Privacy Policy

I – Privacy and Protection of Personal Data

The privacy and protection of the personal data of all IAPs, users of the services provided by TKA, clients, suppliers, employees and any other persons whose personal data may arise in the course of an assessment process, be they owners, tenants, designers, other service providers, etc. (the “Data Subjects”), at any given time, is an essential aspect of the way in which TKA operates and organizes itself. TKA therefore aims to ensure that all its Data Subjects are aware, at all times, of the rules and principles relating to the protection and processing of personal data, making every possible effort to ensure the security of this data, in accordance with the rules and procedures defined in the applicable legislation, namely the Personal Data Protection Act (Act no. 67/98, October 26).

In this way, the company adopts the best technical and organizational practices to protect the personal data of Data Subjects against loss, involuntary or unlawful deletion and undue alteration, as well as against breaches of integrity, unauthorized access or disclosure.
On the TKA portal you may find links to other portals that are unrelated to our company.
These links are provided in good faith and TKA cannot be held responsible for the collection and processing of personal data on these portals, nor can it be held responsible for the accuracy, credibility and functionality of portals belonging to third parties. Therefore, the provision of links to other portals outside of TKA does not imply any assumption of responsibility in relation to them, and consequently this Privacy Policy does not apply to them.

TKA also recommends that its Data Subjects adopt additional security measures, including keeping equipment and programs properly updated and configured, using protection against malicious software and firewalls and not browsing portals for which they do not have the necessary guarantees of authenticity. You are advised to carefully read this Privacy Policy, the Acceptable Use Policy (AUP), the General Conditions for the Provision of Services, as well as the Terms and Conditions of each of the services provided by the company.

This Privacy Policy may be changed or revised at any time, and any changes or revisions will be duly disclosed and communicated on the TKA portal.

II – What is Personal Data?

Personal data is information of any nature and regardless of its medium, including sound and image, relating to an identified or identifiable natural person. An identifiable person is one who can be identified directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his or her physical, physiological, mental, economic, cultural or social identity.

III – Processing Purposes and Legal Basis

The data processed by TKA is collected as part of its contracting activities, the provision of vehicles, the provision of services and the supply of services and goods.

This data may include identification data, numbers and validity of identification documents, criminal records, quality and capacity in which they act, signatures, names, e-mail addresses, telephone numbers, addresses and functions.

Within the scope of the business and contractual relationships it establishes, TKA may carry out different actions involving the processing of personal data, for the following purposes, among others that are legally permissible:

1. Administrative, commercial, tax and accounting or billing management
2. Complaints/suggestions management;
3. Sending relevant information required by the counterparty in a business relationship, including information on modifications to contracts, products or contracted services;
4. Projecting new supplies or services related to previous ones;
5. Carrying out statistical studies to improve the supplies or services provided;
6. Sending information on new products or services similar to those previously contracted or which may be of interest, by any means including electronic, even after the business relationship with the counterparty has ended;
7. Complying with legal obligations to maintain and keep documents that fall to TKA;
8. Disclosure and invitation to initiatives, conferences and other events related to TKA’s activity, in which Data Subjects may have an interest, based on the previously existing contractual relationship with TKA.

By accepting the business/contractual relationship, Data Subjects consent to the processing of their data for the purposes described, without prejudice to any rights they may have.

This data will always be processed with the prior consent of the Data Subject, except in cases where there is a legal obligation for TKA to do so.

V – Responsible for the Collection and Processing of Personal Data

TKA is responsible for collecting and processing the personal data of Data Subjects, under the terms of Article 3(d) of Law no. 67/98, of October 26, and it is up to TKA to decide, in the context of the service provision relationship established with the Data Subject, which personal data is collected, the means of processing the data and the purposes for which it is used.

VI – Liability for data communicated to third parties

In the course of its business and within the scope of the Services it provides, TKA may subcontract third parties for the purposes mentioned above and for the development and management of its IT systems, which may imply access by these entities to the personal data of its Data Subjects. When this happens, TKA takes the appropriate measures to ensure that the entities that will have access to the data offer the highest technical, organizational and human guarantees at this level.

