This document sets out the PRIVACY and COOKIES Policies (the “Policy”) of Horizondistance SA Lda. a company incorporated and existing in Portugal with headquarters at Rua de Santana à Lapa, 148, 2o and offices at Doca de Santo Amaro Edificio Topo Nascente 2o Andar, in Lisbon with identification number (NIPC) 514790342, its successors and permitted assigns (hereinafter “PowerDot”) applying when someone (“USER”) transmits to or provides to PowerDot any personal data of his/her own or any other identified or identifiable individuals (“Data”) including when USER directly or indirectly transmits to PowerDot, by means of any Forms, through/at the website powerhubs.powerdot.pt through/at PowerDot’s mobile app Power dot and/or in connection with the use of PowerDot’s physical CAR SERVICING HUBS (hereinafter collectively and indistinctively, the “CHANNELS” or “PowerDot Service”).
To the far extent that USER is a legal representative of another organization this Policy applies to Data uploaded or disclosed to PowerDot and may include the name, VAT number, address, electric vehicle driven, telephone contact, email, ID Driver, ID Partner, geolocation voluntarily disclosed or collected at CHANNELS in connection with PowerDot Service.
If USER has any reservations, doubts or objections to this Policy USER should resume and exit from the CHANNELS refraining from use of PowerDot Service and from interacting with any PowerDot CHANNELS.
PowerDot reserves the right to change this Policy at any time without prior notice. Any amended Policy will be integrated herein effective as from the date of its posting at the PowerDoT website or mobile app. Continued access and use of the CHANNELS or the PowerDot Service implies that USER is aware, acknowledges and accepts this Policy as amended and in force from time to time.
Last revised and applicable as from August 30th , 2019.
What and how Data is collected?
POWERDOT ONLY COLLECTS DATA THAT IS VOLUNTARILY DISCLOSED, SUBMITTED OR CONSENTED BY USER, THAT IS NECESSARY FOR THE POWERDOT SERVICE ENGAGED BY USER, NEEDED SO THAT POWERDOT MAY COMPLY WITH A LEGAL OBLIGATION, A CONTRACTUAL OBLIGATION OR A JUDICIAL/ADMINISTRATIVE ORDER, IN CONNECTION WITH OTHER LEGITIMATE LAWFUL PURPOSES OF POWERDOT OR AS OTHERWISE MAY BE AVAILABLE TO POWERDOT IN LAW, PURSUANT TO THE LAWS IN FORCE FROM TIME TO TIME AND THIS POLICY.
TO THE FAR EXTENT THAT A CERTAIN PURPOSES PURSUED BY POWERDOT (v.g. Marketing or Advertisement activities) DEPEND ON THE CONSENT BY USER, USER IS FREE TO EITHER CONSENT OR NOT TO DATA PROCESSING FOR SUCH PURPOSES AS WELL AS TO WITHDRAW A PREVIOUSLY GRANTED CONSENT AT HIS/HER SOLE AND FAIR JUDGEMENT AND CRITERIA. Refusal to grant consent or the withdrawal of a previously granted consent may only prevent PowerDot in some cases from providing the PowerDot Service for which consent is required as a condition precedent (for instance, and without limitation, PowerDot may be prevented from sending notices about closest Power Dot Physical Car Service if Powerdot is prevented from sharing USER’s geolocation with its partners; Powerdot may be prevented from sharing any Partner discount vouchers where USER did not consent to PowerDot sharing
USER’s use of the PowerDot Service with any PowerDot’s partners for marketing or commercial service purposes).
Is all data the same as Data?
PowerDot may also collect and process company’s data, which may not be entirely covered by the stipulations of this Policy (“Corporate Data”). Data belonging to ID Partner where ID Partner is a company is not to be treated as personal data provided however that PowerDot shall treat the information of its partners on a confidentiality and bona fides basis at all times.
Unless as otherwise imposed by Law, whenever a third-party contacts PowerDot compelling it to disclose Corporate Data of its Corporate Clients, partners, suppliers and/or distributors (1) PowerDot shall promptly communicate such compelled disclosure to the Corporate Clients, partners, suppliers and distributors in question; (2) shall seek that the entities in question contact directly the Corporate Data owner and to such effect shall only provide basic contact data, as available to PowerDot; (3) PowerDot shall reasonably effort not to grant access to excessive information considering the one that was compelled to be disclosed; (4) PowerDot shall effort – to the far extent lawfully permitted and without additional costs – to prevent that any entities access directly to (i) stored Corporate Data, (ii) encryption keys used to secure Reserved Areas of the PowerDot Service or information on how to break such encryption.
