Privacy Policy

As a consequence of the immeasurable development of technology, citizens’ personal data are subject and exposed. As such, here, at APE, we guarantee their total confidentiality and secrecy and we abide by the following privacy policy, showing our users and/or current or future customers that they can trust our company to acquire/carry out their projects/services, because we protect them very carefully. First of all, it should be noted that the Law on the Protection of Personal Data transposes into Portuguese law Directive no. 95/46/EC, of the EP and of the Council, of 24/10/95, on the protection of individuals with regard to the processing of personal data and on the free movement of such data, with the Assembly of the Republic having decreed, under the terms of paragraph c) of article 161, paragraph c) of article 165, paragraph b) and c) of paragraph 1 of article 165, and paragraph 3 of article 166, paragraph 3 of the Constitution, to be valid as general law of the Republic, the provisions contained therein. The Assembly of the Republic has decreed the provisions of this law, pursuant to article 161(c), 165(1)(b) and (c), and 166(3) of the Constitution, to be valid as general law of the Republic. It is important to emphasize that the general principle of the law in question is the processing of personal data, which must be processed transparently and with strict respect for the protection of privacy, as well as the fundamental rights, freedoms and guarantees patented by the Constitution of the Portuguese Republic. Thus, it will never be too much to highlight and define the concepts concerning it, in order to better elucidate all the people who, with us, may/may be connected and, with them, we may have to maintain a link or simply an experience of use and/or visit to our site. As such, under the terms and for the purposes of the provisions of Article 3 of the Law mentioned below, the following definitions shall apply: a) ‘Personal data’: any information, of whatever nature and whatever its medium, including sound and image, concerning an identified or identifiable natural person (‘data subject’); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his/her physical, physiological, mental, economic, cultural or social identity; b) ‘processing of personal data’ (‘processing’): any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction; ( c) ‘personal data filing system’ (‘filing system’): any structured set of personal data, accessible according to specific criteria, whether centralized, decentralized or functionally or geographically distributed; (d) ‘controller’: the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data; where the purposes and means of processing are determined by laws or regulations, the controller shall be indicated in the law on the organization and functioning or in the statute of the entity legally or statutorily competent to process the personal data concerned; (e) ‘processor’: the natural or legal person, public authority, agency or any other body which processes personal data on behalf of the controller; (f) ‘third party’: the natural or legal person, public authority, agency or any other body which, not being the data subject, the controller, the processor or another person under the direct authority of the controller or the processor, is entitled to process the data; (g) ‘recipient’: the natural or legal person, public authority, agency or any other body to whom personal data are disclosed, whether a third party or not, without prejudice to the fact that authorities to whom data are disclosed under a statutory provision shall not be regarded as recipients; (h) ‘consent of the data subject’: any freely given, specific and informed indication of his or her wishes by which the data subject agrees that his or her personal data may be processed; i) ‘Interconnection of data’: a form of processing consisting in the possibility of relating data in a file to data in a file or files held by another controller or other controllers, or held by the same controller for another purpose. The protection of privacy and personal data is a priority for APE and a clear commitment made by us. This policy concerns the privacy practices of the online portals and websites managed by APE. Any personal data you provide to us will be treated with the security and confidentiality guarantees required by the legal framework on personal data protection. Access to and use of the sites under APE ‘s responsibility shall be free on the part of the user assuming that APE has read, understood and accepted the Terms and Conditions for their use. Any attempts to alter the information or any other action which may cause damage and jeopardize the integrity of the system are strictly prohibited under current legislation. The user of this site undertakes to scrupulously comply with the applicable legislation, particularly with regard to computer crime and intellectual property rights, and is solely responsible for the infringement of these regulations. APE guarantees the users of the website www.theape.pt full transparency and control over the collection and use of their personal data, adopting the legally required levels of security and data protection. The information to be collected by www.theape.pt respects all ethical and legal standards in force. Users warrant that the personal data provided to www.theape.pt are true and shall communicate any changes thereto, under penalty of civil and/or criminal liability in the event of false identification, false statements, falsification of documents and others which may give rise to civil or criminal proceedings and which may be damaging to APE. APE will not be liable if the data provided are false of any kind because it is assumed that the data provided by the Users are true and belong to them. With the General Data Protection Regulation having come into force on May 25, 2018, and as we know you care about your personal data, the privacy policy that follows has at its core to set out the rules of the privacy policy legislation and protection of personal data of individuals and companies. The main procedures and rules to be followed are the following:

• Informing data subjects;
• The exercise of data subjects’ rights;
• The consent of the data subjects;
• The nature of the data;
• Documentation and registration;
• Subcontracting;
• Data security and handling processes.

