Privacy Policy
and Cookies
Privacy Policy
1. Who is responsible for processing your personal data?
This Privacy Policy (hereinafter referred to as the “Privacy Policy”) applies to all personal data provided by the customer to Margem Exuberante Unipessoal Lda., with its registered office at Avenida D. João II, No. 11, Torre A, Floor 3, 1990-077 Lisbon, Portugal (hereinafter referred to as “Moments by the Sea”), either directly through the completion of a consent declaration or an online form.
For the purposes of this Privacy Policy, the term “Customer” shall mean any individual or company interested in the products and services offered by Moments by the Sea. As the data controller, Moments by the Sea will request the Customer’s express consent to this Privacy Policy prior to the submission of any personal data whenever such consent is required, as well as in any other circumstance that requires prior authorization. The purpose of Moments by the Sea’s Privacy Policy is to provide transparency regarding how personal data is processed and protected, in compliance with best practices and applicable legislation.
Should the Customer have any questions or require assistance regarding data protection matters, they may contact the Data Protection Officer by email at info@moments-bythesea.com.
2. What personal data do we process?
The personal data processed may include the Customer’s name, marital status, gender, address, telephone number, email address, tax identification number, and personal identification number.
3. For what purposes do we process your personal data and how long do we retain it?
Moments by the Sea will process the personal data provided by the Customer for the purposes set out below, provided that there is a legal basis for each processing activity:
1) Providing information requested regarding services and/or products;
2) Marketing initiatives carried out by Moments by the Sea and the sharing of data with third parties for the same purposes (subject to the Customer’s prior express consent);
3) Responding to enquiries, handling complaints, and carrying out other customer support activities.
4) Managing competitions, giveaways, and promotional campaigns.
Moments by the Sea will retain its customers’ personal data for the duration of their contractual relationship and, thereafter, such data may be retained for promotional activities for a period of two years. For other types of users, personal data will likewise be retained for a period of two years. Personal data will not be kept for longer than is necessary for the purposes described above, without prejudice to any retention period required for the establishment, exercise, or defence of potential legal claims and/or whenever permitted by applicable law.
4. What is the legal basis for processing your personal data?
1) Consent provided by the Customer – for this purpose, the Customer will be presented with a consent form authorising the use of their personal data, which consent may be withdrawn at any time thereafter;
2) The conclusion and/or performance of a contract with the Customer;
3) Compliance with legal obligations to which Moments by the Sea is subject;
4) The pursuit of a legitimate interest and/or situations in which there are compelling grounds for the use of such data that override the Customer’s data protection rights;
5) Assertion, exercise, or defense of a legal claim in judicial proceedings involving the Customer, Moments by the Sea, or a third party.
5. With whom may your personal data be shared?
The Customer's personal data may be disclosed to:
1) Service providers acting on behalf of Moments by the Sea;
2) Partners of Moments by the Sea.
The Customer’s personal data may also be processed by companies subcontracted by third-party service providers acting on behalf of Moments by the Sea, namely for website hosting, email services, responding to user enquiries regarding services, sending information about new services and products, and special offers. Only the personal data strictly necessary for the provision of the relevant service will be shared with such companies. Moments by the Sea may also disclose or communicate personal data in order to comply with its obligations towards Public Authorities whenever required by applicable law and, where appropriate, to other authorities and entities, including Law Enforcement Agencies, Security Forces, and Judicial Authorities.
6. What are the Customers’ rights?
Moments by the Sea informs the Customer that they have the right to exercise their rights of access, rectification, erasure, objection, data portability, and restriction of the processing of their personal data.
1) Right of Access
The data subject has the right to obtain confirmation from Moments by the Sea as to whether or not personal data concerning them is being processed and, where that is the case, to access their personal data and the information provided for under applicable law.
Where the processing is based on the Customer’s consent and carried out by automated means, the Customer has the right to receive the personal data previously provided in a structured, commonly used, and machine-readable format.
Should the Customer request more than one copy of their personal data undergoing processing, Moments by the Sea may charge a reasonable fee to cover the administrative costs associated with providing such additional copies.
2) Right to Rectification
The data subject has the right to obtain from Moments by the Sea, without undue delay, the rectification of inaccurate personal data concerning them and the completion of incomplete personal data.
3) Right to Erasure of Personal Data (“Right to be Forgotten”)
The data subject has the right to request that Moments by the Sea erase their personal data without undue delay, and Moments by the Sea shall be obliged to erase such data where, in particular, one of the following grounds applies:
a) The personal data is no longer necessary for the purposes for which it was collected or otherwise processed;
b)The data subject withdraws their consent to the processing of personal data (where the processing is based on consent), and there is no other legal basis for the processing;
c) The data subject objects to the processing and there are no overriding legitimate grounds that justify the processing.
4) Right to Object
The data subject has the right to object, at any time and for an unlimited period, on grounds relating to their particular situation, to the processing of personal data concerning them.
5) Right to Data Portability
Where processing is based on the data subject’s consent and such consent has been provided by automated means, the data subject has the right to receive the personal data concerning them that has been provided to Moments by the Sea in a structured, commonly used, and machine-readable format.
