TERMS OF USE AND PROTECTION OF PERSONAL DATA
I - Terms and Conditions
1. GENERAL CONDITIONS AND YOUR ACCEPTANCE
The present General Conditions of Use, hereinafter referred to as “General Conditions”, rule the use of the Internet service: https://benecar.pt, hereafter “website”, which Benecar Automóveis, SA, from now on, “Benecar”, makes available to Internet users. The use of the website gives whoever uses it the condition of user of the website, hereinafter "user", and expresses the full and unreserved acceptance by the user, when accessing the website, of each and every one of the General Conditions published by Benecar.
2. OBJECT
Through the website, Benecar provides users with access to and use of various services and content, which
are made available to users by Benecar or third-party website users and/or third-party service and/or
content providers.
Benecar reserves the right to unilaterally modify, at any time and without
prior notice, the presentation and configuration of the website, as well as the conditions required for
its use.
3. CONDITIONS OF ACCESS TO SERVICES
3.1 Free Character of Services
The provision of the website service by Benecar is free of charge
to users, not requiring the prior registration of the user.
3.2 User Registration
Benecar
reserves some services offered through the website to registered users by filling out a form, which acts
as a user ID
4. CONDITIONS OF USE OF SERVICES
4.1. Obligation to make a proper use of the website
The user undertakes to use the website in
accordance with the law, these General Conditions and the generally accepted moral principles and best
practices.
The user undertakes to refrain from using the website for illicit purposes or effects,
contrary to the provisions of these General Conditions, harmful to the rights and interests of third
parties or that in any way may damage, render useless, overload or deteriorate the website or hamper the
normal use of the website by users.
4.2. Means of obtaining Content
The user shall refrain
from obtaining and attempting to obtain information, messages, graphics, drawings, sound and/or image
files, photographs, recordings, software and, in general, any accessible material through the website,
engaging means or procedures other than those made available to them by Benecar
5. USER RESPONSIBILITY
5.1 The user undertakes to use the content in a diligent, correct and lawful manner and compromises, in
particular, to refrain from:
i ) ) Perform or attempt to perform illegal activities that invade
the rights of Benecar, users of the website https://benecar.pt, other
Internet users or any third party
not previously discriminated;
ii ) Practice continuous and persistent acts of provocation directed at third parties, having
been requested to be interrupted by the targets of the acts or by Benecar;
iii ) Using or
attempting to use an identity other than their own, impersonating or attempting to impersonate any
person or entity including, namely, an official of Benecar, guiding or receiving third parties as if
they were a host or falsely testify or kinship links with third parties;
iv ) Make available,
transmit, send, produce or reproduce any content that they do not have the right to use (including, but
not limited to, confidential information obtained on the basis of your position or job);
v ) Make available, transmit, send, produce or reproduce any content that infringes any patent
registration, trademark, trade secret, or any type of copyright of any person, entity or
institution;
vi ) Make available, transmit, send, produce or reproduce any unsolicited content
including, but not limited to, promotional material, junk mail, spamming, chain letters, pyramid
schemes;
vii ) Providing, transmitting, sending, producing or reproducing, purposefully or
accidentally any material that contains software viruses or any other computer code, files or programs
whose purpose, even if not achieved, is to interrupt, destroy or limit the functionality of any computer
or computer system (hardware or software) or telecommunications equipment;
viii ) Collect, store,
make available, transmit, send, produce or reproduce in any format personal information from third
parties;
The abovementioned activities are absolutely and completely prohibited to the user and are grounds for
immediate partial or definitive, temporary or permanent suspension or termination of the use of the
website, as well as, where applicable, for deletion of any records or files corresponding to the
respective user without any prior notice and with immediate effect.
