Privacy and Personal Data Protection Policy

For Bebé Vida, Ciências para a Vida, SA, the trust of its customers is an extremely important asset. This trust also depends on the personal data that is made available to us. For this reason, the accuracy, confidentiality, availability and integrity of those is a decisive aspect in our practice. Thus, we base our performance on the most demanding and absolute privacy protection standards, in strict compliance with the applicable legal requirements.

Bebé Vida, Ciências para a Vida, SA, headquartered at Avenida da França, 476/486, 4050 – 277, Porto, registered at the Commercial Registry Office of Porto, under registration number and legal person 507 124 359, with a share capital of € 150 000.00 (hereinafter called BebéVida) has as its fundamental premise and concern the protection of the personal data of the holders with whom it establishes a relationship.

Seeking, on the one hand, to strengthen the privacy and protection of personal data and, on the other, to ensure compliance and compliance with Regulation (EU) 2016/679, of the European Parliament and of the Council, of 27 April 2016, on the protection of natural persons with regard to the treatment of their personal data and their free movement (GDPR), BebéVida has reformulated its privacy and personal data protection policy, which it discloses here.

As part of the provision of stem cell cryopreservation and storage services, both for blood and umbilical cord tissue, BebéVida has to collect and process personal data from customers, potential customers or simple stakeholders who seek and request information about their activity, as well as employees, candidates for employees and business partners, these when in the exercise of that partnership in individual form.

It is true that the use of BebéVida’s “website” is made, with only the data of the IP address (internet protocol), browser, operating system and Internet search engine being collected and retained and kept on the servers for the period of 30 days, anyone wishing to obtain more information about the company’s activity and services available, sign up for an event, request a service or product presented or available in it or be included in any commercial campaign, will have to provide personal data that will be collected and treated by BebéVida, either through that medium, or through the other mediums and channels at its disposal. This collection and processing of personal data is carried out in accordance with and under the terms of this Privacy and Data Protection Policy.

 

1. Definitions

A) Personal data – is all the information related to an identified or identifiable natural person, which in this way allows, directly or indirectly, to identify a person, such as the full name, address, IP address (internet protocol) ), taxpayer number, citizen card number, telephone contact number, e-mail address, date of birth, or one or more elements specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that individual (includes so-called special categories of data);

B) Processing of personal data – any operation or set of operations carried out on personal data, with or without automated means, such as the collection, registration, organization, conservation, adaptation or alteration, recovery, consultation, use, disclosure by transmission, diffusion or any other form of availability, comparison or interconnection, as well as limitation, deletion or destruction;

C) Holder of personal data – Any natural person, identified or identifiable, to whom the data subject to treatment under the terms and based on one of the legal foundations below, in this policy belong;

D) Responsible for data processing – The natural or legal person, the public authority, the agency or other body that, individually or in conjunction with others, determines the purposes and means of processing personal data. The data controller for the purposes of the General Data Protection Regulation (GDPR) – Reg. 2016/679 of the European Parliament and the Council of the European Union and other legal data protection instruments, in most situations provided for in this policy, it is Bebé Vida, Ciências para a Vida, SA; Avenida da França, 476/486, 4050 – 277, Porto; e.mail – geral@bebevida.com; tel: 228328411;

E) Subcontractor – A natural or legal person, a public authority, agency or other body that processes personal data on behalf of the person responsible for processing them;

F) Data protection officer Under the terms of paragraph c) of paragraph 1 of article 37 of the GDPR, BebéVida proceeded to designate a Person in Charge of Protection of Personal Data. He can be contacted by e.mail: dpo@bebevida.com.

 

2. Principles of processing personal data

Personal data will be subject to a lawful, fair and transparent treatment by the person responsible for it (principle of lawfulness); The procedures will be adequate, relevant and limited to what is necessary, bearing in mind the purposes for which they are treated (principle of data minimization); The personal data collected will be used for specific, explicit and legitimate purposes and will not be further processed incompatible with such purposes (principle of limitation of purposes); All appropriate measures will be taken so that inaccurate data, taking into account the purposes for which they are processed, are erased or rectified without delay (principle of accuracy).

The data will be kept in a way that allows the identification of the data holders, only for the period necessary for the purposes that motivated its collection and for which they are processed (conservation principle);

The data will be treated in a way that guarantees its security, including protection against its unauthorized or illicit treatment and against its accidental loss, destruction or damage (principle of integrity and confidentiality).