APE respects your right to privacy and does not collect any personal information about you on this website without your explicit request or consent. Interaction with APE ‘s websites does not require any information from you except when, for purposes expressly identified, registration is declared necessary and is authorized by you, as defined below. Data quality and information to data subjects:

• Legitimacy,
• Treatment,
• Interconnection of personal data and
• Right to information, data security and confidentiality,
• Treatment by subcontractor,
• Professional secrecy.

 Commitment to accountability, access, control and data handling: APE as the data controller:

• It ensures that your personal data is processed only for the purposes for which they were collected or for purposes compatible with those purposes;
• It collects, uses and keeps only the minimum personal data necessary and sufficient for the purpose in question and/or those provided by the User which it deems relevant to the process in question and which APE would otherwise not have access to except by providing the User.
• It does not transmit any personal data for commercial or advertising purposes, unless it is necessary for the continuation of the project in question and at the request of the user, namely, for campaigns to publicize its services, campaigns in social networks, dissemination of data on sites, blogs and other digital platforms that may be relevant to the project in question and that was previously requested by the user.
• It processes personal data for legally prescribed purposes or for the pursuit of online services at the customer’s request.
• With regard to access to personal data, we make it possible, at your request, to access, rectify and delete personal data. You also have the right to object to the processing of your personal data. If the use of your personal data is based on consent, you have the right to withdraw it, without jeopardizing the validity of the data processing carried out up to that point.

In view of the privacy policy and all the requirements inherent to it, at APE we are committed to protecting and respecting your privacy and, consequently, your data. Thus, our clients’ and visitors’ data are confidential and used only and exclusively internally, thus avoiding any attempt at fraud or other situations that may jeopardize your data (According to article 5 of the Law for the Protection of Personal Data which transposes into Portuguese law Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data). Your data is processed lawfully and in accordance with the principle of good faith, in order to pursue the purposes explicitly and legitimately requested by the client, and is not used for other purposes or in any other way, being processed appropriately, pertinently and not excessively in relation to the purposes intended and which are, effectively and subsequently, processed. They will, where appropriate, be updated, altered or even deleted (As per paragraphs a) to d) of article 5 of the Law on the Protection of Personal Data, which transposes into Portuguese law Dir. no. 95/46/EC, of the EP and of the Council, 24/10/95, on the protection of individuals with regard to the processing of personal data and on the free movement of such data).  APE will keep your personal data for the period strictly necessary to process it, in accordance with its purpose. The retention periods may be changed depending on the project in question and if justified, and APE undertakes to adopt the appropriate conservation and security measures. These data will be kept until the Customer expressly indicates that it wishes to delete them from our database because there are always campaigns and other services requested by the Customer which may require its data in order to carry out the agreed-upon project in question. This data will only be used publicly if it is necessary to defend the good name of APE and also the campaigns and other services mentioned above. The personal data subject to processing by APE are of various kinds, given the services provided on the electronic platforms under its management. According to the type of services provided, the following may be collected, after prior authorization: name, date of birth, tax identification number, civil identification number, social security number, identification document number, address, e-mail address, cell phone number, website, if any, social network information and other information that is important and relevant to the specific case and previously provided by the client. It is assumed that the Customer has accepted the provision of such data to entities and or individuals hired and subcontracted by APE for the performance of its work, since occasional professionals from outside those that constitute APE are needed to pursue the specific purposes of the project requested by the Customer. If you do not consent to this, you should contact us and mention it expressly. Even though APE does not undertake to store the Customer’s data after expiration of the deadlines for renewing its services and/or after termination of the contract without express information about it, APE will not be able to ascertain with certainty whether or not the Customer intends to remain registered as an APE Customer. Therefore, if it is in the client’s interest to no longer be contacted by APE and APE no longer keeps its data, it should expressly request that its data be deleted from our databases.

