These Terms & Conditions (the “Terms & Conditions”) are entered into between GROWING STATUS LDA and its affiliates (“Primestone”, “we”, “our”, and “us”) and the party executing these Terms & Conditions (“you” and “your”). Acceptance These Terms & Conditions govern your access to and use of this website (the “Website”). Please note that the collection, use and disclosure of any information you provide us through the Website will be subject to our privacy policy (the “Privacy Policy”). Please ensure you have read the Privacy Policy. Your use of the Website must be in accordance with these Terms & Conditions and for lawful and proper purposes only, which include complying with all applicable laws in the United Arab Emirates and any other jurisdiction from which you are accessing the Website. By accessing, browsing or using the Website, you confirm that you accept and agree to comply with, and to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, you should cease using the Website and refrain from browsing, accessing, using or placing enquiries through the Website. Website Content The content of the Website, including text, graphics, links and other items (together, the “Content”), is provided on “as is” or “as available” basis and made available for general information only. We cannot guarantee the accuracy, competence or completeness of the Content at all times. However, we will do our best to update inaccurate Content as soon as we become aware of it. Further, we reserve the right to withdraw or amend any Content, in our sole discretion without notice. Intellectual Property Trademarks, logos, slogans, branding, service marks, designs and all other intellectual property items (collectively, “IPs”) appearing on the Website and all rights in respect of them are reserved and remain solely owned by Primestone or its licensors. Usage, reproduction, or distribution of these IPs without the explicit written consent of Primestone is forbidden, except when use is strictly for your own personal purposes. Disclaimer of Warranties No warranties of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, fitness for a particular purpose and freedom from computer viruses, or any other type of malicious code, are given in connection with the Content and the Website. Your use of the Website is entirely at your own risk. Liability & Indemnification To the maximum extent permitted by law, Primestone and its shareholders and employees, shall not be liable for any damages, including indirect, incidental, special, punitive or consequential damages arising out of or in connection with these Terms & Conditions, the use of the Website, the inability to use the Website or any Content that may be displayed on the Website, or transactions entered into via the Website, whether based on contract, tort, strict liability or otherwise, even if Primestone or any of its staff members have been advised of the possibility of such damages. You agree to defend, indemnify and hold Primestone and its shareholders and employees harmless from and against all losses, suits, demands, liabilities, damages, costs and expenses (including attorney’s fees) arising out of or in connection with (i) your use or misuse of the Website; (ii) your breach of these Terms & Conditions; or (iii) your violation of any applicable law, rules, regulation or any third party’s rights. This obligation and the limitation on our liability set out above survive the termination of these Terms & Conditions. Amendments We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the Website (or any features or parts thereof) or any Content, without being liable for any inconvenience or loss caused by such acts, and at any time without providing notice to you and to modify and amend these Terms & Conditions from time to time. Any modifications of these Terms & Conditions will be effective once published on this Website. Your continued use of the Website following such change shall signify your agreement to be bound by the modified Terms & Conditions. We encourage you to check these Terms & Conditions periodically for any changes. If you are not in agreement with the updated Terms & Conditions, then you must immediately discontinue using the Website. Miscellaneous The provisions of these Terms & Conditions are severable and if any part of these Terms & Conditions is determined to be unenforceable then the parties agree that such part shall be deemed to be deleted or amended but only to the minimum extent necessary and the remaining provisions shall remain in full force and effect. These Terms & Conditions and the Privacy Policy represent the full agreement between the parties and no representation or statement of any kind not incorporated herein forms part of the contract. Any claim you may have arising out of or in connection with these Terms & Conditions or the Website must be commenced within one (1) year after the cause of action accrues. Contact Us The Website is operated and owned by Primestone. If you have any concerns, feedback or suggestions please contact us: lunamar.algarve@gmail.com about Terms of Service
Privacy Policy
IDENTIFICATION OF THE DATA CONTROLLER Name: GROWING STATUS, LDA (adiante designadas por “GROWING STATUS”) Registered Office Rua Nova da Trindade, nº 1, 3º Dto., 1200-301 Lisboa Tax Registration Number (NIPC): 517239817 Telephone: +351 937 398 673 E–mail: lunamar.algarve@gmail.com
INFORMATION The Portuguese Data Protection Law, “Lei da Proteção de Dados Pessoais” Law no 58/2019, 8th of august, hereinafter, “LPDP”) and the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27th of April 2016, hereinafter “GDPR”) shall ensure the protection of natural persons with regard to the processing of personal data and the free movement of such data. According to the Law, personal data refers to any “information relating to an identified or identifiable natural person, (“the data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, psychological, genetic, mental, economic, cultural or social identity of that natural person” (for example his name associated with his telephone number or e-mail address). By accepting this Privacy Policy, the user is informed about the treatment of personal data by GROWING STATUS. By reading this Privacy Policy, the user is informed about the personal data processing carried out by GROWING STATUS through the website https://www.primestone.pt/ When personal data is collected through the "Contacts", "Newsletter" forms or through other forms related to the activity of the website, it will be necessary for the user to fill in at least the items marked with an asterisk, since GROWING STATUS will not be able to provide the service or consultation required by the user if these data, considered necessary, are not provided.
