DATA PROTECTION AND PRIVACY POLICY

Magic Leaves LDA, (hereinafter referred to as “La Bomba”) is guided by the respect of your personal data and respective privacy.

This Data Protection and Privacy Policy aims to explain in a clear and concise way how La Bomba treats your Personal Data and guarantees your privacy in the development and performance of its activities, namely:

  1. Responsible for the processing of your Personal Data
  2. Principles applicable to the protection of your Personal Data
  3. Personal Data, Processing of Personal Data and Data Subject
  4. Category of Personal Data that La Bomba processes
  5. Purposes for processing your Personal Data
  6. Fundamentals of Lawfulness
  7. Period of retention of your Personal Data
  8. Sharing your Personal Data
  9. Your rights and how to exercise them
  10. Security of your Personal Data
  11. Confidentiality
  12. Cookie Policy
  13. Contacts
  14. Changes to this Data Protection and Privacy Policy

RESPONSIBLE FOR THE PROCESSING OF YOUR PERSONAL DATA

The person in charge or those responsible for the processing of your Personal Data is La Bomba, determining, for this purpose, without limitation:

  • Personal Data that must be processed in the context of providing services and/or providing products;
  • The Purposes for which your Personal Data is processed; and,
  • The means to be used to process your Personal Data.

PRINCIPLES APPLICABLE TO THE PROTECTION OF YOUR PERSONAL DATA

In the context of the relationship it establishes with you, the Processing of your Personal Data is carried out by La Bomba in accordance with the general principles set out in the General Regulation on Data Protection (“GDPR”), namely:

  • Ensures that your Personal Data will be processed in a lawful, fair and transparent manner («Principle of lawfulness, loyalty and transparency»);
  • Collects your Personal Data for specified, explicit and legitimate purposes and does not further process the same Data in a way that is incompatible with those purposes («Purpose limitation principle»);
  • Ensures that only adequate, relevant and limited Personal Data are processed to what is strictly necessary for the purposes for which they are processed («Principle of data minimization»);
  • Takes appropriate measures to ensure that Personal Data that are inaccurate, taking into account the purposes for which they are processed, are erased or rectified without delay (“Principle of Accuracy”);
  • It keeps Personal Data in a way that allows its identification only for the period necessary for the purposes for which it is processed («Principle of retention»);
  • Ensures that your Personal Data is processed in a way that guarantees its security, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, adopting appropriate technical or organizational measures (“Principle integrity and confidentiality’).

Additionally, and despite not expressly appearing in the RGPD, La Bomba processes your data through the application of technical and organizational measures that ensure Data Protection from Design and by Default, so that your Personal Data is processed in a in accordance with best practices from the moment of its collection to its destruction.

PERSONAL DATA, PROCESSING OF PERSONAL DATA AND DATA OWNER

Personal Data is all information and/or elements that, regardless of their support, can identify or make you identifiable, directly or indirectly, to La Bomba, in particular by reference to an identifier, such as a name, a identification, your location data and/or identifiers electronically or to one or more specific elements of your physical, physiological, genetic, mental, economic, cultural or social identity.

Processing of Personal Data means the operation or set of operations carried out on Personal Data of Data Subjects, through automated or non-automated means, from the collection of information to its destruction. This cycle includes, among others, registration, organization, structuring, conservation, adaptation or alteration, retrieval, consultation, use, dissemination by transmission, dissemination or any other form of making available, comparison or interconnection, limitation, erasure. The concept of Processing Personal Data is quite broad and will apply to all operations or set of operations carried out by La Bomba with reference to your Personal Data.

In the context of the activities carried out by La Bomba, the Data Subject is, without limitation, the customer and/or former customers, potential customers, investors, partners, job applicants, employees and former employees, employees of partners, suppliers and service providers and their employees, applicants and claimants and/OR all those individuals who maintain a relationship with La Bomba and to whom the Personal Data relates.

La Bomba only processes personal data of minors in strict accordance with the legislation for the protection of personal data and, as well, with other applicable legislation, or when provided by the parents or a legal guardian who expressly consents to this collection. If La Bomba discovers that it has inadvertently collected personal data from a minor under the age of 18, it will immediately delete the records containing that minor’s personal data. If you are the holder of parental responsibilities for a child and you become aware that the child has provided us with information, please contact us using the means detailed below, so that La Bomba can, together with you, resolve the matter.

