About us

The Agapiers Application is a product belonging to the Agap2IT Brand owned by the Collective Person MoOngy S.A. Through a mobile environment, this product aims to facilitate and integrate Agap2's internal operations (registration for training, registration for events, etc.). Through this application, the user will have access to a simplified environment that will allow him to have access to the latest Agap2 news in his hand through a mobile device. The application was developed for Android and IOS services.

Located in Rua Sousa Martins, no10, Lisbon, within the scope of its consulting and engineering services, has the need to collect and process personal data of candidates, employees, customers, suppliers and third parties.

Being the protection of the privacy and personal data of all those who interact with AGAP2IT a concern and priority for us, has been elaborated the present privacy policy. This way it is possible to communicate in a clear and transparent way the good practices related to this process.

All personal data provided will be treated with the guarantee of security and confidentiality required by the legal framework regarding the protection of personal data.

Background

This policy describes a set of guidelines, rules, and principles that AGAP2IT must observe to ensure the protection of the rights of the data subjects.

AGAP2IT undertakes to comply with this policy in accordance with the obligations of the Regulation 2016/679 /EU of the European Parliament and the Council from 27 April 2016 (General Data Protection Regulation), on the protection of individuals about the processing of personal data and the free movement of such data (hereinafter referred to as "GDPR").

In this sense, AGAP2IT seeks to ensure that its internal procedures are compliance with the legal obligations of the Regulation and that the personal data of its employees, customers, suppliers or service providers and any other data holders whose personal data AGAP2IT processes in the exercise of their activity, are treated in accordance with the current regulatory and legal standards and kept safely.

Data controller

Moongy, S.A. detainer of the brand AGAP2IT, localized in Rua Sousa Martins, No. 10, Lisboa, enrolled in the Conservatória do Registo Comercial de Lisboa under the registration number and legal person 507 431 073 acts has the Data Controller for the processing of personal data, committed to apply the necessary technical and organizational measures, taking into account all the aspects that may influence the GDPR Compliance fulfilling the fundamental rights of the Data Subjects. To this task, Moongy S.A. has technologic measures (“privacy-enhancing technologies”) that we seek to constantly upgrade, having collaborators specially assigned to this purpose, revealing our concerns and commitment to the Data Subjects. Besides this, we maintain a nature register of the scope, context, and finalities of the treatments about the stored data that allows us to ensure and prove that the treatments are realized with the guarantee of a total Data subjects protection has a commitment that attests our responsibility.

Contact Details:

• Postal address: Rua Sousa Martins, No. 10, Lisboa. 1050 – 218 Lisboa

• Phone number: 21 313 7680

• E-mail: gdpr@agap2.pt

  Application and scope

  The Present Privacy Policies applies to the collaborators, Data Processors, Joint Controllers, clients, site user’s, trainees, and candidates operating in this Company Universe.

  To effect of the present Privacy Policy, each company detains her own legal registration number having her own Privacy Policies independent and autonomous (however, it’s detained by the Group Moongy, S.A.) for responsibility effects, each company (and they’re assents) are independent, not being responsible any of these entities for the acts or omissions of the other entities in the group on what concerns to data privacy aspects.

  Global Projects Department (GPD)

  Among other responsibilities, this department that is aware and is always involved, in adequate and useful time in all the questions about personal data protection, having in consideration the risks associated to the data treatment operations, such as the nature, scope, context and

purposes. Must still watch over the compliance of all the established with the purposes of preserve the secrecy of the data.

In what concerns to Data Subjects Rights (DSR), Personal Data Breach Communications (PDBC) and other communications relative to GDPR, this is the contact point.

Contacts:
• Global Projects Department: gdpr@agap2.pt

YOUR PERSONAL DATA

What is Personal Data?

Personal data is the information relative to a Singular Person (Natural Person) identified or identifiable (Data Subject) excluding from its scope the data relative to Legal Persons. It’s considered identified a Natural Person that can be identifiable, direct, or indirectly, in special references to an identificatory, for example, a name, an ID number, tracking data, etc.

Any specific element of the physical, physiological, genetic, mental, economic, cultural, or social identity of a natural person.

Which data do we need to treat?

The collectible data is the strictly necessary being limited to the purposes for which they are intended, which are determined, explicit, legitimate, and kept for the strict period in which they may be necessary for their purpose. Personal data must be processed lawfully, fairly, and transparently in relation to the data subject.