PowerDot’s corporate clients, partners, suppliers and distributors expressly grant to PowerDot a fully paid, royalty free, non-exclusive, sub-licensable, perpetual, worldwide license for PowerDot to collect and process Corporate Data for the intended business purposes of PowerDot including those relating to the compliance of a legal obligation, performing a contract, pursuing a legitimate interest such as collection of client’s feedback, business monitoring, business improvement, business data analytics and metrics monitoring, promotional and marketing activities, sales management, benefit’s management, amongst others lawfully associated to PowerDot’s business activity.
What are and how do Cookies work? Cookies Policy
Cookies are alphanumeric identifiers that PowerDot may transfer into the USER devices’ hard drives to enable PowerDot’ systems to recognize a browser and tell PowerDot how and when the CHANNELS are being visited and by how many people, also permitting to enhance USER experience (“Cookies”). Cookies may keep track of USER’s movements within the CHANNELS, help to navigate or advise navigation, remember navigation history, theme selection, preferences, usage metrics history and other customizable functions (if/as available).
By using the CHANNELS USER consents to his/her Data being processed by PowerDot and its partners according to USER’s Cookies Preferences except where the USER’s express consent is required, in which case such processing may only occur to the far extent there’s such a consent and for as long as it is validly granted by USER.
For instance, some of the Cookies used by PowerDot enable the interconnection of data flows with social media and the operators of such social media such as the Facebook, Instagram or Youtube:
✔ Social Media Pixel used for Facebook, YouTube and Instagram used in PowerDot’s Website and mobile App;
✔ USER Accreditation in PowerDot’s mobile app with email and password;
PowerDot warns that it does not exert an influence nor controls by any means the above described activities or purposes of such web or social media operators nor has an influence on their privacy policies and/or data security procedures, means and/or resources used.
USER DISCRETION IS ADVISED PRIOR TO ACCESSING AND USING SOCIAL MEDIA WHETHER OR NOT IN CONNECTION WITH POWERDOT SERVICE (V.G. SHARING OF LOCATIONS, SHARING OF CONTENT) AND PRIOR TO USER’S ACCREDITATION WITH SOCIAL MEDIA AND/OR THE AUTHENTICATION CREDENTIALS OF OTHERS THAN POWERDOT.
Enabling information collection about user preferences such as his/her language or his/her origin territory.
Loosing this kind of information stored in a preferences cookie may cause the user experience less functional although it does not prevent the CHANNEL from functioning.
Enabling the registered USER to login with his/her Credentials and preventing fraudulent use of the same as well as it aids in the data protection of USER in connection with his/her access and use of the CHANNELS.
Enable the CHANNEL to properly function and to have the services offerings enabled as well as it aids the USER to navigate and access to certain secure areas.
Blocking these Cookies may prevent the CHANNEL from properly function.
Cookies we use are intended to make publicity more relevant to the USER, notably by improving the reporting and avoiding the display of already seen ads and notices.
The cookies help remembering USER’s recent searches and his/her past interactions with the CHANNELS showing search results or summaries of past visits and activity.
USER is advised to search by his/her own means and learn about the privacy and cookies policies of Google® and said Social Media sites (Facebook, Instagram and You Tube) to the far extent that although PowerDot is present therein a refusal to consent on marketing/publicity activities only directed to PowerDot may not impact publicity or marketing activity generating from Google® and/or said Social Media sites (Facebook, Instagram and You Tube).
These Cookies collect information on how USER interacts with the CHANNELS and such may include most frequently visited sites any reporting on error messages received from said pages/sites.
The so called “session status cookies” help us improving our services and the navigation experience.
To block or exclude these cookies may not have an impact on USER’s experience.
These cookies enable us to understand how USER interacts with our CHANNELS and the PowerDot Service. The cookies collect information and statistics usage indexed to ID Partner and ID User numbers which are hexadecimal numbers of a CORRESPONDING USER Card, Vehicle or device only, not associated to an individual person.
Cookies used by PowerDot may include one or more cookies from the above stated categories and are the following:
✔ Cookies used to store language, currency, cart, territory and other USER preferences at the CHANNEL so as to improve his/her user experience;
✔ Analytics cookies that are used to measure service, measure traffic data or any other;
✔ Any data analytics cookies at the mobile app (where the same are separate from the above);
✔ Payment Providers’ cookies – such as Stripe for instance – used to improve the payment’s user experience;
✔ Cookies (v.g. to enable registered USER’s login at CHANNELS, to recover sessions, etc).