CATEGORY OF PERSONAL DATA THAT LA BOMBA PROCESSES

In the development of its activities, La Bomba processes the Personal Data of a significant set of categories of Data Subjects. The Personal Data that La Bomba collects always depends on the nature of the interaction, but may include the following:

  1. Personal contact details: name, surname, postal address, telephone or mobile number, fax number, email address or other similar contact information.
  2. Commercial data for the provision of services: data related to the provision of services or supply of products, billing data, payment data and/or information in the context of responding to any questions, requests or complaints.
  3. Payment details: credit/debit card numbers, security code numbers or other related billing information.
  4. Account data: Mode of purchase of services, their transaction, billing history and assistance in the context of the La Bomba services that you use or any other related information.
  5. Demographics: country, gender, age, preferred language, general education and work history, as well as general interest data about work.
  6. Preferences Data: Information on the holder’s preferences and interests, insofar as this is related to the services and on how he prefers to receive communications.
  7. Social media data: Information shared on social media when interacting with La Bomba, where transparency is guaranteed through the existence of adequate privacy policies.
  8. IT Usage Data: User ID, roles, rights, login times, computer name and IP address.

We emphasize that you will not be obliged to share your Personal Data with La Bomba. However, if you choose not to share your personal information, in some cases, La Bomba may not be able to provide the services or products you want, ensure certain specialized features or respond effectively to any question you may have.

PURPOSES FOR THE PROCESSING OF YOUR PERSONAL DATA

By reference to the «Purpose limitation principle», the development and execution of the various activities pursued by La Bomba means the existence of a relevant set of purposes for the processing of your Personal Data, such as:

  1. Accounting, Tax and Administrative Management: customer management, supplier management, administrative management and economic and accounting management;
  2. Commercial and Marketing Activity: contact management, customer management for the provision of services, marketing activities and opinion polls and surveys;
  3. Creation and Analysis of Profiles;
  4. Human Resources Management: personnel selection and recruitment;
  5. Management of Electronic Communications: management of the use of websites and retention of traffic data;
  6. Compliance with Legal Obligations: transfer of data to Third Parties.

FUNDAMENTALS OF LEGALITY

By reference to the “Legality Principle”, in the development and performance of its activities, La Bomba only processes your Personal Data when there is a legal basis that legitimizes the processing, namely:

Consent: La Bomba will only process your Personal Data if you consent to the respective Processing through a free, specific, informed and explicit expression of will, by which you accept, by means of a declaration (in writing or orally) or an unequivocal positive act (through the filling in an option), that your Personal Data are the object of Processing.

Pre-contractual steps or the performance of a contract: La Bomba may process your Personal Data if they are necessary, without limitation, for the performance of a service provision contract to which you are a party as an Employee, Customer and/or Supplier, or to carry out pre-contractual steps at your request.

Compliance with a legal obligation: La Bomba may process your Personal Data to ensure and guarantee compliance with legal obligations to which it is subject under the legislation of a Member State and/or the European Union.

Defense of the Data Subject’s vital interests: La Bomba may process your Personal Data to ensure the defense of your vital interests, namely when the same Processing is essential to your life.

Legitimate Interests: La Bomba, other Responsible Persons or Third Parties may process your Personal Data as long as this same Processing does not prevail over your interests or fundamental rights and freedoms.

TERM OF RETENTION OF YOUR PERSONAL DATA

By reference to the “Principle of retention”, La Bomba retains your Personal Data only for the period of time necessary to carry out the specific purposes for which they were collected. However, La Bomba may be required to retain some Personal Data for a longer period, taking into account factors such as:

  • Legal obligations, under the laws in force, to keep Personal Data for a certain period;
  • Prescription periods, under the laws in force;
  • (possible) Litigation; and,
  • Guidelines issued by the competent data protection authorities.

During the period of Processing of your Personal Data, La Bomba guarantees that they are treated in accordance with this Data Protection and Privacy Policy. As soon as your Data is no longer needed, La Bomba will proceed with its secure deletion.

