Owner and Data Controller

Owner: Smiley Minds Academy Lda

Owner contact email: geral@smileymindsacademy.com

Taxpayer Identification Number (TIN): 517265648

Dissolution and Liquidation of the company: October 13th, 2023. 

 The Privacy and Cookies Policy, which is presented here, concerns the company Smiley Minds Academy Lda (simply designated as Smiley Minds Academy), which is considered responsible for the processing of data under the terms of the General Regulation on Data Protection (GDPR).

The user is responsible for carefully reading this Privacy and Cookie Policy before using the website www.smileymindsacademy.com. This Privacy and Cookie Policy can be accessed via the hyperlink at the bottom of each page on our website. We also advise the user to print and keep a copy.

The use of the website www.smileymindsacademy.com implies the unreserved acceptance of this Privacy and Cookies Policy, which is transversal to each type of product or service offered by the website.

Intellectual property / Copyright and trademark indication

The texts, logos, and other content included on the website are the property of Smiley Minds Academy. Any transmission, distribution, reproduction or storage, in whole or in part, of the contents for commercial purposes is prohibited, unless prior and express consent is given by the owner.

Copyright, all property rights in the website www.smileymindsacademy.com, as well as all its content, are reserved by Smiley Minds Academy.

Names of companies, brands, products or services, displayed on the website www.smileymindsacademy.com, may be the registered trademarks of their respective owners.

The user is not granted any right or license to use any trademarks and, accordingly, the user agrees not to alter, rent, lend, sell, distribute or create derivative works based on the content of the website www.smileymindsacademy.com, and/ or the products and services made available on the website www.smileymindsacademy.com, in whole or in part.

Disclaimer / Information on the website

Although Smiley Minds Academy has made every effort to ensure that the information included on the website www.smileymindsacademy.com is correct, when it starts operating, Smiley Minds Academy is unable to guarantee the absolute absence of specific failures. In particular, Smiley Minds Academy cannot be held immediately responsible for any errors or omissions, or any information that may be incomplete, incorrect, or may no longer be up to date, for whatever reason, in particular due to a sudden change in the Law.

When Smiley Minds Academy is alerted by the relevant authorities, particularly by the competent authorities, to the need for any change resulting from the updating of the Law in force, Smiley Minds Academy undertakes to make every effort to proceed immediately to such an update. Smiley Minds Academy bases its actions on good faith, sincerity, respect and fairness, doing everything possible to ensure scrupulous compliance with the Law and regulations issued by the competent authorities.

Since these values are also advocated by duly legitimized competent authorities, this is the reciprocity that is naturally imposed.

General Provision

Any failure by Smiley Minds Academy to exercise or enforce any right or provision of this Privacy and Cookie Policy will not constitute a waiver of such right or provision. If any provision of this Privacy and Cookies Policy is held by a court of competent jurisdiction to be invalid, the parties agree that the court should attempt to enforce the parties' intentions reflected in the provision, the remaining provisions of the Privacy Policy remaining in effect and Cookies. The titles used in this Privacy and Cookies Policy are adopted for reference purposes only and have no legal or contractual effect.

Smiley Minds Academy undertakes to process personal data clearly, safeguarding the privacy of users and customers. The use of our services establishes acceptance of the terms of the Privacy Policy and its respective updates.

Those responsible for Smiley Minds Academy work every day to provide you with the best user experience possible and the company is committed to protecting the privacy and personal data of its customers and website users. The information you share with us is used by us to further improve our services and your shopping experience.

This Privacy and Cookies Policy gives you a clear view of how we can use your information, how Smiley Minds Academy adopts the best organizational and technical practices, in preserving the confidentiality, integrity and availability of personal data. Our job is to protect the data we collect and process, in strict respect and compliance with applicable legislation and the options you have to exercise control over your information and protect your privacy.

Responsible for the Processing of your Personal Data

Smiley Minds Academy is responsible for processing your personal data.

