Privacy Policy
Data Protection and Privacy Commitment
MagicWay – Marketing Consulting complies with all applicable community and national legal standards in the area of data protection, privacy and information security.
MagicWay – Innovation Consulting is implementing a Personal Data Protection System and an Information Security System, in order to ensure regulatory compliance and demonstrate or evidence institutional responsibility in terms of data protection and information security, implementing all necessary technical and organizational measures, both to comply with the general legal regime of the Law Implementing the General Data Protection Regulation (Law 58/2019, of August 8), and to comply with the legal regime of the General Data Protection Regulation, EU Regulation 679/2016, of April 27).
For any clarification or additional information or to exercise rights in this regard, please contact the Data Protection Officer of MagicWay – Innovation Consulting via email dp@magic-way.com.
Definitions
«Personal data»
‘Personal data’ means information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier. Personal identifiers are considered to be, for example, a name, an identification number, location data, identifiers by electronic means or one or more specific elements of the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
«Processing of Personal Data»
‘processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
«Cookies»
“Cookies” are small text files with information considered relevant that the devices used for access (computers, mobile phones or portable mobile devices) load, through the internet browser, when a website is visited by the Customer or User.
Entity Responsible for Processing
Xolo Go OÜ – Pedro Miguel Dos Santos Palrão, with registered office at Tartu mnt 2, 10145 Tallinn, Estonia, Legal Entity with VAT EE102156920, hereinafter referred to as MagicWay – Innovation Consulting, is the entity responsible for the online websites and computerized applications, hereinafter referred to as channels or applications, through which Users, Service Recipients or Customers have remote access to the services of MagicWay – Innovation Consulting that are presented or provided, at any time, through them, and the entity is considered responsible for the processing of personal data.
The use of channels or applications by any User, Service Recipient or Customer may imply the carrying out of personal data processing operations, the protection, privacy and security of which by MagicWay – Innovation Consulting, as the entity responsible for the respective processing, is ensured, in accordance with the terms of this Data Protection Policy.
Data Controller Contacts
To contact the Data Protection Officer of MagicWay – Innovation Consulting, please send an email to dp@magic-way.com or to each of the specific addresses identified on the websites, describing the subject of the request and indicating an email address, a telephone contact address or a correspondence address.
For any other purpose, the following general MagicWay – Innovation Consulting contacts may be used:
– Postal Address: Tartu mnt 2, 10145 Tallinn, Estonia;
– General Email: info@magic-way.com;
– General Telephone: + 351 967 647 119;
Collection and Processing of Personal Data
MagicWay – Innovation Consulting processes personal data strictly necessary for the provision of information and the operation of its channels, in accordance with the uses made by Users, Service Recipients or Customers, whether those provided for the purpose of registering requests or obtaining information, or those provided for the purpose of joining those channels, or those resulting from the use of services provided by MagicWay – Innovation Consulting through them, such as access, queries, instructions, transactions and other records relating to their use.
In particular, the use or activation of certain channel features may involve the processing of several direct or indirect personal identifiers, such as name, home address, contact details, device addresses or geographic location, provided that the User, Service Recipient or Customer has given express consent to do so.
In all cases, Users, Service Recipients or Customers will always be informed of the need to access such data in order to use the functionalities of the channels in question.
Personal data collected by MagicWay – Innovation Consulting are processed electronically, in certain cases automatically, including the processing of files or the definition of profiles and within the scope of the management of the pre-contractual, contractual or post-contractual relationship with Users, Service Recipients or Customers, in accordance with current national and community regulations.
Categories of Personal Data Processed and Data Subjects
The categories or types of personal data that are subject to processing are generally the following:
– identification data;
– contact details;
– professional data;
– billing data;
– traffic data and access control.
In the different establishments of the Data Controller, biometric data may also be processed through the video surveillance systems that are installed.
The detailed list of categories of personal data and categories of data subjects is contained in the Data Processing Information Sheets.