SHARING YOUR PERSONAL DATA

Subcontractors: Your Personal Data may be shared with companies in charge of providing La Bomba services. These companies are bound by a written contract and can only process your Personal Data for the purposes specifically established and are not authorized to process your Personal Data, directly or indirectly, for any other purpose, for their own benefit or that of a third party.

Other Responsible Persons and/or Third Parties: Your Personal Data may be shared internally with other La Bomba companies that will comply with the applicable data protection rules depending on the purposes attached to the Processing carried out.

At your request and with your consent, your Personal Data may be shared with other entities.

In compliance with legal and/or contractual obligations, Personal Data may also be transmitted to judicial, administrative, supervisory or regulatory authorities and also to entities that lawfully carry out data compilation actions, actions to prevent and combat fraud, market or statistical studies.

YOUR RIGHTS AND HOW TO EXERCISE THEM

As the Holder of Personal Data processed by La Bomba, you have the right of access, rectification, limitation, portability, erasure and the right to oppose the Processing of Personal Data, in certain circumstances, which may be exercised under the terms of this chapter of the Data Protection and Privacy Policy.

Right to provide information: You have the right to obtain clear, transparent and easily understandable information about how La Bomba uses your Personal Data and what your rights are.

Right of access: You have the right to obtain information about what Personal Data La Bomba processes (if it is processing it) and certain information (similar to that provided in this Data Protection and Privacy Policy) about how this Data is processed. .

This right allows you to know and confirm that we use your Data in compliance with data protection laws.

La Bomba may refuse to provide the requested information whenever, in order to do so, La Bomba has to reveal another person’s Personal Data or the information negatively impacts the rights of another person.

Right of rectification: If your Data is incorrect or incomplete (for example, if your name or address is wrong), you can ask La Bomba to take reasonable steps to correct it.

Right to data erasure: This right is also known as the “right to be forgotten” and, in a simple way, allows you to request the erasure or elimination of your data, provided that there are no valid grounds for La Bomba to continue to use them or their use is unlawful. This is not a generic right to erasure, as exceptions are allowed (for example, whenever this data is necessary for the defense of a right in a judicial process).

Right to limitation of treatment: You have the right to “block” or prevent the future use of your Data while La Bomba evaluates a request for rectification or as an alternative to erasure. Whenever the Treatment is limited, La Bomba continues to be able to store your data, but you will not be able to use them later. La Bomba maintains a list of the holders who have requested the “block” of the future use of their data to ensure that this limitation is respected.

Right to data portability: You have the right to obtain and reuse certain Personal Data for your own purposes across various organisations. This right only applies to your own Data that you have provided to La Bomba and that La Bomba processes with your consent and those that are processed by automated means.

Right to object: You have the right to object to certain types of treatment, for reasons related to your particular situation, at any time during this Processing, for the purposes of the legitimate interest of La Bomba or Third Parties. La Bomba may continue to process this Data if it can prove “legitimate reasons prevailing for the Processing that override its interests, rights and freedoms” or if this Data is necessary for the establishment, exercise or defense of a right in a court case.

Right to file a complaint: You have the right to file a complaint with the competent supervisory authority, the National Data Protection Commission – CNPD, if you consider that the Processing carried out on Personal Data violates your rights and/or data protection laws. Applicable

You may, at any time, in writing, exercise the rights enshrined in the applicable legislation on the protection of personal data through the email address [email protected].

SECURITY OF YOUR PERSONAL DATA

Your Personal Data will be processed by La Bomba, in the context of the purposes identified in this Policy, in accordance with La Bomba’s policy and internal rules and using appropriate technical and organizational measures to promote its security and integrity, namely in regarding the unauthorized or unlawful processing of your personal data and its accidental loss, destruction or damage.

Without limitation, La Bomba uses logical and physical security requirements and measures to guarantee the protection of your Personal Data by preventing unauthorized access, ensuring that the information is stored on secure computers in a closed information center and that implements control procedures to ensure compliance with La Bomba’s security policies.

However, as the transmission of information over the Internet is not completely secure, La Bomba cannot guarantee the security of your Data when transmitted over an open network.

