This policy is complemented by others on security/security, which are relevant to the company’s business, together describing Quinta da Alorna’s approach to information security and privacy.
This policy applies to all Professionals and Partners of Quinta da Alorna and, when identified, to third parties who access the company’s assets.
The terms ‘Privacy’, ‘Data Privacy’ and ‘Data Protection’ can be used in the same sense as they are associated with a complex set of legal requirements that apply to Personal Data, which goes beyond data security and confidentiality. For example, it includes requirements on the transparency of data use and on data retention.
Compliance with this policy is mandatory and, therefore, all Professionals and Partners have individual responsibility to ensure their compliance with it and, if necessary, must request clarification from the leaders of their respective teams.
It is Quinta da Alorna’s responsibility to define the appropriate mechanisms to achieve compliance with this policy, being responsible for the operational implementation of the teams, with the support of the Privacy Officer.
Compliance with this policy can be monitored through inspections, audits and/or requests for written confirmations of compliance, with all areas being responsible for regularly assessing their compliance with it within their area of responsibility.
Accordingly, any employee who has violated this policy is subject to disciplinary action.
This policy is based on the principles established in the RGPD. However, there are national differences in the applicability of Quinta da Alorna’s data protection and privacy, when processing personal data outside the EU, when receiving personal data from outside the EU or when processing personal data of non-EU citizens. community.
In case of doubt, contact the Privacy Officer (firstname.lastname@example.org).
Data Protection Principles
As part of our activity, we process Personal Data: whether we receive personal data in the course of our business opportunities, our commitments to customers, marketing activities or a series of other related and support activities. Data may be received directly from a Data Subject (for example, in person, via mail, e-mail, telephone or other sources), namely from our customers, partners, subcontractors, joint Data Controllers, support service providers and credit reference agencies.
All professionals and partners must only request personal data from a Data Subject that is relevant and necessary to fulfill a certain business purpose and task.
Quinta da Alorna undertakes to comply with the principles of personal data protection defined by the RGPD, namely:
- Lawfulness, loyalty and transparency: means that we must have a legitimate reason by virtue of which we process Personal Data, for example, consent of the Data Subject, compliance with a legal obligation to which we are subject. It also means that we must clearly inform the Data Subject about the processing;
- Limitation of Purposes: we must only request Personal Data for specific, explicit and legitimate purposes and not treat it beyond the purpose for which it was requested;
- Minimization of data: the Personal Data being processed must be adequate, relevant and limited to what is necessary;
- Accuracy: we have an obligation to ensure that Personal Data is accurate and to update it whenever necessary;
- Limitation of Retention: We must not retain Personal Data for a period longer than necessary for the purposes for which it is processed, although we may retain some for historical and statistical purposes;
- Integrity and Confidentiality: we must have adequate security controls in place to protect data against unauthorized and illegal processing, loss, destruction or damage, including technical and organizational measures such as defined processes, training and awareness;
- Legal transfer outside the European Economic Area: We only transfer Personal Data outside the EEA provided that adequate safeguards exist, such as a contractual basis;
- Data Subject Rights: Data Subjects have various rights that we must respect (for example, the right to access a copy of the data we archive and the right to withdraw the consent given for direct marketing purposes).
Legality and loyalty in treatment
Whenever Personal Data is collected, it is necessary to have a legal basis for such processing. According to the RGPD, we must identify at least one of the following reasons for processing Personal Data:
- Consent: The Data Subject has given consent for the data to be processed for one or more specific purposes;
- Contractual: The processing is necessary for the execution of a contract of which the Data Subject is part or for pre-contractual measures;
- Legal: Treatment is necessary to comply with a legal obligation to which the Data Controller is subject;
- Vital interests: Processing is necessary to protect the Data Subject’s vital interests;
- Public interest: Treatment is necessary for the performance of a task performed in the public interest;
- Legitimate interests: The processing is necessary for the legitimate interests of the Data Subject, except where interests or fundamental rights and freedoms of the Data Subject prevail.
When acting as a Data Controller, we must ensure that we have a legitimate basis for collecting and processing Personal Data.
In some situations, we may act as a Subcontractor on behalf of our client, in which case it is the client’s responsibility to ensure that they have a correct reason for the processing of Personal Data, which they must share with us. However, we must take steps to ensure that our contract is clear about our responsibilities in this regard and that if we collect Personal Data directly from Data Subjects on behalf of the customer, we have the basis for doing so legitimately.
When a Special Category of Data is handled there is an additional set of conditions that must be met. Please contact the Privacy Officer for further guidance.
The RGPD requires that Data Subjects be provided with information about the treatment in order to ensure fair and transparent treatment. Whenever we collect Personal Data, we must ensure that we properly explain why we need the information and how we will handle it. When information is collected through our website this information is given through a ‘Privacy Notice’.
Treatment for specific purposes only
Whenever we collect and process Personal Data, we must ensure that we only use it for the specific purposes that were communicated to the respective holder.
Quinta da Alorna must never process Personal Data for additional purposes that have not been communicated to the Data Subject. Only then will we be clear about the purpose of the processing and we must understand the purposes for which our customers may have collected Personal Data or contact the Privacy Officer.
Appropriate, relevant and limited treatment
When we collect and process Personal Data, we must follow the principle of data minimization. This means that we must only collect the minimum Personal Data necessary to perform a specific task.
Additionally, we must ensure that we have an adequate amount of personal data to properly perform a specific task. For example, collecting the data needed just to identify a person.
This also applies to any sharing and other treatment activities. It is important to minimize the data kept and processed; we must ensure that whether we share data internally or externally or if we use it in activities such as testing, we must only use/share the minimum amount in each case.