A priori,in contact forms, requests for accommodation and requests for quotes, data such as the browser and IP used for connection are collected. These data will only be disclosed in case of a court order to that effect (according to the Law of Protection of Personal Data, which transposes into Portuguese law the Dir. No. 95/46/EC, of the EP and Council, 24/10/95, on the protection of individuals with regard to the processing of personal data and the free movement of such data). Whenever you consider necessary, you can change your data through your customer account, committing to provide truthful and complete information, free of spelling errors (According to Article 5 of the Law on the Protection of Personal Data, which transposes into Portuguese law Dir. No. 95/46/EC, of the EP and Council, 24/10/95, on the protection of individuals with regard to the processing of personal data and on the free movement of such data). Anyone who enters or facilitates the entry of false personal data with the intention of obtaining undue advantage for himself or others or to cause damage shall be punished by a term of imprisonment of up to two years or a fine of up to 240 days and, simultaneously, anyone who, without due authorization, erases, destroys, damages, suppresses or modifies personal data, making it unusable or affecting its usability shall be punished by the same penalty (As per articles 45 and 45-A of the same law mentioned below). Failure to comply with data protection obligations by providing false information in the notification or in the requests for authorization to process personal data will also be punished as a crime.

It is the customer’s sole responsibility to protect the passwords and usernames it uses in order to prevent unauthorized access to its accounts. APE cannot be, and is not, responsible for access to accounts using the customer’s username and password (which are usually associated with the WHOIS of the customer’s domain data). Nevertheless, you may enable the privacy service to hide your data at domain registration. Personal Data Security In carrying out its activities, APE uses a set of security technologies and procedures suitable for protecting your personal data from unauthorized access and disclosure, namely: Logical security measures, in the component of access to network systems, the use of firewallsand intrusion detection systems, segregating networks (internal, external, demilitarized zone) and application environments, as well as encryption of information through secure communication channels, specifically by the platforms used to host the sites that are requested by the client in its execution (As per Article 15 of the Personal Data Protection Act, which transposes into Portuguese law Dir. No. 95/46/EC of the EP and Council, 24/10/95, on the protection of individuals with regard to the processing of personal data and on the free movement of such data). Â Cookies and Similar Technologies APE uses cookies on its websites to improve the performance and browsing experience of its Users by increasing the speed and efficiency of response on the one hand, and by eliminating the need to repeatedly enter the same information on the other hand. Placing cookiesnot only helps the websites to recognize the User’s device on the next visit but often also for the correct functioning of the website. APE uses its own cookies and third-party cookies. APE may use user-generated “cookies” when browsing its web pages. Cookies that may be used are exclusively associated with the browser of a specific computer (i.e. the user is anonymous), and do not provide any personal data of the user. Cookies are only used for exclusively internal purposes, such as web access statistics. The cookies used cannot read cookie files created by other providers or web pages. The User has the possibility of configuring his browser to be warned about the reception of cookies and to prevent the installation of cookies on his hard drive. To make our site easier to use, we use Cookies (which are defined as small data files that allow us to compare new and previous visitors, understand how users navigate our site and what information we can use to make the experience more effective in the future). Cookies do not record any personal information about a user, and identifying data, which in turn will not be stored under any circumstances. If you wish to prevent the use of Cookies, you should adjust your computer settings to delete all Cookies from the sites or notify you with a notice of the existence of Cookies being stored. To proceed without changing your Cookie preferences, please continue to the site. (Visit www.aboutcookies.org for more information about Cookies and how they affect you and your browsing experience). The types of Cookies we use: strictly necessary Cookies. These Cookies are necessary for you to be able to navigate the site and use its features, such as accessing secure areas of the site. Without the Cookies, the services you request, such as filling in forms, cannot be used. With regard to performance cookies, these collect information about how users use a website, for example, which pages they visit most often and whether they receive error messages from web pages. These Cookies do not collect information that identifies a user. All information these Cookies collect is aggregated and therefore anonymous. They are used only to improve the way a website works. By using our site, you agree that we may place these types of Cookies on your device. Functionality cookies, on the other hand, allow the site to remember the choices you make (such as your username, language or the location you are in) and offer optimized and personalized functionality. These Cookies can also be used to remember changes made to text size, fonts and other parts of the web pages that you can customize. In parallel, they may also be used to provide services that you have requested, such as making a comment. The information from these Cookies can be made anonymous and it is not possible to track your browsing activities on other websites. By using our site, you agree that we may place these types of Cookies on your device. The metadata generated by the use of cookies may be sent to third parties for trend analysis, tracking user navigation on the sites and site performance, without however identifying any individual. Users can prevent the use of cookiesin their browser settings. If you limit this option, however, the use of some features or the performance of certain tools may be constrained. We help you better understand with the following definitions, the cookies we use, and that by entering our site and accepting them you are consenting to the use of your information: Cookies are stored in the terminal equipment and accessed by our website (www.theape.pt ) only because and when the user gives his or her consent through active behavior and through a free decision embodied in the acceptance of navigation on our website (www.theape.pt ), based on clear and complete information in the terms explained below, namely on the purpose of processing. Strictly necessary cookies – these are essential cookies that enable our site to respond to any action you perform on the site, such as completing a survey form. The site will not function correctly if this cookie is not used. Analytics cookies – these are cookies that enable the function of analytics software. This software helps analyze our visitors to the site and provide anonymous information such as browsers used, returning visitors and response to marketing activities. This information helps us improve the site and your online experience. Functionality Cookies – these are cookies that store your preferences regarding your use of the site, so that you don’t need to re-configure the site each time you visit. Permanent cookies – these are cookies that are stored in the access devices (computer, cell phone, smartphone or tablet), at browser level, and are used whenever the user visits the website again. In general, they are used to direct navigation according to the user’s interests, allowing a more personalized service to be provided; Session cookies – these are temporary cookies that are generated and are available until the session is closed. The next time you access your internet browser the cookies are no longer stored. The information obtained allows managing sessions, identifying problems and providing a better browsing experience. You are permitted to accept, refuse or delete cookies, including by selecting the appropriate settings in your browser. Disabling cookies may prevent some of our web services from working properly. How to manage Cookies on computers: If your intention is to allow Cookies from our site, please follow the steps below: Google Chrome