5.2 Links
Users and,
in general, persons proposing to establish a link that allows access to the website pages from their
website, hereinafter "link", must comply with the following conditions:
i ) The link will only
allow access to the website pages but may not reproduce them in any way;
ii ) Only links to the website homepage will be allowed;
iii ) No browser or border
environment will be created on the website pages
iv ) No false, inaccurate or incorrect
statements or information will be produced on the website pages nor will it be stated or implied that
Benecar has authorized the link or has otherwise supervised or assumed the content or services offered
or made available to the web page in which the link is established
v ) Except for those signs
that are part of the same link, the web page containing the link shall not contain any trademark, trade
name, label of establishment, denomination, logo, slogan or other distinctive signs belonging to
Benecar;
vi ) The web page in which the link is established will not contain illegal information
or content, contrary to the generally accepted morals and best practices and to public order, not
containing content contrary to the rights of third parties. The establishment of links in no way implies
the existence of relations between Benecar and the owner of the web page on which the link is
established, nor does Benecar accept and approve its content or services.
6. BENECAR'S RESPONSIBILITY
The website https://benecar.pt was designed for Benecar, with
information from internal and external
sources, and is made available to visitors in their current state and may contain inaccuracies or
errors.
Benecar is only liable for damages the user may suffer as a result of using the website
when such damages may be attributable to them as a result of their own willful misconduct
Benecar
shall not be liable for damages or losses of any kind whatsoever which may result, as a matter of
enunciation and not limitation, from:
i)
Interferences, omissions, interruptions, computer viruses, telephone malfunctions and/or disconnections
of the electronic system's operational functioning, in the contents or services provided by third
parties, due to causes unrelated to Benecar, which may determine the lack of availability or continuity
in the functioning of the website, or make changes to the computer system, electronic documents or user
files;
ii) Delays or blockages in the use caused by internet deficiencies or overloads or in
other electronic systems, namely, failure to access web pages of the website or its associated services;
(iii) Acting by third parties through unlawful interference outside the control of the website
and not attributable to Benecar, including interference caused by the knowledge that unauthorized third
parties may have of the conditions, characteristics and circumstances of the users’ use of the
website;
iv) Differences of information, documentation and/or other content of the website, which
may exist between the electronic version and the printed version, as well as defrauding the expectation
of usefulness that the users might have attributed to the website;
v) Lack of truth,
completeness, timeliness and accuracy of the content, data or information of any nature, including those
relating to offers, products or services, prices, features and any other relevant data and information
relating to products and services offered through the website by third party providers of products or
services, nor regarding the content, data or information that is provided from the web pages of such
third parties;
vi) Transmission, dissemination, storage, making available, receiving, obtaining
or accessing the contents;
vii) Possible security errors or deficiencies that may arise from the
use, by the user, of a browser of an outdated or insecure version, as well as the activation of user
password or identification codes retention devices in the browser, or for damage, errors or inaccuracies
that may result from its malfunction;
viii)
Functioning, availability and accessibility of the websites to which it refers through links, continuity
of information, content and existent services on those websites, quality, lawfulness, reliability and
usefulness of the information, content and services on those websites.
7. INTELLECTUAL AND INDUSTRIAL PROPERTY
All contents of this website (including, but not limited to text, graphics, logos, icons, databases,
images, text files, audio, video and software) are property of Benecar, Group companies to which Benecar
belongs, customers or suppliers or content providers, and are protected by the national and
international industrial and intellectual property standards.
The compilation (understood as such the recompilation, sorting and assembly) of all content on
the website is exclusive property of Benecar and is protected by the national and international
industrial and intellectual property standards. All software used on the website is property of Benecar,
Group companies to which Benecar belongs or its software suppliers and is protected by the national and
international industrial and intellectual property laws.
Reproduction, alteration, copying, use, distribution, marketing, public communication or any
other use of the information contained on the website (including its own design, configuration and
presentation of the website) that is performed without permission of Benecar constitutes an infringement
of current legislation on intellectual property matter.
Under no circumstances shall it be understood that a license is granted or waived, transmitted
or assigned, in whole or in part, the aforementioned rights without the express prior permission of
Benecar or its holders.
On the other hand, in no case shall it be understood that no rights are conferred, and, in
particular, no rights to alter, exploit, reproduce, distribute or publicly communicate such contents
without the express prior permission of Benecar or its holders.
