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Legal Information

Terms & Conditions

 

General Terms, Policies and Conditions of Use of Kleya Premium Living’s digital presence

About Us

Copyrights

Content

Images and Video

Registered Trademarks and Logos

Content supplied by the Client or user

Social Networks

Terms and Conditions of the Newsletters Mailing List

Privacy, Safety and Data Protection Policy

Why?

Who is responsible for data management?

What are personal data?

What type of personal data do we process?

For what purposes are personal data used?

For how long is your personal data stored?

What are the Data Subjects Rights?

Under what circumstances is there data communication with other entities?

In what circumstances can your personal data be transferred?

What are the security measures adopted by Kleya?

How can I clarify any doubt about data protection?

How can I be informed of any changes of this Policy?

Legal Company Information

Participation of irregularities policy

Means of contact

General Terms, Policies and Conditions of Use of Kleya Premium Living’s digital presence

These are the General Terms, Policies and Conditions of Use of KPL - Kleya Premium Living (Kleya) the use of its websites, raffles and other products, services and digital features that are provided to our Clients or Users.

By accessing and navigating our website, and using our services, the Client or Users agree with and accept these General terms, policies and conditions of use, as well as our Privacy, Safety and Data Protection Policy, and all of the specific terms and conditions related to each one of the registered services or functionalities; in the event that the Client or User does not agree with these, we request that usage be immediately discontinued.

Kleya can modify, add to or remove parts of these General Terms, Policies and Conditions of Use, as well as all of the terms, policies and conditions published on the website at any time without advance notice. These changes will become effective immediately upon publication. It is the sole responsibility of the Client or User to remain informed and consult these General Terms, Policies and Conditions of Use and the other existing terms, policies and conditions on a regular basis. By continuing to use the Kleya websites, you agree with any and all changes made thereto.

Any use of the website which violates the content of these General Terms, Policies and Conditions of Use may result, among other consequences, in the termination or suspension of your rights to use the website.

All of the rights related to the Kleya websites and applications and to its digital presences are reserved.

© All rights reserved.

 

About Us

Kleya is a reliable consultancy for foreign nationals that seek to retire, live in or invest in Portugal. We provide guidance and all the necessary support during the phases of planning, moving to and living or investing in Portugal. Each Client is unique and our services are formulated to satisfy their individual needs.

For this, we establish long term commitments with our partners to achieve the main objective of ensuring the satisfaction of our clients through excellent service.

 

Copyrights

The content and structure of the Kleya websites and its digital presence on the Internet are protected by copyrights. Any reproduction of the information, programming or published data, in particular the use of content in the form of text, sections of text, data, images, videos or any other information, in any format, requires prior written authorization by Kleya. Additionally, Kleya reserves the right to update and make changes to the information published at any time without prior notice.

In order to remain up-to-date regarding any content, regularly consult these General Terms, Policies and Conditions of Use and visit the website pages on a regular basis.

 

Content

Kleya defines content as encompassing any and all information, in any format, existing on its website and within its digital presence, over any channel, whether it is published by Kleya, or by its Clients or users.

Kleya frequently changes, verifies and updates the content contained on the pages of its website. Despite the agility and diligence of its teams, it is possible that some information may not be up-to-date. Kleya does not guarantee, nor is responsible for the accuracy, completeness or current status of the data published at any time, in any form, and as such no responsibility can be attributed to Kleya for any inconvenience or damages resulting therefrom.

The use of content published on the website is not permitted, in whole or in part, without the prior written consent of Kleya. If during your navigation, you proceed to exit our website through the use of links which redirect you to third-party websites, Kleya hereby declares that it is not responsible for the content of these pages, and therefore no responsibility can be attributed to Kleya for any eventual damages resulting therefrom.

 

Images and Video

The images or videos used on the website are protected by copyright and cannot be reused, copied or reproduced in any way or by any means. In their majority, the images used come from image banks so that their use is forbidden due to the copyrights associated thereto.

Images or videos for which intellectual property and copyrights belong to Kleya Premium Living, cannot be used in whole or in part without prior express consent in writing by Kleya .

 

Registered Trademarks and Logos

Registered Trademarks and Logos

The registered trademarks and logos belonging to Kleya Premium Living, or any name, product or service slogan used on its website are the property of and cannot be copied, imitated or used, in whole or in part, without prior, express authorization in writing by Kleya Premium Living.

The use of metatags, or any other “hidden text” using Kleya Premium Living, or any other name, registered trademark, or product or service name belonging to is not permitted without the respective prior express authorization in writing.

Also the design, programming and layout of the website cannot be copied, imitated or used, in whole or in part, without the respective prior express authorization in writing.

