technical and organisational measures so as not to allow – within its possibilities and responsibilities – third parties to make improper use of them and conditioning the assignment or transmission, where legally possible, to the express acceptance, by the assignee, of the aforementioned confidentiality obligation.
The personal data to which The MAD Kitchen has access result mainly from having been provided by the Client in the context of the commercial relationship that is established with The MAD Kitchen.
Within the framework of the contractual relations established between The MAD Kitchen and its Clients, the Client will have to transmit a set of personal data that is essential for The MAD Kitchen to form the contractual will and, afterwards, to carry out the contractual terms.
In everything that is not essential to the conclusion of the contract or the provision of a service by The MAD Kitchen – whether by legal imposition or by the legitimate interest of The MAD Kitchen – the communication of personal data depends entirely on an option by the Customer.
Likewise, in the absence of any contractual relationship established, the personal data that third parties communicate to The MAD Kitchen, and of which they are the owners, shall not be subject to a legal obligation and their failure to communicate shall not entail any consequences for third parties. The communication of personal data is entirely at the discretion of the owner.
The MAD Kitchen informs the Client that it is legally authorised, regardless of the Client’s consent, to:
All other processing of personal data and other purposes of processing that do not fall within the scope defined above depend, for their legality, on the Customer’s consent, which must be expressed freely, specifically, informed and explicitly. This means that in all processing of personal data that exceeds the scope identified in this paragraph, the Customer may always refuse his consent, without this consent being a requirement for the conclusion of the service contract or any other contract with The MAD Kitchen. On the other hand, consent that has been given at a given time may always be withdrawn.
The MAD Kitchen processes personal data for quite different purposes and on different legal grounds:
a) To enable the conclusion, execution and management of the contractual relations established with the Client, including the performance or management of related operations
For example:
– The contact details provided by the Customer at the time of conclusion of the contract, or phases immediately prior to the conclusion of the contract and which constituted the necessary and mandatory steps for the same, are maintained throughout the duration of the commercial relationship, in order to be able to prove the conclusion of a contract, identify the counterparty, authenticate its instructions, and address to it communications and notifications of a contractual nature.
b) Compliance with applicable laws or regulations and the continuation of The MAD Kitchen activity
For example:
– The MAD Kitchen is legally obliged to obtain various documents that enable it to identify its Client and may have to carry out exhaustive due diligence on the Client and the origin of the data provided, by imposing anti-money laundering and anti-terrorist financing legislation, for which The MAD Kitchen may have to access publicly available information on the Client, as well as request the delivery of various information;
c) Pursuing the legitimate interests of The MAD Kitchen
For example:
– The MAD Kitchen may use the contact details to which it has had access under the contract entered into with Customers for the purposes of communicating products and services made available by The MAD Kitchen to Customers, without prejudice to the right of opposition of the Customer who does not wish to be the recipient of such communications;
– The MAD Kitchen may use the electronic mail address for the purposes of communicating declaratory tax obligations, information on tax amounts, withholdings or other amounts to be delivered to the State and also for information on amounts owed by The MAD Kitchen as a result of the services provided under the contract established or expressly requested by the Customer and that although they fall within the scope of the services offered, they are excluded from the scope of the contract established;
– The MAD Kitchen may also use personal data for the pursuit and legitimate interests of the Client, namely to obtain tax exemptions or benefits associated with the accounting information processed.
d) Consent
Whenever the above-mentioned legal grounds do not exist, the processing of the Customer’s personal data is dependent on the Customer’s Consent or on other data holders processed by The MAD Kitchen. In this context, the Customer may have authorised The MAD Kitchen at the time of establishing the service provision contract, to use contact data and store it in specific databases with the aim of promoting and advertising The MAD Kitchen products and services to the Customer;
Regarding Potential Clients, as defined above, the maintenance of identity and contact information and its use in communications for marketing purposes, whatever the means used, always depends on their consent.
In general, The MAD Kitchen has categorised the purposes of processing personal data as follows:
Reception: processing of data for the purpose of contracting new clients and compliance with The MAD Kitchen internal policies and procedures for receiving clients.
Investigations: processing of data necessary for the purpose of detecting, preventing, and investigating situations of non-compliance with internal policies and fraud situations.
Security: data processing to ensure the physical security of The MAD Kitchen premises (including records of visits to The MAD Kitchen premises and records of video surveillance cameras) and computer system security (including access records and computer system access details).
Recruitment: processing of data for the purposes of the recruitment process with a view to hiring employees.
Employment relationship: processing of data for the purpose of employment relationship execution, including records of working and non-working times and payment of wages.
Safety and health: processing of data necessary for the fulfilment of legal obligations regarding safety and health at work.
Legal compliance: processing of data necessary to ensure that The MAD Kitchen complies with legal obligations to which it is subject.
Legal procedures: processing of data necessary to exercise The MAD Kitchen rights.
Financial management: data processing for supplier management, compliance with tax obligations, The MAD Kitchen funding management, accounting records and financial auditing.
Marketing/Prospecting: processing of data for the purpose of communicating with clients or potential clients (including email, telephone, SMS messages, post’s on social networks, or personal communications), and to maintain and update contact information for these purposes.
Product and service governance: processing of data necessary for the purpose of identifying relevant issues related to the services provided by The MAD Kitchen, Planning of service improvements. Provision of new services.
