PERSONAL DATA PROTECTION
Person responsible for processing personal data
Data Protection Contact
Contact for matters relating to the protection of PERSONAL DATA can be made in writing to the following addresses:
Paulo Silva Gomes – Agência de Seguros, Unipessoal, Lda
Rua Dissay, 12, RC Dto
2260-400 Vila Nova da Barquinha
Personal Data Protection Contact
Paulo José da Silva Gomes;
Handling of personal data
The PERSONAL DATA provided in the relationship established with the MEDIATOR are treated in accordance with the applicable legal precepts, namely:
– treated in a lawful, fair, and transparent manner;
– collected for specified, explicit and legitimate purposes and will not be further processed in a way incompatible with those purposes;
– adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
– accurate and, where necessary, kept up to date, with appropriate steps being taken to ensure that any such inaccurate or incomplete data are erased or rectified, having regard to the purposes for which they were collected or for which they are further processed;
– kept in a way that allows the identification of its holders only for the period strictly necessary and within the legally permitted period to pursue the purposes of collection or further processing;
Purposes, grounds for processing and time limits for storing personal data
PERSONAL DATA is processed for the following purposes based, in each case, on the grounds indicated in the table below and is kept for the time strictly necessary to fulfil the same purposes, according to the deadlines (or criteria used to define them) indicated in the same table:
|Purpose||Basis of Lawfulness||Shelf life|
Treatment necessary for the execution and management of the insurance contract and insurance mediation, or for pre-contractual diligences, with the intervention of the MEDIATOR.
Presentation, proposition, celebration and execution of the insurance contract, pre-contractual diligences and support its management, especially in case of a claim, with the MEDIATOR's intervention. Legitimate interest of the controller or a third party in identifying, assessing risks, informing, clarifying and advising on solutions and products. Consent of the DATA SUBJECT. Fulfilment of legal and statutory obligations.
Until expiry of the legal limitation period for all obligations arising from the insurance contract and the insurance mediation activity related thereto.
Prospecting and commercial action.
Consent of the DATA SUBJECT. Legitimate interests of developing and growing the business of the controller or third parties.
Until one year after the end of the contractual and legal relationship.
Compliance with legal obligations, namely with supervisory, tax, and fiscal or judicial authorities, among others.
Compliance with legal and judicial obligations. Legitimate interests of controlling the activity of the controller or a third party. For the declaration, exercise or defense of rights in legal proceedings.
Legal deadline applicable at each moment for each legal and judicial obligation to be fulfilled. Until the expiration of the period of prescription or forfeiture for the exercise of rights.
Telephone call recording
The PERSONAL DATA may be communicated, under commitment of confidentiality, to other companies that are in a control or dominance relationship (Group), already established or to be established, that the MEDIATOR is or will be part of, whose identification and contact information may be requested at any time from the Contact Person for Personal Data Protection, as identified in Article 2 above, above, and may be processed by other entities for which the MEDIATOR acts, if applicable, as a “subcontractor” or “joint controller”, as well as to whom the MEDIATOR has subcontracted its processing, as well as by its insurance co-brokers or Persons Directly Involved in the Activity of Distribution of Insurance (PDEADS). The PERSONAL DATA may also be processed by other INSURERS or co-mediators within the framework of the settlement of claims.
For the purposes described above and in compliance with legal obligations, the PERSONAL DATA may be transmitted to judicial, administrative, supervisory, or regulatory authorities, and also to entities that compile or lawfully carry out data compilation actions, actions to prevent and combat fraud, market studies, or statistical or technical-actuarial studies.
Collecting data from other sources
The INSURERS may proceed to collect information regarding the OWNER of the DATA that is considered relevant for the evaluation of the risk to be insured and the establishment, by the INSURANCE COMPANIES, with the intervention of the INSURER, of the contractual conditions of the insurance, from sources accessible to the public, public organisms, sector associations, existing IT platforms or specialized companies, in order to complement or confirm the information provided by the OWNER of the DATA, within the scope of the purpose of the management of the pre-contractual and contractual insurance relationship, through the INTERMEDIATOR, including the exercise the activity of insurance distribution under the terms of the specifically applicable legislation, in compliance with the duties of information, clarification, transmission, advice, assistance and registration imposed on it by said legislation.
Data subject rights
The holder of the PERSONAL DATA has the right to request the MEDIATOR, and through him/her, the INSURERS, by means of a written request addressed to the Personal Data Protection contact:
– Access, under the terms and conditions provided for by law, to the PERSONAL DATA concerning you that is being processed;
– The correction or updating of inaccurate or outdated
– The treatment of missing PERSONAL DATA when it proves to be incomplete;
– The erasure, in the cases specifically provided for by law, of PERSONAL DATA concerning you;
– The limitation, subject to the conditions provided by law, of the processing of PERSONAL DATA concerning you. Upon written request, addressed to the Personal Data Protection contact, the DATA SUBJECT is also entitled to:
– Withdraw the consent given, when the data processing is based only on consent;
– To object to processing for reasons relating to your particular situation where the data processing is based on the legitimate interest of the “controller” or a third party.
– To receive from the “controller”, “processor” or “joint controller”, in machine-readable digital form, the personal data concerning you which have been provided by you and processed by automated means on a justified basis:
a) in consent provided by the DATA SUBJECT or,
b) em contrato celebrado, may request, in writing, the respective transmission directly to another person in charge, whenever this is technically possible.
The holder of PERSONAL DATA may also request more detailed information from the contact for Personal Data Protection, particularly about the purposes, grounds for lawfulness and retention periods, as well as lodge complaints about the way in which his/her PERSONAL DATA is handled, notwithstanding the fact that he/she may also do so with the National Commission for Data Protection (CNPD).
Security of personal data
Within the scope of the subscription and renewal processes for insurance contracts or operations, the INSURANCE COMPANIES may use automated decision-making solutions that are necessary for the conclusion and execution of the respective insurance contract or operation, with the intervention of the INTERMEDIATOR, using information regarding the policyholder or insured, obtained within the framework of the management of the contractual or pre-contractual relationship, which may lead to decisions being made regarding the contractual conditions applicable in the subscription or renewal. The holder of the PERSONAL DATA may also request from the CONTACT for Personal Data Protection more detailed information about the logic behind the processes in question, within the framework of the subscription and renewal of contracts, through the MEDIATOR, namely about the information taken into account for the taking of exclusively automated decisions and the way in which this information is integrated into the INSURANCE decision making process. In all cases where the INSURERS make decisions based exclusively on automated data processing, the processes shall, as a minimum, incorporate mechanisms to give the data subject the possibility:
(i) express their point of view;
(ii) challenge the decision; and
(iii) request and obtain from the INSURED, directly or through the MEDIATOR, human intervention in the decision making review process.