Legal Principles
All data processing operations comply with fundamental legal principles in the area of data protection and privacy, namely regarding their circulation, lawfulness, loyalty, transparency, purpose, minimization, conservation, accuracy, integrity and confidentiality, with MagicWay – Innovation Consulting being available to demonstrate its responsibility towards the data subject or any other third party that has a legitimate interest in this matter.
Fundamentals of Legitimacy
All data processing operations carried out by MagicWay – Innovation Consulting have a basis of legitimacy, namely, either because the data subject has given his/her consent to the processing of his/her personal data for one or more specific purposes, or because the processing is considered necessary for the execution of a contract to which the data subject is a party or for pre-contractual steps at the request of the data subject, or because the processing is necessary for compliance with a legal obligation to which the controller is subject, or for the purposes of public interest, or because the processing is considered necessary for the purposes of pursuing the legitimate interests pursued by MagicWay – Innovation Consulting or by third parties.
Purpose of Processing
All personal data processed within the scope of MagicWay – Innovation Consulting channels are exclusively intended for the provision of information to Users, for the management of personal information of Service Recipients considered necessary for the purposes of managing the relationship or communication, as well as for the provision of services to Customers and, in general, for the management of the pre-contractual, contractual or post-contractual relationship with Users, Service Recipients or Customers.
The personal data collected may also, and eventually, be processed for statistical purposes, for information dissemination or promotional actions and for communication actions, in particular to promote actions to publicize new features or new services, through direct communication, whether by correspondence, e-mail, messages or telephone calls or any other electronic communications service.
Prior information and the collection of express authorization for these latter purposes are always ensured, Users, Service Recipients or Customers may, at any time, exercise their right to withdraw consent or their right to object to the use of their personal data for other purposes that go beyond the management of the relationship with the Data Controller, namely for the purposes of pursuing legitimate interests, for sending informative communications or for inclusion in lists or information services, and to do so, they must send a written request addressed to the Data Protection Officer of MagicWay – Consultoria de Inovação, in accordance with the procedures indicated below.
Data Processing Information Sheets
Under the principle of loyalty and transparency and to ensure compliance with the duty to provide information, MagicWay – Innovation Consulting directly delivers or makes publicly available to all holders of personal data, depending on the form in which their personal data is collected, information sheets on the data processing operations carried out, with these sheets being accessible for consultation at any public service unit or at the Data Protection Officer.
Data Retention Periods
Personal data will be stored only for the period necessary for the purposes for which they were collected or subsequently processed, ensuring compliance with all applicable legal standards regarding archiving and specifying the specific storage period in each of the Data Processing Information Sheets.
Use of Cookies
MagicWay – Innovation Consulting may eventually use two main categories of “cookies”: “cookies” within the scope of online websites and “cookies” within the scope of direct electronic communication channels, with the respective deactivation by Users or Customers always being guaranteed in any of the categories.
MagicWay – Innovation Consulting uses “cookies” on its online websites in order to improve the performance and browsing experience of Users and Customers, increasing, on the one hand, the speed and efficiency of response and, on the other, eliminating the need to repeatedly enter the same information.
The use of “cookies” helps online sites to recognize Users’ and Customers’ devices the next time they visit them and is also, in some cases, essential for their operation.
The “cookies” used by MagicWay – Innovation Consulting, in all its channels, do not collect personal information that allows the identification of Users or Customers, storing only generic information, namely the form or geographic location of access and the way in which they use the channels, among others. “Cookies” only retain information related to the preferences of Users and Customers, and no personal identifiers are recorded.
Users, Service Recipients and Customers may, at any time, through the computer application they use to browse the internet (“browser”), decide to be notified of the receipt of “cookies”, as well as block their entry into their system.