 

3. Collection and Processing of Data

a) BebéVida is, in most applicable situations, the entity responsible for the collection and processing of personal data used in the context of the services it makes available, collected and obtained through the various channels and means used for this (website, telephone, social networks) , events) and who determines the means of treatment and the purposes for which they are used;

b) BebéVida collects personal data from the holders, or through third parties (business partners, situation in which the company undertakes to comply with all applicable legal requirements and to formalize the need to comply with all legal obligations with the notifiers ) according to the principles established in the legislation, through online forms, printed forms, telephone calls and face-to-face meetings, provided when registering on the site, face-to-face meeting, telephone contact or use of the social network, these biographical and personal identification such as full name, address, telephone contacts, e-mail address, CC elements (citizen’s card), TIN (tax identification number), date of birth, baby’s name, privacy data such as the expected date of delivery, photography (this, among others already mentioned, when collected by the social network) and those of the IP address ( internet protocol), browser, operating system and internet search engine, when collected through the referred site and retained there for the period indicated above, for several of the purposes set out in the following number and upon the provision of the consent of the holder, in situations of organization events, sending information about cryopreservation services and commercial proposals, special offers and marketing campaigns and capturing 3D / 4D images;

c) In addition, for the purpose and by virtue of the signing and execution of the cryopreservation and storage contract for stem cells, both of blood and umbilical cord tissue, communication by the titleholder and consequent collection and treatment, in addition to several data referred to in the preceding paragraph, sensitive data relating to health status, clinical history, genetics, family history, family characteristics, behaviors and lifestyle habits, analytical tests, which results from an obligation imposed by law 12/2009 of 26 / 3, with the amendments to laws 1/2015 of 8/1 and 99/2017 of 8/25, and which establishes the legal regime of quality and safety related to donation, collection, analysis, processing, preservation, storage, distribution and application of tissues and cells of human origin;

d) With a view to obtaining financing, for payment of the contracted services, from the banking entities with which the company has established partnerships and protocols for that purpose, communication and the consequent collection and treatment will be necessary, upon the consent of the holder, data relating to the holder’s wealth, professional, economic, financial and family situation, in which BebéVida acts as a subcontractor;

e) For the purpose of entering into, executing and terminating employment contracts, commercial partnerships and supplies by individual providers, the necessary data are collected and processed at the time of the conclusion of the same or the pre-contractual procedures initiated or for those ends;

f) In order to ensure and manage the security of people and goods, images of users, visitors and customers may be collected at the company’s facilities, using security means and procedures, within the scope of video surveillance;

g) The data subject must give his consent, under the terms of the current legislation applicable to the protection of personal data, for the purpose of processing them, in all circumstances described in this policy and in that legislation, in which this is required for fulfillment of the purposes that presuppose the same consent;

h) Those consents may be withdrawn, at any time, under the terms of the currently applicable legislation and in force with regard to the protection of personal data;

i) The data subject is informed, under the terms of the current legislation applicable to the protection of personal data and the quality and safety related to the donation, collection, analysis, processing, preservation, storage, distribution and application of tissues and cells of origin that, due to pre-contractual measures, the cryopreservation contract entered into and for the provision of the inherent contracted services, certain personal data absolutely necessary for the execution of the contract will be transmitted to other entities, partners and suppliers, that collaborate and participate in the pursuit of the provision of BebéVida’s characteristic services; Except for the type of situation described, the personal data collected will not be transferred to third parties, without the prior consent of the holder;

j) When collecting data through contracts or through direct contact with the titleholder, they are informed of their rights, “directed” to this privacy and data protection policy and asked for their consent, when applicable, for processing data, in the terms and in the form in which it appears in the forms to be filled out;

k) When collecting data through the website and in the fields intended for it, the user is “directed” to this privacy and data protection policy that he must read, understand and accept, as well as provide his consent, when applicable ;

l) In the case of telephone contact, the employee who answers the call informs the person concerned that he / she will then send an email message with the person’s data, asking him / her to respond, giving his express consent to the data processing;

m) Likewise, in the situation of contact through social networks, the employee who interacts with the user or who handles the request, informs the person concerned who will then send an email message with the person’s data , asking you to respond by giving your express consent to the processing of data.

4. Purpose of data processing

A. Personal data collected within the scope of the preceding paragraph will be processed for the following purposes:

• Organization of events (meetings, information sessions and others);
• Formalization and sending of commercial proposals;
• Pre-contractual arrangements, such as sending a cryopreservation kit;
• 3D / 4D ultrasound imaging;
• Execution of contracts for the provision of cryopreservation services;
• Provision of contracted services for the cryopreservation of blood and umbilical cord tissue;
• Use of financing for full payment or installments of contracted services;
• Administrative, accounting and tax management, including billing and accounting;
• Direct Marketing Campaigns;
• Use of means and procedures for the security of people and property that may, in some situations, lead to the collection of images in the scope of video surveillance;
• Recruitment of candidates for employees in such procedures;
• Conclusion, execution and termination of employment contracts;
• Signing of contracts with suppliers and business partners;
• Compliance with legal obligations arising from the employment relationship;
• Compliance with other legal obligations, including tax matters;
• Restricted, conditioned and limited access to rooms and special compartments, in the company’s facilities;
• Geo-location and monitoring of routes made by the company’s vehicles used in the exercise of the activity.