To the Compliance of the Company’s activity and has a Data Controller, Moongy, S.A. needs to collect and treat the following data:

What is the purpose of the treatment?

Legal Purpose of treatment

The Purposes of treatment of the personal data are determined by the execution of diverse kinds of formalized contracts that become needed to continue the entire activity of the company, among them we state:

• The execution of the service provision contracts that we maintain with our customers;

• Employment contracts we have with our employees;

• Management of internal processes for customers and employees;

• Accounting, fiscal and administrative management;

• Litigation management;

• Physical security control and compliance with legal obligations.

  In GDPR terms, we are legitimated by the following legal purposes (Lawfulness of Processing):

1. Execution of contracts or pre-contractual steps – Processing is necessary for the conclusion, execution, and management of contracts to which the data subject is a party, or at the request of the data subject.

2. Compliance with Legal Obligation – For the fulfillment of a legal obligation to which the company is subject. For example, communication of tax data.

3. Pursuing a legitimate interest, such as the safety of people and goods, the improvement of the quality of a service, to promote transparency within the scope of Social Responsibility. Moongy, S.A. performs a duly registered balancing test that ensures the legitimacy of the treatment.

4. Consent - Whenever the legal grounds listed above are not applicable, Moongy, S.A. requests the Data Subject's Consent. Consent is a free, specific, informed, and explicit expression of will through an unequivocal (and written) declaration or act in which the Data Subject authorizes the Treatment.

The withdrawal of consent can be requested at any time, by sending a simple request to the email address: gdpr@agap2.pt .

The Personal Data collected by us will be treated and kept according to the purposes and for the minimum period legally necessary.

Whom can we share your data?

Moongy, S.A. may, in the scope of its basic activities, disclose the data collected to fulfill the purposes indicated in this policy, being provided to the entities of the Moongy, S.A. network’s only the data strictly necessary for the execution of the service, based on the fulfillment of legal obligation (for example salary processing or any tax obligation that requires it), and may also, to the strictly necessary, be communicated to official entities whenever this is legally required and may be handled by suppliers of the company (for example internal and external auditors that allows us to preserve and improve the quality of the service). In the case of the "2agapiers" Program, the top 10 best participants will have their names revealed in the public space of the platform, in order to provide the recognition and promotion of the competitive environment characteristic of these events.

In this sense, the entire scope of this policy extends to the treatments of third parties and data processors, considering:

• Compliance with the treatment of the GDPR, this privacy policy and a legal, fair and transparent treatment;

• The data collected are merely instrumental to our activity, intended to pursue a certain, specific, and legitimate purpose. Any further processing cannot be incompatible with the specific purposes;

• The data collected will be those strictly necessary for the purpose, which are adequate, relevant and necessary for the purposes and collection of treatment, taking into account the principle of data minimization;

• The data will be kept accurate and updated in order to guarantee the principle of accuracy and guaranteeing their integrity and confidentiality;

• Still regarding integrity and confidentiality, there cannot be any illegal and/or unauthorized treatment in order to prevent any loss, destruction, or damage to data by adopting all appropriate technical and organizational measures;

• The conservation of the Data Subject's data is a concern for Moongy, S.A., therefore, the data will remain identifiable solely and exclusively for the necessary period to fulfill the purposes for which the data’s processed.

  How do we design new products?

  Whenever a new product is developed, it is ensured in the design itself (as a primary aspect) that it has the most advanced technical and organizational measures available to Moongy S.A. (taking into account the risks arising from the treatment for the rights and freedoms of the data, as well as the arising risks to the treatment for the rights and freedoms of the natural persons, being aware of the variability, probability and severity) while maintaining privacy as a pillar throughout the processing process. In this way, the application of all the principles determined by the GDPR from conception is guaranteed, protecting Data Subjects, and ensuring the rights of data subjects.

  In short, Moongy, S.A. is commited to implement and have privacy present in the product development phase and throughout the treatment to ensure data protection from the very conception of the product (“Privacy by Design”).

  How long will the data be kept?

  The data will be kept for: the period necessary for the purposes they are intended too, and they are processed within the scope of our activity; the case of the game "2agapiers" will be kept for one year; for a maximum period of 5 years for staff selection and recruitment; for the periods required by the legal obligations to which we are subjects.