8. PERSONAL DATA
In order to use some of the services, users are required to provide Benecar with certain personal data in advance (“Personal Data”), such as name, location, email and telephone contact. This personal data will be used internally for business purposes, namely to respond to requests for information via telephone/email, sending postal/electronic newsletters, sending SMS, among other communication tools.
9. COOKIES
Benecar informs that it will send to the hard disk of the computer of the user files, "Cookies", which
will record the activities of the user on the visited page, to collect information on the number of
users, the most sought-after areas, as well as the habits of user consumption.
Users will be able to configure their computer so that it will reject the installation on it of
the referred "Cookies". Benecar will not use any information gathering technology to retrieve existent
information from the user’s computer equipment.
10. LINKS TO THIRD PARTY WEBSITES
The https://benecar.pt website provides links to third party websites that may be of interest to users. In this case, https://benecar.pt has no control whatsoever or responsibility over the availability or content of such websites. It is the responsibility of users to be aware of the privacy policy and terms and conditions of use of third-party websites.
11. MATERIAL AND SOFTWARE COPYRIGHT
All information, content, software and materials included on the website and/or the Services are protected by copyright and intellectual and industrial property laws and other property rights. Users may not copy or distribute these materials without the consent of the owner of those rights. Users may use these materials for personal use, provided that they do not modify the materials and do not delete copyright and other applicable property rights information, assuming full responsibility for the use and storage of the information they receive.
12. SYSTEM ATTACKS
Users may not, even in a merely attempted manner, attack the network or systems of Benecar or third parties by means that include, but are not limited to, mail bombing, hacking, obtaining root access, tsunami, flood bots, nuke, flash, packet sniffers and flood pings or other kinds of activities that cause any damage to Benecar or third parties.
13. DURATION AND TERMINATION
The provision of the website will, at first, have an indefinite duration. Benecar may terminate or suspend the provision of the website at any time. Whenever possible, Benecar will notify the termination or suspension of the provision of the website.
14. APPLICABLE LAW AND JURISDICTION
These general conditions are governed by the Portuguese law.
For the resolution of any conflicts arising from the provision of services object of these
General Conditions, the district court of Leiria shall be competent, with express waiver of any other.
II - PROTECTION OF PERSONAL DATA
INFORMATION NOTE IN COMPLIANCE WITH THE LAW No. 67/98 OF OCTOBER 26TH, PERSONAL DATA PROTECTION LAW
1.CONSENT, PURPOSE AND PROCEDURE FOR THE PROCESSING OF PERSONAL DATA.
By accessing the Benecar Automóveis SA Website, the user voluntarily provides personal data and gives
their express consent to Benecar Automóveis SA to:
- Enter the data provided by you in a file and treat them in order to:
a) Render the previously selected and indicated services (hereinafter referred to as the
“Service”), as well as allowing Benecar Automóveis SA to conduct inquiries relating to such
services;
b) Providing commercial and/or promotional information, as well as sending advertising
material, participating in direct selling activities or interactive business communications related to
Benecar Automóveis SA products, services or other activities, as well as conducting market
research;
c) Study and analyze your behavioral profile, habits and
consumer preferences in the automotive industry in order to improve the services offered by Benecar
Automóveis SA;
2. CONSEQUENCES OF FAILURE TO COMMUNICATE DATA
The communication of your personal data is optional and voluntary. Yet, without the mandatory fields (asterisk-marked) it will not be possible for us to provide the requested service(s) and identify you correctly. Without the other data, those not marked as mandatory, the requested service can be provided.
3. THIRD PARTIES THAT MIGHT BE ABLE TO ACCESS TO YOUR DATA
Your personal data might be taken care of by Benecar Automóveis Sa and/or other entities, acting on behalf of Benecar Automóveis Sa as responsible for the treatment, in conformity with specific contractual obligations. These other entities may be located in the Member States of the European Union or in countries outside the European Union within the limits set by the law.
4. THE RESPONSIBLE ENTITY FOR THE TREATMENT
The treatment responsible entity is Benecar Automóveis Sa.