• Click “Tools” at the top of your browser window and select “Options
• Click the “Under the Hood” tab, locate the “Privacy” section, and select the “Content Settings” button.
• Select “Allow local data to be set”.

Microsoft Internet Explorer 6.0, 7.0, 8.0, 9.0

• Click “Tools” at the top of your browser window, select “Internet Options” and click the “Privacy” tab
• Make sure your privacy level is set to Medium or lower, which will allow Cookies in your browser
• Preferences above Medium will disable Cookies

Mozilla Firefox

• Click “Tools” at the top of your browser window and select “Options
• Then select the “Privacy” icon
• Click on “Cookies” and select “Allow sites to set Cookies”.

Safari

• Click on the cogwheel icon at the top of your browser window and select “Settings
• Click on “Security” and check the box that says “Block third-party and advertising Cookies”.
• Click “Save

If you would like to allow Cookies from our site, please follow the steps below: Microsoft Internet Explorer 5.0 OSX

• Click on “Explorer” at the top of your browser window and select “Preferences
• Scroll down until you see “Cookies” under “Receiving Files”.
• Select the “Never Ask” option

Safari OSX

• Click on “Safari” at the top of your browser window and select “Preferences
• Click on “Security” and then “Accept Cookies
• Select “Only from sites you navigate to”.

Mozilla and Netscape OSX

• Click on “Mozilla” or “Netscape” at the top of the browser window and select “Preferences
• Scroll down until you see Cookies under “Privacy & Security
• Choose “Enable Cookies for the originating web site only”.

Opera

• Click on “Menu” at the top of your browser window and select “Settings
• Then select “Preferences” and choose the “Advanced” tab
• Then select the “Accept Cookies” option