 

Content supplied by the Client or user

The website may include areas for comments, messages or other functionalities that allow the Client or User to publish content of their own (“User Content”) in the form of text, comments, data, information, text, music, sound, photographs, graphs, code or other material in other formats.

The Client or User is for all effective purposes the only party responsible for the use of these areas and will use these at their own risk. The Client or User declares that the User Content they publishes is their own property and that they are the only holders of the rights over these. They further declare that they have the legal right to transmit, distribute and reproduce this content.

The Client or User further agrees not to make available any User Content that could in any way be illegal or illicit, prejudicial or that could cause damages of any kind, or that promotes behaviour or actions that could result in any such occurrence.

is not responsible for any loss or damages caused by any User Content, whether published or saved, nor for any declarations or User Content supplied by the users.

reserves the right, despite having no obligation in this respect, at its exclusive discretion, to monitor, moderate, view, edit, remove or not publish any User Content supplied, published or stored on its website, without prior notice.

The user recognizes and agrees that upon publishing User Content on our website, they are granting perpetual, irrevocable, non-exclusive rights over such User Content, free from any charges, totally sub-licensable for use, reproduction, adaptation, publication, translation, creation of derivative works, distribution and presentation throughout the entire world and through any medium. The Client or User concedes to the right to use the name submitted with the content.

 

Social Networks

is present in various social networks such as for example Facebook, YouTube, Twitter, Instagram, and Linkedin, and has created its profiles in the social networks to be closer to its Clients and Users, to hear them and so that they can better understand our activity, with the main objective of stimulating transparent and productive dialogue with and among our participants. manages its official presence on social networks, and updates it in accordance with the criteria defined by the company. abides by the terms and conditions of use of the social networks where it is present.

is a leader in Client service, and through its profiles on social networks, Facebook in particular, provides all help, information, raffles and other functionalities to its fans and, through this medium seeks to provide answers to their needs and questions. expects that the user, when requested, provide correct data and truthful information that will ensure the help is effective. The user must not in any situation provide false, incorrect, fraudulent or speculative information. reserves the right to exclude such messages, as well as the user’s profile, from its accounts on social networks.

The content inserted by the users on the social networks represents the author’s opinion and does not necessarily reflect the opinions or policies of Kleya Premium Living. In this manner, is not responsible for the opinions presented in its social network profiles by its users and does not ensure or guarantee the veracity or exactness of the information contained therein, thus declining any responsibility in relation to its publication. reserves the right, if it so chooses, to remove, or not to publish, any format of content that is manifestly racist, sexist, abusive, or which incites violence, obscenity, or contains falsehoods, is defamatory, or that remits to illegal activities. The content published by profiles which appear to be false will be removed, and content which is of a promotional, or commercial nature, or publicity is not permitted.

We advise our Clients and Users that they should not, for questions of safety and protection, provide their personal data on social network walls, as these will be public.

reserves the right to remove, cancel or close, without prior notice, any of its accounts or profiles, or part of these, in any of the social networks in which it is present.

 

Terms and Conditions of the Newsletters Mailing List

Upon joining the mailing list for the newsletter on our website, the Client or User provides permission for to send to the indicated email address, personalized offers, publicity campaigns, promotions, campaigns or information related to or its partners in accordance with the subscribed newsletter.

We use the supplied data, which are requested in the newsletter registration form, to send you news that provides information about subjects related to activities, or activities conducted by its partners or associates.

We declare that, upon subscribing to our newsletters, this subscription presupposes the Client or User accepts these Terms and Conditions of Subscription as well as the General Terms, Policies and Conditions of Use, and our Privacy, Safety and Data Protection Policy.

If a link in the newsletter redirects the Client or User to our web pages, this also authorizes us to process and use your IP address, location data, web beacons and similar technologies. We use this information in order to verify if the offers that were presented to you correspond to your preferences, and to improve your browsing experience.

We will process and use the data supplied as long as the newsletter is subscribed to. Your data will always be handled in accordance with our Privacy, Safety and Data Protection Policy and Data Protection Policy and the General Terms, Policies and Conditions of Use of our websites and applications.

In relation to any data they come to provides through the website, the Client or User agrees to provide precise, accurate and truthful, current and complete information, and that they will keep such data up-to-date whenever so requested.

The subscription to the mailing list can be cancelled at any time, as well as the processing and the use of your e-mail address and remaining data in the scope of the newsletter. For this, please exercise your rights of rectification and cancellation of provided personal data, in writing to: _______ We will cease sending the newsletter as it will be cancelled.

 

Privacy, Safety and Data Protection Policy

Kleya is committed to protect the privacy of its Clients and the Users of its websites. In this context, this Privacy, Safety and Data Protection Policy was prepared to affirm this commitment and respect for the rules of privacy and protection of personal data.

Thus, and when in this Privacy Policy we refer to Kleya, we are referring to a consultant who can be trusted by foreign nationals that wish to retire, live or invest in Portugal.

