Privacy and Cookies

EVCE POWER, LDA. (hereinafter “MOBISMART”) is a legal person under private law, in the form of sociedad and, in g are operations of the electric mobility network, comprising the management of energy flows, associated with the operations of the electric mobility network. Energy commercialization and operation of charging points of the electric mobility network, including the installation, availability, operation and maintenance of charging points integrated in the electrical mobility network. Development, production and marketing of electrical, electronic and software products and equipment. Development, production and commercialization of electronic energy availability systems, including monitoring and energy efficiency systems, electric vehicle charging systems, energy management systems and electric energy storage systems. Development, production and commercialization of energy storage technologies, using various chemical, thermodynamic, geothermal, electrical forms. Technical assistance, consulting, except legal advice, installation and maintenance of electrical and electronic equipment. Development and design of software and information and communication technology. Import and export of electrical, electronic and computer equipment. Marketing of products and provision of services similar to or complementary to the above.

As part of the continuation of its activity, MOBISMART is concerned with the privacy of its employees, social partners and the general public. It therefore adopted this document, setting out the general terms and conditions applicable to the processing of personal data, including but not least the rules relating to the collection, organisation, processing and use of any and all data made available to MOBISMART (hereinafter “Privacy Policy“).

With the adoption of this Privacy Policy, MOBISMART intends to ensure that the processing of personal data complies with the rules set out in Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and its free movement (“GDPR”) and other applicable legislation on the protection of personal data, regulation no 58/2019 of 8 August, which ensures the implementation, in the national legal order, of Regulation (EU) 2016/679 of Parliament and the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of such data,[12] the gdpr of that GDPR, and to clarify and inform all data subjects about these rules and their processing.

The GDPR lays down the rules on the processing by a person, an undertaking or an organisation of personal data relating to persons in the European Union. It protects personal data regardless of the technology used for the processing of such data, and protection is technology-neutral, which means that it applies to both automated and manual processing, provided that the data is organized according to the predefined criteria. For the same purposes, the way in which data is storage, in a computer system, via video surveillance or on paper, is irrelevant. In a state: in all these situations, personal data are subject to the protection requirements provided for in the GDPR and Law No. 58/2019 of August 8.

Our Privacy Policy should be read in advance to understand and become aware of how the information you provide to us will be handled by MOBISMART.

01. SETTINGS

(a) “personal data” means any information, of any nature and regardless of its support, including sound and image, relating to an identified or identifiable natural person (“data subject”); the person who can be identified directly or indirectly, in particular by reference to an identification number or one or more specific elements of his or her physical identity, is considered identifiable, physiological, psychic, economic, cultural or social.

(b) “processing of personal data” means any operation or set of operations on personal data, carried out with or without automated means, such as the collection, registration, organisation, storage, adaptation or alteration, retrieval, consultation, use, communication by transmission, dissemination or any other form of make-up, with comparison or interconnection, as well as blocking, resousing or destroying.

(c) “personal data file” means any structured set of personal data, accessible according to the criteria determined, whether centralised, decentralised or shared functionally or geographically.

(d) “controller” means a natural or legal person, public authority, agency or other body which, individually or jointly, determines the purposes and means of processing personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria applicable to his appointment may be provided for by Union or Member State law.

(e) “processor” means a natural or legal person, the public authority, agency or other body treating personal data on behest of the controller.

(f) “consent of the data subject” means any free, specific and informed expression of will, under which the data subject accepts that his/her personal data is processed.

(g) “supervisory authority” means an independent public authority, which monitors and monitors compliance with the GDPR and other applicable legislation on the protection of personal data. In Portugal, the supervisory authority is the National Data Protection Commission (“CNPD”).

(h) “Cookies”: Computer files containing a sequence of numbers and letters that allow, inter alia, to uniquely identify a user’s internet access device, but may contain other information such as their browsing preferences on a particular website. They are downloaded through the browser to the internet access device (computer, mobile phone, tablet, etc.) when accessing certain websites.