5. YOUR RIGHTS
You have the right to access your personal data, to amend it, erase it, or reject their use, as well as to revoke your consent to the use of your data for commercial or marketing purposes. You can exercise your rights by writing to Benecar Automóveis Sa, Edifício Benecar, Apartado 210, Moita do Gavião, 2476-901 Benedita.
ABOUT THIS PRIVACY POLICY
Benecar Automóveis Sa, hereinafter referred to as Benecar, respects your preferences in what concerns the collection and use of your Personal Data.
“Personal Data” refers to the information concerning an identified or identifiable singular person (“Data Holder"). It is considered as identifiable a singular person who can be, directly or indirectly, identified in particular by reference to an identifier, such as a name, identification number, location data, electronic identifiers, or to one or more specific elements of the physical, physiological, genetic, mental, economic, cultural, or social identity of that singular person.
Benecar respects your preferences regarding the treatment of Personal Data that it collects. This Policy (“Policy”) allows you to know how Benecar collects and uses your Personal Data, how you can control their use and it describes our practices regarding information collected on other websites of the Group that connect or refer to this Policy (such as websites, software applications, social media and electronic messages), as well as, offline marketing and sales activities (collectively, “Communication Channels”).
Communication Channels may provide links to other platforms non-belonging to the Benecar universe. We encourage you to check the privacy policies of these websites, services, social media or applications before providing your Personal Data.
WHAT INFORMATION DO WE COLLECT ABOUT YOU?
We collect information about you when you register on our website or place a request for the acquisition of products or services, as, in order to use some services, it is asked for users to previously provide Benecar with certain personal data, such as name, location, e-mail and phone contact. This personal data will be used internally for commercial purposes, namely forresponses to information requests via phone/e-mail, postal/electronic (newsletters) mail, sending SMS’s, among other communication tools.
We ask you not to send or share with Benecar any sensitive personal information such as racial or ethnic origin, political opinions, religious or philosophical convictions, or union membership, as well as genetic data, biometric data, health data or data regarding sexual life or sexual orientation.
The website’s use information is collected using cookies, but they do not specifically identify you, being or possibly being collected the following data:
IP address.
Geographical location.
Information about the device that is accessing the website, namely, browser type and version, Operating System, screen resolution, preferred language, information contained in HTTP headers and agent version.
The search engine you used to locate and access the website.
Date and uptime on the website, as well as web pages and visited and clicked content.
We underline that this use information does not deliberately identify you and, if it exceptionally does, it will be immediately anonymized.
By giving information, you are giving your informed and unequivocal consent that you allow to the treatment of data that pertains to you automatedly.
Object, Nature and purpose of data treatment: Clients' personal data collection for access to Benecar business information, Marketing and Advertising Campaigns to be carried out to give knowledge of information to new products and promotions by Benecar, and data management for eventual future contractual relationship between Benecar and its Clients. Duration of data treatment: sixty months.
The communication of your personal data is optional and voluntary. Yet, without the mandatory fields (asterisk-marked) it will not be possible for us to provide the requested service(s) and correctly identify you, and the lack of or inexact given responses may compromise the service provided. Without the remaining data, those not marked as mandatory, the requested service(s) can be provided.
IN WHAT WAY DO WE USE THE INFORMATION ABOUT YOU?
The collected data is used to process your order, manage your account and, if you agree, send you email information about other products and services that we think are of interest to you.
We use the information gathered from the website to customize your upcoming visits. If you agree we will send your personal information to the various Benecar companies so that they can offer you their products and services.
Benecar does not share your information for marketing campaigns with non-group-belonging companies or transfers your Personal Data to a third country.
Although the provided information is generally treated as private at Benecar, the collected data will be used in compliance with the personal data protection regulation, throughout the treatment process; it may, however, be necessary to privately transfer Personal Data to other organs, namely, the judiciary, and, by processing your request, we can send your data to and, also, use information from credit agencies and fraud prevention.
You have the right to file a claim to a European Union Control Authority regarding the protection of your Personal Data. Benecar will cooperate with the Control Authority by providing them with all the information that is requested in the exercise of their competences.