Personal Data collected

As part of providing the requested products and services, we ask you for certain personal data. This personal data includes your:

• Contact details including first name, last name, NIF, email, telephone number, city, country and shipping and billing address;

• Login and account information, including email, password;

• Purchases historic;

• Payments;

• Personal preferences, including preferences regarding marketing and cookies. Details on each type of Personal Data collected are provided in the respective sections of this privacy policy, or by specific explanatory texts displayed prior to the collection of Data.

When interacting with our website pages, Personal Data may be freely provided by the User, or, in the case of Usage Data, collected automatically when using the website www.smileymindsacademy.com, the technological platform that provides the experience. For example, your browser or mobile device may share certain data with Smiley Minds Academy as those devices interact with pages on the website. More information about these practices is included in the Cookie Policy section below.

Unless otherwise specified, all Data requested by the www.smileymindsacademy.com website is mandatory and failure to provide this Data may make it impossible for www.smileymindsacademy.com to provide its services. In cases where www.smileymindsacademy.com specifically states that some Data is not mandatory, users are free to stop communicating this Data without any consequences for the availability or operation of the Service. Users who have doubts about which Personal Data are mandatory are invited to contact the Owner.

Any use of cookies – or other tracking tools – by www.smileymindsacademy.com, or by the owners of third-party services used by www.smileymindsacademy.com, will serve the purpose of providing the Services requested by the User, in addition to the other purposes described in this document and in the Cookie Policy. Users are responsible for any Personal Data of third parties that are obtained, published or shared through this Service (www.smileymindsacademy.com) and confirm that they have the authorization of these third parties to provide the Data to the Owner.

How we use your Personal Data

We use the personal data we collect from you in the following ways:

(a) To provide the functionality of the website pages and the services you request. When using our website pages, we use your data to provide the product or service selected by you. For example, if you make a purchase, we will use the contact information you provide to communicate with you about your purchase. We will use information about you to help you solve a problem or answer a question. In some cases, in order to use specific features on our website pages and services, you may have to provide Smiley Minds Academy with additional data for the use of specific data, such as data for logging in through, for example, a social network and google Login;

(b) To communicate information about our products, services, events or for other promotional purposes;

(c) To modify your email or sms subscriptions or to opt out of receiving communications from Smiley Minds Academy. If this is the case, you must do so through your account or, if this option is not available, you must contact us via the following email: geral@smileymindsacademy.com and communicate your preferences;

(d) If you are already a customer (and/or member) of Smiley Minds Academy, having made a purchase in the past, for example, we may use the email address you provide to send you marketing communications about similar products or services from Smiley Minds Academy, unless you have opted out.

(e) In other cases, we may ask for your consent to send you marketing information about Smiley Minds Academy products, services, events and promotions. We may use the information you provide us with, such as your use of the www.smileymindsacademy.com website page, your visits or purchases made at Smiley Minds Academy, to personalize communications about products and services that may be of interest to you. In compliance with the law, we will also seek your consent to send you marketing communications;

(f) To operate, improve and maintain our business, products and services. For example, when you make a purchase, we may use that information for accounting, billing, auditing, and other internal purposes. In particular, we may use data about how you use our products and services to improve your user experience and to help us diagnose technical and service issues;

(g) To protect our or others' rights, property or safety. We may also use data about how you use our website pages, to prevent or detect fraud, abuse, illegal uses and violations of our Terms and Conditions of Use (and/or Privacy and Cookies Policy), and to comply with orders court orders, governmental requests or applicable laws;

(h) For general research and analysis purposes. We use data about how our visitors use our website pages and services to understand customer behavior or preferences. For example, we may use information about how visitors to www.smileymindsacademy.com search for and find products to understand how best to organize and present product offerings on our online store.

(i) Other Purposes. We may also use your personal data for other purposes, subject to specific notice at the time of collection and obtaining your consent when necessary.

Method and place of data processing

Processing method

The Owner will take appropriate security measures to prevent unauthorized access, unauthorized disclosure, alteration or destruction of the Data.

The Owner assumes the implementation of suitable physical, electronic and management processes to safeguard and help prevent unauthorized access to personal information and to preserve the security of the Data.

