The protection of personal data is a fundamental commitment of Lopes & Caldas Engenharia, Lda., Hereinafter referred to as LC ENGENHARIA, to all those with whom it relates.
In this document, LC ENGENHARIA expresses that it remains strongly committed and committed to protecting the privacy of the personal data it processes. In this context, he seeks to explain what personal data he collects, for what purposes he can use them, how he treats them, how long he keeps them, as well as the ways to get in touch and to exercise his rights.
1. General provisions
In accordance with the applicable legislation on the protection of personal data, you should consider the following concepts in particular:
- Personal data: information relating to an identified or identifiable natural person ("data subject"); an identifiable person is a person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, identification number, location data, identifiers electronically or to one or more specific elements of the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
- Processing: an operation or a set of operations carried out on personal data or on personal data sets, by automated or non-automated means, such as the collection, registration, organization, structuring, conservation, adaptation or alteration, recovery, consultation, use, dissemination by transmission, dissemination or any other form of availability, comparison or interconnection, limitation, erasure or destruction.
- Responsible for processing: the natural or legal person, the public authority, the agency or other body that, individually or in conjunction with others, determines the purposes and means of processing personal data; where the purposes and means of such treatment are determined by Union or Member State law, the controller or the specific criteria applicable to his appointment may be provided for by Union or Member State law.
- Subcontractor: a natural or legal person, a public authority, agency or other body that processes personal data on behalf of the controller.
- Consent of the data subject: an expression of will, free, specific, informed and explicit, by which the data subject accepts, by means of an unequivocal positive statement or act, that the personal data concerning him / her be treated.
- Breach of personal data: a breach of security that causes, accidentally or unlawfully, the destruction, loss, alteration, disclosure or unauthorized access to personal data transmitted, kept or subject to any other type of treatment.
2. Scope of application
This Policy applies exclusively to the processing of personal data carried out by Lopes & Caldas Engenharia, Lda., NIPC 514 485 701, headquartered at Rua das Lavadeiras, 51, 4900 - 400 Viana do Castelo.
3. Categories of data subjects and types of personal data
The categories of holders of personal data are:
- Employees: who are considered to be members of LC ENGENHARIA's governing bodies, their workers, interns, service providers and agents, on a permanent or occasional basis.
- Job Candidates: all those who propose a job or position at LC ENGENHARIA.
- Workers at the service of Customers (entity responsible for processing): the representatives of the company covered, their spouses and their respective household, as well as other owners, namely service providers.
The processed data may refer to identification data, family situation, data on academic qualifications, data on professional activity, data on monthly income / expenses and other personal data strictly necessary for the execution of contractual services, the establishment of partnership agreements , the development of the employment relationship and the fulfillment of legal obligations.
4. Legitimacy in the processing of personal data
LC ENGENHARIA will treat personal data always based on the principles of lawfulness, loyalty and transparency, in the fulfillment of determined, explicit and legitimate needs.
In the context of the relationship with workers, the processing of personal data bases its legitimacy on the execution of the employment contract and on the respective legal framework.
With regard to contracts with other employees, the processing of data is done on the basis of the execution of that contract and when necessary for the purpose of legitimate interests pursued by LC ENGENHARIA.
As a subcontracting entity, LC ENGENHARIA proceeds with the processing of data on behalf of the Data Protection Officers, which is necessary for the execution of the contracts entered into.
The processing of personal data may also result from a legal obligation, when it becomes necessary to comply with a legal obligation to which LC ENGENHARIA is subject. For other situations not previously provided, the informed consent of the data subject must always be obtained.
5. Purpose of the processing of personal data
LC ENGENHARIA, within the scope of its activity, may process the personal data necessary for the pursuit of its mission and duties, with the processing of personal data having the following purposes:
- Administrative and operational management of the contractual relationship;
- Pre-contractual and contractual execution;
- Processing of the employment relationship;
- Job application management (recruitment and selection);
- Development of information actions (technical information);
- Promotion of marketing and commercial prospecting;
- Execution of legal obligations.
6. Time limits for the storage of personal data
LC ENGENHARIA treats your personal data according to the purposes for which they are collected and only for the period of time necessary for the fulfillment of the purposes that motivated its collection and conservation, and always in accordance with the law.
The duration will be equivalent to the duration of the contractual relationship, except for legal provisions that determine the mandatory treatment of these same data for longer periods. The processed data will be kept for the periods strictly necessary to fulfill the underlying legal obligations.