The information gathered on this site involves automated decision making, including the definition of profiles. Comparisons, interconnections or any other way to interrelate the recorded information are made.
In this regard, by accessing Benecar's website, the user willingly provides personal data and gives its express consent to Benecar to:
– Insert the data given by you in a file and treat them in order to:
a) Provide the previously related and indicated services, hereafter referred to as the “service” as well as allowing Benecar to conduct surveys related to said services;
b) Provide business and/or promotional information, as well as sending advertising material by participating in direct selling activities or interactive commercial communications related to Benecar's products, services or other activities, as well as conducting market studies;
c) Study and analyse your behaviour profile, habits, and consumption preferences in the automotive industry in order to improve the services offered by Benecar. Your data will be treated on paper, in telematics or electronic format, and, in particular, through postal or electronic mail, phone (including automated telephone calls, SMS, MMS, etc.), fax and any other electronic channels (for instance, websites, mobile applications).
d) When required by law or to respond to the legal process; to protect our clients; to protect lives; to maintain the safety of our services; and to protect property rights or Benecar.
Your data will be processed on paper, in telematic or electronic format and, in particular,
by postal or electronic mail, telephone (including automated telephone calls, SMS, MMS, etc.), fax and
any other electronic channel (for instance, websites, mobile apps).
Because your data may circulate on an open network it risks being viewed and used by
unauthorized third
parties.
Benecar only accepts registrations from users of at least 16 years old. Benecar’s Communication
Channels
are not intended for underaged users. If you are aware of any registration made by a minor, please let
us know so in order to promptly remove the registration.
Recipients or recipient categories of your Personal Data, depending on the contact tool you use,
are the
Sales, Marketing, IT, Workshop, Internal Audit, Call Center and Administration departments. We will
share your personal data with your consent or, as necessary, to complete any transaction or provide any
service you have requested. We also share the data with Benecar-controlled affiliates and subsidiaries;
with salespeople who work on our behalf; when required by law or to respond to legal process; to protect
our customers; to protect lives; to maintain the security of our services; and to protect property
rights or Benecar.
ACCESS AND CORRECTION OF YOUR INFORMATION
We want to be sure of the accuracy and reliability of the information we hold about you.
We rely on the user to provide us with accurate and complete information and to proceed to
updating data regarding any changes to the provided information.
The user has the right to remove their consent at any time, without compromising the lawfulness
of the treatment based on the previously given consent and the right to request Benecar access to the
Personal Data concerning them, as well as its rectification or its deletion, and the limitation of
processing regarding the user, or the right to object to the processing, as well as the right to data
portability.
The necessary Personal Data for the performance of the contract to which the user is party, for
the fulfillment of the legal obligations to which the Controller is subject and those necessary for the
purposes of the legitimate interests pursued by Benecar are not included in the previous paragraph.
Notwithstanding any legal or regulatory provisions to the contrary, the Personal Data will be
retained only for the minimum necessary period for the purposes that led to its collection or its
further processing after which it is deleted or, if it is in Benecar's interest, processed for
statistical purposes, anonymized, unable to identify its Holder.
The further processing of Personal Data for a purpose other than that for which the data has
been collected lacks consent. Prior to such processing, the Controller shall provide the Data Holder
with information about this purpose and any other pertinent information.
You have the right to request a copy of the information we have about you. If you would like to
request a partial or total copy of your information held by Benecar, please email us at DPO@BENECAR.PT
or write to us at Edifício Benecar, Apartado 210, Moita do Gavião, 2475-901 Benedita, Potugal.
If the requests submitted by the user are manifestly unfounded or excessive, namely because of
their repetitive nature, Benecar may, under the applicable legal framework, require a reasonable fee to
be paid taking into account the administrative costs of providing the information or communication, or
of taking the requested action or refuse to comply with the request.
COOKIES
These are small text files stored on your computer which collect information about your device and
information about your user experience. This information is used to record the number of visits made and
to compile statistical information about the website’s activity.