 

Why?

We want our clients and users to know the general rules regarding privacy and the handling of the data that we store in strict respect and compliance with European legislation, specifically the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016 - GDPR).

Kleya seeks to respect best practices in matters of safety and the protection of personal data, through the promotion of actions and improvements to systems that ensure the protection of the data provided by our Clients and Users.

The use of our websites, products and digital services, the completion of our forms and providing data directly, imply the knowledge of this privacy and safety policy and the acceptance of the General Terms, Policies and Conditions of Use and of other specific terms, policies and conditions of the subscribed services. Upon subscribing to our services, carefully read the respective terms and conditions. Upon providing your personal data, you authorize the registration, handling, use and disclosure of these in accordance with the rules defined herein.

 

Who is responsible for data management?

References in this Privacy Policy to "Kleya", "we", "us" or "our" shall mean the following entity:

  • Kpl - Kleya Premium Living, Unipessoal Lda

Address: Praça Príncipe Perfeito n°2, 1990-278 Lisboa

Tax Number: 513502416

Contact: +351 211 214 983

 

This entity will be the data controller in accordance with the General Data Protection Regulation.

 

Kleya provides this service and within this context adequately decides, always in strict compliance with the Personal Data Protection Law, which data will be recorded, the means for handling this data and the format and purpose for which these are used.

Kleya may record your data by telephone, in writing or through its website and applications. As a rule, personal data are recorded when Client registers for one of our products or services, or when an order or contact is made through our website or through our Customer Service Centre.

The supply of some personal data is obligatory because it is necessary for the performance of the contract, and in the event that this data is lacking or is insufficient, Kleya may not render the service or supply the product in question. In these cases, the Client or user will be duly informed regarding the obligatory nature of this data to continue the process.

The recorded personal data are handled electronically and in strict compliance with the Personal Data Protection Law, and these are stored in specific databases created for this purpose.

 

What are personal data?

Personal data includes any information collected by us, or supplied by the Client or user, regardless of the means used for such collection, including sound and images, for individuals which allow themselves to be identified.

Personal data is considered to be any information about an individual who is identified, or becomes identifiable, by means of such information, and whose identification can occur directly or indirectly, specifically through an identification number, name, date of birth, telephone, e-mail, address or other elements.

All personal information that Kleya may collect when the Client or user visit the website are: (i) necessary for the performance of the contract/relationship to which the client is party or in order to take steps at the request of the client prior to entering into a contract/relationship; (ii) collected with prior consent from the Client or user; (iii) necessary for compliance with a legal obligation to which Kleya is subject (iv) necessary for the purposes of the legitimate interests pursued by the controller or by a third party. All of the data are treated in conformance with GDPR and the Portuguese law (Lei nº 58/2019, de 08 de Agosto). The present data protection policy is in line with the guidelines by which Kleya is governed, actively committed to respect the privacy of its clients and users.

 

What type of personal data do we process?

Kleya records and handles personal data which is required for the rendering of services and/or the registration for features, products, services, or communication, including in this scope data such as:

  • Your name, identification and contact details (email address, telephone number and postal address)

Some personal data is mandatory and, in case of lack or insufficiency of such data, Kleya will not be able to provide the product or service in question. In such cases, the Customer or user will be duly informed of the obligation to provide such data. Applicable when you subscribe to a plan or create an Account on our sites.

  • Data concerning the subscribed plan of services such as client number, gender, profession, recreational activities, education data, vehicle data...

Some personal data is mandatory and in case of lack or insufficiency of such data Kleya will not be able to provide the product or service in question. In such cases the Customer or user will be duly informed of the obligation to provide such data. Applicable when subscribing to a plan.

  • Information about other people (including children)

When providing data to third parties, you should ensure that you have been authorized by them to provide us with their personal data, as well as inform them of the way in which Kleya processes personal data in accordance with this Policy.

When subscribing products, we may process personal data of the household or other people included in the service, which has been provided to us by the plan owner.

Kleya is particularly concerned with the protection of the rights of minors and therefore the collection of personal data of people under 18 years of age is subject to the consent of their parents/guardians. For this purpose, when collecting data from minors, the consent of the parents/guardians of the minors will be requested.

  • Information about your transaction, including financial data

In order for us to process the services payments.

  • Communications that you exchange with us (for example, your emails, letters, phone calls to the Contact Center or communications by Whatsapp)

Applicable when you contact Kleya or are contacted by Kleya.

  • Your opinion about us

Applicable when you participate in our satisfaction surveys/questionnaires.

  • Information about how you use our websites or applications

Applicable when you use our websites or applications in accordance with our Terms and Conditions of Use of Tracking Technologies (cookies).

