This document sets out the PRIVACY and COOKIES Policies (the “Policy”) of HorizonDistance, SA a company incorporated and existing in Portugal with headquarters at Rua de Sant’Ana à Lapa, 148 2 andar 1200-800 and offices at Edificio Topo Nascente, Doca de Santo Amaro, 1350-353, in Lisboa with identification number (NIPC) 514790342, its successors and permitted assigns (hereinafter “PowerDot”) applying when someone (“USER”) transmits to or provides to PowerDot any personal data of his/her own
or any other identified or identifiable individuals (“Data”) including when USER directly or indirectly transmits to PowerDot, by means of any Forms, through/at the website uber.powerdot.pt through/at PowerDot’s mobile app and/or in connection with the use of PowerDot’s physical CAR SERVICING HUBS (hereinafter collectively and indistinctively, the “CHANNELS” or “PowerDot Service”).
To the far extent that USER is a legal representative of another organization this Policy applies to Data uploaded or disclosed to PowerDot and may include the name, VAT number, address, electric vehicle driven, telephone contact, email, ID Driver, ID Partner, geolocation voluntarily disclosed or collected at CHANNELS in connection with PowerDot Service. If USER has any reservations, doubts or objections to this Policy USER should resume and exit from the CHANNELS refraining from use of PowerDot Service and from interacting with any PowerDot CHANNELS.
PowerDot reserves the right to change this Policy at any time without prior notice. Any amended Policy will be integrated herein effective as from the date of its posting at the PowerDoT website or mobile app. Continued access and use of the CHANNELS or the PowerDot Service implies that USER is aware, acknowledges and accepts this Policy as amended and in force from time to time. Last revised and applicable as from August 08, 2019.
What and how Data is collected?
POWERDOT ONLY COLLECTS DATA THAT IS VOLUNTARILY DISCLOSED, SUBMITTED OR CONSENTED BY USER, THAT IS NECESSARY FOR THE POWERDOT SERVICE ENGAGED BY USER, NEEDED SO THAT POWERDOT MAY COMPLY WITH A LEGAL OBLIGATION, A CONTRACTUAL OBLIGATION OR A JUDICIAL/ADMINISTRATIVE ORDER, IN CONNECTION WITH OTHER LEGITIMATE LAWFULL PURPOSES OF POWERDOT OR AS OTHERWISE MAY BE AVAILABLE TO POWERDOT IN LAW, PURSUANT TO THE LAWS IN FORCE FROM TIME TO TIME AND THIS POLICY.
TO THE FAR EXTENT THAT A CERTAIN PURPOSES PURSUED BY POWERDOT (v.g. Marketing or Advertisement activities) DEPEND ON THE CONSENT BY USER, USER IS FREE TO EITHER CONSENT OR NOT TO DATA PROCESSING FOR SUCH PURPOSES AS WELL AS TO WITHDRAW A PREVIOUSLY GRANTED CONSENT AT HIS/HER SOLE AND FAIR JUDGEMENT AND CRITERIA. Refusal to grant consent or the withdrawal of a previously granted consent may only prevent PowerDot in some cases from providing the PowerDot Service for which consent is required as a condition precedent (for instance, and without limitation, PowerDotmay be prevented from sending notices about closest Power Dot Physical Car Service if Powerdot is prevented from sharing USER’s geolocation with its partners; Powerdot may be prevented from sharing any Partner discount vouchers where USER did not consent to PowerDot sharing USER’s use of the PowerDot Service with any PowerDot’s partners for marketing or commercial service purposes).
Is all data the same as Data?
PowerDot may also collect and process company’s data, which may not be entirely covered by the stipulations of this Policy (“Corporate Data”). Data belonging to ID Partner where ID Partner is a company is not to be treated as personal data provided however that PowerDot shall treat the information of its partners on a confidentiality and bona fides basis at all times.
Unless as otherwise imposed by Law, whenever a third-party contacts PowerDot compelling it to disclose Corporate Data of its Corporate Clients, partners, suppliers and/or distributors (1) PowerDot shall promptly communicate such compelled disclosure to the Corporate Clients, partners, suppliers and distributors in question; (2) shall seek that the entities in question contact directly the Corporate Data owner and to such effect shall only provide basic contact data, as available to PowerDot; (3) PowerDot shall reasonably effort not to grant access to excessive information considering the one that was compelled to be disclosed; (4) PowerDot shall effort – to the far extent lawfully permitted and without additional costs – to prevent that any entities access directly to (i) stored Corporate Data, (ii) encryption keys used to secure Reserved Areas of the PowerDot Service or information on how to break such encryption.
PowerDot’s corporate clients, partners, suppliers and distributors expressly grant to PowerDot a fully paid, royalty free, non-exclusive, sub-licensable, perpetual, worldwide license for PowerDot to collect and process Corporate Data for the intended business purposes of PowerDot including those relating to the compliance of a legal obligation, performing a contract, pursuing a legitimate interest such as collection of client’s feedback, business monitoring, business improvement, business data analytics and metrics monitoring, promotional and marketing activities, sales management, benefit’s management, amongst others lawfully associated to PowerDot’s business activity.
Anonymous Information. How does it work?
PowerDot may share generic aggregated demographic information not linked to any Data for statistics or business/content planning purposes of CHANNELS, traffic analytics, service measurement and monitoring, improvement of the service. Non-personal identification information may include the device/browser name, type of computer/device and technical information, connectivity information such as the OS and/or the ISP used or other similar non-personal technical information.
What are the purposes PowerDot processes my Data for?
