Terms and Conditions

GENERAL CONDITIONS OF USE AND CONTRACT

• Ownership of the domain https://www.elementum.pt/
• Privacy Policy
• Cookies Policy
• Consumer Disputes

For any clarifications related to the website https://www.elementum.pt/ or to these General Conditions of Use and Contract, please contact https://www.elementum.pt/ Customer Service using one of the following methods:

• Email: armando.pinto@elementum.pt
• Telephone: 967736600 (Call to national mobile network)

1. OWNERSHIP OF THE DOMAIN https://www.elementum.pt/

The website https://www.elementum.pt/ is registered pursuant to the “Regulation on the registration of .PT domains and subdomains”, and is owned by the company ELEMENTUM PORTUGAL LDA with Taxpayer Identification Number (NIF) 510034217, as the entity responsible for https://www.elementum.pt/.

For any clarifications related to the website https://www.elementum.pt/ or to these General Conditions of Use and Contract, please contact https://www.elementum.pt/ Customer Service using one of the following methods:

• Email: armando.pinto@elementum.pt
• Telephone: 967736600 (Call to national mobile network)

1. PRIVACY POLICY

The company ELEMENTUM PORTUGAL LDA (hereinafter referred to as “https://www.elementum.pt/”) as the entity responsible for the website https://www.elementum.pt/ values the privacy of its members and accordingly undertakes to respect such privacy, guaranteeing the secrecy and protection of the data registered by users.

This Privacy Statement is intended to ensure users’ Security and Privacy, and only the data necessary for service provision are requested and collected, according to the explicit information on the website. Users have the full freedom to access, correct or delete their data.

2.1. IDENTIFICATION OF THE CONTROLLER

• Company: ELEMENTUM PORTUGAL LDA
• Taxpayer Identification Number (NIF): 510034217
• Contact details of the Data Protection Officer: pinto@elementum.pt

2.2. INFORMATION AND CONSENT

The Personal Data Protection Law (hereinafter “PDPL”) and the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, hereinafter “GDPR”) ensure the protection of natural persons with regard to the processing of personal data and the free movement of such data.

Pursuant to the law, “personal data” are considered any information, of any nature and regardless of the respective medium, including sound and image, relating to an identified or identifiable natural person, hence this protection does not cover data pertaining to legal persons.

Upon acceptance of this Privacy Policy, the user provides his or her informed, express, free and unambiguous consent to inclusion of the personal data supplied through the website https://www.elementum.pt/ in a file controlled by https://www.elementum.pt/, the processing of which pursuant to the PDPL and GDPR complies with the appropriate technical and organisational security measures.

https://www.elementum.pt/ maintains a database with records of its customers. The data held in this database are only the data provided by the customers themselves at the time of registration, and are collected and processed automatically, under the terms approved by the National Data Protection Commission, by https://www.elementum.pt/, as the entity responsible for the corresponding file.

Under no circumstances will information be requested regarding philosophical or political beliefs, trade union or party membership, religious faith, private life and racial or ethnic origin, nor data relating to health and sexual life, including genetic data.

Under no circumstances will we carry out any of the following activities using the personal data provided to us via this website:

• Transfer to other persons or other entities without the prior consent of the data subject

2.3. PURPOSES OF PERSONAL DATA PROCESSING

The personal data that we process through this website will solely be used for the following purposes:

• (i) Processing orders;
• (ii) Communicating with customers and clarifying doubts;
• (iii) Processing requests for information;
• (iv) Processing complaints;
• (v) Statistical analysis activities;
• (vi) Checking, maintaining and developing statistical analyses and systems;
• (vii) Direct marketing communications (if consent has been given for processing of personal data for this purpose);
• (viii) Preventing and combating fraud;
• (ix) Requesting comments on purchased products or services;
• (x) Conducting satisfaction surveys.

https://www.elementum.pt/ guarantees the confidentiality of all data provided by its customers. Although https://www.elementum.pt/ collects and processes data in a secure manner which prevents loss or tampering, using the most advanced techniques for this purpose, please be advised that collection on open networks allows the circulation of personal data under unsecure conditions, with the risk that such data may be seen and used by unauthorised third parties.