Third parties subcontracted by TKA will therefore be obliged, under the terms of the law and the agreement signed with TKA, to implement appropriate technical and organizational measures to protect personal data against accidental or unlawful destruction, dissemination, alteration, disclosure, unauthorized access and any other form of unlawful processing, as well as being bound by special duties of professional secrecy and confidentiality.

Outside of these cases, TKA will only transmit the personal data of its Data Subjects to third parties when:

1. it is obliged to do so by virtue of a legal provision and only to the strict extent of its obligations or,
2. in cases where the law expressly allows it, if the Data Subject expressly and specifically authorizes such transmission and is duly informed, in writing, of the recipients of the personal data and the purposes of the data transmitted.

In any case, TKA remains responsible for the personal data provided by Data Subjects.

The provision of certain services by TKA may involve the transfer of your personal data outside Portugal. In such cases, the company declares that it will strictly comply with the determination of the suitability of the country of destination of the information with regard to the protection of personal data and the requirements applicable to such transfers, under the terms of the law.

VII – Personal Data Collection Conditions

TKA only collects and processes the personal data of Data Subjects with their express consent, in accordance with each of the specific purposes of the processing in question, under the terms of the Personal Data Protection Act. Data Subjects may withdraw their consent at any time, free of charge.

Data Subjects are also aware that in the last resort they can always exercise their rights in relation to the processing of personal data by TKA, before the National Data Protection Commission (CNPD).

However, there is personal data that is indispensable for TKA to provide the Services (mandatory data), and Data Subjects are duly informed in advance of this need and the consequences of not providing this data. If the personal data considered indispensable is not provided by the Data Subjects or is insufficient, incorrect or out of date, TKA will not be able to provide the Service(s) subscribed to, in which case the Data Subjects will assume full and exclusive responsibility for the insufficiency or incorrectness of the data transmitted.

VIII – Personal Data Retention Period

TKA will only keep the Data Subjects’ personal data for the period of time strictly necessary to enable:

1. the provision of the Service(s);
2. compliance with the legal obligations to which TKA is subject;
3. the pursuit of the collection and/or processing purposes
4. the exercise of the Data Subjects’ rights and the fulfillment of the corresponding obligations.

In cases where the National Commission for the Protection of Personal Data (CNPD) authorizes the retention of Data Subjects’ personal data for periods longer than the duration of the service contract, given the specific purpose of the processing in question, the Data Subject will be duly informed in good time of this purpose and of the retention period in question.

Once the storage period has elapsed, in accordance with the above terms, the Data Subjects’ personal data will be permanently deleted by TKA.

IX – Rights of Data Subjects with regard to their personal data

In accordance with the provisions of the Personal Data Protection Act, the Data Subject is guaranteed the right to access, correct, update and delete their personal data free of charge. In any of the above cases, the Data Subject may exercise their legitimate rights by sending a written communication to the e-mail address info@thekadvisors.com.

X – Unsolicited electronic communications for direct marketing purposes

The contact details of the Data Subject, who is a natural person, may be used by TKA, if he/she expressly authorizes it, in direct marketing actions and promotion of services provided by TKA, under the terms of article 13 of Law no. 41/2004, of August 18, in the version conferred by Law no. 46/2012, of August 29.

In case of a Data Subject who is a legal person, TKA may send unsolicited communications for direct marketing purposes relating to goods and services provided by the Data Subject itself or by a company in the same Group, unless the Data Subject expressly refuses to receive this type of communication in the future and registers on the national list of legal persons who expressly object to receiving unsolicited communications for direct marketing purposes, which the Directorate-General for the Consumer (DGC) is responsible for keeping up to date.

In any of the aforementioned cases, the Data Subject will have the right to expressly object, free of charge, via e-mail, to TKA sending them electronic communications for direct marketing purposes, by writing to the e-mail contact info@thekadvisors.com.

