In the context of making the website hosted at https://waatstudio.com (“website”) available and entering into contracts with its users (“User”), WAAT STUDIO, LDA, legal entity no. 514622873, with headquarters at Rua Dr. Eduardo Santos Silva 261 BJ3, 4200 – 283 Porto (“WAAT Studio”) may request the User to provide personal data, that is, information provided by the User that allows WAAT Studio to identify and/or contact them (“Personal Data”). As a rule, Personal Data is requested when the User requests a quote through the website or through contact via email or telephone, or when establishing a contractual relationship with WAAT Studio.
The collected and processed Personal Data consists of information relating to the full name, email address, and telephone contact (collected when requesting a quote). Subsequently, within the scope of the contractual relationship to be established, Personal Data consisting of the address, tax identification number, civil identification number, banking information necessary for processing the collection of invoices, and the identification of a third person (only applicable to cases where the User themselves will not pick up the equipment(s)) will be collected and processed.
When collecting Personal Data, WAAT Studio provides the User with detailed information about the nature of the data collected and about the purpose and processing that will be carried out regarding the Personal Data, as well as the information mentioned in clause 8.
WAAT Studio also collects and processes information about your hardware and software, as well as information about the pages visited by the User within the website. This information may include: your browser type, domain name, access times, and the hyperlinks through which the User accessed the website (“Usability Information”). We only use this information to improve the quality of your visit to our website.
Usability Information and Personal Data are referred to in this Privacy Policy as “User Data”.
Thus, the entity responsible for the processing of User Data and for the preparation of this Privacy Policy is WAAT Studio.
1.2. SUBCONTRACTED ENTITIES
In the context of processing User Data, WAAT Studio uses or may use third-party entities, subcontracted by it, to process User Data on behalf of WAAT Studio and according to the instructions given by it, in strict compliance with the law and this Privacy Policy.
These subcontracted entities may not transmit User Data to other entities without WAAT Studio having previously given written authorization, and they are also prevented from contracting other entities without WAAT Studio’s prior authorization.
WAAT Studio undertakes to only subcontract entities that present sufficient guarantees of implementation of appropriate technical and organizational measures, in order to ensure the defense of the User’s rights. All entities subcontracted by WAAT Studio are bound to the latter through a written contract in which the object and duration of the processing, the nature and purpose of the processing, the type of personal data, the categories of data subjects, and the rights and obligations of the parties are regulated, among other things.
When collecting personal data, WAAT Studio provides the User with information about the categories of subcontracted entities that, in the specific case, may process data on behalf of WAAT Studio.
In terms of general principles relating to the processing of personal data, WAAT Studio undertakes to ensure that the User Data processed by it is: a) Subject to lawful, fair, and transparent processing in relation to the User;
b) Collected for specified, explicit, and legitimate purposes, and not further processed in a manner incompatible with those purposes;
c) Adequate, relevant, and limited to what is necessary in relation to the purposes for which they are processed;
d) Accurate and updated whenever necessary, with all appropriate measures being adopted so that inaccurate data, taking into account the purposes for which they are processed, are erased or rectified without delay;
e) Kept in a form which permits identification of the User for no longer than is necessary for the purposes for which the data are processed; and
f) Processed in a manner that ensures its security, including protection against unauthorized or unlawful processing and against accidental loss, destruction, or damage, by adopting appropriate technical or organizational measures. The data processing carried out by WAAT Studio is lawful when at least one of the following situations occurs: a) The User has given their explicit consent to the processing of User Data for one or more specific purposes;
b) The processing is necessary for the performance of a contract to which the User is party or in order to take steps at the request of the User prior to entering into a contract;
c) The processing is necessary for compliance with a legal obligation to which WAAT Studio is subject;
d) The processing is necessary to protect the vital interests of the User or of another natural person; and
e) The processing is necessary for the purposes of the legitimate interests pursued by WAAT Studio or by a third party (except where such interests are overridden by the interests or fundamental rights and freedoms of the User which require protection of personal data). WAAT Studio undertakes to ensure that User Data is only processed under the conditions listed above and in compliance with the principles mentioned above.
