Regulation 2016/679 of the European Parliament and of the Council on the protection of individuals with regards to the processing of personal data and the free movement of such data has been published.
This Regulation provides for a single set of data protection rules for all companies active in the European Union, regardless of their location.
1. INDAQUA'S COMMITMENT
The protection of privacy and personal data is a fundamental commitment of all the companies of the INDAQUA Group towards their Users, and these companies act in accordance with the provisions contained in the General Data Protection Regulation (“GDPR”) and other applicable legislation.
INDAQUA undertakes to:
a) Maintain confidentiality of personal data, except where transmission or disclosure to third parties is necessary;
b) Ensure that the transmission of personal data to subcontracted third parties is subject to adequate contractual conditions to ensure the lawfulness and security of the processing of such personal data;
c) Adopt appropriate technical and organisational measures to ensure the protection of personal data against accidental or unauthorised access, destruction, disclosure, transmission or other improper use;
d) Inform the User of any breach of their personal data that is likely to entail a high risk for their rights and freedoms in terms of privacy, namely accidental or unauthorised access, destruction, disclosure, transmission or other improper use.
INDAQUA advises you to read the general service provision clauses.
2. DATA CONTROLLER
The person responsible for the collection and processing of your personal data will be the INDAQUA Group company that provides the service and that, in this context, decides which data is collected, means of processing and the purposes for which the data are used.
INDAQUA (i) monitors the compliance of data processing with the applicable rules, (ii) has created a point of contact with the customer or User to clarify questions regarding the processing of their data by INDAQUA, (iii) cooperates with the supervisory authority, (iv) provides information and advises the controller or processor of their obligations in terms of privacy and data protection.
3. PERSONAL DATA, DATA SUBJECTS AND CATEGORIES OF PERSONAL DATA
What is personal data?
Personal Data is any information relating to an identified or identifiable natural person (“data subject”); a natural person is considered identifiable, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, electronic identifier or to one or more specific elements of the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
Who are data subjects?
The User, a natural person, who enjoys the availability of use and/or connection to water supply and/or wastewater sanitation systems and to whom the data relate.
What categories of personal data do we process?
Identification Data (examples):
e) Name, address, email address, telephone number and other contact details;
f) Information relating to the form of payment for the goods and/or services to be provided, including bank account number;
g) Information on the history of consumption, payments and other interactions;
h) Preferences indicated by the User regarding contacts, on the part of INDAQUA or third parties on its service.
4. BACKGROUND, PURPOSES AND DURATION OF THE PROCESSING OF PERSONAL DATA
On what basis can INDAQUA process your personal data?
Execution of the Agreement: The processing of data to be carried out by INDAQUA is considered lawful processing under the terms of current legislation because it is necessary for the execution of the agreement to which the data subject is a party. The provision and processing of personal data necessary for the execution of the User Agreement, as well as the fulfilment of legal obligations, is a necessary requirement for the conclusion and execution of the User Agreement,
Compliance with a legal obligation: when the processing of personal data is necessary to comply with a legal obligation to which INDAQUA is subject, such as the communication of data to police, judicial, tax or regulatory entities or of location data to provide emergency services.
Form of processing
The processing of personal data may be done by automated or non-automated means, and will have, among others, the following purposes:
i) Perform the necessary acts to supply the goods and services that are the object of the User Agreement;
j) Verify the User’s identity;
k) Manage and process the User’s queries, requests and complaints;
l) Manage and record the history of consumption and interactions with the User;
m) Manage the collection and payment of instalments due under the User Agreement;
n) Send information about INDAQUA’s products or services within the scope of the User Agreement;
o) Comply with legal obligations, including mandatory notifications from public entities;
p) Any other incidental purposes related to the Agreement.
INDAQUA may use subcontractors for processing personal data, namely for invoicing and collection, management of the User Agreement, provision of the service, management of litigation, and shall ensure that such entities are obliged to develop appropriate technical and organisational measures to protect data and to defend the rights of the data subject. In exceptional circumstances, personal data may have to be communicated to public authorities, such as tax authorities, courts and security forces.
How long does INDAQUA process your personal data?
Personal data will be kept for the time necessary to ensure the purpose for which they are intended and will be subsequently destroyed; it is possible that this time will go beyond the validity period of the agreement, for the purpose of complying with legal obligations.
What are the deadlines for processing and storing personal data?
INDAQUA processes and keeps your personal data according to the purposes for which they are processed.
Whenever there is no specific legal obligation that states a longer period of time, the data will be processed only for the period necessary to fulfil the purposes that caused it to be collected and preserved and always in accordance with the law, the guidelines and decisions of the CNPD.
Thus, INDAQUA can process and keep your personal data beyond the period of the contractual relationship.
INDAQUA may record telephone calls as proof of a commercial transaction and any other communications regarding the contractual relationship, as well as to monitor the quality of the service provided, under the terms required by law.
INDAQUA may keep the recordings as proof of the commercial transaction, and communications within the scope of the contractual relationship, for the duration of the contract agreed between the parties, plus the prescription and expiry period of 6 months (which may be longer if legal proceedings are in progress relating to the said contractual relationship).
INDAQUA will retain recorded calls in order to monitor the quality of service for a maximum period of 30 days.