Types of Cookies depending on the entity that manages them:
- Own Cookies: a Cookie managed by this domain/website.
- Third party Cookies: a Cookie managed by another domain/website.
- Persistent Cookies: the Cookie information is permanently stored on your device.
- Session Cookies: the Cookie information is not permanently stored on your device.
Types of Cookies depending on their purpose:
- Technical Cookies: are the ones that allow the navigation through a domain/website using different options or services, such as identifying the session, accessing restricted access areas and carrying out the process of a purchase order.
- Customized Cookies: are the ones that allow accessing the domain/website with some predefined features based on a set of decisions made, such as the used language.
- Analysis Cookies: are the ones that allow the monitoring and analysis of the behavior of users of websites to which they are linked. The information collected through such cookies is used, for example, to measure the activity of the websites and to elaborate browsing profiles.
- Advertising Cookies: are the ones that allow the most efficient management of advertising spaces based on criteria such as edited content or how often adverts are displayed.
- Behavioral advertising Cookies: are the ones that allow the management of advertising spaces as effectively as possible. These Cookies store information about user behavior obtained through continuous observation of their browsing habits, allowing them to develop a specific profile to display adverts based on this.
Cookie related information is controlled and accessed by the website owner.
Cookies used by Benecar:
(…inserir tabela cookies – ver com o João e com o Canadas)
Benecar newsletters may, for statistical purposes, contain a single pixel that lets know if they are open and check the clicks through links within each newsletter.
The user always has the possibility to DISABLE the sending of the newsletter or, alternatively, by sending a letter through the postal address Edifício Benecar, Apartado 210, Moita do Gavião, 2475-901 Benedita, Portugal or by sending an email to DPO@BENECAR.PT.
According to the aforementioned information, as a user, you are expressly consenting to the use of the mentioned Cookies for the predicted purposes for each one of them.
Specific information about Google Analytics third-party Cookies can be obtained from the web address: HTTPS://DEVELOPERS.GOOGLE.COM/ANALYTICS/DEVGUIDES/COLLECTION/ANALYTICSJS/COOKIE-USAGE and the AddThis service through the web address HTTP://WWW.ADDTHIS.COM/PRIVACY
We are not responsible for the content and accuracy of the previously mentioned third parties’ terms and conditions of use, privacy policies and Cookie policies.
For more information visit WWW.ABOUTCOOKIES.ORG or WWW.ALLABOUTCOOKIES.ORG.
You may set your browser not to accept Cookies and the abovementioned websites explain how you can remove them. However, not accepting Cookies may result in the incorrect execution of some features of the website.
None of the used Cookies are essential for the use of the website, for a particular functionality or for improving website performance.
Benecar's use of Cookies has the goals to analyze website usage and to enable you to have a smooth browsing experience; at no time do we collect Personal Data through Cookies.
Cookies will not be used for any purpose other than those mentioned in the previous point.
OTHER WEBSITES
This website contains links to other websites. This privacy statement applies only to this website. You should read the privacy policies of the other websites.
SECURITY
Benecar applies appropriate technical and organizational measures to ensure an adequate level of
security to the risk of keeping Personal Data on file and while transmitting it.
Benecar has a computer system capable of resisting, with a certain level of confidence,
accidental
events or malicious or unlawful actions that compromise the availability, authenticity, integrity
and confidentiality of retained or transmitted Personal Data, as well as the security of connected
services offered or accessible through these networks and systems.
CONTACTS
The Controller of this website is Benecar and may be reached through the postal address Edifício Benecar, Apartado 210, Moita do Gavião, 2475-901 Benedita, Portugal or alternatively through the email DPO@BENECAR.PT.
The Data Protection Officer (DPO) may be contacted at the Controller 's postal address, or alternatively, at DPO@BENECAR.PT.
f you believe Benecar has not adhered to this statement, have a question about our privacy policy or the information we have about you, please contact us in neste formulário. We will answer questions within 30 days.
CHANGES TO THIS PRIVACY STATEMENT
Our privacy policies are regularly reviewed and all changes will be posted on this website. The latest update is 16th November, 2020.
