Lisbon, Portugal

livebreathesmile@gmail.com

Privacy Policy

WHO’S THE PERSONAL DATA CONTROLLER?

  • BREATHE.SMILE, LDA
  • Adress: Avenida do Atlântico, n.º 16 – Escritório 5.07. Parque das Nações, 1990-019 Lisboa
  • Email adress: info@livebreathesmile.org

SCOPE OF THE PRIVACY POLICY:

When the User accesses and uses this website and takes advantage of our services or uses any other means that involves the processing of personal data by LIVE BREATHE SMILE, the User agrees to accept this Privacy Policy, as well as the provisions contained in the Cookies Policy. The User guarantees that the data communicated is true, accurate, complete and current, and is responsible for any non-conformity.

Before the User provides their personal data, LIVE BREATHE SMILE provides the necessary information so that they can access our Privacy Policy and any other relevant information about Data Protection.

If the User has any questions regarding this Privacy Policy, they may contact the data controller through the following contact points:

  • Email address: info@livebreathesmile.org
  • Postal address: Avenida do Atlântico, n.º 16, Escritório 5.07, 1990-019 Parque das Nações

WHAT DATA DO WE PROCESS?

What data do we process? To fulfil the purposes described below, we process identification and contact data (name, surname, e-mail address, telephone number and any other information necessary for the management and maintenance of your services), as well as internet browsing data (please consult the Cookies Policy).
The cookies we use are:

Essential – necessary for browsing the website, guaranteeing access to private areas of the website to enable services to be carried out, namely session cookies.
Analytical – necessary to collect information for statistical analysis of navigation and use of the website, namely Google cookies.

PURPOSES OF PROCESSING AND LEGAL BASIS

The personal data collected by LIVE BREATHE SMILE is intended to respond to or follow up on user requests and is processes for the following purposes:

  • Pre-contractual or contractual enquiries.
  • Any marketing or commercial action carried out by any means (including electronic means), informative communications about the functionalities of our website and other promoted activities (events, training sessions, surveys and studies).
  • Properly attend to and manage User queries, requests, suggestions, information, comments, incidents or suggestions.
  • Send services recommendations considering those that the User has contracted in the past.
  • Manage the process of registering on our website and/or the services offered.
  • Manage donations and develop costumer surveys.
  • Guarantee the correct use of our services, preventing unlawful use or use contrary to our policy, values or current legal regulations.
  • We also process your data to send you, including by electronic means, informative communications about the functionalities of the website and the activities promoted by the data controller (events, training sessions, surveys and studies).

The data will only be processed is specific circumstances:

  • When there is express consent – which may be given in writing, orally or by validating option – and prior consent on the part of the user, as well as if it is free, informed, specific and unequivocal.
  • In situations of contract execution and pre-contractual procedures – when the processing of personal data is necessary for the conclusion, execution and management of contracts concluded with LIVE BREATHE SMILE.
  • For the fulfilment of a legal obligation – when the processing of personal data is necessary for the fulfilment of a legal obligation to which LIVE BREATHE SMILE is subject.
  • When the processing of personal data fulfils a legitimate interest of LIVE BREATHE SMILE or third parties; and also,
  • In the case of processing the personal data of minors, which may be subject to prior consent, LIVE BREATHE SMILE will require consent from the holders of parental responsibilities.

FOR HOW LONG WE KEEP USERS’ DATA

The period of time during which LIVE BREATHE SMILE processes and stores Users’ personal data varies depending on the purposes for which they are processed. In any case, the Users’ personal data will only be processed and stored, for the period of time necessary to fulfil the purposes for which it was collected and preserved, always in strict compliance with the law, as well as the guidelines and decisions of the Portuguese Data Protection Authority.

However, this does not apply to cases in which the law or some legitimate reason justifies or imposes its processing and conservation for a minimum period of time. In effect LIVE BREATHE SMILE will process and stores Users’ personal data in accordance with the regulations in force at any given time, as well as in compliance with the criteria of proportionality and necessity.

HOW CAN USERS EXERCITE THEIR RIGHTS?

Users, as the owners of their personal data, have control over this data and may, at any time, revoke any consent given, as well as exercising the other data protection rights recognised in the legislation in force:

  • The RIGHT OF ACCESS – Users can check whether their personal data is being processed by LIVE BREATHE SMILE.
  • The RIGHT TO RECTIFICATION AND DELETION – Users can access their personal data and request its reclarification or deletion when it is incorrect or when they consider that it is no longer necessary for the fulfilment of the purposes for which it was collected.
  • The RIGHT TO OPPOSE – Users may oppose the processing of their data, and the data controller must cease processing their data, with the exception of situations where, for legitimate and compelling reasons that outweigh Users’ interests, rights and liberties, or for the purpose of declaring, exercising or defending a right in legal proceedings.
  • The RIGHT TO LIMITATION OF PROCESSING – Users can request the limitation of the processing of their personal data, in the form of the suspension of processing or the limitation of the scope of processing to certain categories of data or processing purposes.
  • The RIGHT TO PORTABILITY – Users have the right to receive the personal data concerning them that they have provided to LIVE BREATHE SMILE, as well as to request the direct transmission of their data to another organisation that becomes the new data controller.
  • The RIGHT TO COMPLAIN – Users have the right to file a complaint with the Portuguese Data Protection Authority (cnpd.pt) when they consider that the processing of their personal data violates applicable regulations.

