Legal

1. Purpose

These General Conditions regulate the use (including mere access) of the web pages that make up the PHIVE website, including the content and services made available on them (the “PHIVE Site”). Any person who accesses the PHIVE Site (“User”) agrees to be bound by the General Conditions in force at any given time. The content and services that PHIVE makes available to the User on the PHIVE Site (respectively, the “Content” and the ‘Services’) may also be governed by specific conditions which, in the event of conflict, shall prevail over the General Conditions (the “Specific Conditions”). Each time the User uses any Content or Service, they also submit to and accept the corresponding applicable Special Conditions. Consequently, the User must carefully read the General Conditions each time they intend to use the PHIVE Website, as well as, where applicable, the corresponding Special Conditions each time they intend to use any Content or Service. In any case, PHIVE reserves the right to modify, at any time and without prior notice, the presentation and configuration of the PHIVE Website, as well as these General Conditions or the corresponding Special Conditions.

2. Use of the PHIVE Website

Unless otherwise specified, use of the PHIVE Website is free of charge, without prejudice to the cost of connecting to the corresponding electronic communications network through which the User accesses it. The User is aware and voluntarily and expressly accepts that use of the PHIVE Website is always under their sole and exclusive responsibility. When using the PHIVE Website, the User undertakes not to engage in any activity that may harm or damage the image, interests, and rights of PHIVE or third parties, or that may harm, damage, render useless, or overload the PHIVE Website, or that may in any way prevent the normal use of the PHIVE Website. PHIVE takes reasonably adequate security measures to detect the existence of viruses. Nevertheless, the User must be aware that the security measures of computer systems on the Internet are not entirely reliable and that, therefore, PHIVE cannot guarantee the absence of viruses or other elements that may cause changes to the User's computer systems (software and hardware) or to the electronic documents and files contained therein.

3. Contents

The Contents of the PHIVE Website are made available to the User by PHIVE, with information from both its own sources and third parties. PHIVE strives to ensure that the Contents are of the highest possible quality and reasonably up to date, but does not guarantee the usefulness, accuracy, completeness, relevance, and/or timeliness of the Contents.

4. Intellectual and Industrial Property Rights

These General Conditions (or access to the PHIVE Website, or use of the Content and Services) do not grant any intellectual or industrial property rights over the PHIVE Website or any of its constituent elements, and the User is expressly prohibited from reproducing, transforming, distributing, publicly communicating, making available, extracting, reusing, resending, or using in any way, by any means or procedure, except in cases where it is legally permitted or authorized by the owner of the corresponding rights.

The User may view and obtain a temporary private copy of the Content, for their exclusive, personal, and private use, on their computer systems (software and hardware), provided that this is not done for the purpose of carrying out commercial or professional activities. The User must refrain from obtaining or attempting to obtain the Content by means or procedures other than those which, in each case, are made available to them, are indicated for that purpose, or are customarily used on the Internet (and which, in the latter case, do not pose a risk of damage or disablement of the PHIVE Site). All text, graphics, editorial content, data, graphic arts, designs, HTML, photographs, music, sounds, images, software, videos, or other content that Users see or read on the Service are owned by PHIVE or used with the authorization of the rightful owner. This material is protected by all forms, means, and technologies already known or that may be developed in the future. PHIVE owns all of this material, as well as its coordination, selection, combination, and improvement. This material is protected by laws governing copyright, patents, trademarks, and others, both nationally and internationally. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Service without the prior written consent of PHIVE. The use of this material without the consent of PHIVE and/or the rightful owner is prohibited. PHIVE is a registered trademark, including its logo. It is not permitted to copy or use any of these trademarks, logos, or names without the prior written consent of their owner. The User must respect, at all times, all intellectual and industrial property rights over the PHIVE Site, owned by PHIVE or third parties.

