Privacy Policy

PRIVACY POLICY

We know that you care about your personal data and how it is used. We want you to trust CLASH to collect and process your personal data, and thus be able to provide you with a more complete and personalized service. This Privacy Policy will help you understand what personal data we collect, why we collect it and what we do with it. Please take a moment to learn about our privacy practices. If you have any questions, contact us via email through support@clashfragrances.com, or through the postal address Rua José Pereira, nº 10, urb. Quinta do Segulim, 1685-635 Famões. We have tried to keep this Privacy Policy as simple as possible, but if you are not familiar with any of the terms used or have any questions, please do not hesitate to contact CLASH for further clarification.

WHO COLLECTS YOUR PERSONAL DATA AND WHO IS RESPONSIBLE FOR PROCESSING IT?

CLASH is a brand explored by the company DAMAGO – LDA., a company that is dedicated to the trade of perfumes and accessories, and that through CLASH has developed a concept that translates into a set of perfumery stores and some pieces for adults, manufactured with selected high quality materials. The handling of any personal data collected by CLASH is the responsibility of the company DAMAGO – LDA., a limited liability company, legal person no. 513000984, headquartered at Avenida Engenheiro Duarte Pacheco 19 – 5C, 1070-101 Lisboa.

HOW DO WE COLLECT YOUR PERSONAL DATA AND WHAT TYPE OF DATA DO WE COLLECT?

Please note that you are not obliged to provide CLASH with your personal data that it may request (you may, as such, exercise your right to object at all times), but if you choose not to do so, we may not be able to make our products or services available to you – namely, this may prevent the processing of your order or the provision of other services available on the website, such as the use of the Wish List -, or answer any questions you may have. CLASH can collect your personal data in different ways, namely when you subscribe to our newsletter, fill in your customer or supplier form, register an account to buy our products, make a purchase, request a return, communicate with our team customer service, make a reservation or request an arrangement. In these actions, we may request some of your personal data, such as your name, date of birth, billing address / address, district, country, email address, telephone number, tax identification number, credit card details. For the purposes of direct or online marketing, CLASH may also request other personal data, such as your gender. In order to provide our users with greater speed and personalization of the services provided by CLASH, you can use a “browser” feature called “cookies”, which will allow CLASH to customize its products, services and website according to your needs and interests, allowing you to streamline your future activities and your experience on the CLASH website. In this way, data related to the IP address, device ID, location data, computer and connection information such as browser type and version, time zone settings, types and versions of plug-ins used by the user, operating system and purchase history can be collected. During part of your navigation on the CLASH website, we may also use software tools to measure and collect information about the session, including page response times, download errors, duration of visits to certain pages, information regarding your interaction with them, and the methods used to get out of them. We may also collect technical information to help us identify your device for fraud prevention and diagnosis purposes. In addition, CLASH also processes your personal data through automated means. An automated decision is a decision made exclusively by automatic means, where no human is involved in the decision process involving your personal data. For example, CLASH processes your personal data using automated means only when necessary for entering data or performing a contract with you, or when you have given us your explicit consent. We will not make decisions based solely on automated decisions that have a significant impact on you. If we do, we will notify you and provide you with clear information about our decision to rely on automated processing to make our decisions and our legal basis for doing so. Certain categories of personal data, such as those that reveal racial or ethnic origin, political opinions, religious or philosophical beliefs, or union membership, genetic data, biometric data to unambiguously identify a person, health or sexual life or sexual orientation data are classified as “special categories of personal data” and benefit from additional protection under the terms of the General Data Protection Regulation (“ GDPR ”). CLASH limits as much as possible the circumstances in which it collects and processes these special categories of data, only doing so when it has given its consent to this.

FOR WHAT PURPOSES AND ON WHAT BASIS ARE YOUR PERSONAL DATA PROCESSED?

Your personal data is collected and processed within the scope of the services provided by CLASH on its website and its network of stores. In particular, we collect and process your personal data to:

Process your payments, if you purchase our products, to allow you to access the status of your order, deal with your questions and requests, and evaluate and deal with any complaints;

To process and respond to your requests or to contact you to answer your questions and / or requests;

To develop and improve our products, services, communication methods and the functionality of our websites;

For the purposes of contests or promotions in which you have participated;

To communicate information to you via email, SMS and other equivalent forms of electronic communication, and to manage your registration and / or subscription to our newsletter or other communications;

To manage our daily business needs regarding your participation in our contests, sweepstakes or promotional activities;

To authenticate the identity of individuals who contact us by telephone, electronic or other means;

For information and quality assurance purposes;

To understand and assess consumers’ interests, desires, and changing needs, to improve our website, our current products and services, and / or to develop new products and services; and

To provide you with personalized products and communications, as well as targeted advertising and product recommendations.