The https://www.elementum.pt/ website provides a chat feature which lets users pose questions and thus gain greater benefit from the full range of services offered by https://www.elementum.pt/. If users supply personal data to https://www.elementum.pt/ via the aforementioned chat, such data will not be used for any purpose other than that requested by the user.

Moreover, the user consents to information relating to the service contracted with https://www.elementum.pt/ being accessed so that services in addition to those contracted may be offered to him or her.

When personal data are collected, except in the fields indicated otherwise, the user may voluntarily provide personal data without the lack of a response implying a reduction in the quality or quantity of the corresponding services (unless otherwise indicated). Nonetheless, the lack of a response regarding data deemed mandatory will imply inability to access the service for which the data were requested.

If a user disagrees with the foregoing conditions, https://www.elementum.pt/ will not be able enter into contract with the user via its web page.

2.4. TRANSFER OF PERSONAL DATA

In order to fulfil the purpose of this website, https://www.elementum.pt/ will transfer your personal data to other entities which will process such data for the following purposes:

• Payment management and processing activities;
• Order processing and shipping activities;
• Provision of the contracted services.

The entities to which https://www.elementum.pt/ will transfer your personal data for processing under the terms mentioned above will be of the following nature:

• Insurers;
• Payment management and processing entities;
• Order processing and shipping entities;
• Third-party entities related to the provision of the contracted services.

2.5. STORAGE OF YOUR PERSONAL DATA

The data collected by https://www.elementum.pt/ may be transferred to and stored in a location outside the European Economic Area (“EEA”). When you submit your personal data, you are agreeing to this transfer, storage and processing.

All information provided to https://www.elementum.pt/ is stored securely on our servers and/or servers belonging to our service providers, which may be located in countries outside the European Economic Area (“EEA”). We take all reasonably necessary measures to ensure that your data are processed securely and in accordance with this privacy policy.

2.6. SECURITY MEASURES

https://www.elementum.pt/ declares that it implements and will continue to implement the security measures of a technical and organisational nature necessary to guarantee the security of personal data provided to it in order to prevent their alteration, loss, unauthorised processing and/or access, taking into account the current state of technology, the nature of the data stored and the risks to which they are exposed.

https://www.elementum.pt/ guarantees the confidentiality of all data provided by its customers, both during registration and during the process of purchasing/ordering products or services. The collection and processing of data is carried out securely and in a way that prevents loss or tampering. All data will be placed on a Secure Server (128 bit SSL) that encrypts/encodes (converts into a code) such data. Users may check that their browser is secure if the padlock symbol appears or if the address begins with https instead of http.

Personal data are processed with the level of protection legally required to guarantee their security and prevent their alteration, loss, unauthorised processing or access, taking into account the state of technology, and the user is aware and accepts that security measures on the Internet are not impregnable.

https://www.elementum.pt/, whenever it accesses any personal data, undertakes to:

• Store such data using legally required security measures of a technical and organisational nature that guarantee their security, thus preventing alteration, loss, unauthorised loss or access, according to the state of technology at any time, the nature of the data and the possible risks to which they are exposed;
• Use the data exclusively for the purposes previously specified;
• Certify that the data are processed solely by staff whose intervention is necessary for the provision of the service, and that these staff are bound to the duty of secrecy and confidentiality. Given that the information may be disclosed to third parties, the latter must be required to adhere to due confidentiality in compliance with the provisions of this document.

2.7. COMMERCIAL AND PROMOTIONAL COMMUNICATIONS

One of the purposes for which we process personal data provided by users is to send electronic communications with information relating to commercial and promotional communications.

Whenever we send a communication of this kind, it will be addressed exclusively to users who have given their prior and express authorisation.