These processes take into account the sensitivity of the information we collect, process and store and the current state of technology.

The Owner follows generally accepted industry standards to protect submitted personal information, both during transmission and upon receipt, including the use of electronic vaults and tokenization services from third-party service providers.

However, no method of transmission over the Internet or a mobile device or method of online storage can be guaranteed to be 100% secure. Therefore, while the Owner may resort to commercially accepted means to protect personal information, he cannot, however, guarantee its absolute security and consequent use inconsistent with this Privacy Policy.

The Owner assumes no responsibility for information that is disclosed as a result of errors in transmission, unauthorized access by third parties or other causes beyond its direct control.

The User is recommended to act responsibly insofar as he must also play an important role in protecting his information. You must not share your username, password or other sensitive information about your account with anyone.

If the Owner receives instructions with username and password, he will always assume that these instructions were previously modified. Data processing is carried out using qualified computers and/or IT tools, following organizational procedures and means strictly related to the indicated purposes.

In addition to the Owner, in some cases, the Data may be accessed by certain types of persons in charge, involved with the operation of the website www.smileymindsacademy.com (administration, sales, marketing, legal administration) or external persons (such as third-party service providers technicians, accommodation company, IT companies, communication agencies) appointed, when necessary, as Data Processors by the Owner. The updated list of these parts can be requested from the Owner at any time.

Legal basis for processing

The Owner may process the Personal Data related to the User if one of the following hypotheses applies:

• Users have given their consent for one or more specific purposes; Note: in accordance with some legislation, the Owner may be allowed to process Personal Data UNTIL the User objects to this action (“opt-out”), without having to rely on consent or on any other legal basis below . This, however, does not apply whenever the processing of Personal Data is subject to European data protection legislation;

• The provision of Data is necessary for the fulfillment of a contract with the User and/or any pre-contractual obligations;

• the processing is necessary for the fulfilment of a legal obligation to which the Owner is subject;

• the processing is related to a task that is carried out in the public interest or in the exercise of an official authorization in which the Owner is vested;

• the processing is necessary for the purpose of legitimate interests pursued by the Owner or a third party; In any case, the Owner will gladly collaborate to clarify the legal basis that applies to the processing, and in particular if the provision of Data is a mandatory requirement by force of law or contractual, or a requirement necessary to enter into a contract.

Place

Data is processed at the Owners' headquarters of operation, and in any other places where the parties involved with the processing are located. Depending on your location, data transfers may involve transferring your User Data to a country other than your own. To find out more about where such transferred Data is processed, users can check the section containing details on the processing of Personal Data.

Users also have the right to be informed about the legal basis of transfers of Data to countries outside the European Union or to any international organizations governed by public international law or formed by two or more countries, such as the UN, and about the security measures taken by the Owner to protect your data.

If any such transfers occur, users can find out more by checking the relevant sections of this document or asking the Owner using the information provided in the contact section.

Purposes of processing

Data relating to the User is collected to allow the Owner to provide its Services, as well as for the following purposes: Accessing third-party service accounts, Contacting the User, Viewing content from external platforms, Optimizing and distributing traffic, managing tags, Anti-spam protection, Remarketing and behavioral targeting, Registration and authentication, contact management and sending messages, Interaction with live chat platforms, Interaction with social networks and external platforms, Interaction with data collection platforms and others third parties, Thermal Mapping and Session Recording, Payment Processing, Data Transfer outside the EU and Statistics.

Users can obtain further detailed information on such processing purposes, and on the specific Personal Data used for each purpose, in the respective sections of this document.

Detailed information about the processing of Personal Data

Personal Data is collected for the following purposes and using the following services:

  • Contact User

Mailing list or newsletters (www.smileymindsacademy.com)

By subscribing to the newsletter or marketing communications, the User's email address will be added to the contact list of those who may receive email messages containing information of a commercial or promotional nature about www.smileymindsacademy.com. Your email address may also be added to this list as a result of signing up for this service (www.smileymindsacademy.com) or after making a purchase, with your consent. Personal Data collected: email and full name.

