The association “Último Recurso”, collective entity no. 516712047, operates in the field of legal activism in the area of climate justice. In the exercise of its missions, it is responsible for processing personal data collected by various means, including through its website.
I – Personal Data Protection
1. Personal data
1.1 “Personal data” means any information, regardless of its nature and support (e.g. sound or image), concerning an identified or identifiable natural person (the “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by name, identification number, location data, electronic identifier or other specific elements relating to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
1.2 Data concerning the racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership of the data subject, as well as genetic data, biometric data intended to identify the person and data concerning the health, sex life or sexual orientation of the data subject are qualified as sensitive, and their processing is prohibited, subject to the exceptions provided for by law.
2. Holders of personal data
2.1 The holder of the personal data is the natural person to whom such data pertains.
2.2 Within the framework of the activities developed by “Último Recurso”, the following shall be the holders of the collected data: members, volunteers, service providers and people who collaborate directly or indirectly with the activities of “Último Recurso”, as well as all natural persons who contact “Último Recurso” and provide their data, namely the recipients of the activities developed.
3. Principles of processing personal data
When performing its activities, “Último Recurso” is committed to the strictest compliance with the following principles:
3.1. Loyalty, lawfulness and transparency: the personal data are subject to processing in compliance with the legal provisions in force and in a loyal and transparent manner towards the respective holder;
3.2 Purpose limitation: personal data is collected only for specified, explicit and legitimate purposes and may not be further processed in a way incompatible with those purposes;
3.3. data minimization: personal data collected will be only as adequate and relevant and limited to what is necessary for the purposes for which they are collected
3.4 Accuracy: personal data collected will be accurate and updated where necessary;
3.5 Limitation of storage: personal data is stored in a way that allows the identification of the respective holders only for the period of time necessary to achieve the purposes underlying its processing;
3.6 Integrity and confidentiality: personal data is processed in a manner that ensures its security, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage.
4. Responsible for the treatment
4.1 The “Último Recurso” is responsible for the processing of the collected data.
4.2 As the controller, the “Último Recurso” ensures compliance with the principles listed in 3.
5. Lawful Data Processing
5.1. Processing of personal data” means any operation or set of operations which is performed upon personal data or sets of personal data, whether or not by automatic means.
5.2 The processing of personal data is lawful only in the following situations:
- The data subject has given his/her consent to the processing of his/her personal data for one or more specific purposes;
- The processing is necessary for the performance of a contract to which the data subject is party, or for pre-contractual steps at the data subject’s request;
- The processing is necessary for compliance with a legal obligation to which the controller is subject;
- The processing is necessary in order to protect the vital interests of the data subject or of another natural person;
- The processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
- The processing is necessary for the purposes of the legitimate interests pursued by the controller or a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
5.3 Consent may be obtained by any means, keeping a record of it at “Último Recurso”. The data subject has the right to withdraw his/her consent at any time, and the withdrawal of consent does not compromise the lawfulness of the processing carried out under the previous consent.
6. Purposes of data processing
6.1 The “Último Recurso” collects and processes personal data when the data subject interacts with its members and its websites, as well as when it collaborates in actions or activities developed for public. Such personal data are, for example:
- Name, age, date of birth and gender;
- Contact details (billing address, email, telephone contact…);
- Bank information;
- Information about communications with “Último Recurso”;
- Information collected in interviews or questionnaires to which the holder submits;
- Product reviews or testimonials, and other content submitted by the holder;
- Information related to the browser or device used to access the website;
- Information about the preferences of attendance to events organized by “Último Recurso” (face-to-face mode and online mode; obtaining a certificate…);
- Information about website preferences;
- Subscription to the newsletter of “Último Recurso”.
6.2 Within the framework of its missions and activities, the “Último Recurso” processes personal data for the following purposes:
- Financial data: financial data is collected for payment of remunerations and purchases of external services, execution of contracts and management of procurement procedures, for payment of participation in events organized by “Último Recurso” and for the payment of membership fees;
- Contractual procedures: data is collected for contract processing and preparation;
- Human Resources: data are collected for the management of human resources involved in the tasks of “Último Recurso”;
- Developed activities: data are collected in the context of event organization and participation in events;
- Outreach: data is collected for publicizing events and opportunities relevant to the activist community;
- Projects: data is collected for participation in national and international projects;
- Cooperation with institutional partners: data is collected to sign protocols, agreements and covenants and for their execution.