When WAAT Studio processes User Data based on the User’s consent, the User has the right to withdraw their consent at any time. The withdrawal of consent, however, does not compromise the lawfulness of the processing carried out by WAAT Studio based on the consent previously given by the User.
In general terms, WAAT Studio uses User Data for the following purposes:
a) Preparation of a quote requested by the User;
b) Management of the respective contractual relationship with the User;
c) Management of contacts with the User;
d) Invoicing and collecting payments from the User;
e) User registration on the website;
f) Ensuring that the website meets the User’s needs, through the development and publication of content that is as adapted as possible to the requests and type of User, and by improving the website’s search capabilities and functionalities; User Data collected by WAAT Studio is not shared with third parties without the User’s consent, except for the situations mentioned in the following paragraph.
Under the applicable legal terms, WAAT Studio may transmit or communicate User Data to other entities in case such transmission or communication is necessary for the performance of the contract established between the User and WAAT Studio, or for pre-contractual steps at the request of the User, in case it is necessary for compliance with a legal obligation to which WAAT Studio is subject, or in case it is necessary for the purpose of pursuing legitimate interests of WAAT Studio or a third party (for example, in case of sale or transfer of part or all of WAAT Studio, or its respective assets, or for the purpose of collecting debts from the User to WAAT Studio). Should User Data be transmitted to third parties, we will make reasonable efforts to ensure that the recipient uses the transmitted User Data in a manner consistent with the Privacy Policy.
To ensure the security of User Data and maximum confidentiality, we treat the information you provided to us with absolute confidentiality, in accordance with our internal security and confidentiality policies and procedures, which are periodically updated according to needs, as well as in accordance with the legally established terms and conditions.
Depending on the nature, scope, context, and purposes of the data processing, as well as the risks arising from the processing for the rights and freedoms of the User, WAAT Studio undertakes to apply, both at the time of determining the means of processing and at the time of the processing itself, the necessary and appropriate technical and organizational measures to protect User Data and to comply with legal requirements. It also undertakes to ensure that, by default, only data necessary for each specific purpose of the processing are processed, and that this data is not made available without human intervention to an indeterminate number of people.
In terms of general measures, WAAT Studio adopts the following:
a) Regular audits to assess the effectiveness of the implemented technical and organizational measures;
b) Awareness and training of staff involved in data processing operations;
c) Pseudonymization and encryption of personal data;
d) Mechanisms capable of ensuring the permanent confidentiality, availability, and resilience of information systems;
e) Mechanisms that ensure the restoration of information systems and access to personal data in a timely manner in the event of a physical or technical incident;
When you visit our website, you will be asked for your consent for the creation and storage of a text file (Cookie) on your computer. This file will allow you easier and quicker access to the website, as well as its personalization according to your preferences. Most browsers accept these files (Cookies), but the User can delete them or automatically define their blocking. You will find how to make these settings in the “Help/Help” menu of your browser. However, if you do not allow the use of cookies, there may be some functionalities of the Site/Application that you will not be able to use.
6.1. Information provided to the User by WAAT Studio (when data is collected directly from the User):
a) The identity and contact details of WAAT Studio, the controller;
b) The purposes of the processing for which the personal data are intended, as well as the legal basis for the processing, if applicable;
c) If the data processing is based on the legitimate interests of WAAT Studio or a third party, an indication of such interests;
d) The recipients or categories of recipients of the personal data, if applicable;
e) If applicable, an indication that the personal data will be transferred to a third country or an international organization, and the existence or absence of an adequacy decision adopted by the Commission or reference to appropriate or suitable transfer safeguards;
f) Personal data retention period;
g) The right to request from WAAT Studio access to personal data, as well as its rectification, erasure, or restriction, the right to object to processing, and the right to data portability;
h) If the data processing is based on the User’s consent, the right to withdraw consent at any time, without compromising the lawfulness of the processing carried out based on the consent previously given;
i) The right to lodge a complaint with the CNPD or another supervisory authority;
j) Indication of whether the communication of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether the data subject is obliged to provide the personal data and the possible consequences of not providing such data;
k) If applicable, the existence of automated decision-making, including profiling, and meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject. If WAAT Studio intends to further process User Data for a purpose other than that for which the data was collected, prior to such processing, WAAT Studio will provide the User with information about that purpose and any other relevant information, under the terms mentioned above.