CONFIDENTIALITY

La Bomba recognizes that the information you provide us may be confidential. La Bomba does not sell, rent, distribute, or commercially or otherwise make Personal Data available to any third party, except in cases where it needs to share information with Service Providers for the purposes set out in this Data Protection Policy and Privacy. La Bomba preserves the confidentiality and integrity of your Data and protects it in accordance with this Data Protection and Privacy Policy and all laws in force.

COOKIE POLICY

This Cookies Policy seeks to explain in a transparent and specific way how we use the personal information we collect through your use of our website www.labomba.studio (hereinafter referred to as the “website” or “Platform”). It is in this spirit that this Cookies Policy details how, when and why we use Cookies on our Platform. This website uses Cookies, not only to ensure that we offer a unique and personalized experience, but also as we can share aggregated data with our technological partners that allow us to improve, in a continuous and integrated way, our website and your browsing experience.

La Bomba details the information regarding the Cookies used on our website, as well as identifies which partner entities are authorized to place Cookies on our platform (explaining, individually, the added value of contemplating these partners on our Platform).

The La Bomba website, or the emails sent by La Bomba, may contain links to other websites or applications, including those of our partners. If you access one of these links or applications, please note that the respective Cookie Policies are the sole responsibility of the entities that manage them. For this reason, we advise you to read the Cookies Policies of other platforms or applications before using them.

La Bomba uses 2 (two) types of Cookies on its Platform:

Strictly necessary cookies

They allow you to browse the website and use most of the features available.

La Bomba uses these Cookies for the following reasons:

Allow our servers to respond to certain actions on the website, or simply allow our users to browse the Platform, as without these Cookies, it would not work on your device.

Ensure a consistent user experience while browsing the La Bomba website and that the user receives updated and consistent information.

Contribute to better dynamic distribution and ensure the best speed and performance of your device while browsing the Platform.

Ensure a consistent experience, even when La Bomba promotes the implementation of website improvements.

Performance cookies

They are used anonymously for the purpose of creating and analyzing statistics, in order to allow a continuous improvement of the website and, in this way, an increasingly better user experience.

La Bomba uses these Cookies for the following reasons:

For Analysis Purposes: We use Google Analytics to better understand how users are using the Platform, in order to help manage the performance and design of the website. Google Analytics will store this information, so in order to consult the Google Analytics Privacy Policy, you should access https://policies.google.com/privacy.

For Testing Purposes: So that different combinations of product design can be tested, as well as improving the experience and performance of the La Bomba website.

The two categories of Cookies (strictly necessary and performance) are essential to maintain the efficiency, effectiveness and ease of use of the Platform, as well as to guarantee an immersive and coherent experience, therefore, we do not allow them to be deactivated autonomously.

Cookie Management: Users can always configure their devices and the browsers they use to accept all or some Cookies, to notify them whenever a Cookie is issued, or to never receive Cookies. So that you can, in a simple and intuitive way, manage your Cookies from your browser, you can use one of the links below:

  • For more information about “Private Browsing” and Cookie Management in the Firefox browser, click here.
  • For more information about “Browsing as Incognito” and managing Cookies in the Chrome browser, click here.
  • For more information about “Private Browsing” and managing Cookies from the Internet Explorer browser, click here..
  • For more information on “Private Browsing” and managing Cookies from Safari, click here.
  • For more information on “Private Browsing” and managing Cookies in the Opera browser, click here.

If you prefer to restrict, block or eliminate Cookies that La Bomba uses on its Platform, you will automatically consider this website as an untrusted entity, so a significant part of the available features may not behave as expected.

CONTACTS 

If you have any questions or would like to obtain more information about how we process your Personal Data, and what our information security practices are, please do not hesitate to contact us at the following addresses:

Email: [email protected]

Morada: Cais das Pedras 8 4150-365 Porto, Portugal

CHANGES TO THIS DATA PROTECTION AND PRIVACY POLICY 

La Bomba may periodically update this Data Protection and Privacy Policy, as well as any other specific data protection and privacy statement. When making changes to this Data Protection and Privacy Policy, a new date will be added at the end of the Data Protection and Privacy Policy.

Dat: November 1st, 2022