5. Hyperlinks and Linked Sites

Links (such as hyperlinks) from PHIVE to other websites do not constitute PHIVE's endorsement of those websites or their content. These links are provided solely for the User's reference and convenience. PHIVE does not control these websites and is not responsible for their content. The existence of links on the Service to such websites does not mean that PHIVE endorses any material presented there, or that it has any association with their operators. It is the User's responsibility to evaluate the content and usefulness of the information obtained from these websites. The use of websites controlled, owned, and operated by third parties is governed by the Terms and Conditions of Use and Privacy Policies of those websites and not by PHIVE's Terms of Use. Access to these third-party websites is at the User's own risk. PHIVE expressly disclaims any liability resulting from the use and/or viewing of any website or other material associated with links appearing on the Service. The User hereby agrees to hold PHIVE harmless from any liability that may result from the use of links appearing on the Service:

a) Hyperlinks

The User and, in general, any natural or legal person who wishes to establish a hyperlink or technical linking device (e.g., links) from their website to the PHIVE Website (the “Hyperlink”) must obtain prior written authorization from PHIVE. The establishment of the Hyperlink does not imply, in any case, the existence of any relationship between PHIVE and the owner of the website or web page where the Hyperlink is established, nor the acceptance or approval by PHIVE of its contents or services. In any case, PHIVE reserves the right to prohibit or disable any link to the PHIVE Website at any time, especially in cases of illegal activity or content on the website where the link is included.

b) Linked Sites

The PHIVE Website provides Users, solely for the purpose of searching for and accessing information, content, and services available on the Internet, hyperlinks or technical linking devices (e.g., links) that allow Users to access websites or Internet portals owned or managed by third parties (the “Linked Sites”). PHIVE does not offer or market, either itself or through third parties, the information, content, and services available on the Linked Sites, nor does it approve, supervise, or control in any way the content, services, or any material of any nature existing on them, with the User assuming sole responsibility for browsing them.

6. Personal Data

Visiting the PHIVE website does not automatically record any personal data that identifies a User. However, certain non-personal information that cannot be identified with a specific User is collected and stored on PHIVE's Internet servers (e.g., the User's Internet browser type, operating system, IP address from which the PHIVE Website pages are accessed) for the purpose of improving the User's browsing experience and the management of the PHIVE Website. Nevertheless, in order to use certain Content or Services, PHIVE may request certain personal data from the User. PHIVE will provide the User with the necessary information so that they can give their prior consent to the processing of their personal data by PHIVE and its incorporation into the corresponding files owned by PHIVE. The data collected is processed automatically and is intended, within the business group to which PHIVE belongs, to establish the status of User/Customer, the subsequent collection of vouchers, and future contacts, namely direct marketing actions, offers of products and ancillary services related, even indirectly, to PHIVE's activity.

The data collected is also intended to comply with legal obligations and for use in contractual relationships with insurance companies, banks, and other institutions. PHIVE undertakes to maintain strict confidentiality regarding all data, restricting access to it to what is strictly necessary for its normal activities. The User authorizes its transmission to PHIVE's commercial partners and also authorizes the data to be used by PHIVE, even after the membership contract has expired, for advertising, marketing, or promotional purposes. In the event of non-compliance by the User, the data may be transmitted to third parties for the purpose of debt collection. The respective owner is guaranteed, under the terms of Law 67/98 of October 26 (Personal Data Protection Law), the right to access and rectify such data, as well as the right to oppose the processing of data for marketing purposes. We may contact you by any online/electronic means/device.

7. General Provisions

The non-exercise, or late or partial exercise, of any right granted to PHIVE under this Agreement or any applicable provision shall not constitute a waiver of that right, shall not prevent its subsequent exercise, and shall not constitute any form of default or novation. This Agreement constitutes the entire agreement between the User and PHIVE with respect to the matters covered herein.

8. Changes to the Terms of Use

These terms of use may be updated at any time by PHIVE whenever it deems necessary or desirable without prior notification to Users, in order to respond to legal requirements or changes in operation. Users will always have access to the terms of use in force online. This document will always be available online and can be freely consulted and saved or printed at any time, even without being registered on the website. Any changes will be communicated to registered Users by posting them online. Subsequent access and use of the site by the User will be considered an unequivocal sign that they have read, accepted, and understood the amended Terms and Conditions.

9. Partial Invalidity

The total or partial invalidity of any of the clauses of these General Conditions shall not affect the validity of the remaining provisions, which shall remain applicable in their entirety, unless the interested party demonstrates that the purpose pursued by the parties allows us to assume that they would not have concluded the transaction without the invalid clause.

10. Applicable Law/Jurisdiction

These General Conditions are governed by Portuguese law.

I declare that I have read and understood these Terms of Use and PHIVE's Privacy Policy and declare that my use of the service constitutes acceptance of all the terms and conditions of this agreement.