2. TO WHOM THIS POLICY APPLIES

The Privacy Policy contained in this Plan applies to all data subjects in respect of whom MOBISMART act as controller, regardless of whether data processing operations are carried out using automated or non-automated means (digital or physical) by MOBISMART.

3. ENTITY RESPONSIBLE FOR TREATMENT AND PURPOSES

3.1. MOBISMART is the entity responsible for the collection and processing of personal data (i) of its employees in the context of the employment relationship; (ii) its social partners, to the extent necessary to pursuit mobismart’s legitimate interest, taking into account its activity and tasks; (iv) of external suppliers in the context of their contractual relationship.

3.2. MOBISMART is the entity responsible for the collection and processing of personal data relating to the sending of communications (including newsletters, newsletters), for knowledge of MOBISMART’s initiatives and events and other information of interest to the public in general, to the extent necessary to continue the legitimate interest of MOBISMART, taking into account its mission and tasks.

3.3. In the course of its activity, MOBISMART collects and processes and personal data for the purposes of fulfilling contracts or legal obligations to which it is bound. If the collection and processing of personal data does not come from a legal obligation, MOBISMART undertakes to ask the holder for the consent of its data to collect and process it.

3.4. MOBISMART acknowledges the need for a legal basis for the inherent processing of personal data and must identify, in any situation, at least one of the following reasons for the processing:

(a) Consent: The Data Subject has given consent for personal data to be processed for one or more specific purposes;

(b) Contractual: Processing is necessary for the performance of a contract of which the Data Subject is a party or for pre-contractual due diligence;

(c) Legal: Treatment is necessary to comply with a legal obligation to which the Controller is subject;

(d) Vital interests: Processing is necessary to protect the vital interests of the Data Subject;

(e) public interest: Treatment is necessary for the performance of a task carried out in the public interest;

(f) Legitimate interests: The processing is necessary for the legitimate interests of the Controller, except where the interests or fundamental rights and freedoms of the Data Subject prevail.

3.5. Personal data are processed and stored by MOBISMART for the purposes defined in the various activities developed by MOBISMART and will be kept for different periods of time, depending on the purpose for which they are intended and taking into account legal criteria, need and minimization of storage time.

4. SUBCONTRACTING MOBISMART may use subcontractors to process the data on its own and in accordance with its instructions. The data communicated to these entities will be only those that are strictly necessary for the pursuit of the purpose for which they were subcontracted by MOBISMART, and these entities are obliged to adopt the technical and organizational measures appropriate to data protection and ensure the defense of the rights of data subjects.

5. RIGHTS OF DATA SUBJECTS

5.1. Under the applicable legislation on the protection of personal data, MOBISMART guarantees, at all times, the exercise of the rights that are legally conferred on data subjects, namely the right of access, rectification, limitation of processing, data portability, opposition and payment (“right to be forgotten”), and may also be opposed to its processing for the purposes of direct marketing.

5.2. For the exercise of the above rights, the data subject may send a written request addressed to MOBISMART (controller), by email (insert), or by mail to (insert). If the data subject considers that there has been an infringement of his rights, he/she may lodge a complaint with a supervisory authority. In Portugal, the supervisory authority is the CNPD. More information about cnpd is available at www.cnpd.pt.

6. SHARING INFORMATION

6.1. MOBISMART does not, as a rule, share the personal data of its owners with third parties. In certain circumstances, certain personal data may, however, have to be communicated to public authorities, such as tax authority, courts and public security forces, where this is necessary to comply with mobismart’s legal obligations to the exercise of public interest functions, for the defense of vital interests of data subjects and/or to pursuit the legitimate interests of MOBISMART or third parties.

6.2. In other cases, if and to the extent that it is necessary to share data to third parties, MOBISMART will request your prior written consent to do so.

7. SECURITY MEASURES

7.1. MOBISMART shall take the necessary technical and organisational measures for the protection of your personal data, against unauthorized, unlawful processing, accidental loss, destruction, damage, including in the event of subcontracting of data processing operations.