Pursuant to the provisions of Decree-Law no. 7/2004, of 7 January, if a user wishes to no longer receive commercial or promotional communications from https://www.elementum.pt/ he or she may request that they no longer be sent by sending an email to: armando.pinto@elementum.pt

2.8. EXERCISE OF RIGHTS

Pursuant to the provisions of the PDPL and the GDPR, users may at any time exercise their rights of access, rectification, erasure, restriction, objection and processing, by making a request using any of the following methods:

• Email: armando.pinto@elementum.pt

If at any time a user wishes to no longer be part of the https://www.elementum.pt/ database he or she may exercise this right using these contacts.

1. COOKIES POLICY

This Cookies Policy is an integral part of the Privacy Policy of https://www.elementum.pt/ (hereinafter referred to as “Website”). Access and browsing of the website, and the use of its services, implies acceptance of the terms and conditions set out in the Privacy Policy.

In order to facilitate and provide a better browsing experience via the website, https://www.elementum.pt/. (hereinafter “https://www.elementum.pt/”) advises that it uses Cookies or other files with a similar functionality (hereinafter “Cookies”).

Due to the way Internet communication standards function, access to websites may imply the use of cookies. In any event, we advise that Armando Pinto is responsible for Cookies and for the processing of data obtained through first-party and third-party cookies, deciding on the purpose, content and use of the processing of the information collected.

2.1. What is a Cookie?
Cookies are files that contain small quantities of information which are downloaded to a user’s device when he or she visits a website. The main objective is to recognise the user when he or she accesses the website, as well as enabling improved quality and offering better use of the website. In summary, they aim to simplify your browsing on https://www.elementum.pt/

Cookies are essential to the functioning of the Internet; they do not damage a user’s equipment/device and, if they are activated when configuring your browser, they help identify and resolve possible website operating errors.

2.2. Use of Cookies by https://www.elementum.pt/
When accessing the website, users expressly accept the use of this type of Cookie on their devices. If you deactivate Cookies, your browsing on the website might not be optimised and some of the features available on the website might not function correctly.

Specifically, https://www.elementum.pt/ uses Cookies for the purposes set out below. If, in the future, https://www.elementum.pt/ uses others with the aim of providing more and better services, users will be duly informed of this.

2.3. Cookies Used
– Preference Cookies
These cookies allow websites to memorise information that changes the website’s behaviour and appearance. These cookies can also help change text size, font type and other customisable parts of web pages. Loss of information stored on a preference cookie can make the experience of a website less functional, but should not prevent it from functioning.

– Security Cookies
Security cookies are used to authenticate users, preventing the fraudulent use of login credentials and protecting data from unauthorised persons. For example, they block many different types of attack, such as attempts to steal content from forms filled out on web pages.

– Strictly Necessary Cookies
Performance cookies help the Website function and provide services that Website visitors expect, such as browsing web pages or accessing secure areas of the Website. Without these cookies, the Website cannot function correctly.

– Performance Cookies
Websites often collect information on how users interact with a given web page. This may include pages that users visit more frequently and whether the users receive error messages from certain pages. Performance cookies help improve companies’ services, improving their users’ browsing experience. Blocking or deleting these cookies does not make the website unusable.

– Analytics Cookies
These cookies help website and application owners understand the engagement of their visitors with their web pages. They may use a set of cookies to collect information and report usage statistics for websites without personally identifying individual users.

– Advertising Cookies
These cookies (for example, from platforms such as Google or Facebook) help website and/or application owners capture leads in order to attract new viewers/customers/users to their website. The data collected are anonymous and do not identify users. They are used to restrict the number of times an advertisement is viewed, and they help measure the effectiveness of an advertising campaign.

– Cookies and plug-ins from social media (social buttons)
These cookies are intended to enable users to share pages and content via third-party social media. They also enable segmentation of advertising on social media.

Our site also uses plug-ins or social buttons.

Social plug-ins make it possible to facilitate the sharing of pages and content from the https://www.elementum.pt/ website on different social media platforms. For example, they allow users to like and share information from our website with their friends on social media.