With regards to video surveillance of its premises and stores, INDAQUA will only keep the recordings of images and respective personal data for a maximum period of 30 days.
INDAQUA may keep other personal data for periods longer than the duration of the contractual relationship to ensure rights or duties related to the agreement, or because it has legitimate interests that underlie it, but always for the period strictly necessary to carry out the respective purposes and in accordance with the CNPD guidelines and decisions.
5. FORM AND TIME OF COLLECTION OF PERSONAL DATA
When and how do we collect your personal data?
We collect personal data when we announce the availability of the Services, enter into a service provision agreement with INDAQUA or when the User subscribes to services associated with this Agreement.
The collection can be done orally, in writing or through the INDAQUA website.
6. RIGHTS OF THE DATA SUBJECT
What are your rights?
Right of Access
Right to obtain confirmation regarding which of your personal data are processed and information about them, such as, for example, the purposes of the processing, the retention periods, etc.
Right to see/hear or obtain a copy, for example, of invoices, written agreements or recorded calls.
Right of Rectification
Right to request the rectification of your personal data that are inaccurate or request that incomplete personal data be completed, such as address, TIN, email address, telephone contacts, or others.
Right to Data Erasure or “Right to be Forgotten”
Right to the erasure of your personal data, provided that there are no valid grounds for them to be kept, such as, for example, cases in which INDAQUA has to keep the data to fulfil a legal obligation of preservation for investigation, detection and repression of crimes or because a court case is in progress or for information to the Tax Authority for accounting or tax purposes.
Right to Withdraw Consent or Right to Opposition
Right to oppose or to withdraw your consent, at any time, to data processing, provided that there are no legitimate interests that prevail over your interests, rights and freedoms, such as: those deemed necessary for the performance of the agreement, defence of a right in a judicial proceeding, or others.
Right of Limitation
Right to request the limitation of the processing of your personal data, in the form of: (i) suspension of processing or (ii) limitation on the scope of processing of certain categories of data or processing purposes.
Right to complain
Right to file a complaint with the supervisory authority, the CNPD, in addition to filing with the company.
How can you exercise your rights?
The exercise of rights is free and the information must be provided in writing.
The response to requests must be provided within a maximum period of 30 days, unless it is a particularly complex request.
You can exercise your rights through the following addresses:
INDAQUA Fafe – Gestão de Águas de Fafe, S.A.
Avenida Joaquim Neves dos Santos, 122, 1.º
Phone: (+351) 229 997 970
INDAQUA Santo Tirso/Trofa – Gestão de Águas de Santo Tirso e Trofa, S.A.
Rua Luís de Camões, 49
4780-497 Santo Tirso
Phone: (+351) 252 800 600
INDAQUA Feira – Indústria e Gestão de Águas de Santa Maria da Feira, S.A.
Rua Dr. Alcides Strecht Monteiro, 17
4520-179 Santa Maria da Feira
Phone: (+351) 256 371 500
INDAQUA Matosinhos – Gestão de Águas de Matosinhos, S.A.
Av. Fabril do Norte, 1601
4460-316 Senhora da Hora
Phone: (+351) 229 393 200
INDAQUA Vila do Conde – Gestão de Águas de Vila do Conde, S.A.
Praça José Régio, nº 101 – r/c
4480-718 Vila do Conde
Phone: (+351) 252 291 220
INDAQUA Oliveira de Azeméis – Gestão de Águas de Oliveira de Azeméis, S.A.
Largo Luís de Camões, CC Rainha Loja 16 Piso 1
3720-232 Oliveira de Azeméis
Phone: (+351) 256 690 150
INDAQUA Indústria e Gestão de Águas, SA
Avenida Joaquim Neves dos Santos, 122, 1.º
Phone: (+351) 229 997 970
Avenida Joaquim Neves dos Santos, 122
Phone: (+351) 229 997 970
Edifício da Maianga Rua Kwamme N´Krumah, 31 – 6ºD Ingombotas
Luanda – Angola
7. TRANSMISSION OF PERSONAL DATA
Under what circumstances is your personal data communicated to other entities, subcontractors or third parties?
Your data may be transmitted to subcontractors so that they can process them on behalf of INDAQUA. In this case, INDAQUA will take the necessary contractual measures to ensure that subcontractors respect and protect the data subject’s personal data.
The data may also be transmitted to third parties – entities other than INDAQUA or subcontractors – such as companies within the INDAQUA Group, companies with which INDAQUA develops partnerships or entities to whom the data must be communicated by law, such as the tax authority, Grantor Municipalities, Sector Regulatory Entity, Water Supply Management Entities, Wastewater Sanitation and Waste Management Systems.
Under what circumstances does INDAQUA transfer your data to a third country?
INDAQUA may have to transfer your personal data to a third country outside the European Union. In such cases, INDAQUA will ensure that data transfers are carried out in strict compliance with the applicable legal regulations.
8. PROCEDURAL AND TECHNICAL SAFETY MEASURES
How does INDAQUA protect your personal information?
INDAQUA has implemented the appropriate logical, physical, organisational and security measures to protect your personal data against destruction, loss, alteration, dissemination, unauthorised access, or any other form of accidental or unlawful processing.