We also proceed to the definition of profiles through the analysis of information about your online browsing, research and shopping habits, through the construction of segments (creation of groups that share common characteristics) and placement of your personal data in one or more of these segments, provided that you have given us your consent, for example, by accepting the placement of cookies in your internet browser or subscribing to the receipt of CLASH newsletters in your email, or the receipt of SMS or other equivalent form of electronic communication. You can withdraw your consent at any time to prevent the use of your personal data in this way, or even cancel the subscription to use your email address or mobile phone number, if you have registered on one of our websites or subscribed to an advertising newsletter, or registered as a store customer. In order to provide a service as complete as possible to its customers, CLASH maintains partnerships with third party external service providers that perform functions on behalf of CLASH, such as companies that host or operate the CLASH website, process payments, analyze data, provide customer services, postal or delivery services, and sponsors or other third parties who participate or manage our promotions, so that your personal data may be used and / or processed by those third parties for purposes strictly linked to the services provided on the website. Access to your personal data by third parties is limited, being carried out solely to satisfy an order, make a payment, process a delivery, or support the customer. In addition, these third parties must process your personal data in accordance with this Privacy Policy and in accordance with applicable law. Your personal data may also be used by CLASH for internal reasons, mainly for commercial and operational purposes. As we continue to develop our business, we may sell or acquire assets, subsidiaries or business units. In this type of transaction, your personal data is generally one of the commercial assets transferred, but remains subject to the guarantees provided in any pre-existing Privacy Policy (except, of course, if you have consented otherwise). If another entity acquires us, our business, all or a substantial part of our assets, or assets related to the CLASH website, your personal data will be disclosed to that same entity as part of the legal audit process and will be transferred to that entity as one of the transferred assets. In addition, if any insolvency or reorganization proceeds or is imposed on us, all your personal data will be considered as an asset that belongs to us and, as such, it is possible that they will be sold or transferred to third parties. When we collect and process your personal data for the purposes described above or for other purposes, we inform you in advance or at the time of collection, in order to obtain your consent when necessary to legitimize the processing of your data. However, there may be some cases in which it is not your consent that legitimizes the processing of your personal data, but one of the following grounds:

When processing is necessary to conclude a contract with you or proceed with its execution (as will be the case with data processing for the purposes related to the processing of an order);

When treatment is necessary to comply with the legal obligations to which CLASH is subject;

When processing is necessary to achieve a legitimate interest pursued by CLASH, which does not jeopardize its fundamental interests, rights and freedoms that require the protection of personal data – this legal basis will only be used where there is no less intrusive way of dealing your personal data. We can assure you that if the legitimate interest is used as a reason to process your personal data, we will keep a record of that action and you will have the right to request that information;

When treatment is necessary for the purposes of declaring, exercising or defending a right in a judicial proceeding.

If the user provides CLASH personal data of third parties without their consent, they will be solely responsible for any illegal and improper use of such data.

HOW DO WE KEEP YOUR PERSONAL DATA SAFE?

CLASH takes all possible measures to ensure the confidentiality and security of your personal data, carrying out all efforts and security measures to protect your personal data from misuse, interference, loss, unauthorized access, modification or disclosure. In particular, the entire selection and payment method to be used and the introduction of the data inherent to the payment process for your orders is duly protected, with all information encrypted and managed with advanced security tools. Our measures include the implementation of appropriate access controls, to ensure that we encrypt, pseudonymise and anonymize personal data whenever possible. Access to your personal data is only allowed under the terms already described above, always depending on the actual need for your knowledge, and subject to strict contractual confidentiality obligations when processed by third parties. Although data transmission over the internet or website cannot guarantee total security against intrusions, CLASH and its service providers provide the best efforts to implement and maintain physical, electronic and procedural security measures designed to protect your personal data in compliance with applicable data protection requirements.

HOW LONG DO WE KEEP YOUR PERSONAL DATA?