To accomplish this, plug-ins use cookies to track users’ browsing, whether or not they use those platforms, and to check whether or not they are connected to social media while browsing. These cookies also enable segmentation of advertising on such platforms.

To obtain more information on the use of personal data in relation to social media, you can read the privacy policies of the third-party social media platforms in question.

All cookies are retained only for the time strictly necessary for their use.

3.4. User configuration to prevent cookies
In compliance with current legislation, we provide information that enables users to configure their browser to manage and maintain their privacy and security in relation to cookies. Accordingly, we provide information and links to the main browsers’ official support websites so that users can decide whether or not to accept the use of cookies.

Cookie settings may be changed in browser preferences, following the directions provided via the following links:
Chrome
Firefox
Internet Explorer
Safari

To obtain more information about cookies, including which cookies have been installed and how they can be managed and deleted, users can go to www.allaboutcookies.org. If users do not want their visits to websites to be detected by Google Analytics, they should go to https://tools.google.com/dlpage/gaoptout.

By continuing to browse this website without previously disabling cookies, users should understand that they accept the use of cookies.

Consumer Disputes

1. CONSUMER DISPUTES

In the event of a consumer dispute, consumers may resort to the European Online Dispute Resolution Platform, available at https://ec.europa.eu/consumers/odr or to the following alternative consumer dispute resolution entities:

4.1. CNIACC – Centro Nacional de Informação e Arbitragem de Conflitos de Consumo [National Centre for Consumer Dispute Information and Arbitration]
Tel.: 213 847 484; (Call to national landline)
Email: cniacc@unl.pt
Web: www.arbitragemdeconsumo.org / www.facebook.com/cniacc

4.2. CIMAAL – Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo do Algarve [Algarve Centre for Consumer Dispute Information, Mediation and Arbitration]
Tel.: 289 823 135; (Call to national landline)
Email: cimaal@mail.telepac.pt
Web: www.consumidoronline.pt

4.3. Centro de Arbitragem de Conflitos de Consumo do Distrito de Coimbra [Coimbra District Centre for Consumer Dispute Arbitration]
Tel.: 239 821 690/289; (Call to national landline)
Email: geral@centrodearbitragemdecoimbra.com
Web: www.centrodearbitragemdecoimbra.com

4.4. Centro de Arbitragem de Conflitos de Consumo de Lisboa [Lisbon Centre for Consumer Dispute Arbitration]
Tel.: 218 807 000 / 218807030; (Call to national landline)
Email: juridico@centroarbitragemlisboa.pt; director@centroarbitragemlisboa.pt;
Web: www.centroarbitragemlisboa.pt

4.5. Centro de Informação de Consumo e Arbitragem do Porto [Porto Centre for Consumer Information and Arbitration]
Tel.: 225 508 349 / 225 029 791; (Call to national landline)
Email: cicap@mail.telepac.pt
Web: www.cicap.pt

4.6. Centro de Arbitragem de Conflitos de Consumo do Vale do Ave/Tribunal Arbitral [Vale do Ave Centre for Consumer Dispute Arbitration/Arbitration Tribunal]
Tel.: 253 422 410; (Call to national landline)
Email: triave@gmail.com
Web: www.triave.pt

4.7. Centro de Informação, Mediação e Arbitragem de Consumo (Tribunal Arbitral de Consumo) [Centre for Consumer Information, Mediation and Arbitration (Consumer Arbitration Tribunal)]
Tel.: 253 617 604; (Call to national landline)
Email: geral@ciab.pt
Web: www.ciab.pt

4.8. Centro de Arbitragem de Conflitos de Consumo da Região Autónoma da Madeira [Madeira Autonomous Region Centre for Consumer Dispute Arbitration]
Address: Rua Direita, 27 – 1o Andar, 9050-405 Funchal;
Tel.: 291 215 070 (Call to national landline)
Email: centroarbitragem.srias@madeira.gov.pt
Web: www.srrh.gov-madeira.pt

For more information, visit the Consumer Portal at https://www.consumidor.pt

Last Update: 07 April 2021