In relation to the type of intended purposes, MagicWay – Innovation Consulting may, where appropriate, use three different types of “cookies”, in accordance with the following specifications:
(i) essential cookies – some cookies are essential to access specific areas of the online channels, enabling navigation and use of their applications, such as access to secure areas of the websites, through user registration – without these cookies, the services that require them cannot be provided;
(ii) functionality cookies – functionality cookies allow the user’s preferences to be remembered when browsing online websites, meaning that they do not need to be reconfigured and customized each time the user visits the website;
(iii) analytical cookies – these cookies are used to analyse how users use the websites, enabling us to highlight articles or services that may be of interest to users, monitoring the performance of the websites, as well as knowing which pages are most popular, which method of linking between pages is most effective or to determine why some pages are receiving error messages – these cookies are used only for the purposes of creating and analysing statistics, without ever collecting personal information.
For these purposes, MagicWay – Innovation Consulting can provide a high-quality experience to Users, Service Recipients or Customers, personalizing information and offers and identifying or correcting any potential problems that may arise within the scope of their respective use.
Regarding the type of validity, there are two types of “cookies”:
(i) permanent “cookies” – these are “cookies” that are stored on the devices used to access the channels (computers, mobile phones, etc.), at the level of the computer application used to browse the internet (“browser”), and are used whenever Users or Customers visit any channel again – in general, they are used to direct browsing according to the interests of the User or Customer, allowing MagicWay – Innovation Consulting to provide a more personalized service;
(ii) session cookies – these are temporary cookies that are generated and are only available until you close the session, as the next time the Customer/User accesses their internet browser (browser) the cookies will no longer be stored – the information obtained allows us to manage sessions, identify problems and provide a better browsing experience.
Users, Service Recipients or Customers may deactivate some or all of the “cookies” at any time – to do so, they must follow the instructions available in each of the computer applications used to browse the internet (“browser”). However, by deactivating them, they may lose access to some of the websites’ functionalities.
MagicWay – Innovation Consulting, within the scope of direct electronic communication channels, may also use “cookies” when opening different electronic communications sent, such as “newsletters” and electronic mail, for statistical purposes – allowing us to know whether these communications are opened and to verify clicks through links or advertisements within these communications.
Also in this category of “cookies”, Users, Service Recipients or Customers always have the possibility of deactivating the sending of electronic communications through the specific option in the footer of the same.
We use the “Real Cookie Banner” consent management tool to manage the cookies and similar technologies (tracking pixels, web beacons, etc.) used on this website, as well as the consent for the related data processing. You can find more information about how “Real Cookie Banner” works at <a href=”https://devowl.io/rcb/data-processing/” rel=”noreferrer” target=”_blank”>https://devowl.io/rcb/data-processing/</a>.
The processing of personal data carried out in this context has its legal basis in Article 6 (1) c) and f) of the GDPR. Our legitimate interest for processing lies in the need to manage the cookies and similar technologies used, as well as the related consent.
The provision of personal data is neither contractually required nor necessary for the performance of a contract. Therefore, it is not mandatory for the user of our website to provide their personal data. However, if you do not authorize the collection and processing of this data, we will not be able to manage your consent.
Communication of Data to Other Entities
The provision of information or the provision of services by MagicWay – Innovation Consulting to its Users, Service Recipients or Customers through the channels may eventually imply the use of services from third-party subcontracted entities, including entities based outside the European Union, for the provision of certain services, which may imply access by these entities to such personal data.
In these circumstances and whenever necessary, MagicWay – Innovation Consulting will only use subcontracted entities that provide sufficient guarantees of implementing appropriate technical and organizational measures in a way that the processing meets the requirements of the applicable standards, with such guarantees being formalized in a contract signed between MagicWay – Innovation Consulting and each of these third parties.
Data Recipients
Except in the context of compliance with legal obligations, execution of contracts or pursuit of legitimate interests, under no circumstances will there be communication of personal data of Users, Service Recipients or Customers to third parties that are not subcontracted entities or legitimate recipients, nor will any other communication be carried out for purposes other than those mentioned above.
International Data Transfers
Any transfer of personal data to a third country or an international organization will only be carried out within the framework of compliance with legal obligations or ensuring compliance with applicable Community and national legal standards in this matter.