6.2. Procedures and measures implemented with a view to complying with the right to information. The information referred to in 6.1. is provided in writing (including by electronic means) by WAAT Studio to the User prior to the personal data processing in question. Under applicable law, WAAT Studio is not obliged to provide the User with the information mentioned in 6.1 when and to the extent that the User already has knowledge of it.
The information is provided by WAAT Studio free of charge.
WAAT Studio guarantees the means that allow the User access to their Personal Data.
The User has the right to obtain from WAAT Studio confirmation as to whether or not personal data concerning them is being processed, and, where that is the case, the right to access their personal data and the following information:
a) The purposes of the data processing;
b) The categories of personal data concerned;
c) The recipients or categories of recipient to whom the personal data have been or will be disclosed, namely recipients in third countries or international organizations;
d) The personal data retention period;
e) The right to request from WAAT Studio rectification, erasure, or restriction of processing of personal data, or the right to object to such processing;
f) The right to lodge a complaint with the CNPD or another supervisory authority;
g) The existence of automated decision-making, including profiling, and meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject;
h) The right to be informed about the appropriate safeguards relating to the transfer of data to third countries or international organizations. Upon request, WAAT Studio will provide the User, free of charge, with a copy of the User Data undergoing processing. The provision of other copies requested by the User may involve administrative costs.
The User has the right to request, at any time, the rectification of their Personal Data and the right to have their incomplete personal data completed, including by means of a supplementary statement.
In case of rectification of data, WAAT Studio shall communicate the rectification to each recipient to whom the data has been disclosed, unless this communication proves impossible or involves a disproportionate effort for WAAT Studio. If the User requests it, WAAT Studio provides information about the aforementioned recipients.
The User has the right to obtain from WAAT Studio the erasure of their data when one of the following grounds applies:
a) The User Data is no longer necessary in relation to the purposes for which it was collected or otherwise processed;
b) The User withdraws consent on which the processing is based and there is no other legal ground for the processing;
c) The User objects to the processing pursuant to the right to object and there are no overriding legitimate grounds for the processing;
d) If the User Data has been unlawfully processed;
e) If the User Data has to be erased for compliance with a legal obligation to which WAAT Studio is subject; Under the applicable legal terms, WAAT Studio is not obliged to erase User Data to the extent that the processing is necessary for compliance with a legal obligation to which WAAT Studio is subject or for the establishment, exercise, or defense of WAAT Studio’s rights in legal proceedings.
In case of erasure of data, WAAT Studio shall communicate the erasure to each recipient/entity to whom the data has been disclosed, unless this communication proves impossible or involves a disproportionate effort for WAAT Studio. If the User requests it, WAAT Studio provides information about the aforementioned recipients.
Where WAAT Studio has made the User Data public and is obliged to erase it pursuant to the right to erasure, WAAT Studio shall take reasonable steps, including technical measures, considering the available technology and the cost of implementation, to inform controllers who are processing the personal data that the User has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
The User has the right to obtain from WAAT Studio restriction of the processing of User Data if one of the following situations applies (restriction consists of marking the stored personal data with the aim of limiting its processing in the future):
a) If the accuracy of the personal data is contested by the User, for a period enabling WAAT Studio to verify the accuracy of the personal data;
b) The processing is unlawful and the User opposes the erasure of the data and requests the restriction of their use instead;
c) WAAT Studio no longer needs the User Data for the purposes of the processing, but the data is required by the User for the establishment, exercise, or defense of a right in legal proceedings;
d) The User has objected to processing, pending the verification whether the legitimate grounds of WAAT Studio override those of the User. Where User Data is subject to restriction, such data shall, with the exception of storage, only be processed with the User’s consent or for the establishment, exercise, or defense of a right in legal proceedings, for the protection of the rights of another natural or legal person, or for reasons of important public interest provided for by law.