7.2. MOBISMART has major concerns about privacy issues and is therefore very interested in ensuring the protection of the security of the personal data made available to you, in order to ensure that your personal data will be collected under the appropriate security conditions. To this extent, MOBISMART has adopted several technical and organizational measures to protect personal data against unauthorized access via the Internet, which also allows to guarantee, with reasonable degree of security, protection, and to prevent the dissemination, loss, misuse, alteration, processing or unauthorized access to them. Your data recorded on our servers is always protected by a login that requires a password, for your security.

7.3. Without prejudice to all the security mechanisms adopted and compliance with all rules of protection of personal data, the data subject should be aware that when surfing the Internet, if his access does not have the necessary protection barriers (antivirus, firewall, antispyware, etc.), his personal data may be seen and used by unauthorized third parties.

7.4. In this context, MOBISMART undertakes to alert data subjects so that they take appropriate precautions that enable greater security while using the Internet, in particular by ensuring that they use a navigation program that allows the use of secure communication.

8. PRINCIPLES FOR THE PROTECTION OF PERSONAL DATA

MOBISMART undertakes to comply with the principles of protection of personal data defined by the GDPR and Law No. 58/2019, including:

8.1. Lawfulness, loyalty and transparency: It means the need for a legitimate basis under which MOBISMART process Personal Data, for example, consent of the data subject, compliance with a legal obligation to which it is subject. Furthermore, it presupposes the duty to clearly inform the data subject of the processing;

8.2. Limitation of purposes: MOBISMART should only request personal data for specific, explicit and legitimate purposes and not process them beyond the purpose for which they were requested;

8.3. Data minimisation: The personal data processed by MOBISMART must be adequate, relevant and limited to what is necessary;

8.4. Accuracy: MOBISMART undertakes to ensure the accuracy and updating of data whenever necessary;

8.5. Limitation of conservation: MOBISMART undertakes not to store personal data for a period longer than necessary for the purposes for which they are processed, although some of them may be stored for statistical purposes;

8.6. Integrity and confidentiality: MOBISMART undertakes to have adequate security controls in place to protect data against unauthorized and illegal processing, loss, destruction or damage, including technical and organizational measures such as defined process, training and awareness.

9. COOKIES

9.1. MOBISMART may use ‘cookies’ to help determine the usefulness, interest and number of uses of its website, available at www.mobismart.pt (“Website”), allowing faster navigation, eliminating the need to repeatedly enter the same information.

9.2. Cookies are small text files automatically placed on the user’s computer or mobile device when you visit a website. The user’s Internet browser stores cookies. Cookies contain basic information about your use of the Internet, but do not usually identify you personally. Your browser sends these cookies back to the website each time you visit the same website again, so that the website can recognize your computer or mobile device and personalize and improve your website experience. For example, on its Website, MOBISMART uses cookies to understand what interested the data subject in relation to the MOBISMART Website, so that mobismart can present them with more relevant and useful features on their next visit. MOBISMART also uses cookies to analyse how visitors use their Website.

9.3. Cookies used by MOBISMART respect anonymity and are not used to collect any personal information. Nine, four. The data subject can manage cookies through the settings of his Internet browser. Most browsers allow you to block cookies or block cookies from specific websites. Browsers can also help you delete cookies when you close your browser. You should, however, take into account that if you do so, the opt-outs or preferences previously defined on the Website will be lost. We also remind you that if you choose to delete cookies, your access to some features and areas of our Website may be impaired or limited.

9.4. To learn more about cookies, including how cookies are set, how to manage and delete them, visit the www.allaboutcookies.org website, which provides information on how to manage the settings of most browser providers.

10. CHANGES TO OUR PRIVACY POLICY

10.1. MOBISMART reserves the right, at any time, to re-adjust or change this Privacy Policy. These changes are duly advertised on this Website. If the data subject needs any further clarification, you can contact MOBISMART by e-mail at info@mobismart.pt.