YOUR RIGHTS

Rights of the data subject

The Data subject has the following rights, which he can easily and free of charge request, through the following e-mail: gdpr@agap2.pt

Only in case of manifestly unfounded or excessive requests may a fee be charged for the exercise of these rights (in accordance with article 15, No. 3 from GDPR).

Right of Opposition

The data subject has the right to objects at any time, for reasons relating to his particular situation, to the processing of personal data concerning him.

In this case, the controller ceases the processing of personal data, unless he presents compelling and legitimate reasons for such processing prevail over the interests, rights and freedoms of the data subject, or for the purposes of the declaration, exercise or defense of a right in judicial proceedings.

Access Right

The data subject has the right to question whether or not the data is being processed and, if so, the right to access their personal data and to be provided with the following information:

1. Purpose of the treatment;

2. Categories of data to be processed;

3. Third parties to whom the data will be disclosed;

4. Expected retention periods or, if this is not possible, the criteria used to set

   that period;

5. Existence of the right to request rectification, erasure, limitation of

   treatment or opposition to the treatment;

6. Security and destination measures related to the transfer of data to third

   countries;

7. Right to lodge a complaint with the supervisory authority.

The data subject also has the right to obtain a copy of the personal data being processed.

Rectification Right

The data subject has the right to request and obtain the rectification of inaccurate data and to request that incomplete personal data is completed without undue delay.

Right to be Forgotten

The data subject has the right to request the erasure of his personal data, without undue delay, whenever they are no longer accurate for the purpose that motivated their collection or treatment. He may also decide to withdraw his consent to the processing of his personal data whenever he wants to enjoy the right to oppose it.

There are some exceptions to this right, such as, if they are against the exercise of freedom of expression and information, if they are necessary for the fulfillment of legal obligations, if they are necessary for reasons of public interest or public health, if they are necessary for archival matters of public interest, scientific, historical research, for statistical purposes or the exercise or defense of rights in legal proceedings. In these cases, the data subject must be informed of the reason why it is not possible to respond to his request.

Right to limitation of Treatment

The data subject has the right to limit/restrict the processing of his/her personal data whenever one of the following situations occurs:

1. If the data are inaccurate and they are contested during the period in which it is possible to verify their accuracy;

2. If the treatment is unlawful, but the data subject opposes to the end of the treatment and only wants to limit its use;

3. If the data controller no longer needs the data for processing, but such data required by the data subject for the purposes of declaring, exercising or defending a right in a judicial process;

4. If at any time you have objected to the respective processing and it has not ceased (i) for imperative and legitimate reasons presented to the controller or (ii) for the purposes of declaring, exercising, or defending a right in a legal proceeding.

In the situations listed above, you may be asked to suspend processing or limit the scope of processing to certain categories of data (for example only providing full name and address) or even specific processing purposes.

Notification Right

Whenever the data subject is requested to rectify, erase or limit the processing of data, the person responsible for the treatment informs the data subject that he has proceeded in accordance with the request, unless such communication proves impossible or involves a disproportionate effort. If the data subject so requests, the controller provides information on said recipients.

Data Portability Right

The data subject has the right to receive personal data concerning him in a structured, commonly used, and machine-readable format without Moongy S.A. being able to object under the terms of article 20 No. 1 of the GDPR:

• if the processing is based on a contract;

• the data subject has given consent;

• processing is carried out by automated means.

  How can I exercise my rights?

  To exercise any of these rights or for any questions regarding the processing of their personal data, the data subject must address a request to the person responsible for processing, the e- mail address to make the request: gdpr@agap2.pt.

Although these rights are clarified to the data subject when collecting the respective personal data, in case of doubts, the data subject can contact the person responsible for the treatment by e-mail: gdpr@agap2.pt.

RESPONSABILITIES

How do we Protect your Data?

Moongy, S.A. has been working to maintain and preserve personal data providing a high level of security. In compliance with the principle of security, secrecy, and privacy, we guarantee the processing of your data only by authorized persons, only accessing and processing your data by those who have the legitimacy to do so, always doing so in a confidential manner. The “need-to- know” principle was adopted, where employees can only have access to personal data if it is strictly necessary for the performance of their duties. Treatment outside this scope is considered prohibited and submitted to disciplinary sanctions, in accordance with our internal security and confidentiality policies and procedures, which are periodically updated as necessary.