11. Privacy Policy

This Website is operated by PHIVE, a brand of Bom Pulso Lda., NIPC 507046064, headquartered at Quinta das Lágrimas Residências, lot 12, 3040-387, Coimbra.

IMPORTANT: BY PROVIDING PERSONAL DATA TO PHIVE AND/OR THROUGH THE PHIVE.PT WEBSITE, THE USER AUTHORIZES THE USE AND PROCESSING OF THEIR PERSONAL DATA BY PHIVE UNDER THE TERMS AND CONDITIONS DESCRIBED BELOW.

11.1. Scope of the Privacy Policy

PHIVE undertakes to maintain the privacy and confidentiality of all information provided by the User. This Privacy Policy establishes the measures adopted by PHIVE regarding Personal Data collected directly from the User and/or through the PHIVE.PT website, in accordance with the Personal Data Protection Law and other applicable legislation, both at national and EU level. The term “Personal Data” refers to all personal information provided by the User, such as name, mobile phone number, profession, health information, date of birth, address, or email address.

11.2. Notification in the event of changes to the Privacy Policy

The constant effort to improve the means and add new features to the PHIVE.PT website, as well as to existing services, which translate into constant changes and improvements, changes to the applicable legal regime and the evolution of the technology itself, our practices may dictate changes with regard to data processing. When there is any change to this Privacy Policy, PHIVE will notify the User, as well as the local authority responsible, in cases required by law.

11.3. Collection of Personal Data including Email Address

Access to certain services on the PHIVE Website may require the User to provide the following information: name, address, email address, telephone number, and payment details.

You may also be asked to provide demographic information so that PHIVE can provide you with a more personalized service. The information provided will be stored in PHIVE's databases, either manually or electronically. PHIVE may supplement the information provided by the User with information provided by third parties. For example, if an incorrect postal code is provided, PHIVE may use third parties to correct this information.

11.4. Use of Personal Data

PHIVE will provide the User with the necessary information so that they can give their prior consent to the processing of their personal data by PHIVE and its incorporation into the corresponding files owned by PHIVE. The data collected is processed automatically and is used, within the business group to which PHIVE belongs, to establish the status of User/Customer, for the subsequent collection of vouchers and future contacts, namely direct marketing actions, offers of products and ancillary services related, even indirectly, to PHIVE's activity. The data collected is also intended for compliance with legal obligations and for use in contractual relationships with insurance companies, banks, and other institutions. PHIVE undertakes to maintain strict confidentiality regarding all data, restricting access to it to what is strictly necessary for its normal activity. PHIVE may share, transfer, or disclose information from its database and server records in cases where it is legally required to do so, in the administration of justice, interacting with anti-fraud databases, to protect the vital interests of the User, to protect the security or integrity of our databases or website, to take action against legal liability, or in the event of the sale, merger, reorganization, dissolution, or other change at PHIVE.

The User authorizes the transmission of their data to PHIVE's commercial partners and also authorizes PHIVE to use the data for advertising, marketing, or promotional purposes, even after the membership contract has expired.

In the event of non-compliance by the User, the data may be transmitted to third parties for the purpose of debt collection. The respective owner is guaranteed, under the terms of Law 67/98 of October 26 (Personal Data Protection Law) and General Data Protection Regulation 2016/679, the right to access and rectify, delete or block, oppose, and transfer their data. The information will be sent by PHIVE to the address, email, or telephone number provided by the User, with the request being made within a maximum period of 30 days. The contacts provided will be kept in our database and may be used to occasionally send you information by email or post about products and services similar to those contracted by the User, which are considered to be of interest to them.

If the User does not wish to receive this type of information, they should proceed in accordance with the “Cancellation” section. In cases where the User has consented, their Personal Data may be shared with other companies belonging to the same group as PHIVE or disclosed to other companies that may contact the User about their products or services that may be of interest to them. PHIVE may also request and collect the User's Personal Data for, among other things, the following purposes:

• Sending information about new products and services;
• Regular updates that PHIVE considers to be of interest to the User;
• Sending requested information about products and services;
• For market research and marketing purposes;
• For internal use in the administration of the PHIVE.PT website and improvement of the services provided.