Cookies used by PowerDot do not directly collect or process USER Data.
Total refusal of Cookies or their entire removal may prevent PowerDot from providing the Service, as the PowerDot Service relies upon an ecosystem of partners within the PowerDot business circle. However, where the USER does not wish to accept Cookies, USER may manage his/her preferences. USER may configure the equipment/device so that USER is warned every time a Cookie is deposited on its drive and may deactivate all Cookies through the navigation tool (v.g. Google Chrome, Mozilla Firefox, Internet Explorer). USER may also choose to refuse, delete or accept Cookies through an appropriate selection of functions in the “options” or “preferences” sections of the web browser. USER should further navigate the “Help” menu of the web browser to properly understand and configure its Cookies preferences.
In order to further understand what Cookies are all about, understand what Cookies were installed and how can they be managed and/or deleted by USER please visit www.allaboutcookies.org.
Anonymous Information. How does it work?
PowerDot may share generic aggregated demographic information not linked to any Data for statistics or business/content planning purposes of CHANNELS, traffic analytics, service measurement and monitoring, improvement of the service.
Non-personal identification information may include the device/browser name, type of computer/device and technical information, connectivity information such as the OS and/or the ISP used or other similar non-personal technical information.
What are the purposes PowerDot processes my Data for?
PowerDot may process Data for the following purposes:
✔ Technical Support and Technical improvement – To enable PowerDot and its partners and contractors to collect PowerDot Service’s feedback as well as to operate and maintain the PowerDot Service and the CHANNELS, thereby improving the USER experience with the PowerDot Service and the CHANNELS; ✔ Marketing and Commercial – To send alerts to USER on PowerDot Partners’ products, services, campaigns, promotions, news, special offerings that may be interesting for the USER PROVIDED HOWEVER THAT HE/SHE HAS SO CONSENTED; ✔ Usability – In order to help USER to find the products or services that best adapt and respond to
his/her needs; ✔ To make the CHANNELS more relevant and easier to navigate by USER and/or to help USER
solve any navigation problems; ✔ Newsletters and generic information – To send periodic emails If USER decides to register and/or join PowerDot’s Community for the receipt of newsletters or non-solicited mailing (if/as available) and PROVIDED HOWEVER THAT USER HAS SO PROVIDED HIS/HER CONSENT.
If USER wishes to unsubscribe from future emails, pushups or news from PowerDot, he/she may follow the instructions contained in the message for removal from unsolicited mailing lists. However PLEASE NOTE that despite such fact, you may still continue to receive e-mails from the System (v.g. referring to passwords).
How PowerDot protects my Data?
PowerDot shall process Data only in accordance to this Policy and the European Laws in force – as amended from time to time- within the European Union.
PowerDot adopted appropriate technical and organizational measures intended to protect Data against accidental loss, destruction, or alteration; unauthorized disclosure or access; or unlawful destruction.
Sensitive data or Data belonging to vulnerable owners is most unlikely to flow in-out to/from PowerDot Systems. However, when/if such is the case PowerDot shall use SSL secured communication channel with encryption and protected digital signatures so as to minimize a Data breach event.
NOTWITHSTANDING THE LATTER PLEASE BE ADVISED THAT PowerDot CANNOT ENSURE FULL NETWORK SECURITY OVER THE WEB AND USE OF THE INTERNET IN GENERAL MAY EXPOSE USER AND DATA TO RISKS SUCH AS IDENTITY THEFT, FRAUD OR FRAUDULENT ACTION BY THIRD PARTIES OUT OF PowerDot’S CONTROL POTENTIALLY ABLE TO HARM USER AND CAUSE HIM AN IRREPARABLE LOSS AND/OR DAMAGE OF UNQUANTIFIABLE IMPACT.
USER’S DISCRETION IS ADVISED ON THE USE OF THE INTERNET, THE CHANNELS AND ON THE DISCLOSURE OF USER DATA AS WELL AS ON THE PROVIDING OF ANY CONSENTS AND THEIR CONSCIOUS MANAGEMENT IN THE DIGITAL ENVIRONMENT.
To whom may PowerDot disclose my Data?