Accuracy of personal data
We have an obligation to ensure that Personal Data is kept accurate and up to date. We must ensure that adequate processes are in place to maintain accurate data whenever necessary (for example, from professionals or current and potential customers maintained by the relevant areas).
When acting as a Data Controller in relation to a customer we will not be required to implement mechanisms to keep this data up to date; this will be the responsibility of the person responsible for the treatment, that is, our client.
Personal Data Conservation
Personal Data must not be kept any longer than necessary. This means that we must define and apply maximum retention periods for the Personal Data that we process and implement processes to erase them at its term. Therefore, the following retention periods may apply:
(i) for as long as is necessary for the relevant activity or services;
(ii) any retention period required by law;
(iii) the end of the period in which disputes or investigations may arise in relation to the Services; or
(iv) for the minimum period provided for in the contract.
Rights of Data Subjects
The RGPD requires us to inform people about the Personal Data we collect, the purposes and means for which they are processed. Such information is given in the form of a ‘Privacy Notice’.
a) Right of Access
- The Data Subject has the right to ask to see the Personal Data we hold about him, the purpose of the processing and the categories of data in question.
- We must notify the Data Subject of the recipients with whom we will share your data, especially if the recipient is in another country or belongs to an international organization.
- Wherever possible, we will define the data retention period to meet business objectives.
- We must communicate to the Data Subject the existence of the right to object to the processing and of its right to rectification and erasure.
- We must communicate to the Data Subject the existence of his right of complaint to a Controlling Authority.
- When data is collected from someone other than the Data Subject, the source of the data must be communicated to him.
- We must ensure that we have processes in place to identify and respond to Data Subject access issues without undue delay and within a maximum period of one month.
b) Right of rectification
- Data Subjects have the right to rectify inaccurate data, and Quinta da Alorna makes every effort to do so immediately.
c) Right to deletion
- The Data Subject has the right to obtain from the Data Controller the deletion of his data (‘right to be forgotten’). It is up to Quinta da Alorna to do everything possible to immediately erase the data kept, except when there is a legal requirement for its conservation. If you receive a request from a Data Subject, please contact the Privacy Officer first before deleting any data.
d) Children’s rights
- All individuals, including children, are protected by the RGPD. For children under 13 years of age, we must not process their Personal Data based on their consent, unless authorized by the respective holders of parental responsibilities.
- We may sometimes send our customers and partners marketing material to inform them of services, upcoming events or other activities of interest to them, in which case we must indicate the right to withdraw consent at any time if they wish not to be contacted again at these terms.
- We must also ensure that we have processes in place to ensure that all participation preferences are recorded and respected.
Security of Retained Data
Quinta da Alorna will maintain data security by protecting the Confidentiality, Integrity and Availability of Personal Data, as follows:
- Confidentiality means that only authorized people can access the data;
- Integrity means that Personal Data must be accurate and adequate for the purposes inherent in the processing;
- Availability means that authorized users must be able to access the data if they need it for the authorized purposes.
All professionals and partners must avoid any inappropriate disclosure of Personal Data and comply with our general obligations regarding Confidentiality.
a) Disclose Personal Data to third parties only upon instruction or when we have a legitimate basis for doing so, and there are no restrictions in place.
b) Disclose Personal Data to third parties in the event that we sell or buy any business or assets, or when we are a joint Data Controller as part of a joint venture.
c) Sharing Personal Data with a third party that is processing data on our behalf, which may include transferring data to a third country.
Generally Personal Data may be disclosed:
a) To Professionals or agents so that they can perform their functions as such.
b) In cases where non-disclosure could impair the prevention or detection of crimes, the deduction of charges against offenders, or the assessment or collection of any tax or fee. Quinta da Alorna must have adequate reasons to disclose data under this category in order to avoid criminal prosecution. All disclosures must be justified and documented.
For legal purposes, data may be disclosed if:
a) Required by law, statute or court order.
b) In order to obtain legal advice;
c) In the context or for the purposes of a judicial process or when necessary to defend a legal right.
d) To safeguard national security.
International Transfer of Personal Data
Quinta da Alorna may transfer any Personal Data to a third country or international organization. The Personal Data we hold may also be processed by employees operating in a third country or for one of our suppliers.
We must ensure that at least one of the following conditions applies:
a) The country to which the Personal Data are transferred guarantees an adequate level of protection for the rights and freedoms of Data Subjects, as decided by the EU Commission.
b) Appropriate safeguards are provided (eg data protection standard clauses).
c) The Data Subject has given explicit consent to the transfer after being informed of the possible risks.
d) The transfer is necessary for one of the reasons established in the RGPD, including the execution of a contract between Quinta da Alorna and the Data Subject, or protection of the vital interests of the Data Subject.
e) The transfer is legally required for important reasons of public interest or for the filing of legal actions or defense within the scope thereof.
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Collection and Conservation
- Quinta da Alorna, as an employer, collects, processes and maintains personal data of workers, contractors, consultants and candidates. The Human Resources Department and other departments that process Personal Data of professionals must verify and document the legal basis inherent in the processing they carry out. Professionals’ Personal Data should only be processed when there is a valid and legitimate purpose for this purpose.
- The collection of personal data related to our employees takes place through different channels and formats, such as: application forms; electronic web forms, (eg during the recruitment process); data records; CCTV images; team photographs including identification cards; data from other sources (eg past employers); credit checks and security checks; etc.
- The creation and storage of personal data related to our professionals takes place through various channels and formats, such as: payment receipts; assessment records; employment contracts; emails; disease records; etc.
Training and Awareness
- We are committed to providing adequate training on personal data protection to all professionals. If necessary we will provide personalized training and awareness for people taking into account their roles.
Process design and modification
- For all proposed new systems and business procedures involving Personal Data, consideration should be given to whether an assessment of the impact on privacy and information security is required to identify risks and controls.