6) Right to Restriction of Processing
The data subject has the right to obtain from Moments by the Sea the restriction of processing where, in particular, one of the following circumstances applies:
a) The accuracy of the personal data is contested by the data subject, for a period enabling Moments by the Sea to verify its accuracy;
b) The processing of personal data is unlawful and the data subject opposes the erasure of the data and requests the restriction of its use instead;
c) Moments by the Sea no longer requires the personal data for the purposes of processing, but the data is required by the data subject for the establishment, exercise, or defence of legal claims;
d) Where the Customer has objected to the processing, pending verification of whether the legitimate grounds of Moments by the Sea override those of the data subject.
Personal data will be processed with particular care in order to ensure and safeguard the rights referred to above. The Customer may be required to provide proof of identity to ensure that personal data is disclosed only to its rightful owner. Should the Customer wish to exercise any of the rights mentioned above, Moments by the Sea will review the request and provide a response within a reasonable period, which shall not exceed one month. In the event of dissatisfaction, the Customer also has the right to lodge a complaint with the Portuguese Data Protection Authority (Comissão Nacional de Proteção de Dados – CNPD), the competent supervisory authority.
7. Can previously given consent be withdrawn?
If consent is legally required for the processing of personal data, the data subject has the right to withdraw that consent at any time. However, such withdrawal shall not affect the lawfulness of processing carried out on the basis of consent before its withdrawal, nor shall it affect any subsequent processing of the same data where such processing is based on another legal ground, such as the performance of a contract or compliance with a legal obligation to which Moments by the Sea is subject.
Should the Customer wish to withdraw their consent, they may contact Moments by the Sea by letter, telephone, or by email at info@moments-bythesea.com.
8. What security measures have we implemented?
Moments by the Sea is committed to complying with its obligation of confidentiality regarding personal data and its duty to safeguard such data. It shall adopt the necessary measures to prevent its alteration, loss, unauthorised processing or access, in accordance with applicable legislation.
Moments by the Sea has implemented the technical and organisational security measures necessary to ensure the security of personal data and to prevent its alteration, loss, unauthorised processing and/or access, taking into account the state of the art, the nature of the data stored, and the risks to which it is exposed, whether arising from human actions or the physical or natural environment, in accordance with applicable legislation.
As an organisation committed to privacy, Moments by the Sea continuously monitors, controls and evaluates its processes in order to strengthen the confidentiality and integrity of information within the organisation, ensuring compliance with privacy and information security requirements in accordance with international standards.
Notwithstanding the foregoing, Customers should be aware that the use of websites and the transmission of information by electronic means may, in certain circumstances, be subject to unlawful access by unauthorised third parties.
9. Changes to the Privacy Policy
Moments by the Sea may amend its Privacy Policy in accordance with the legislation applicable at any given time. In any event, any changes to the Privacy Policy will be duly communicated to the Customer so that they are informed of any modifications made to the processing of their personal data and, where required by applicable law, may provide their consent to such changes.
Cookies
1. What is a cookie?
Cookies are text files containing small amounts of information that are downloaded to a user's device (computer, tablet, or mobile phone) when they visit a website. They allow the website to “remember” the user’s device, although not specifically the person using it, thereby improving the user experience. By associating the identification numbers stored in cookies with other customer information, for example when you log in to the website, we are able to recognise that the cookie information relates to you.
2. What is the purpose of cookies?
Cookies are generally used for a variety of purposes, including enabling users to navigate between pages efficiently, implementing user preferences and, in general, improving the browsing experience by personalising the website according to the user’s browsing behaviour and profile. They can also help ensure that the advertisements a user sees online are more relevant to them and their interests.
3. What cookies do we use?
Our website uses various types of cookies for different purposes, as explained below in Section 4, “Cookie Categories on moments-bythesea.com”.
In particular, we use:
a) Session cookies, which last only for the duration of a browsing session. They are generally used to facilitate access to our website’s services and to authenticate you when you are a registered user;
b) Persistent cookies, which remain on your device for longer than a single visit. They are used to remember a user’s preferences and actions on the website. In this case, when a user returns to our website, or visits websites that use the same cookies, the website reads the cookies and identifies the user’s browser. These cookies may include:
b.1) First-party cookies, which are set by the website you are visiting, namely moments-bythesea.com, and can only be read by that website. First-party cookies may be either session cookies or persistent cookies.
b.2) Third-party cookies, which are intended to collect data anonymously, such as analytical information, including browsing statistics. Other third-party cookies are designed to track our visitors’ responses to our online promotional activities. This technology uses information about your visits to our website and to third-party websites where we advertise in order to provide you with more relevant advertisements. We also use it to understand which advertisements bring visitors to our website. Like the cookies mentioned above, these cookies may be either session cookies or persistent cookies.
4. Cookie Categories on moments-bythesea.com
The types of cookies used on our website may fall into one of the categories described below.
A - Technical Cookies
In accordance with the guidelines of the Portuguese Data Protection Authority regarding the simplification of data protection notices and the collection of consent for cookies, technical cookies include navigation or session cookies, analytical cookies, and functionality cookies.