Contact form (www.smileymindsacademy.com)

By filling in the contact form with their Data, users authorize the website www.smileymindsacademy.com to use these details to respond to requests for information, quotes or any other type of request as indicated by the title of the form. Personal Data collected: email, full name and telephone number.

• Statistics 

 The services contained in this section enable the Owner to monitor and analyze web traffic and can be used to track User behavior.

Google Analytics (Google Inc.)

Google Analytics is a web analytics service provided by Google Inc. ("Google"). Google uses the collected data to track and examine the use of this service (www.smileymindsacademy.com), to prepare reports on activities and share them with other Google services. Google may use the collected data to contextualize and personalize the advertisements of its own advertising network. Personal Data collected: Cookies and Usage Data. Place of Processing: USA – Privacy Policy – Opt Out. Privacy Shield Participant.

• Interaction with social networks and external platforms

This type of service allows interaction with social networks or other external platforms, directly from the pages of this service (www.smileymindsacademy.com). The interaction and information obtained by www.smileymindsacademy.com are always subject to the User's privacy settings in each social network. If a service that allows interaction with social networks is installed, it will be able to collect traffic data for the pages where the service is installed, even when users are not using them.

ShareThis (Sharethis Inc.)

ShareThis is a service provided by ShareThis Inc. which displays a widget that allows interaction with social networks and external platforms, as well as sharing content from the website www.smileymindsacademy.com.

Depending on configuration, this service may display widgets belonging to third parties, such as managers of social networks where interactions are shared. In this case, the third parties providing the widget will also be informed about the interactions and Usage of Usage Data on the pages where this service is installed. Personal Data collected: Cookies and Usage Data. Place of processing: USA – Privacy Policy.

• Payment Processing

The Payment Processing Services allow www.smileymindsacademy.com to process payments by credit card, Paypal, MBway, Endidade and Multibanco Reference, or by other means. To ensure greater security, www.smileymindsacademy.com provides only the information necessary to execute the transaction with the financial intermediaries that operate the transaction.

Some of these services may also enable the sending of timed messages to the www.smileymindsacademy.com User such as email based invoices and other notifications.

Paypal (PayPal Inc.)

PayPal is a payment service provided by PayPal Inc. that allows users to make payments online. Personal Data collected: various types of Data as specified in the privacy policy of the service. Place of Processing: See PayPal Privacy Policy – Privacy Policy.

• Anti-spam protection

This type of service analyzes the traffic of this service (www.smileymindsacademy.com), potentially containing Users' Personal Data, with the aim of filtering the parts of the traffic, messages and contents that are recognized as SPAM.

Google reCAPTCHA (Google Inc.)

Google reCAPTCHA is a SPAM protection service provided by Google Inc. Use of reCAPTCHA is subject to Google's privacy policy and terms of use. Personal Data collected: Cookies and Usage Data. Place of processing: USA – Privacy Policy. Privacy Shield Participant. 

• Registration and authentication

By registering or authenticating, the User allows this service (www.smileymindsacademy.com) to identify him and give him access to dedicated services. Depending on what is described below, registration and authentication services may be provided by third parties. In such cases, www.smileymindsacademy.com may access some Data stored by these third-party services, for registration or identification purposes.

The Owner uses the information we collect from the User, and about the User, for various purposes, including:

. Process and respond to your requests;

. Understand user actions (Services visited, preferred features, usage patterns, etc.), improve the contents and characteristics of the Services made available (such as, for example, customizing the contents to the interests observed), processing and completing transactions and making special offers;

. Administer the Services provided and diagnose technical problems;

. Send communications at the request of the User and that are of interest to him;

. Generate and review reports and perform research on the usage base and usage patterns of the Services;

. Provide customer support service;

. Providing information and notices about the User's account;

. Performance of obligations and defense of rights in any contracts concluded between the User and www.smileymindsacademy.com, including payments and collections.

Direct registration (www.smileymindsacademy.com)

The User registers by completing the registration form and providing Personal Data directly to www.smileymindsacademy.com. Personal Data collected: city, date of birth, e-mail, address, billing address, full name, telephone number, country. 