TRANSMISSION OF PERSONAL DATA

LIVE BREATHE SMILE guarantees that Users’ personal data will only be transmitted in the following circumstances, where applicable:

  • Users’ personal data may be transmitted to subcontractors – for example, partners or agents involved in the provision of products or services for them to process in the name and on behalf of LIVE BREATHE SMILE, in which case the necessary contractual measures will be taken to ensure that they respect and protect Users’ personal data.
  • Users’ personal data may also be transmitted to third parties – for example, companies with which LIVE BREATHE SMILE develops partnerships, or entities to which the data must be communicated by law, such as the Tax Authorities, police authorities, regulatory authorities, courts, government bodies or other public authorities, including emergency services.
  • Users’ personal data may be transmitted to other organisations in the event of LIVE BREATHE SMILE being taken over.

Under no circumstances will Users’ personal data be passed on to third parties unless the established legal requirements have been verified. In addition, for situations in which LIVE BREATHE SMILE has the collaboration of third parties who may have access to Users’ personal data, as well as in the case of third parties processing personal data in the name of and on behalf of LIVE BREATH SMILE, the process for choosing collaborators will follow an exhaustive compliance verification process, in order to guarantee that adequate control of personal data protection is followed.

LIVE BREATHE SMILE may transfer Users’ personal data to a third country outside the European Economic Area that is not on the list of countries that the European Union considers having adequate levels of personal data protection. In these cases, LIVE BREATHE SMILE ensures that adequate guarantees are taken to always protect personal data, as well as the access that these third parties may have to the Users’ personal data, always in strict compliance with the applicable legal regulations.

If Users considers that there is a problem with the way LIVE BREATHE SMILE is processing their personal data, they can file a complaint with the competent public authority, the Portuguese Data Protection Authority:

  • Address: D. Carlos I, 134, 1º, 1200-651 Lisboa
  • Telephone: +351 213 928 400
  • Fax: +351 213 976 832
  • Email address: geral@cnpd.pt

HOW IS THE USER’S PERSONAL DATA PROTECTED?

LIVE BREATHE SMILE applies technical and organisational measures to ensure an adequate, necessary and sufficient level of security for Users’ personal data, against its loss, distribution, alteration, dissemination, unauthorised access or any other form of accidental or unlawful processing.

Among others, LIVE BREATHE SMILE points out some of the measures applied:

  • Secure storage and transfer of Users’ personal data.
  • Measures capable of guaranteeing the permanent confidentiality, integrity, availability and resilience of treatment systems and services.
  • The existence of a regular process for verifying and evaluating the effectiveness of technical and organisational measures designed to guarantee the security of processing.
  • Periodic assessment of the risk of accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or of unauthorised disclosure of or access to such data.
  • Measures to ensure that any person acting under the authority of LIVE BREATHE SMILE and having access to personal data may only process such data on instructions from LIVE BREATHE SMILE.

In any case, LIVE BREATHE SMILE recommends that Users exercise caution when exposing their personal data and circulating this data on the internet, acts which are the sole responsibility of the Users.

CONFIDENTIALITY

LIVE BREATHE SMILE, as data controller, operates under absolute confidentiality in the collection, processing and storage of Users’ personal data. It also guarantees the maintenance of secrecy in relation to said data, as well as the duty to preserve it by adopting all necessary measures to prevent its alteration, loss, unauthorised processing or access, in accordance with the provision of the applicable legislation.

ACCEPTANCE AND CONSENT

Users declare that they have been informed of the conditions for the protection of their personal data, accepting and consenting to the collection, processing and storage of said data by LIVE BREATHE SMILE, in the manner and for the purpose indicated in this privacy policy.

MODIFICATIONS TO THIS PRIVACY POLICY (& COOKIES)

LIVE BREATHE SMILE reverses the right to modify this policy to adapt it to the legislation in force, as well as the guidelines and decisions of the Portuguese Data Protection Authority. In such cases, LIVE BREATHE SMILE will announce the changes made on this page with reasonable notice before they come into force.

This version of the Privacy Policy corresponds to the last update published on 25/07/2024.