XI – Cookie data

TKA uses cookies on its website to improve performance and user experience.
What are cookies?

Cookies are small text files stored on the Data Subject’s computer via their web browser. They only store information related to the user’s preferences (generic information) and therefore do not include the user’s personal data.
The cookies used by TKA comply with the principles of anonymity and confidentiality and their sole purpose is to recognize the user. Under no circumstances are they used to collect information that identifies the user, nor for direct marketing purposes. Cookies help the TKA portal to recognize the user’s device the next time they visit.

At any time, the user can choose to be notified of the receipt of cookies via their browser or block them from entering their system. Please note that refusing to use cookies on the portal may result in the user being unable to access any of its areas and/or receive personalized information.

What are cookies used for?

Cookies are used to help determine the usefulness, interest and number of uses of the TKA portal, enabling faster and more efficient browsing by eliminating the need to repeatedly enter the same information.

What kind of cookies does TKA use?

The cookies used by TKA have different functions and are distinguished as follows:

1. Strictly necessary (essential) cookies: these enable browsing of the portal and use of its applications, as well as access to secure areas of the portal. Without these cookies, the Service(s) subscribed to by the Data Subject cannot be provided. Some cookies are essential to access specific areas of the TKA portal
2. Analytical cookies: performance cookies to find out which pages are the most popular, which link between pages is the most effective or to determine why some pages are receiving error messages. These cookies are only used for statistical creation and analysis purposes and never collect personal information.
3. Functionality cookies: these store the user’s preferences regarding the use of the portal, so that it is not necessary to reconfigure the portal each time you visit it.

Cookies can be:

Permanent: these are stored for a variable period of time in the browser on the user’s device and are used every time the user visits the portal again. They are usually used to direct browsing according to the user’s interests, allowing us to provide a more personalized service. Session Cookies: These are temporary and remain in your browser’s cookies until you leave the portal. The information obtained allows us to identify problems and provide a better browsing experience.

How do I manage cookies?

All browsers allow the user to accept, refuse or delete cookies, namely by selecting the appropriate settings in their browser.

After authorizing the use of cookies, the user can always disable some or all of TKA’s cookies.

XII – Procedural and Technical Security Measures

TKA. applies the necessary technical and organizational measures to ensure that, by default, only the personal data of Data Subjects necessary for each specific processing purpose is processed, and these are reviewed and updated periodically by the responsible department.
TKA. has also implemented sufficient, necessary and appropriate technical, physical, organizational and security measures to protect personal data against accidental or unlawful destruction, accidental loss, alteration, disclosure, unauthorized access and against any other form of unlawful processing.

TKA has therefore adopted various security mechanisms and procedures, following the best practices in terms of information security in the systems that support the services it provides and that store the Data Subjects’ procedural data, namely the use of firewalls and intrusion detection systems, the existence of restricted access – physical and logical – the recording of operations (logging) and respective monitoring and auditing, the collection and transmission of personal data by secure means. The personal data collected by TKA is stored s

ecurely in its systems which, in turn, are located in the company’s own datacenter, covered by all the physical and logical security measures that are essential for protecting personal data. Whenever it is necessary to communicate the personal data of its Data Subjects to third parties, TKA is responsible for the personal data in question and guarantees that:

1. the sharing of personal information complies with the legal regulations in force;
2. the transmission is carried out securely, namely through the use of encryption protocols; and
3. all third parties are contractually obliged to observe the duties of confidentiality and secrecy and to ensure the security of personal data communicated to them for this purpose, and may not use such data for any other purpose, for their own benefit or for the benefit of third parties, or correlate it with other data available to them.

XIII – Contacts

For more information on how TKA handles/processes the personal data of its Data Subjects or to clarify any doubts, submit a complaint or leave comments on matters relating to Privacy and Personal Data Protection, you should send your communications to: info@thekadvisors.com