7. Conservation of personal data
7.1. The personal data collected are kept only for the period of time necessary to carry out the purposes for which they are processed.
8. Data Collection
8.1. The Último Recurso collects data directly – in person, by email, or through its online platforms (website, Facebook, Instagram…) – and indirectly – through its partners.
9. Rights of the data subjects
9.1 The Último Recurso guarantees the rights of the holders of the personal data processed:
- Right of access: the data subject has the right to receive confirmation that the personal data concerning him or her are, or are not, subject to processing, as well as to access his or her personal data.
- Right of rectification: the data subject has the right to obtain the rectification of personal data that is inaccurate, as well as the right to have incomplete data completed.
- Right to erasure of data: the data subject has the right to obtain the erasure of his or her personal data when the circumstances foreseen in art. 17/1 of the RGPD are met.
- Right to restriction of processing: the data subject has the right to obtain restriction of processing of their personal data when the situations provided for in art. 18/1 RGPD apply.
- Right to data portability: the data subject has the right to receive the personal data they have provided in a structured, commonly used and machine-readable format, as well as the right to transmit them to another controller if the processing is based on consent or a contract to which the data subject is a party or if the processing is carried out by automated means.
- Right to object: the data subject has the right to object at any time to processing of personal data concerning him or her on the grounds of legitimate interest or where the processing is carried out for purposes other than those for which the data was collected.
- Right of complaint: the data subject has the right to lodge a complaint with the National Commission for Data Protection (CNPD).
9.2 The rights may be exercised by the data subject by contacting the Último Recurso, through the following email address: firstname.lastname@example.org
9.3 The data subject may complain directly to the CNPD, in person at Rua de São Bento, no. 148, no. 3, 1220-181 Lisbon, by telephone 213 928 400, by fax 213976832 or by email to email@example.com.
10. Data transmission
10.1 The Último Recurso shall only transmit the personal data collected by virtue of legal obligations or consent of the data subject, for institutional communication purposes.
10.2 Último Recurso may transmit personal data to other partner organizations and trusted organizations of similar scope, in scenarios of joint organization of events or projects, in order to promote them, in what is strictly necessary for the fulfillment of the purposes and provided that this processing is compatible with the purpose for which the personal data were initially collected.
10.3 Último Recurso may share personal data collected with companies which provide services under contracts entered into; these third parties include service providers of order execution, website hosting, technical support, maintenance, research operations and institutional interviews, etc., to the extent strictly necessary for the fulfillment of the public purposes and provided that such processing is compatible with the purpose for which the personal data were initially collected.
II – Cookies Policy
11.1 For the present purposes, “cookies” are small pieces of information sent by a web server to a browser, through which the server identifies the pages opened, as well as other tracking technologies, including pixel tags and URL tracking.
11.2 Cookies track user preferences; they serve to help determine the usefulness, interest, and number of uses of websites visited, allowing faster and more efficient navigation and eliminating the need to repeatedly enter the same information.
11.3 There are two types of cookies:
Permanent cookies: they are stored in the computer browser and are used whenever the user returns to a website, allowing the provision of more personalized services.
Session cookies: these are stored in the browser’s cookie file temporarily, only whilst the user is visiting the website, allowing web traffic patterns to be analysed in order to improve the browsing experience.
III – Security
12.1 As the party responsible for the processing of personal data and information, Último Recurso ensures that it performs and promotes the appropriate and effective technical and organizational measures to comply with the principles of data protection, with the purpose of ensuring the permanent confidentiality, integrity, availability and resilience of its processing systems and services.
12.2 Último Recurso ensures the administrative, technical and organizational measures against a possible misuse or unauthorized access to the computer systems or paper support used to store and register the data collected in accordance with this Policy.
12.3 It is, however, the responsibility of the users/owners to guarantee and ensure that their computers are adequately protected against harmful software, computer viruses, etc.