APE does not use “spamming” techniques and will only use data that the user transmits through the electronic forms enabled on this website or e-mail messages. The use of personal data, as well as the sending of commercial communications by electronic means, comply with the Organic Law on the Protection of Personal Data and the Law on Information Society and Electronic Commerce Services. Disclaimer of Liability and Exclusion of Warranties APE shall not be liable for any losses or damages under civil liability (including, but not limited to, consequential damages, loss of profits and moral damages, caused directly or indirectly), arising as a result of the use, whether correct or incorrect, of its electronic sites and their contents by the User or the access to the User’s computer and computer system by third parties. The information disclosed must be viewed in its informative aspect. Despite APE ‘s efforts to keep the contents up-to-date and reliable, they may contain inaccuracies, typographical errors or be out of date, for which reason APE shall not be liable with respect to the complete accuracy and timeliness of any information contained on its Sites. The electronic sites may contain links to sites operated by third parties over which it has no control and for which it assumes no responsibility. Visualization of legal provisions in this site does not dispense with consultation of the legal norms in force, officially approved, published in the original editions and media (namely the Official Gazette or the Official Journal of the European Union). Except for the cases expressly described in the General Conditions of Use and the remaining part of the Webpage’s regulatory framework, APE shall not be liable for damages of any kind that may arise from the lack of accuracy, completeness, timeliness, as well as errors, omissions/ omissions/ omissions that the information and services contained in this Webpage or other content that may be accessed through the same, nor does it assume any duty or commitment to verify or monitor its content and information. The exclusion of warranties and liability for the operation of the website www.theape.pt and its services does not guarantee the availability and continued operation of the website www.theape.pt and its services. APE will endeavor to provide sufficient advance notice of possible interruptions that may occur in the course and operation of the same and its services, whenever possible. APE disclaims, to the full extent permitted by the legal system, any liability for damages and losses of any nature that may arise from the unavailability or uninterrupted operation of the website and its services, or the unfulfillment of the utility that Users may attribute to the www.theape.ptportal and its services and, in particular, although not exclusively, to failures in accessing the different web pages that make up the www.theape.pt website. APE will not be held liable for attacks on its system that are beyond its reach and control, and it is up to the owners (of the data itself) to protect it. APE shall not be and may not be held liable if, by contracting an external party, whether natural or legal persons, who do not constitute the APE company, APE does not take the necessary care in the procedure thereof, disregards APE’s policies and, as well as proceeding contrary to the law, to good customs and to the laws in force by which this policy is governed and by which and over which APE has no control (Pursuant to article 16 of the Personal Data Protection Act which transposes into Portuguese law Dir. No. 95/46/EC of the EP and of the Council, 24/10/95, on the protection of individuals with regard to the processing of personal data and on the free movement of such data). Any person acting under the authority of APE for processing the data and having access to them may not process them without instructions from APE. If, nevertheless, the subcontracted entity (whether a natural person hired for the purpose or a legal entity and companies other than APE) acts contrary to the instructions given to it by acting on its own behalf or on the behalf of someone other than APE, APE shall not be held liable in any circumstances, and such hired natural persons and legal entities shall be held liable themselves and not APE. Links This website contains links to other websites. Users should be aware that APE is not responsible for the privacy practices or the content of such other websites. We recommend that Users be aware that by using one of these links, they leave our website and therefore read the general conditions and privacy policies of these other sites. Report Should any user, visitor or third party consider the existence of facts or circumstances revealing the illicit character of any content on the portal www.theape.ptor of its use, they should contact APE by e-mail at legal@theape.pt or through the contact details indicated on the portal www.theape.ptand in this legal notice, always indicating:

• The complainant’s personal data (name, address, telephone number and e-mail address) and
• The alleged unlawful activity carried out on the website and the motivation revealing the aforementioned unlawful character.

Duration and Finishing The provision of services that APE provides through the Website has an indefinite duration. Accordingly, APE may terminate or suspend the provision of its services at any time, always respecting what is set forth in the corresponding Particular Conditions. Nevertheless, and whenever possible, APE will endeavor to give prior notice of the termination or suspension of any or all of its services. Alteration to the security and privacy policy The present Terms and Conditions, which you should read carefully, may be altered, with the alterations being considered effective from the date of their placement on this site, with express reference to the date of updating. Applicable Law and Competent Court These Terms and Conditions shall be governed and interpreted in accordance with Portuguese law. In everything that is not foreseen, in cases of omissions or existence of gaps, reference is made to the Portuguese legislation in force on the date of the case in question, which will, in turn, be governed by it. The parties submit, by their own will, the resolution of conflicts and renouncing any other jurisdiction, to the courts of the domicile of the owner of the portal www.theape.pt. Therefore, the Court of Lisbon is competent, to the exclusion of any other, to settle any conflicts arising from the interpretation and application of these Terms and Conditions for the use of this site. Applicable legislation: General Data Protection Regulation (https://protecao-dados.pt/wp-content/uploads/2017/07/Regulamento-Geral-Prote%C3%A7%C3%A3o-Dados.pdf ) Law No. 67/98, of October 26, which transposes into Portuguese Law Directive 95/46/EC, of the European Parliament and of the Council, of October 24, 1995, on the protection of individuals with regard to the processing of personal data and on the free movement of such data, in the most recent version updated by Law No. 103/2015, of August 24 (http://www.pgdlisboa.pt/leis/lei_mostra_articulado.php?nid=156&tabela=leis&so_miolo ) Regulamento Geral de Proteção de Dados que transposição para a Ordem Jurídica portuguesa a Diretiva 2016/680 DO Parlamento Europeu e do Conselho, de 27 de Abril de 2016 (http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c324679595842774f6a63334e7a637664326c756157357059326c6864476c3259584d7657456c4a535339305a58683062334d76634842734d5449314c56684a53556b755a47396a&fich=ppl125-XIII.doc&Inline=true ). Acceptance of these terms By using/navigating this site www.theape.pt – you agree to the collection and use of your information as set forth in this Policy.