• Data transfer outside the EU

The Owner is authorized to transfer the Personal Data collected within the EU to third countries (that is, any country that is not part of the EU), only in accordance with a specific legal basis. Any such transfers of Data will be based on one of the legal bases described. Users can inquire with the Owner to find out which legal basis applies to which specific service.

If this is the legal basis, Users' Personal Data will be transferred from the EU to third countries only if the User has explicitly authorized the transfer, after having been informed of the possible risks due to the absence of an adequacy decision and appropriate safeguards. In such cases, the Owner will inform users correctly and obtain their explicit consent through the website www.smileymindsacademy.com. Personal Data collected: various types of Data. 

• View content from external platforms

This type of service allows the User to view and interact with content hosted on external platforms, directly from the pages of this service (www.smileymindsacademy.com) and to interact with it. If this type of service is installed, it will be able to collect web traffic data for the pages where the service is installed, even when users are not using them.

Google Fonts (Google Inc.)

Google Fonts is a typeface visualization service provided by Google Inc. that allows the website www.smileymindsacademy.com to incorporate content of this type on its pages. Personal Data collected: Usage Data and various types of Data as specified in the privacy policy of the service. Place of processing: USA – Privacy Policy. Privacy Shield Participant.

Google Maps widget (Google Inc.)

Google Maps is a map visualization service provided by Google Inc. that allows www.smileymindsacademy.com to embed content of this type on its pages. Personal Data collected: Cookies and Usage Data. Place of processing: USA – Privacy Policy. Privacy Shield Participant.

With whom we share certain data

Smiley Minds Academy shares certain personal data with:

(a) Third-party service providers that process personal data on behalf of Smiley Minds Academy, such as: shipping and delivery (CTT and SEUR), email distribution (Sendimblue), research and analysis, brand management and product promotions, as well as administration of certain services and functionalities (Google Analytics), there will only be the collection of your location, IP address and browser used and version.

(b) Other third parties, as necessary to:

I. Comply with a request from government authorities, a court order or applicable law (your name, address, telephone number and NIF may be collected);

II. Prevent illegal uses, violations of the Terms and Conditions of Use and Policies of our website pages;

III. Defend ourselves against third-party claims;

IV. Assist in the prevention or investigation of fraud;

V. We may also transfer your personal data in the event of the sale or transfer of all or part of our business or assets (including in the event of a reorganisation, spin-off, dissolution or liquidation).

VI. Remarketing. Our website pages make use of retargeting technologies. This technology allows us to show our visitors who have already shown interest in our store and our products, advertisements for our products on partner web pages. In addition, we work with other companies that use tracking technologies to serve advertisements on our behalf across the internet. These companies may collect information (only the URLs you visited will be collected) about your visits to our web pages and your interaction with our communications, including advertisements. Retargeting technologies analyze your cookies and show ads based on your past browsing behavior. For more information about cookies, see the cookies section.

Protection and Management of your Personal Data

Encryption and Security - We use a variety of technical and organizational security measures, including encryption and authentication tools, to maintain the security of your personal data. Your personal data is contained in protected datacenters and is only accessible by a limited number of people who have special access rights to these systems. In an international context, personal data is protected in accordance with applicable legislation.

Users' Rights

Users will be able to exercise certain rights regarding their Data processed by the Owner.

Having ordered products or services or registered an account with us, you will have access to a good part of your information through one of our website pages. Typically, our website pages offer the option to add, update or remove information we hold about you.

You have the right to request: 

1) Access to your personal data; rectification of your personal data if they are incomplete or incorrect; edit this data in your personal account;

2) Delete your personal data;

3) You also have the right to object to the processing of your personal data for legitimate justifying reasons related to your personal situation;

4) In cases where we obtain your consent for the processing of your personal data, you have the right to withdraw your consent at any time;

5) You also have the right to object to the processing of your personal data, including the exclusion of its use for direct marketing purposes via email, marketing or sms.