PURPOSES OF THE PROCESSING OF PERSONAL DATA The personal data processed through this page will only be used for the following purposes:
Fulfilment and execution of any contract concluded between the Client and GROWING STATUS; To develop activities of an organisational, administrative, financial and accounting nature, such as internal organisation and functional activities for the fulfilment of contractual and pre-contractual obligations; Respond to requests for contact and/or information sent via the form available for this purpose on the Website; To manage complaints, suggestions or any other requests Communications with the client and scheduling of specific in-person services, when applicable; Verify, maintain and develop statistical analysis systems and activities; Sending newsletters; To comply with national and international legal provisions, or to execute an order of the competent judicial authorities. GROWING STATUS guarantees the confidentiality of all data provided. Although GROWING STATUS collects and processes data in a secure manner and prevents its loss or manipulation using the most appropriate techniques, it should be borne in mind that the collection of data in open networks allows personal data to be circulated without safety conditions, with the risk of being seen and used by unauthorized third parties. Failure to respond to data marked as mandatory, implies the inability to respond to the request of the data subject.
LAWFULNESS OF PROCESSING GROWING STATUS processes Users' data: when it is necessary for the performance of a contract to which the data user is a party, or for pre-contractual steps at the request of the user; when processing is necessary for compliance with a legal obligation to which GROWING STATUS is subject; when processing is necessary for the purposes of the legitimate interests pursued by GROWING STATUS or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child; when they express their express and free consent to the processing of their personal data for certain purposes.
Unless the user provides GROWING STATUS with his/her consent for the processing of his/her data for marketing purposes within the scope of the following paragraphs, the contact data (name, surname, address, email address, fixed telephone number, mobile telephone number) will be used by GROWING STATUS for the exclusive purpose of verifying the identity of the user (including by validating the email address), thus avoiding possible fraud and abuse, and contacting the user for service reasons only. The user guarantees that the information provided is true, accurate, complete and up to date, and is liable for any damage or loss, direct or indirect, that may be caused as a result of breach of this obligation. In the event that the data supplied belongs to a third party, the user guarantees that he/she has informed the said third party of the aspects contained in this document and has obtained their authorisation to supply their data to GROWING STATUS for the indicated purposes. COMMERCIAL AND PROMOTIONAL COMMUNICATIONS
After freely and facultatively obtaining the user's consent, some personal data (email address) may be processed by GROWING STATUS for marketing purposes (direct sales, sending advertising material and commercial communications). Consent to the processing of personal data for such purpose is free and optional. Even if consent to this purpose is given, the user may revoke it at any time. The user may object to the subsequent sending of promotional communications by email by clicking on the link dedicated to said revocation, which is found in any communication for the identified purpose. link dedicado à referida revogação, que se encontra em qualquer comunicação para a finalidade identificada.
DATA RETENTION GROWING STATUS only keeps and processes your personal data for the period that is necessary or obligatory for the fulfilment of the purposes described above, applying information conservation criteria appropriate to each treatment and in line with applicable legal and regulatory obligations.