Products and services: processing of data necessary for the execution and administration of contractual relations established between The MAD Kitchen and its Clients and related tasks. Including communications established for the purposes of these relationships and services.
Operation of websites: data processing necessary for the operation and management of The MAD Kitchen websites and applications and other information and to communicate and interact through websites.
Information technology management: data processing necessary for the management of The MAD Kitchen communications system, security operation of information technology systems and audits of those systems.
Regarding the personal data that The MAD Kitchen keeps in its possession, those employees of The MAD Kitchen who need access in order to fulfil the above-mentioned processing purposes may access the data. In this context, The MAD Kitchen has adopted technical and organisational measures to limit access to the minimum indispensable on a need-to-know basis, with the aim of maximising the possible security of such data.
As mentioned above, The MAD Kitchen may also have to make information regarding the Client available to various competent authorities (e.g. the Tax Authority, Social Security, Public Prosecutor’s Office, criminal police bodies, etc.), either national or international, in order to comply with obligations in the context of criminal proceedings, investigations into money laundering and terrorist financing, judicial proceedings, or of a fiscal nature and, in general, whenever the law so requires.
The MAD Kitchen may also have to transmit personal data of Clients to third parties in order to carry out the contracts it has entered into with Clients or instructions that have been transmitted to it, to the extent that such transmission is a sine qua non condition for the performance of those contracts or instructions.
The MAD Kitchen may transmit personal customer data to third parties, subject to appropriate contractual safeguards, and with scrupulous respect for the rules on secrecy and protection of personal data, using data anonymisation whenever this is imposed by the way it has structured its activity and organisation and in accordance with the contractual partnerships established. For example, The MAD Kitchen may resort to outsourcing services for physical document archiving or outsourcing computer systems for electronic data archiving or providing services (cloud computing).
Personal data is kept by The MAD Kitchen according to the purpose for which it is processed. As an general rule, The MAD Kitchen will not retain personal data after the reasons justifying their processing have ceased and if the retention is not imposed by law.
It should be noted that some personal data duly deleted from The MAD Kitchen various databases may have to be kept in The MAD Kitchen back-up files, duly framed by restrictive rules regarding access or return to the computer system insofar as this is imposed by The MAD Kitchen computer system-related security rules, namely those relating to business continuity.
The commercial relationship, as a rule, established for an indefinite duration of the service contract. Thus, the personal data that is kept for the purpose of carrying out operations related to the Contract or of a legitimate interest that has its raison d’être in the Contract, will last at least as long as that contractual relationship lasts. It should be noted that, even after termination of the contract, some records must remain accessible by law or may be necessary to demonstrate the terms of the contractual relationship. In the Portuguese legal system, since the ordinary limitation period is 10 years, it may be necessary to keep records of personal data at least for that period
Whenever the Customer or any other holder has authorised the processing of personal data for one or more specific purposes, and such processing can only be lawfully carried out on the basis of such consent because no other grounds for the processing are applicable, as informed in point 3 of this Information Document, the Customer has the right to withdraw their consent at any time, and to this end they should contact The MAD Kitchen in writing.
With regard to the processing of personal data that is justified by the legitimate interests of The MAD Kitchen, as informed in point 3 of this Information Document, and whenever The MAD Kitchen carries out processing for purposes other than those for which the personal data has been collected, the Customer or other holders have the right to object at any time, on grounds relating to their particular position, to the processing of data concerning them, including the definition of profiles (right of opposition) .
The right to object includes opposing the processing of personal data for the purposes of direct marketing by The MAD Kitchen, that is, the Customer may always object at any time to The MAD Kitchen using their contact data for the purposes of advertising their products and services.
The Customer has the right to in accordance with data protection legislation:
a) to access, request the updating or rectification of personal data concerning him/her (rights of access and rectification), by contacting The MAD Kitchen in writing; and, further,
b) in relation to personal data that has been provided to The MAD Kitchen by the Customer, in performance of a contract or on the basis of consent, to request that it be handed over to The MAD Kitchen or to a different responsible person and processing designated by the Customer, in a structured format, of current use and automatic reading (right of portability) and for this purpose contact The MAD Kitchen in writing;
c) under the conditions defined in data protection legislation, including (i) whenever the data is no longer necessary for the purpose for which it was collected or processed; (ii) whenever consent is withdrawn and there is no other legal basis for the processing; (iii) when the right to object is exercised and there are no overriding interests that justify the processing, the Customer has the right to request deletion (right to be forgotten) and for this purpose should contact The MAD Kitchen in writing;
d) under the conditions defined in the data protection legislation, to request that the data processed by The MAD Kitchen be subject to limitation of processing, in which case the data may only be retained by The MAD Kitchen or used with the consent of the owner or for the purpose of declaration, exercise or defence of a right in a legal proceeding (right to limitation of processing), and for this purpose must contact The MAD Kitchen in writing.
The data subject has the right to be informed by The MAD Kitchen of measures taken following the exercise of his rights without undue delay and within 30 days of receipt of the request, unless an extension is possible in accordance with the law. The measures taken tend to be free of charge. If requests are manifestly unfounded or excessive, The MAD Kitchen may charge a reasonable fee taking into account the administrative costs of providing the information or communication or may even refuse the request.
Any contact for clarification or request concerning the protection of personal data can be made via the e-mail address info@themadkitchen.pt.
THE MAD KITCHEN IS A REGISTERED TRADEMARK © 2024. ALL RIGHTS RESERVED.