Privacy & Cookies

Introduction

In this Privacy Policy you will find all the relevant information regarding the way we use our users’ personally identifiable information, regardless of the channel or means they use to interact with us.

We are transparent about what we do with your personal data. For you to understand the implications of how we use your data and the rights you are entitled to in relation to it, we permanently make available all the information included in this Privacy Policy, so you can check when you consider appropriate. In addition, you will also find further information on how we use your data as you interact with us.

The user declares that all personal data communicated to Funderwear.pt is correct and accurate and commits to inform us of any modification, taking exclusive responsibility for losses and damages caused by erroneous, inexact or incomplete data communication. The user is expressly warned that when disclosing personal data in Funderwear’s public platforms like Facebook, Instagram, and others, this information can be seen and used by other companies or individuals. Funderwear.pt does not read any personal communications posted on the users’ personal pages or profiles.

Funderwear’s online store may contain links to third-party websites and services, which have their own privacy policies, and/or services provided by third-parties installed on your device may allow access to information contained therein. We recommend that you carefully read the privacy policies of such third-parties. Funderwear.pt is not responsible for the practices or contents of these third-party’s privacy policies.

I. Who is responsible for the treatment of your personal data?

The responsible for the processing of personal data is: Aleksandra Kuczyńska- Funderwear.pt (hereinafter Funderwear.pt), Estrada da Luz 63, 1600-152 Lisboa – Portugal, Tax Number 294325689.

NOTE: We do not provide direct service to the public in our facilities.

The user may contact Funderwear.pt at the following e-mail address: funderwear@funderwear.pt.

II. Why we process your personal data?

Depending on the purpose for which we process your data, we need to process certain data which will generally be, depending on each case, the following:

1. Your identification data (for example your name, surname, language and country from which you interact with us, contact details, etc.);

2. Economic and transactional information (e.g. your payment or card details, information about your purchases, orders, returns, etc.);

3. Connection, geolocation and/or navigation data (for example, in case of interacting with us through mobile phone);

4. Commercial information (for example, if you subscribed to our newsletter);

5. Information about your tastes and preferences.

Remember that when we ask you to fill in your personal data to give you access to some of the online store features or services, we will mark some fields as mandatory because this data is needed in order to provide the service or give you access to the aforementioned features. Please note that if you decide not to provide us with this data, you may be unable to complete your registration as a user, or to benefit from these services or features.

Depending on how you interact with Funderwear.pt, i.e. depending on the services, products or features you wish to use, we will treat your personal data for the following purposes:

1. To manage your registration as a user – If you decide to register as a user on our online store, we need to treat your data in order to identify you and give you access to its different features, products and services that are available to you as a registered user. You may cancel your registered user account by contacting us via e-mail: funderwear@funderwear.pt. You also have the possibility to use the access or login through a social network such as Facebook, either to register as a new user or to link the login to your current account. In this case, your login credentials, as well as your email address if you authorize it, will be imported from your social network account. By using this login option, the social network can send us certain additional information from your public profile, such as your name, gender, approximate age or profile picture, according to the terms of use of the social network, which we recommend you read carefully. Unless you give us your permission, we will not keep this additional data. Likewise, the use of this feature may presuppose that you share certain information about your activity with the social network. In any case, we recommend that you review your privacy settings and social network privacy policies to understand how your data is used;

2. For the development, fulfillment and execution of the purchase or services contract that you executed with us – This purpose includes processing your data, namely:

  • To contact you regarding updates or informational communications related to the contracted features, products or services;
  • To manage the payment for the products you buy, regardless of the payment procedure used (If, when buying any of our products through the online store, you decide to activate the saving your card data for future purchases feature, we need to treat the indicated data for the activation and development of this feature. Consent for its activation allows your payment data to automatically appear on subsequent purchases so that you do not need to re-enter it, and these data will be considered valid and effective for future purchases. You may change or cancel your cards at any time through the payment information section of your registered user account;
  • To activate the necessary actions in order to prevent potential fraud against you or us during the purchase process. If we consider that the transaction may be fraudulent, this processing may cause the blocking of the transaction;
  • To manage possible devolutions after you have purchased, and requests for information about the availability of products;
  • For billing purposes and to make the invoices of the purchases you made through the online store available to you.