CLASH will retain your data only for as long as is necessary for the purpose for which it was collected. In the case of personal data collected in the context of sales without registration, online sales, and shipment of orders, we will keep the data related to your purchase, so that we can comply with the specific contract you entered into, after which we will keep your personal data for a period of ten (10) years, so that we can deal with or respond to any complaints, questions or concerns regarding the purchase. Likewise, in cases of direct and online marketing and arrangements and reservations, we will keep your personal data for a period of 2 (two) years after inactivity, in order to continue to improve your experience with us, respond to any complaints, questions or concerns related to the contracted services and for any reasons that justify it, namely the execution of a contract with you, always taking into account your best interests. We keep the identifiable data that we collect directly for specific purposes, for the minimum possible time, after which we will take steps to permanently delete it. CLASH takes all possible measures to ensure the confidentiality and security of your personal data, carrying out all efforts and security measures to protect your personal data from misuse, interference, loss, unauthorized access, modification or disclosure.

WHO IS YOUR DATA SHARED WITH?

As already mentioned in Point 2 of this Privacy Policy, your personal data may be shared with third party external service providers that perform functions on behalf of CLASH, such as companies that host or operate the CLASH website, process payments, analyze data, provide customer services, postal or delivery services, and sponsors or other third parties who participate or manage CLASH promotions. In this context, your personal data may be shared with the following companies: Egoi, PHC, Hey-Digital, Usendit, Chronopost, CTT, as well as other service providers that we may turn to in the future.

INTERNATIONAL DATA TRANSFERS

CLASH shares personal data internally or with third parties for the purposes described in this Privacy Policy. CLASH will only send personal data collected within the European Economic Area (EEA) to foreign countries in cases where this is necessary to follow your instructions, to comply with a legal duty, or to work with agents and consultants who help us to manage our business and services. If you transfer personal data outside the EEA, CLASH will ensure that they are protected in the same way as if they were being used in the EEA. For this purpose, we will use one of the following safeguards: Transfer to a non-EEA country whose privacy legislation ensures an adequate level of protection of personal data similar to those existing in the EEA; Implementation of a contract with the foreign entity that requires it to protect personal data according to the same standards used in the EEA; Transfer of personal data to organizations with specific international data transfer agreements with the European Union (for example, Privacy Shield, a framework that sets privacy standards for data shared between the United States and European countries).

WHAT ARE YOUR RIGHTS?

As the holder of your personal data, you are guaranteed a set of rights in relation to your personal data and the way they are treated, which are the right to object (that is, the right to object at any time, for reasons related to your particular situation, to the processing of personal data concerning you, under the terms of the GDPR), the right to information (that is, the right to be given concise, transparent, understandable and easily accessible information, using a clear and simple language, about the way we use your personal data and your rights), the right of access (that is, the right to access your personal data at all times), the right of rectification (that is, the right to rectify inaccurate personal data concerning you, or to complete them if they prove incomplete), the right of limitation (under certain conditions, the data subject has the right to limit the processing of his personal data), the right to erase (under certain conditions, the data subject has the right to have the data controller erase their personal data, without justified delay), and the right to portability of their personal data (that is, the right to receive personal data that concerns you and that you have provided, in a structured format, in common use and automatic reading, as well as the right to transmit that data to another controller, under certain conditions). The holder of personal data is also entitled to submit a complaint to the supervisory authority (National Data Protection Commission | Rua de São Bento, no. 148 – 3.º, 1200-821 Lisboa | Tel .: +351 213928400 | Fax: +351 213976832 | email: geral@cnpd.pt) about the way we treat your personal data, the right to withdraw your consent (in which case, withdrawing consent does not compromise the lawfulness of the treatment carried out based on in the consent previously given), as well as the right not to be subject to decisions based solely on automated processes that produce legal effects or other significant effects. The aforementioned rights can be exercised at all times by means of a communication directed to DAMAGO – LDA., to the contacts indicated in this Privacy Policy.

CLASH CONTACT DETAILS

If you have any questions about this Privacy Policy or about the treatment and use we make of your personal data, or wish to make a complaint about a possible violation of privacy laws, please contact the data controller via email through support@clashfragrances.com, or through the postal address Rua José Pereira, nº 10, urb. Quinta do Segulim, 1685-635 Famões. CLASH will update its Privacy Policy whenever necessary to reflect consumer feedback, changes to our products and services, as well as, of course, comply with all legally required requirements. If such changes imply a significant modification of this Privacy Policy, the data subjects will be duly notified, and their consent requested whenever necessary. In addition to this Privacy Policy, there may be specific campaigns or promotions that will be governed by additional privacy terms or notices. We encourage you to please read these additional terms or notices prior to participating in such campaigns or promotions as you will be required to comply with them if you wish to participate. Any additional privacy terms or notices will be at your disposal, and will be in compliance with the legislation in force. Your satisfaction is very important to us. As such, do not hesitate to contact us about any question you may have, through the indicated contacts.