Depending on the nature, scope, context, and purposes of data processing, as well as the risks arising from the treatment for the rights and freedoms of the data subject, we apply, both when defining the means of treatment and when processing, the necessary and appropriate technical and organizational measures for data protection.

Employees are not allowed to use personal data for private or economic purposes, transmit them to unauthorized third parties and/or allow access in any other way.

Moongy, S.A. also undertakes to ensure that, by default, only relevant, necessary, and appropriate data will be processed for each specific purpose of the treatment and that such data are not made available without human intervention to an undefined number of people.

Although this is not foreseen, if the transfer of personal data to countries outside the European Union is carried out, the applicable legal provisions are observed, namely regarding the determination of the suitability of such country regarding data protection and the requirements applicable to such transfers.

Security measures were also defined, ranging from best practices to the prevention of external threats. These are described in the security policy. If you wish to have access to it, you can request it by sending an e-mail to: gdpr@agap2.pt

Global Projects Department

The DPG is responsible for:

1. Act on behalf of the Data Controller with respect to all duties and obligations under the GDPR;

2. Monitor and control the compliance of processes with the GDPR and with the policies implemented properly and in a timely manner;

3. Ensuring that it has all the resources necessary for the performance of its functions;

4. Act as a point of contact for requests from data subjects regarding the processing of

   their personal data and the exercise of their rights;

5. Carry out an impact assessment on data protection if a certain type of treatment so

   requires.

Violation of Personal Data

It is considered a violation of personal data any act that calls into question the security of the data, in an accidental or unlawful manner, and causes the unauthorized destruction, loss, alteration, disclosure or access to personal data transmitted, stored or subject to any other type of treatment.

We can firmly declare that Moongy S.A. has been working to maintain and preserve personal data with a high level of security. However, small, unexpected deviations may occur.

If any of our candidates, employees, customers, data processers or third parties detect or suspect of a possible personal data breach, they should immediately send an email to gdpr@agap2.pt, indicating what has happen, as well as identify the data that may be involved. In this way, the responsible department can act quickly and adequately, in accordance with the rules established in the Regulation.

In case of a data breach and to the extent that such breach is likely to entail a high risk for the rights and freedoms of customers, workers and other employees and/or partners, we undertake to report such breach to Comissão Nacional de Proteção de Dados (CNPD), within 72 hours of becoming aware of the incident, and to the holders of personal data whenever such breach is likely to entail a high risk for their rights.

Revocation and Consent Management

The user may, at any time, revoke or change the previously granted consent preferences. To do this, simply access the cookies management tool.

The use of cookies can also be defined in your browser preferences, namely in the privacy options. For this purpose, we recommend that you consult the help section/menu of your browser (browser) or visit the respective provider's web pages.

Complaint to the Supervisory Authority

Although the existence of Moongy, S.A. commitment to resolve any type of situation. The Data Subject has the right to file a complaint to the competent authorities (CNPD) if any of the rights is denied.

From the competent authority:

Comissão Nacional de Proteção de Dados
Av. D. Carlos I, No. 134 - 1.o
1200-651 Lisboa / Portugal
Tel: +351 213928400 / Fax: +351 213976832 / E-mail: geral@cnpd.pt www.cnpd.pt

Changes to the Privacy Policy

Moongy, S.A. reserves the right to change this Privacy Policy at any time, being that change duly published here.

In any case, we suggest that you review this Policy regularly so that, in the event of changes or updates being introduced, you can always be properly informed about them.

Applicable Law and Jurisdiction

The privacy policy as well as the collection, processing or transmission of data from customers, employees and partners are governed by the provisions of regulation (EU) 2016/679, of the European Parliament of the Council, of April 27, 2016 and by the applicable legislation and regulations. In Portugal, namely Law No. 58/2019 of 8 August.

Any Disputes arising from the validity, interpretation, or execution of the Privacy Policy, or that are related to the collection, processing, or transmission of Customer data, must be submitted exclusively to the jurisdiction of the judicial courts of the District of Lisbon, without prejudice to the legal imperatives rules applicable.

Contact

If you have any doubts, wish to exercise your rights, suggestions or complaints regarding Data Protection and this Privacy Policy, you can contact us at our email address: gdpr@agap2.pt