To ensure protection of the security of the personal data made available to it, GROWING STATUS has adopted various technical and organisational security measures to protect personal data against destruction, loss, alteration, unauthorised disclosure or access or against any other form of illicit processing. If GROWING STATUS subcontracts the provision of services involving the transfer of personal data to other entities, these entities shall be obliged to adopt the technical and organisational measures necessary to protect the personal data against destruction, loss, alteration, disclosure, unauthorised access or any other type of illicit treatment. GROWING STATUS keeps personal data in its systems in such a way that it is possible to identify the Data Holders in accordance with the following criteria: for a period of time no longer than for the purposes for which they were collected, provided that legal or contractual obligations do not provide otherwise; to fulfil specific legal or contractual obligations; where applicable and legitimate, until such time as the Data Subject may request the opposition or erasure of the data.
DATA COMMUNICATION In addition to the communications made in compliance with legal obligations, the personal data of the Data Subject may be known, in addition to GROWING STATUS, by: employees and GROWING STATUS employees authorised to do so; authorised subcontractors; authorities in general, public administration, public entities and bodies, both national and international; external service providers;
Exclusively for the purposes indicated above, for the fulfilment of contractual and/or legal obligations. SECURITY MEASURES GROWING STATUS states that it has implemented and will continue to implement the security measures of a technical and organizational nature necessary to guarantee the security of the personal data provided to it, in order to prevent its alteration, loss, unauthorized treatment and/or access, taking into account the current state of the technology, the nature of the data stored and the risks to which it is exposed. GROWING STATUS guarantees the confidentiality of the data provided through this website. The collection and processing of data takes place safely and prevents its loss or manipulation. All data is inserted on a secure server (256-bit SSL) that encrypts/encodes (transforms into a code). You can verify that your browser is safe if the padlock symbol appears or if the address starts with HTTPS instead of HTTP.
The personal data is treated with the level of protection legally required to guarantee the security of the same, as well as prevent unauthorized alteration, loss, unauthorized processing, considering the state of the technology, being the user aware and accepting that the security measures of Internet are not impregnable.
Whenever GROWING STATUS accesses personal data, it undertakes to:
• Store the data by means of legally enforceable security measures of a technical and organizational nature that guarantee their security, thus avoiding unauthorized alteration, loss, processing or access, according to the current state of technology, the nature of the data and the possible risks to which they are exposed; • Use the data exclusively for the purposes which were previously defined; • Make sure that the data is handled only by the employees whose intervention is necessary to satisfy the request of the data subject, being the same obliged to the duty of secrecy and confidentiality. Should the information be disclosed to third parties for said purposes, they should be required to keep the confidentiality in accordance with what is envisioned in this document.
TRANSFERS OF PERSONAL DATA TO THIRD COUNTRIES The personal data collected will be processed within the European Economic Area and there will be no international data transfers to third countries or international organisations. If personal data is processed outside the European Economic Area, it will be processed only with adequate safeguards and at the required level of protection in accordance with the legislation on personal data protection.
EXERCISE OF THE RIGHTS OF THE DATA SUBJECT In accordance with the provisions of the LPDP and the RGPD, the user may exercise at any time his/her right to information, access, rectification, erasure, limitation, portability and opposition by means of a written request addressed to GROWING STATUS, through the following means: E-mail: lunamar.algarve@gmail.com Address: Rua Nova da Trindade, nº 1, 3º Dto., 1200-301 Lisboa
SUPERVISORY AUTHORITY In accordance with the law, the data subject has the right to submit a complaint regarding the protection of personal data to the competent supervisory authority, the National Data Protection Commission “Comissão Nacional de Proteção de Dados” (CNPD) www.cnpd.pt. THIRD PARTY PAGES The website may contain advertising, links or other content that links or redirects to pages and services of suppliers, advertisers, affiliates, sponsors of GROWING STATUS and other third parties. However, GROWING STATUS does not control the content or links that appear on these pages and is not responsible for the practices used by these pages or websites. GROWING STATUS advises users to visit the privacy policy of such pages, as well as their terms and conditions. Research or interaction on any other website, including those that have an external link to the website, are subject to the terms and conditions of that website, in no case being GROWING STATUS responsible for such access and use.
PRIVACY POLICY UPDATES GROWING STATUS reserves the right to revise this Policy at any time it considers appropriate, and users are advised to check this privacy policy regularly and/or each time they access the Website.