3. To meet the requests you make through the Customer Support channels – We only process the strictly necessary personal data needed to manage or respond your request;

4. For marketing purposes – This purpose includes the processing of your data, namely:

  • If and when you subscribe to our Newsletter, we will treat your personal information to manage your subscription, including to send custom information about our products or services through various means (such as email). In this regard, please take into account that this data processing implies the analysis of your user or customer profile to establish your preferences and therefore which products and services are most fit to your style. For example, based on your purchase and browsing history (i.e. based on the articles that you clicked), we will make suggestions about products that we believe may interest you, and if you are a registered user, we will provide you with the “recover cart” feature. Remember that you can cancel the Newsletter subscription at any time and at no cost through the “Newsletter” section of the online store, or through the instructions we make available in each communication;
  • To publish on the online store or on our social network channels photographs or images that you shared publicly, whenever you give us your express consent for this purpose.

5. Functionality and quality analysis – If you access our online store, we inform you that we will treat your browsing data for analytic and statistical purposes, i.e., to understand how users interact with our online store and thus be able to improve it.

III. What is the ground of legitimacy for the treatment of your data?

The legal basis that allows us to process your personal data also depends on the purpose for which we treat it, as explained below:

1. To manage your user registration at the online store – We process your data because this is necessary according to the terms regulating the use of the online store. In other words, for you to be able to register as a user of the online store, we need to treat your personal data, otherwise we could not manage your registration.If you choose to use the access or login through a social network, we are legally permitted to process your data, given the consent you gave when authorizing the assignment of your data through the social network;

2. Development, fulfillment and execution of the purchase or services contract – The processing of your data is necessary for the conclusion of the sale or services contract with you.Some data processing related to the purchase process will only be activated because you request or authorize it, as is the case of storing payment data (card) for future purchases. In these cases, the basis for processing your data is your own consent.We consider having a legitimate interest in conducting the necessary checks aimed at detecting and preventing possible fraud during a purchase process. We understand that this data processing is beneficial for all parties involved in a purchase payment process, and in particular for you, as it allows us to take measures to protect you against third parties fraud attempts;

3. Customer Support – We consider that we have a legitimate interest in answering the requests or inquiries raised by you through the various available means of contact. We understand that the processing of these data is also beneficial to you as it enables us to assist you properly and respond to your requests.When contacting us, in particular for the management of incidents related to your order or the product/service purchased through the online store, the processing of your data is necessary for the conclusion of the purchase contract.When your consultation is related to the exercise of your rights on which we inform you below, or to complaints related to our products or services, we are legally permitted to process your data for the fulfillment of our legal obligations;

4. Marketing – The basis of legitimacy to treat your data for marketing purposes is the consent you give us, for example, when you accept to receive personalized information through various means, or to publish your pictures on our online store or social network channels.
In order to show you personalized information, we consider that we have a legitimate interest to conduct a profiling with the information that we have about you (such as your browsing history, preferences or purchases) and the personal information you provided us, such as age range or language. We understand that this data processing is also beneficial for you because it allows us to improve the user’s experience and access to information according to their preferences;

5. Usability and quality analysis – We consider having a legitimate interest in analyzing the online store’s usability and the user’s satisfaction degree. We understand that this data processing is also beneficial for you since it allows us not only to improve the user’s experience but also to provide a higher quality service.

IV. How long will we keep your data?

The time frame in which we keep your data depends on the purpose for its processing, as follows:

1. Manage your registration as an online store user – We will process your data for as long as you remain a registered user (i.e. until you decide to cancel your registration), but we caution that after 24 (twenty-four) consecutive months without using the online store, your data may be eliminated;

2. Development, fulfillment, and execution of the purchase or services contract – We will process your data for the time necessary to manage your purchase of our products or services, including potential returns or complaints associated with the purchase of that particular product or service.
Sometimes we will only process your data until the moment you decide, such as payment data (card) that you requested us to store for future purchases;

3. Customer Support – We will process your data for the time necessary to meet your request;

4. Marketing – We will process your data until you unsubscribe from the newsletter. If you participate in promotional actions, we will keep your data for a period of six (6) months after the end of the action;

5. Usability and quality analysis – We will process your data occasionally for the time needed to carry out a specific quality action or survey or until we anonymize your browsing data.