11.5. Data Breach

a) PHIVE is required to notify the personal data security control entity, which is currently the National Data Protection Commission, of all data breaches that pose a risk to the data subject.

b) This notification must be made within 72 hours.

c) The notification must contain a description of the nature of the personal data breach, including the number of people concerned and the personal data records in question, the name and contact details of the data protection officer, a description of the likely consequences of the personal data breach, and a description of the measures proposed by the data controller to remedy the rights violated.

d) When the data breach is likely to cause harm to the data subject, namely when it may represent a high risk to their rights and freedoms, the data subject must be informed clearly and without delay.

11.6. Access to Data and Corrections

To change your Personal Data, you must send your request in writing and indicate which data you wish to change. We will also correct and remove any Personal Data that is incorrect. Your data can always be updated using the contact details below.

11.7. Cancellation

If you no longer wish to receive emails from PHIVE and would like to be removed from the mailing list, please send an email to proteccaodados@phive.org with the subject line “Removal from Mailing List.” This cancellation will be effective within 30 days of the date of the request.

11.8. Collection of Anonymous Data through the PHIVE.PT Website

In addition to collecting data through the means indicated above, PHIVE uses technology that allows it to collect information about users of the PHIVE.PT website. For example, the website server automatically collects information about which pages are visited, the user's IP address, and which browser is used. This technology does not allow the user to be personally identified and is used for statistical purposes only. Our website contains hyperlinks to other pages on our website. Technology may also be used to monitor how often these links are used and which pages are most viewed. Again, this technology does not allow the User to be personally identified – it is used solely for statistical purposes.

11.9. Cookies

To collect the information referred to in the previous paragraph, temporary cookies may be used, which will remain in the cookie file of the User's browser until it is closed. Cookies alone do not serve to identify the User. A cookie is a small piece of information sent to the User's server and stored on their computer's hard drive, causing no damage to it. You can set your browser to notify you whenever you receive a cookie, so that you can choose whether to accept or reject it. We also use your IP address to help diagnose problems with our server and to administer our website. An IP address is a numerical code that identifies a computer on the network, or in this case, on the Internet. Your IP address is also used to collect demographic information. We may also conduct IP searches to determine which domain you came from (e.g., aol.com, yourcompany.com) to better assess your demographic data.

11.10. Transfer of Data Abroad

If you are located in a country other than the one where PHIVE.PT's servers are located, communications may result in cross-border data transfers. By visiting our website and communicating with PHIVE electronically, you consent to the processing and transfer of your Personal Data as set out in this Privacy Policy.

11.11. Hobbies

PHIVE may deny access to previous guests even when they are people who participate in contests promoted by PHIVE or partners.

11.12. Commercial Campaigns

All commercial campaigns apply only to non-members, unless otherwise stated.

11.13. Competence to Settle Consumer Disputes

In the event of a consumer dispute, as defined in Law No. 144/2015 of September 8, the consumer may resort to the competent alternative dispute resolution entity.

Without prejudice to the provisions of the legislation, statutes, and regulations to which alternative consumer dispute resolution entities are bound, consumers may opt for the European online dispute resolution platform available at https://webgate.ec.europa.eu/odr, the alternative consumer dispute resolution entity in their place of residence, or the alternative dispute resolution entity with specialized competence, if one exists for the sector in question.

If there is no alternative dispute resolution entity under the terms of the previous paragraph, or if the existing entity or entities are not considered competent due to the value of the dispute, the consumer may resort to the National Center for Information and Arbitration of Consumer Conflicts, located in Lisbon, with the email address: cniacc@unl.pt and available at www.arbitragemdeconsumo.org.

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

• Coimbra District Consumer Conflict Arbitration Center
• Tel: 239821690/289.
• Email: geral@centrodearbitragemdecoimbra.com

12. Applicable Law

This Privacy Policy is an integral part of the Terms and Conditions of Use of the PHIVE.PT website.

In the event of any dispute or complaint of any nature related to this website, Portuguese law shall apply, regardless of any conflict of applicable laws. All legal actions or proceedings arising from or related to this Privacy Policy, its validity, application, compliance, or non-compliance, or the subject matter of this Privacy Policy, shall be subject to the jurisdiction of the Portuguese courts, and the User irrevocably consents and submits to the jurisdiction of these courts in the cases indicated. Notwithstanding the foregoing, PHIVE reserves the right to bring legal action in any jurisdiction where a breach of this Privacy Policy occurs.