B. The processing of data referred to in the previous number is lawful and justified to the extent that:

• The data subject has given his consent for the processing of his data, for one or more specific purposes;
• Processing is necessary for the performance of a contract, to which the data subject is a party or for pre-contractual steps, at the request of the data subject;
• Processing is necessary to fulfill a legal obligation to which the controller is subject;
• The processing is necessary to defend the vital interests of the data subject or another natural person;
• Treatment is necessary for the exercise of public interest functions;
• Processing is necessary for the purpose of the legitimate interests pursued by the controller.

5. Personal data recipients

1. In order to be able to successfully complete the provision of its services, or in compliance with legal obligations, BebéVida may have the need to transmit and communicate them to third parties, either to those operating within the scope of supplies and commercial partnerships established with it, either to the officers.
2. BebéVida, whenever transmitting data under the preceding paragraph, will do so to competent and qualified entities that apply privacy and data protection requirements and procedures similar to those established by it.
3. In certain circumstances and in the face of certain constraints, for the purpose of maintaining and preserving public health, BebéVida will have to communicate personal data to the General Directorate of Health and to the Portuguese Institute of Blood and Transplantation, in compliance with the obligation imposed by law applicable.

6. Personal data period of retention

Without prejudice to the provisions of legal or regulatory rules that provide otherwise, the data will be kept only for the minimum period necessary for the purposes that motivated its collection and / or its further treatment, or until the holder validly exercises one of his rights (right to erase data, right to withdraw your consent or right to object to the processing).

The data will be processed and kept: – for the duration of the contractual relationship between Bebé Vida and its customers, – for the period of time resulting from the consent given or – for the period of time necessary to safeguard BebéVida’s legitimate interest.

For certain purposes, there are minimum legal deadlines that have to be met, situations in which they will be maintained and maintained in accordance with the respective legislative instrument.

7. Rights of personal data howners

A. Data holders are informed that they can exercise the right to request BebéVida access to personal data concerning them, as well as their rectification or erasure, and the limitation of treatment as far as they are concerned, the right to oppose the processing, as well as the right to data portability, in legally admissible cases, under the terms of articles 16 and following of the GDPR.

B. Whenever the data processing is based on consent, the data subject has the right to withdraw that consent at any time, without compromising the lawfulness of the processing carried out based on the consent previously given.

C. The data subject also has the right to lodge a complaint with a supervisory authority, or the right to legal action against the supervisory authority or the controller or controller, under the terms provided for in articles 77, 78 and 79 . Of the General Regulation on Data Protection.

D. The exercise of the aforementioned rights can be done by direct contact with BebéVida through the telephone number 228328411, through the data subject request form available on the website, by email to geral@bebevida.com, dpo@bebevida.com. with or in writing to Av.ª da França 476/486, 4050 – 277, Porto.

E. BebéVida sometimes needs to contact its customers for the purpose of marketing campaigns, dissemination of information, products, services or others, through the various channels at its disposal, unless the holder, at the time of collection and availability data has expressed its opposition.

If you do not wish to receive further communications of that type, you can object to this and express your wish through the email address – dpo@bebevida.com – or the field / form mentioned above, available on the website.

8. Security measures

a) BebéVida assumes a commitment to privacy and to guarantee the protection of the personal data of the holders who made them available, having implemented the best practices, technical and organizational measures existing and appropriate in order to protect the personal data from any destruction, loss, alteration , dissemination, improper access or any other form of accidental or illicit treatment, under the terms and in compliance with the legislation in force with regard to the protection of personal data.

For this purpose, all data collected and processed in a lawful, fair, transparent and limited to the authorized purposes, are kept, saved and stored safely, through the application of the best and most appropriate techniques and security measures recommended and adopted by the company. .

b) Data transmission is carried out with the use and use of secure connections (HTTPS), which means that it is done in encrypted form, using RSA encryption through the application of public and private (asymmetric) keys. In addition, the use of the SSL (Security Sockets Layer) protocol allows the transmission of all (sensitive) data over the Internet, to be carried out securely, with the safeguarding of privacy and minimizing the risk of data interception during communication.

c) Notwithstanding and despite all the security measures adopted, BebéVida suggests that the data subject takes all possible precautions to protect his personal data, as an Internet user, specifically and specifically, changing his password for accessing regularly use a computer and browser updated in terms of security and antivirus, and additionally guarantee and try to make sure the authenticity of the sites you visit on the internet.

9. Privacy policy changes

BebéVida reserves the right to change this policy at any time.

The changes that will be introduced will be published on the website www.bebevida.com/en, with mention of the date of entry into force.

10. Applicable law and competent jurisdiction

A. This Privacy and Data Protection Policy is governed by Portuguese law.

B. For the resolution of any question and / or dispute that may arise, concerning the application of the Terms and Conditions of this policy, the jurisdiction of the District of Porto is exclusively competent, with express waiver of any other.