1. WHAT IS DATA PROTECTION FOR WYZE?
The User’s privacy and data protection is absolutely fundamental for WYZE and constitutes one of its nuclear concerns.
2. WHAT IS PERSONAL DATA?
The User’s personal data refer to any information, from any nature or support, regarding a natural personal identified. A natural person is considered identified if he or she could be identified through a name, tax payer number, a GPS location, an electronic identifier or any other element that could lead to the identification of the natural person.
3. WHO IS RESPONSIBLE FOR THE DATA TREATMENT AND ITS PROTECTION?
The collection and treatment of the personal data of the User is of WYZE’s responsibility, as provider of a service, and therefore assumes a decision as regards the amount of data collected, any means of treatment and the reasonable purpose to be given to such data.
4. WHO ARE THE OWNERS OF THE PERSONAL DATA?
The personal data is in respect of the Users of WYZE, who are the legitimate owners of such information. Pursuant to this, WYZE must inform its Users that is responsible for the protection of the personal data of each User and therefore is in compliance with Regulation EU 2016/679 of the European Parliament and Council of 27 April 2016, in relation to the protection of natural persons concerning the treatment of personal data and free movement of data, which revokes Directive 95/46/CE (hereinafter “GDPR”).
5. WHAT IS THE PERSONAL DATA WE TREAT?
WYZE collects and receives personal data from its Users through the introduction of personal data in the App, by the Users, during each profile account filling.
There are cases in which WYZE could be provided with personal data through its social network account, through any comments exchange, opinions and share of contents (social network profile).
Personal data could also be obtained indirectly. Such information is only used with statistic purposes and it is intended to analyze the utilization of WYZE social network (Cookies Policy).
ID and contact
Name, address, email
Other ID data
GPS location, social network
Profile and interests
Invoices issued by WYZE regarding its Service
Consent: when WYZE obtains the previous consent of the User – in written form or through its App – and this consent is free, informed, specific and unequivocal.
Compliance with a legal obligation: when the treatment of personal data is necessary for the compliance with a legal obligation for WYZE, for example through a communication issued by WYZE to a legal authority.
7. FOR WHAT PURPOSE AND DURATION DOES WYZE TREATS PERSONAL DATA?
The personal data of the User is treated by WYZE during the entire duration of the relation between the User and WYZE or, as applicable, until any of the parties exercise its opposition right, the right to be forgotten or revokes its consent. Once the contractual relation between the parties is extinguished, WYZE shall delete or anonymize the personal data of the User, as such data should not be held by WYZE for any purpose.
Consumer profile analysis
Contacts, information or requests management
Accounting, Tax and Administrative management
Accounting and collections
Tax information, including information to the tax authorities
Judicial and extrajudicial collections
Other conflicts management
8. WHAT IS THE TERM FOR THE TREATMENT AND MAINTENANCE OF PERSONAL DATA?
WYZE treats and holds the User’s personal data pursuant to the purposes of each data. There are some cases under the scope of the law demanding the treatment and maintenance of personal data for a minimum period, namely data to be provided to the Tax Authorities for accounting or tax purposes, or data related to commercial registration, for 10 (ten) years, or 7 (seven), if related to anti-money laundering and terrorism financing.
If there is no specific law provision, the User’s personal data shall be duly treated only for the minimum period necessary for the compliance with the purposes under which such data was collected, pursuant to the applicable law and guidance issued by the Comissão Nacional de Protecção de Dados (“CNPD”).
Furthermore, WYZE is committed to the treatment and maintenance of the personal data of the User during the contractual relation established between the parties.
Therefore, WYZE is entitled to hold other personal data for a larger period than the one agreed between the parties, based on the consent given by the User, or to ensure any legal rights or duties in relation to the service, or even pursuant to its rightful interests, for the necessary period of the fulfillment of its purposes and guidance issued by the CNPD.
9. WHEN AND HOW DO WE COLLECT PERSONAL DATA OF THE USER?
We collect personal data of the User under his/her consent, i.e., when the relationship between the User and WYZE is effectively established.
10. WHAT ARE THE USER’S RIGHTS?
Access Right: is the right to obtain confirmation on the data related to the User which is under treatment and information about such data, as its purposes, term of the obligation to hold that information, among others.
Correction Right: is the right to request correction of the incorrect personal data of the User or request that the incomplete information is duly completed, for example, the address, the tax payer number, email, phone contact, among others.
Right of Deletion or “Right to be Forgotten”: is the right to request deletion of the personal data of the User provided that there is no fundamental reason for its maintenance, unless WYZE is legally demanded to maintain such personal data in order to comply with a legal obligation or is under a judicial procedure.
Portability Right: is the right to be provided with personal data under a digital format of common use and automatic reading or to request the direct transfer of personal data to a different entity responsible for the treatment of the personal data, even though in this case it is only considered technically responsible.
Right of Opposition: is the right under which the User may oppose to the use of personal data, for example in a marketing campaign, unless this use is considered legitimate and not in conflict with its own rightful interests, as per the use of such information during a judicial procedure.
Right to Request Limitation: is the right to request limitation of the treatment of personal data of the User, under (i) the suspension of such treatment or (ii) the limitation of the scope of such treatment to certain categories of data or its purposes.
Right to Withdraw Consent: is the right provided to the User to withdraw its consent at any time, without prejudicing the lawfulness of the treatment of personal data pursuant to the consent previously given.
When the personal data of the User is automatically treated, including for the purposes of creation of a profile (exclusively automatic, without human intervention) and may produce effects on the judicial scope of the User, the User is deemed to oppose to any decision arising from such automatic treatment, except in the event of being against any provision of the law, WYZE shall be entitled to protect its rightful interests, and the User may request its personal data to be treated through human intervention by WYZE, to form a decision based in such human intervention or to oppose to a decision taken under the automatic treatment of the personal data.
Right to Complain is the right to complain to the national authorities, CNPD, besides WYZE.
11. HOW CAN YOU EXERCISE YOUR RIGHTS?
The exercise of any rights arising from the relationship between the parties is free of any charge, except in the event of a request clearly unfounded or inadmissible, case in which WYZE may charge a reasonable fee given its own costs.
Such information shall be delivered in written form.
In such event, the information shall be delivered in a maximum period of 30 (thirty) days, unless in case of a particular complex request.
Any intention of the User to exercise her/his rights shall be made through a contact with WYZE, in written form, for the following address:
Rua das Janelas Verdes, 128 C | 1200-690 Lisboa, Portugal
12. IS IT POSSIBLE TO COMMUNICATE THE PERSONAL DATA OF THE USER TO OTHER ENTITY, A SUBCONTRACTOR OF ANY THIRD PARTY?
The personal data of the User may be transferred to a subcontractor for treatment on behalf of WYZE. In this event, WYZE shall be taken any contractual measures in order to guarantee that the subcontractor respects and protects the personal data of the User.
The data may also be transferred to third parties – entities other than WYZE or subcontractors – in case the User has given express consent to this or to entities to which the User’s data has to be communicated by law, such as tax authority.
13. IN WHICH CASES DOES WYZE TRANSFER THE USER’S PERSONAL DATA TO A THIRD PARTY?
WYZE may have to transfer her/his personal data to a third country outside the European Union and not included in the list of countries that the European Union considers to meet adequate levels of protection of personal data. In such cases, WYZE will ensure that personal data transfers are carried out in strict compliance with applicable legal standards.8.