PowerDot may process Data for the following purposes:
- Technical Support and Technical improvement – To enable PowerDot and its partners and contractors to collect PowerDot Service’s feedback as well as to operate and maintain the PowerDot Service and the CHANNELS, thereby improving the USER experience with the PowerDot Service and the CHANNELS;
- Marketing and Commercial – To send alerts to USER on PowerDot Partners’ products, services, campaigns, promotions, news, special offerings that may be interesting for the USER PROVIDED HOWEVER THAT HE/SHE HAS SO CONSENTED;
- Usability – In order to help USER to find the products or services that best adapt and respond to his/her needs;
- To make the CHANNELS more relevant and easier to navigate by USER and/or to help USER solve any navigation problems;
- Newsletters and generic information – To send periodic emails If USER decides to register and/or join PowerDot’s Community for the receipt of newsletters or non-solicited mailing (if/as available) and PROVIDED OWEVER THAT USER HAS SO PROVIDED HIS/HER CONSENT
If USER wishes to unsubscribe from future emails, pushups or news from PowerDot, he/she may follow the instructions contained in the message for removal from unsolicited mailing lists. However PLEASE NOTE that despite such fact, you may still continue to receive e-mails from the System (v.g. referring to passwords).
To whom may PowerDot disclose my Data?
PowerDot is not in the Data selling, trading, or renting businesses and therefore PowerDot’s sharing of Data with third parties is strictly within the boundaries of PowerDot’s business Partners as necessary for PowerDot to provide the powerDot Service in its widest range of functionalities for USER, subject to the applicable laws and the following:
- PowerDot may share Data for its activity’s intended purposes and in connection with contractual obligations of PowerDot before the USER;
- PowerDot may share Data with business partners within the scope of PowerDot’s activity. In order to get to know PowerDot’s Partners please Contact Us at firstname.lastname@example.org
- Administrator data for purposes of security management of CHANNELS and/or for the active fraud and attack prevention;
- Data storage operations being contractually guaranteed by third party providers with the terms and conditions of the herein Policy;
- As far as the CHANNELS are concerned, PowerDot may source from third party providers the support of certain activities of website and subsite (landing pages), mobile app’s building and management, as well as their administration and updating. Any Data shared with such third parties shall be STRICTLY AS NEEDED for the purposes of rightful rendering of such support services by the third-party providers in question for said channels and media’s support and maintenance.
PowerDot shall not disclose Data or confidential information of EU citizens into non-EU territories or to companies without the control of PowerDot except (1) in respect of Information Systems Cloud hosting services, provided however that on such cases safety and organizational measures by cloud providers were granted to PowerDot in terms consistent with this Policy; (2) if USER so requires, consents or
determines PowerDot; (3) as deriving from interaction of USERS with PowerDot’s CHANNELS – which by nature operate multi-territorially – or social media pages (if any) as well as any online activity; (4) as provided for in Law or as imposed by a court or administrative order or another public determination by an entity or officer with jurisdiction over the PowerDot outside the EU; (5) in case of intra-group and/or partners transmissions pursuant to the terms of the Law and strictly as necessary subject to the laws in force.
Where does PowerDot process my Data?
Except as described above, Data may be processed within the European Union or outside (as needed in connection with the Cloud Based Service and the location of our business partners’ service). To further discover the sites where our own systems are located please Contact Us at email@example.com
PowerDot abides by the European Union Data Privacy laws regarding the collection, storage, processing, management and retention of Data from European Union national or citizens which data is processed within the European Union.
Who is the Data Controller?
PowerDot is the Data Controller in connection with the PowerDot Service only. Certain functionalities within PowerDot Service (v.g. the WiFi providing at the PowerDot’s physical car service hubs) are not provided by PowerDot and are subject to the terms and conditions of PowerDot’s business partners directly.
Please read carefully any privacy policies of PowerDot’s Busines Partners prior to engaging on any functionality within the PowerDot Service.
Where USER intends to exert any of its rights he/she should contact PowerDot to:
Rua de Sant’Ana à Lapa, 148 2º andar 1200-800 Lisboa
Or send an electronic message to firstname.lastname@example.org
What are my Rights?
USER has the right to access, rectify and/or eliminate (totally or partially) his/her Data, the right to be informed on the processing activities, the right to oppose or limit the processing activities, portability right (in certain cases) and any others as conferred by Law as in force from time to time.
The USER is entitled to claim or complaint directly before the Data Protection supervising or regulatory authority in Portugal, which is the CNPD- Comissão Nacional de Proteção de Dados, which contacts shall be provided upon request.
PowerDot shall respond any requests by USERS pursuant to the herein terms and the provisions of the Law.
For how long is my Data stored and processed?
PowerDot retains USER Data until the longest of:
(i) The term within which the USER is registered in PowerDot’s Systems associated to the PowerDot Service;
(ii) The term needed so that PowerDot complies with a legal obligation, the legitimate pursue of a business interest;
(i) and (ii) being pursuant to the retaining timelines defined by PowerDot;
(iii) For as long as a consent by the USER lasts for a specific purpose and whenever the consent is the legitimate cause for Data processing.
How is my Data deleted?
Data is deleted through safe deletion procedures described in internal regultaions in force at PowerDot.
Digital Data may be anonymised whenever the removal or deletion of such Data from our systems may not reconcile on a reasonable basis with the data quality of the database in which they are located; notably, whenever the deletion or removal may imply a considerable risk of data breach to other data stored on same systems or part of same database and the latter are to remain integrate and active (impacts on data integrity and/or on systemic data quality feasible or anticipated).
Data in physical media shall be eliminated by irreversible destruction methods.
What Laws and Jurisdiction applies?
Data will be processed solely according to this Policy and the Laws in force. No further laws shall apply to Data.
Any disputes hereunder shall be submitted and resolved exclusive by the Portuguese Courts, which territorial and material jurisdiction will be determined according to the procedural laws in force.
Last Revised and in force as of August 8th 2019