We do not require your consent to use these cookies.
A.1: Navigation or Session Cookies
These cookies are strictly necessary and essential to enable you to browse the website and use its core features, such as accessing secure areas of the website. These cookies include session authentication cookies. Without these cookies, essential services such as bookings, shopping carts, or billing cannot be provided. They allow us to identify you as being logged into moments-bythesea.com and ensure that you can access the appropriate features of our website. If you choose to disable these cookies, you will not be able to use our website to make purchases and will only be able to browse it. We also use a cookie to track whether you have been informed about our use of profiling cookies and, where applicable, have provided your consent.
A.2: Analytics Cookies
These cookies are also known as performance cookies and collect information about how you use our website, allowing us to improve the quality of our website and services. Examples include the pages you visit most frequently and whether you receive error messages from web pages. Performance cookies enable us to understand these preferences and optimise the way our website functions. All information collected by these cookies is aggregated and therefore does not identify you personally.
These cookies may be either first-party or third-party cookies and include analytics tools that allow us to obtain statistics regarding website access and navigation, monitor the origin of our users, help us improve the website by measuring usage information and any errors that occur during the browsing experience, as well as evaluate the effectiveness of advertising campaigns using aggregated information.
A.3: Functionality Cookies
Functionality cookies allow the website to remember your online preferences (such as your username, language, or location) and provide enhanced, more personalised features.
These cookies may also be used to remember changes you have made to text size, fonts, and other parts of web pages that can be customised. They may also be used to provide services you have requested or to prevent you from being offered services you have previously declined.
These cookies may be either first-party or third-party cookies.
By selecting certain features and services, you consent to the use of the related functionality cookies.
B - Profiling Cookies
These cookies, including advertising and targeting cookies, are used by Moments by the Sea, our advertising providers and/or third parties to provide users with a personalised browsing experience by delivering advertisements that are relevant to them and their interests on third-party websites. These cookies are used to identify your preferences and analyse your online interactions and transactions with us. This information is used exclusively for the benefit of Moments by the Sea and will not be shared with third parties, except with Moments by the Sea’s service providers for processing purposes on our behalf.
Under certain circumstances, particularly if you are logged into your account, we may combine data collected through cookies with your personal data for the purposes described above, unless you have explicitly objected to such processing and chosen not to accept these types of cookies. Please refer to our Privacy Policy for full details on how we may process your personal data in such circumstances.
Among the various types of advertising and targeting cookies, we may use Flash Cookies and Pixel Tags:
a) Flash Cookies: We may also use local shared objects, commonly known as Flash Cookies, to store your preferences. The amount and type of information collected through Flash Cookies, and the way they operate, differ from standard browser cookies. Please note that browser tools used to manage cookies will not remove Flash Cookies. To disable Flash Cookies, please use the configuration tool provided by Flash Player: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager02.html.
b) Pixel Tags: If you have agreed to be tracked and/or profiled, we may use other tracking technologies (such as web beacons and clear GIFs) in the communications we send to you. Their purpose may include determining whether you have read or opened an email, whether you have interacted with any links contained within it, and if so, which links. This information may be combined with other information we collect about you in order to provide communications that are more relevant to your browsing and purchasing behaviour.
You can learn more about the cookie policies of third parties whose profiling cookies are used on our website by clicking here.
We require your consent to use profiling cookies. At any time, you may manage your preferences regarding advertising or targeting cookies through your browser settings as described in Section 6 below, or by enabling/disabling all third-party cookies as described in Section 7 below.
5. Information Sharing
We do not share information collected through the use of cookies and pixel tags with third parties, except with our advertising agencies/providers and our IT service providers (such as hosting providers), solely for the purposes described above.
6. How to Manage Your Cookie Preferences
At any time, you have the option to accept or refuse the use of cookies/pixel tags by changing your browser settings.
Most browsers automatically accept cookies, but you can configure your browser to alert you whenever someone attempts to send cookies/pixel tags and/or prevent them from being accepted. In most browsers, the “Help” section of the toolbar will explain how to prevent the browser from accepting cookies, how to receive notifications when cookies/pixel tags are received, or how to disable cookies/pixel tags completely.
Below are links describing these settings in more detail for each browser:
If you use multiple browsers (for example, Internet Explorer, Google Chrome, Firefox, etc.), you must repeat this procedure for each browser. Likewise, if you access the internet from multiple devices (for example, at work and at home), you will need to configure your preferences on each browser and on each device.
Please note that if you completely disable browser cookies, certain parts of our website may not function correctly, including normal website navigation and purchasing activities. You may also lose personalised features, meaning that the advertising displayed when visiting this website may no longer be tailored to your interests.
7. How to Disable Third-Party Cookies and Advertising or Targeting Cookies on moments-bythesea.com
You can find information on how to disable third-party cookies and advertising or targeting cookies on your computer by visiting http://youronlinechoices.com/.
8. How to Contact Us
If you would like to learn more about cookies, have any questions, or wish to send us suggestions, please contact us by email at info@moments-bythesea.com.
Margem Exuberante Unipessoal, Lda. is the data controller for the purposes of this Cookie Policy.