Regardless of processing your data for the strictly necessary time to fulfill its intended purpose, we will retain it subsequently duly stored and protected for as long as any liability derived from its processing may arise, in compliance with the current legislation. When each of the possible actions prescribes, we will proceed to delete the personal data.

V. Do we share your data with third parties?

In order to fulfill the purposes set forth in this Privacy Policy, we must give access to your personal data to third party entities who provide us with support for the services that we offer you, for example:

  • Financial Institutions;
  • Fraud detection and prevention agencies;
  • Technological service providers;
  • Logistic, transport and delivery partners and service providers;
  • Advertising and marketing related partners and service providers.

Likewise, Funderwear.pt may disclose certain users’ personal data when such is determined by law, in a judicial proceeding or in the context of investigations for suspicious activities.

Our online store offers you, under certain circumstances, social plugins from various social networks. If you decide to interact with a social network like Facebook, Instagram, among others (for example, through account registration), your activity on our online store will also be available to the corresponding social network. If you are connected to one of these social networks during your visit to our online store or if you interact with us through one of the social plugins, the social network may include this information to your profile. If you wish to avoid this type of data transfer, please log-out from social networks before accessing our online store, or change your privacy settings. We advise you to read the privacy policies of each social network you use in order to obtain detailed information about personal information collection and transfer, as well as to know your rights and identify and select the privacy settings most suited to you.

For service efficiency purposes, some of these providers are located in territories outside the European Economic Area and do not offer the same level of data protection. In such cases, we inform you that we take adequate safeguards regarding your data transfer.

VI. What are your rights when providing us your personal data?

Funderwear.pt undertakes to keep your personal data confidential and to ensure that you may exercise your rights. We have determined that you may exercise your rights at no cost, by informing us of the reason for your request and the right that you wish to exercise, by email, to funderwear@funderwear.pt. We may request a copy of an identification document in order to identify you.

Regardless the purpose or legal basis we use to process your data, you have the following rights:

1. To request access to your personal data that we hold. We remind you that in case you are a registered user, you may also consult this information in the corresponding section of your online account;

2. To request us to rectify the personal data that we hold. Remember that if you are a registered user you may also access the relevant personal data section of your online account to change or update your personal data. In any case, please note that on actively making your personal data available to us through any procedure, you guarantee that the encompassed information is true and accurate and you undertake to notify us of any change or modification related to your data. You will be liable for any loss or damage caused to the online store or to the person responsible for the online store or any third party resulting from incorrect, inaccurate or incomplete information in the registration forms. Please remember that, as a general rule, you should only provide us with your own personal data, except if otherwise permitted in this Privacy Policy;

3. To request us to delete your personal data, to the extent that it is no longer necessary for the purpose for which we need to keep processing it, as explained above, or when we are no longer legally permitted to process it;

4. To request us to cancel or limit your data processing, which means that in certain cases you may request us to temporarily suspend the data processing or retain it for a longer period.

If you have given us your consent to process your data for any purpose, you also have the right to withdraw such consent at any time. Some circumstances in which you may withdraw your consent are detailed in section II, where we explain for which purposes we process your data.

When we are legally permitted to process your data due to your consent or for the purposes of a contract, as explained in section III, you will also have the right to request the portability of your personal data. This means that you will have the right to receive the personal data you made available to us in a structured, commonly used and machine-legible format, to be able to transmit it to another entity.

In addition, when the processing of your personal data is based on our legitimate interest, you will also have the right to object to such processing.

We remind you that these rights, like any other, must be exercised in a reasonable manner and in good faith by the holder. If the requests to exercise your rights are manifestly unfounded or excessive — for example, if you request information in an unjustified and repeated way, abuse the right to receive information or provide false or misleading information — Funderwear.pt reserves the right to refuse to comply to your request.