PowerDot is not in the Data selling, trading, or renting businesses and therefore PowerDot’s sharing of Data with third parties is strictly within the boundaries of PowerDot’s business Partners as necessary for PowerDot to provide the powerDot Service in its widest range of functionalities for USER, subject to the applicable laws and the following:
✔ PowerDot may share Data for its activity’s intended purposes and in connection with contractual obligations of PowerDot before the USER;
✔ PowerDot may share Data with business partners within the scope of PowerDot’s activity. In order to get to know PowerDot’s Partners please Contact Us at firstname.lastname@example.org
✔ Administrator data for purposes of security management of CHANNELS and/or for the active fraud and attack prevention;
✔ Data storage operations being contractually guaranteed by third party providers with the terms and conditions of the herein Policy;
✔ As far as the CHANNELS are concerned, PowerDot may source from third party providers the support of certain activities of website and subsite (landing pages), mobile app’s building and management, as well as their administration and updating. Any Data shared with such third parties shall be STRICTLY AS NEEDED for the purposes of rightful rendering of such support services by the third-party providers in question for said channels and media’s support and maintenance.
PowerDot shall not disclose Data or confidential information of EU citizens into non-EU territories or to companies without the control of PowerDot except (1) in respect of Information Systems Cloud hosting services, provided however that on such cases safety and organizational measures by cloud providers were granted to PowerDot in terms consistent with this Policy; (2) if USER so requires, consents or determines PowerDot; (3) as deriving from interaction of USERS with PowerDot’s CHANNELS – which by nature operate multi-territorially – or social media pages (if any) as well as any online activity; (4) as provided for in Law or as imposed by a court or administrative order or another public determination by an entity or officer with jurisdiction over the PowerDot outside the EU; (5) in case of intra-group and/or partners transmissions pursuant to the terms of the Law and strictly as necessary subject to the laws in force.
Where does PowerDot process my Data?
Except as described above, Data may be processed within the European Union or outside (as needed in connection with the Cloud Based Service and the location of our business partners’ service). To further discover the sites where our own systems are located please Contact Us at email@example.com
PowerDot abides by the European Union Data Privacy laws regarding the collection, storage, processing, management and retention of Data from European Union national or citizens which data is processed within the European Union.
Who is the Data Controller?
PowerDot is the Data Controller in connection with the PowerDot Service only. Certain functionalities within PowerDot Service (v.g. the WiFi providing at the PowerDot’s physical car service hubs) are not provided by PowerDot and are subject to the terms and conditions of PowerDot’s business partners directly.
Please read carefully any privacy policies of PowerDot’s Busines Partners prior to engaging on any functionality within the PowerDot Service.
Where USER intends to exert any of its rights he/she should contact PowerDot to:
Doca de Santo Amaro, Edificio Topo Nascente, 2o
Or send an electronic message to firstname.lastname@example.org
What are my Rights?
USER has the right to access, rectify and/or eliminate (totally or partially) his/her Data, the right to be informed on the processing activities, the right to oppose or limit the processing activities, portability right (in certain cases) and any others as conferred by Law as in force from time to time.
The USER is entitled to claim or complaint directly before the Data Protection supervising or regulatory authority in Portugal, which is the CNPD- Comissão Nacional de Proteção de Dados, which contacts shall be provided upon request.
PowerDot shall respond any requests by USERS pursuant to the herein terms and the provisions of the Law.
For how long is my Data stored and processed?
PowerDot retains USER Data until the longest of:
(i) The term within which the USER is registered in PowerDot’s Systems associated to the PowerDot Service;
(ii) The term needed so that PowerDot complies with a legal obligation, the legitimate pursue of a business interest;
(i) and (ii) being pursuant to the retaining timelines defined by PowerDot;
(iii) For as long as a consent by the USER lasts for a specific purpose and whenever the consent is the legitimate cause for Data processing.
How is my Data deleted?
Data is deleted through safe deletion procedures described in internal regultaions in force at PowerDot.
Digital Data may be anonymised whenever the removal or deletion of such Data from our systems may not reconcile on a reasonable basis with the data quality of the database in which they are located; notably, whenever the deletion or removal may imply a considerable risk of data breach to other data stored on same systems or part of same database and the latter are to remain integrate and active (impacts on data integrity and/or on systemic data quality feasible or anticipated).
Data in physical media shall be eliminated by irreversible destruction methods.
What Laws and Jurisdiction applies?
Data will be processed solely according to this Policy and the Laws in force. No further laws shall apply to Data.
Any disputes hereunder shall be submitted and resolved exclusive by the Portuguese Courts, which territorial and material jurisdiction will be determined according to the procedural laws in force.
Last Revised and in force as of August 27th 2019