Security Measures
Taking into account the most advanced techniques, application costs and the nature, scope, context and purposes of the processing, as well as the risks, of varying probability and severity, for Users, Service Recipients or Customers, MagicWay – Innovation Consulting and all entities that are its subcontractors apply the appropriate technical and organizational measures to ensure a level of security appropriate to the risk.
To this end, various security measures are adopted to protect personal data against dissemination, loss, misuse, alteration, processing or unauthorized access, as well as against any other form of unlawful processing.
It is the sole responsibility of Users, Service Recipients or Customers to keep access codes secret and not share them with third parties. In the particular case of computer applications used to access channels, they must also maintain and keep access devices in safe conditions and follow the security practices recommended by manufacturers and/or operators, especially with regard to the installation and updating of necessary security applications, notably, among others, antivirus applications.
If it is necessary to subcontract services to third parties that may have access to the personal data of Users, Service Recipients or Customers, MagicWay – Innovation Consulting’s subcontractors will be obliged to adopt security measures and protocols at the organizational level and the technical measures necessary to protect the confidentiality and security of personal data, as well as to prevent unauthorized access, loss or destruction of personal data.
Exercise of the Rights of Personal Data Holders
Users, Service Recipients or Clients of MagicWay – Innovation Consulting may, as holders of personal data, at any time, exercise their data protection and privacy rights, especially the rights of access, rectification, erasure, portability, limitation or opposition to processing, under the terms and with the limitations provided for in the applicable regulations.
Any request to exercise data protection and privacy rights must be addressed, in writing, by the respective holder, to the Data Protection Officer, in accordance with the procedure and contact described below.
Complaints or Suggestions
Users, Service Recipients or Customers have the right to file a complaint, either by registering the complaint in the Complaints Book or by filing a complaint with the regulatory authorities – in the latter case, they may file a petition or complaint directly with the National Data Protection Commission through the contacts available at www.cnpd.pt.
Users, Service Recipients or Customers may also make suggestions by sending an email to the Data Protection Officer at dp@magic-way.com.
Incident Reporting
MagicWay – Innovation Consulting has implemented an incident management system within the scope of data protection, privacy and information security.
If any User, Service Recipient or Customer wishes to report the occurrence of any personal data breach that causes, accidentally or unlawfully, the destruction, loss, alteration, disclosure or unauthorized access to personal data transmitted, stored or subject to any other type of processing, they may contact the Data Protection Officer or use MagicWay – Innovation Consulting’s general contacts.
Changes to the Data Protection Policy
To ensure its updating, development and continuous improvement, MagicWay – Consultoria em Inovação may, at any time, make changes that are considered appropriate or necessary to this Data Protection Policy, ensuring its publication on the different channels to guarantee transparency and information to Users, Service Recipients and Customers.
Express Consent and Acceptance
The terms of the Data Protection and Privacy Policy are complementary to the terms and provisions, regarding personal data, set out in the General Conditions of Use of MagicWay – Innovation Consulting channels.
The free, specific and informed provision of personal data by the respective holder implies knowledge and acceptance of the conditions contained in this Policy, considering that, by using the channels or by making their personal data available, Users, Service Recipients and Customers are expressly authorizing their processing, in accordance with the rules defined in each of the applicable channels or collection instruments.
Special Data Protection Policies
With a commitment to transparency and information and to ensure the adequacy of the Data Protection Policy to the different data processing operations carried out and, above all, to the different categories of data subjects, MagicWay – Innovation Consulting can develop Data Protection Policies of a special nature, such as, for example:
– the Data Protection Policy in the Workplace;
– the Data Protection Policy in the Management of Applications and
– the Suppliers’ Employee Data Protection Policy.
These special policies are made available directly to the respective categories of data subjects and are available for consultation upon request to the Data Protection Officer.
Data Protection Officer
To exercise any type of data protection and privacy rights or for any matter relating to data protection, privacy and information security, Users, Service Recipients and Customers who interact with MagicWay – Consultoria de Inovação may contact the Data Protection Officer via email dp@magic-way.com, describing the subject of the request and providing an email address, a telephone contact address or a correspondence address for reply.