Finally, we inform you that you have the right to make a complaint to the responsible data protection regulatory authority, in particular:

Comissão Nacional de Protecção de Dados (Portuguese National Commission for Data Protection) – CNPD: http://www.cnpd.pt/

VII. What happens if you provide third parties’ personal data?

In the event that you provide us with third parties’ personal data, you confirm that you informed them about the purposes and the manner in which we need to process their personal data.

VIII. Changes to the Privacy Policy

We may change the information set forth in this Privacy Policy when we deem it appropriate. In this case, you will receive a notification through the online store (for example, in the form of a banner or pop), or we may send you a message to your e-mail address whenever the change is significant in relation to your privacy, so that you may review the changes, evaluate them and, if necessary, oppose or cancel some service or feature. In any case, and taking advantage of the fact that you will always find this Privacy Policy as a permanent point of information on our online store, we suggest that you review it from time to time should minor changes be made, or we introduce some interactive improvement.

IX. Cookies Policy

Cookies are small data files that are installed on your computer or any other device you may be using when visiting a website and are used to record information about your browsing to ease the navigation and make it more user-friendly. These files are stored on the user’s terminal, containing anonymous data that do not damage the device. They are used to record users’ preferences, such as the selected language, access data or page customization settings, both during browsing and on future visits.

The web server registers and stores only the information usually registered by the server: the Internet Protocol (IP) address through which the user had access to the Internet; the date and duration of the user’s access to www.funderwear.pt; the Internet address of the website from which the user has accessed www.funderwear.pt.

The information collected at www.funderwear.pt aims to measure the number of visits to the different pages that make up this online store, which will allow Funderwear.pt to make it more useful to its users.

This information is not used by Funderwear.pt to track or collect any personally identifiable information from its visitors, including linking the IP address to the user’s identity, or for any purpose other than those referred to in the previous paragraph.

Occasionally, if we have obtained your prior informed consent, we may use cookies or other similar devices to obtain information that allows us to show you, from our online store, third party websites, or any other means, advertising based on the analysis of your browsing habits.

Pursuant to Law no. 41/2004 of August 18th, the storage of information and the possibility of access to the information stored in a user’s terminal equipment (in particular through cookies) are only carried out by Funderwear.pt if the user has given his prior and express consent to the installation of cookies on his device.

In case of blocking or disabling cookies, no cookies will be stored on your equipment, but the proper functioning of our online store will not be guaranteed and the user might not take full advantage of the available contents. In every new access to the online store, you will always be asked for permission to enable cookies.

The User is entitled to withdraw their consent to this Cookies Policy at any time, by deleting the cookies stored on their computer through the configuration options of the Internet browser.

X. Cookie types and functions

ESSENTIAL COOKIES

These cookies are necessary for the operation and proper functioning of our online store. They allow us to ensure that you have no problem browsing the online store or completing an order.

 

Examples: Google Analytics.

FUNCTIONAL COOKIES

These cookies help us customize your experience in our online store, based on previous session activities. This can include recommended products, delivery methods, sizes, and landing pages.

PERFORMANCE COOKIES

These cookies allow us to know from where you visited our online store, for example, Google, Bing or an affiliate website. We use these cookies for internal information that allow us to see where our customers come from when they visit our online store, as well as to determine if you reached our online store by clicking on an advertising link and to help us reach you with relevant paid advertising through Google, based on your previous activities at our online store. We use the information collected by these cookies to help us determine where our ads will be most effective online.

 

Examples: Google Adwords & Remarketing.

SEGMENTATION COOKIES

These cookies allow us to offer customized ads through Google Display Network and help us deliver ads based on previous visits to our online store.

 

Examples: Google Display Remarketing Cookie.

SOCIAL MEDIA - REMARKETING COOKIES

These cookies allow us to offer customized ads through social platforms, including Facebook and Instagram. The displayed ads are based on your prior activity at the online store, prior purchases, and viewed products.

 

Examples: Facebook Remarketing Ads; Instagram.

This information table will be updated as promptly as possible when the online store’s available services change. However, during such an update the information table may temporarily not display some cookie or other similar instrument, although they will always be instruments with identical purposes to those described in this table.

XI. Changes to the Cookies Privacy

Any change to this Cookies Policy will be duly disclosed through a notice published on the online store. In that case, the user will be asked to declare his explicit acceptance of the updated Cookies Policy.

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