7. Recipients of personal data
For the purpose of achieving the previously defined purposes, personal data may be transmitted to:
- Public bodies or authorities on grounds of legal obligation;
- Entities to whom the data must be communicated under a legal provision or at the request of the data subject;
- Financial institutions that manage the accounts of LC ENGENHARIA, intended to pay the remuneration / fees of employees;
- Pension fund or pension fund management entities;
- Insurance companies with whom the work accident or personal accident insurance contract is signed, or other if applicable;
- Training entities for issuing training certificates and organizing a pedagogical dossier;
- Consultants and auditors in the scope of contracted services;
- Entities that in the field of medicine and safety at work ensure at all times the fulfillment of these obligations at LC ENGENHARIA;
- Entities that provide computer management;
- Other recipients whose intervention proves necessary for the achievement of the designated purposes.
External entities that are provided with personal data, due to the need arising from the service they provide, are subject to compliance with legal obligations in terms of data protection, as subcontractors.
8. Transfer of personal data
LC ENGENHARIA does not transfer personal data to any other country.
In situations where LC ENGENHARIA assumes the role of subcontractor, and in the event of being obliged to transfer data to a third country or to an international organization (under Union law or Member State law), the responsible person informs for the treatment, of this legal obligation before the treatment, except when the law in question prohibits this information for reasons of public interest
9. Job seekers - recruitment and selection
Open job opportunities:
With regard to applications for vacancies, LC ENGENHARIA may process the personal data of the holders who assume the status of candidates here, in order to develop the respective recruitment and selection processes. In this way, data processing is necessary in order to carry out pre-contractual steps at the request of the holder, who expressly and freely submits his candidacy for the vacancy that he is applying for.
A reference to this policy is included in the disclosure support for the open opportunity so that candidates are made aware, in advance, of all relevant information.
Personal data will be kept for this purpose for 12 months after the end of the recruitment and selection process.
In the event of admission, personal data will be kept for the legally defined periods, namely that provided for in the labor law.
Any spontaneous application must be sent to the email firstname.lastname@example.org with the indication in the subject “Spontaneous application”.
After receiving it, the candidate will receive an informational email about the process of processing personal data related to the submitted application.
Personal data collected through a spontaneous application may be considered for the purposes of recruitment and selection processes that fall within the identified function or other similar to the candidate's skills profile.
These same data will be kept for a period of 12 months, counting from the date of receipt of the application.
10. Security of the processing of personal data
LC ENGENHARIA implements appropriate technical and organizational measures to protect the personal data in its possession.
Based on the principle of minimization and the need for data, LC ENGENHARIA securely retains personal data for the minimum period strictly necessary to fulfill its contractual and legal obligations.
In terms of the security systems implemented, we identified the following:
- Servers located in Portugal;
- Installation of antivirus and firewall;
- Use of backup copies on a regular basis;
- Mandatory use of computer access password;
- Creation of a mandatory internal code of conduct for the entire team of employees;
- Promotion of awareness raising actions on the subject;
11. Rights of holders of personal data
The holder of personal data has the right to information, access and rectification or deletion of personal data and the right to data portability, to the limitation or opposition to the processing of his data.
The holder may withdraw, at any time, the consent he has given for the processing of his personal data. The revocation of consent will not affect the lawfulness of the processing of personal data that has been carried out until now, based on the consent that has previously been provided.
The exercise of rights by the holder must always be made in writing, by sending an email to email@example.com or sending the request to the address of the company's headquarters.
This exercise is free, unless it is a manifestly unfounded or excessive or unreasonably repeated request, in which case a reasonable fee may be charged taking into account the costs.
The response to requests must be provided, without undue delay, within one month of receiving the request, unless it is a particularly complex request or occurs in exceptional circumstances, in which case it can be extended up to two months.
As part of the application, you may be asked to prove your identity in order to ensure that personal data is shared only with the respective holder.
12. Breaches of personal data
In the event of a data breach and insofar as such breach is likely to imply a high risk to the data subject's rights and freedoms, LC ENGENHARIA, as the Data Controller, communicates directly to the Control Authority, the data breach within 72 hours of becoming aware of the incident. If you assume to be a subcontractor, you undertake to report the incident to the Person Responsible for Processing the personal data, within the established deadline.
13. Suggestions and complaints
To find out more information or make a complaint, please contact us at firstname.lastname@example.org.
If you wish, you can submit a complaint directly to the National Data Protection Commission, using the contacts available at https://www.cnpd.pt/.
14. Updating of personal data and this policy
In order to ensure that the data we hold is kept up to date, we would appreciate that, in case of modification, please also contact us at email@example.com to proceed with its update.
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Viana do Castelo, 12 December 2019