More specifically, users are granted rights that allow them to do the following:

• Withdraw your consent at any time. Users have the right to withdraw their consent in cases where they have given their prior consent to the processing of their Personal Data.

• Object to the processing of your Data. Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than their consent. Additional details are provided in the dedicated section below.

• Access your Data. Users have the right to know whether their Data is being processed by the Owner, to obtain disclosures about certain aspects of their processing and to obtain a copy of the Data being processed.

• Check and ask for correction. Users have the right to verify the accuracy of their Data and to request that it be updated or corrected.

• Restrict processing of your Data. Users have the right, under certain circumstances, to restrict the processing of their Data for any purpose other than their storage.

• Having your Personal Data erased or otherwise removed. Users have the right, under certain circumstances, to demand the deletion of their Personal Data from the Owner.

• Receiving your Data and having it transferred to another controller. Users have the right to receive their Data in a structured, commonly used and machine-readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This determination applies subject to the Data being processed by automated means and that the processing is based on the User's consent, on a contract in which the User is a party, or on pre-contractual obligations of the same agreement.

• Register a complaint. Users have the right to lodge a complaint with their competent Data Protection Authority.

To exercise the above rights, please consult your personal area at www.smileymindsacademy.com. If any of these rights are not available in your account, exercise your right by contacting us via email: geral@smileymindsacademy.com.

Details on the right to object to processing

In cases where Personal Data are processed for a public interest, in the exercise of an official authorization, in which the Owner is invested, or for purposes of legitimate interests pursued by the Owner, users may object to such processing by providing a reason related to your situation, in particular to justify the objection.

Users should be aware, however, that if their Personal Data is processed for direct marketing purposes, they can object to such processing at any time, without providing any justification. Users can consult the respective sections of this document.

Any requests to exercise users' rights can be directed to the Owner through the contact details provided in this document.

These requests may be exercised at no cost and will be attended to by the Owner as soon as possible and in all cases within a period of less than one month.

Your Data Retention Period

Personal Data will be processed and stored for as long as necessary to fulfill the purposes for which it was collected, unless otherwise required by law.

Therefore:

• Personal Data collected for purposes related to the execution of a contract between the Owner and the User will be kept until such contract has been completely fulfilled;

• Personal Data collected for purposes related to the Owner's legitimate interests will be kept for as long as necessary to fulfill those purposes. Users will be able to obtain specific information about the legitimate interests pursued by the Owner within the relevant sections of this document or by contacting the Owner. The Owner may be allowed to keep the Personal Data for a longer period whenever the User has given his authorization for such processing, as long as such authorization has not been withdrawn.

In addition, the Owner may be obliged to keep the Personal Data for a longer period on all occasions when he is obliged to do so for the fulfillment of a legal obligation, or in compliance with an order from an authority.

As soon as the retention period expires, the Personal Data will be erased. In this way, the right to access, the right to erase, the right to correct and the right to data portability cannot be enforced after the expiry of the retention period.

Changes to this Privacy Policy

Smiley Minds Academy is committed to observing the fundamental principles of privacy and data protection. Therefore, we regularly review our online privacy policy to make sure that it is error-free and clearly visible on websites, that it contains all the necessary information and that it is fully implemented and in compliance with data protection principles.

This privacy statement may be amended from time to time so that it always corresponds to new developments and opportunities relating to the internet and is in accordance with current legislation. Significant changes to this policy will be posted on our website along with an updated version of the online privacy statement.

If you have any questions about this policy, or about how Smiley Minds Academy collects and processes your personal data, you can send your questions to the email geral@smileymindsacademy.com.

Detailed Information on the Privacy and Cookie Policy

Cookie Policy

Cookies consist of pieces of code installed in the browser, which help the Owner to provide the Service in accordance with the objectives described. Some of the purposes for which Cookies are installed may also require user consent.

In cases where the installation of Cookies is based on consent, such consent can be freely withdrawn at any time following the instructions provided in this document.

Technical cookies and Cookies that serve aggregate statistical purposes

• Activity strictly necessary for the Service to function