The User who has obtained restriction of the processing of their data in the cases mentioned above will be informed by WAAT Studio before the restriction is lifted.
In case of restriction of data processing, WAAT Studio shall communicate the restriction to each recipient to whom the data has been disclosed, unless this communication proves impossible or involves a disproportionate effort for WAAT Studio. If the User requests it, WAAT Studio provides information about the aforementioned recipients.
The User has the right to receive the personal data concerning them, which they have provided to WAAT Studio, in a structured, commonly used, and machine-readable format and have the right to transmit those data to another controller, if:
a) The processing is based on consent or on a contract to which the User is party; and
b) The processing is carried out by automated means. The right to portability does not include inferred data or derived data, i.e., personal data generated by WAAT Studio as a consequence or result of the analysis of the data being processed.
The User has the right to have the personal data transmitted directly from one controller to another, where technically feasible. The exercise of the right to data portability is without prejudice to the right to erasure.
The User has the right to object at any time, on grounds relating to their particular situation, to the processing of personal data concerning them which is based on the exercise of legitimate interests pursued by WAAT Studio or when the processing is carried out for purposes other than those for which the personal data were collected, including profiling, or when the personal data is processed for statistical purposes.
WAAT Studio shall cease the processing of the User Data, unless it demonstrates compelling legitimate grounds for the processing which override the interests, rights, and freedoms of the User, or for the establishment, exercise, or defense of a right of WAAT Studio in legal proceedings.
Where User Data is processed for direct marketing purposes, the User shall have the right to object at any time to processing of personal data concerning them for such marketing, which includes profiling to the extent that it is related to such direct marketing. If the User objects to processing of their data for direct marketing purposes, WAAT Studio shall cease the processing of data for that purpose.
The User also has the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or similarly significantly affects them, unless the decision:
a) Is necessary for entering into, or performance of, a contract between the User and WAAT Studio;
b) Is authorized by legislation to which WAAT Studio is subject; or
c) Is based on the User’s explicit consent.
The right of access, the right of rectification, the right to erasure, the right to restriction, the right to portability, and the right to object may be exercised by the User by contacting WAAT Studio, through the following email address info@waatstudio.com.
WAAT Studio will respond in writing (including by electronic means) to the User’s request within a maximum period of one month from the receipt of the request, except in cases of special complexity, in which this period may be extended up to two months.
If the requests presented by the User are manifestly unfounded or excessive, namely due to their repetitive nature, WAAT Studio reserves the right to charge administrative costs or refuse to follow up on the request.
In case of a data breach and to the extent that such breach is likely to result in a high risk to the rights and freedoms of the User, WAAT Studio undertakes to communicate the personal data breach to the User concerned within 24 hours of the incident.
Under the legal terms, communication to the User is not required in the following cases:
d) If WAAT Studio has implemented appropriate protection measures, both technical and organizational, and those measures were applied to the personal data affected by the personal data breach, especially measures that render the personal data unintelligible for any person who is not authorized to access that data, such as encryption;
e) If WAAT Studio has taken subsequent measures which ensure that the high risk to the rights and freedoms of the User is no longer likely to materialize; or
f) If communication to the User would involve a disproportionate effort for WAAT Studio. In that case, WAAT Studio will make a public communication or take a similar measure whereby the User is informed.
WAAT Studio reserves the right to change this Privacy Policy at any time. In the event of modification of the Privacy Policy, the date of the last change, available at the top of this page, is also updated. If the change is substantial, a notice will be placed on the website.
Notwithstanding the provisions of clause 13 regarding the exercise of the rights conferred on the User under legal terms, if you wish to ask questions or make complaints related to the Privacy Policy, you may do so via the following email address admin@waatstudio.com.
The Privacy Policy, as well as the collection, processing, or transmission of User Data, are governed by the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 and the applicable legislation and regulation in Portugal.
Any disputes arising from the validity, interpretation, or execution of the Privacy Policy, or related to the collection, processing, or transmission of User Data, must be submitted exclusively to the jurisdiction of the judicial courts of the district of Porto, without prejudice to applicable mandatory legal rules.