  • When you make a complaint

In order for us to process your complaint.

 

Kleya also records traffic and localization data with prior consent from the Client or user, without prejudice to the fulfilment of legal standards.

 

For what purposes are personal data used?

The personal data supplied or collected are generally used to:

  • Sign up a new private account on Kleya’s website (legal basis: performance of a contract or steps prior to entering into a contract)
  • Provide our products and services, during the rendering of contracted, registered or reserved services (legal basis: performance of a contract or steps prior to entering into a contract)

We use your above information to provide our products and services.

  • Communicate and manage our relationship with you, including complaints or suggestions management (legal basis: performance of a contract or steps prior to enter into a contract)

Occasionally, we may contact you by e-mail, phone call or SMS for administrative or operational reasons, for example, in order to send you confirmation of your payments as well as to inform you about complaints processing. As these communications are not undertaken for marketing purposes, you will continue to receive them even if you have opted out of marketing communications. We will also use your personal data to respond to your requests, suggestions or contacts, to improve our services and your customer experience.

  • Inform you about news and offers of interest to you (legal basis: consent)

We may send you marketing communications if you have indicated that you wish to receive them. If you agree to receive marketing communications, we will send you newsletters with news from us, such as new products you may be interested in or offers you may like. Please note that we do not share your personal data with other companies for marketing purposes unless we have your consent to do so. If you do not wish to receive further marketing communications from us, simply click the unsubscribe link at the bottom of any Kleya marketing communication.

  • Improve our services and meet our business and administrative goals (legal basis: legitimate interests)

The business purposes for which we use your information include accounting, billing and auditing, security, legal and procedural purposes, statistical studies, as well as systems development and maintenance.

  • Comply with our legal obligations (legal basis: compliance with a legal obligation)

In particular, the obligation to provide your personal data to the Tax Authority.

 

For how long is your personal data stored?

The personal data collected is treated in strict compliance with the applicable legislation, and is stored in specific databases created for this purpose. The period for which the data is stored and retained varies according to the purpose for which the information is used. The data necessary for the provision of the subscribed products and services will be kept for as long as you maintain your relationship with us, unless we are obliged by legal requirements to keep the data for a longer period.

With regard to the processing of personal data for which your consent is required (i.e. marketing), the data will be kept until you revoke your consent.

 

What are the Data Subjects Rights?

In accordance with the provisions of the GDPR, the owner of the data is guaranteed, at any time:

  • The right to be informed - The data subject has the right to receive information about the terms of processing of his or her personal data at the time of collection of the data or, if the data is not collected from the data subject himself or herself, within a reasonable time after obtaining the personal data, unless exceptions provided in the GDPR.
  • The right to access - The data subject has the right to obtain confirmation as to whether or not personal data are being processed and, where appropriate, the right to access his/her personal data, as well as information regarding the purposes of processing, the categories of personal data concerned, the recipients of the data, and the expected period of retention, among others.
  • The right to rectification - You have the right to obtain, without undue delay, the rectification or updating of inaccurate personal data concerning you.
  • The right to erasure - The data subject has the right to obtain the erasure of his or her personal data, without undue delay, within the limits provided by law.
  • The right to restriction of processing - The data subject has the right to obtain the limitation of processing if one of the conditions in the GDPR applies.
  • The right to data portability - The data subject has the right to receive the personal data concerning him/her that he/she has provided in a structured, commonly used, and machine-readable format.
  • The right to object - The data subject shall have the right to object at any time, on grounds relating to his or her particular situation, to processing of personal data concerning him or her, in particular where his or her data are processed for the purposes of direct marketing.
  • The right not to be subject to a decision based solely on automated processing - The data subject shall have the right not to be subject to a decision taken solely on the basis of the automated processing of his or her personal data, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.

You may request, at any time, the exercise of the rights listed above (with the exception of data strictly necessary for the provision of the service) by e-mail to privacidade@kleya.eu.

Without prejudice to any other administrative or judicial appeal, the data subject has the right to lodge a complaint with the CNPD or other supervisory authority competent under the law, if he or she considers that his or her data is not being legitimately processed by Kleya, in accordance with applicable law and this Policy.

 

Under what circumstances is there data communication with other entities?

Kleya may utilize other entities for the rendering of specific services. Eventually these services may imply access by these entities to the personal data of Clients and/or users.

Thus, any entity subcontracted by Kleya will handle the personal data of our Clients and/or users, in the name of and on behalf of Kleya, under strict obligation to adopt the measures required to ensure the protection of the personal data from destruction, whether accidental or illicit, accidental loss, change, disclosure or unauthorised access, and from any other form of illicit handling.

Kleya seeks to ensure that these processors are carried out with the highest guarantees in terms of safety and reputation.

The Client or user data may need to be preserved and communicated for the use of the competent authorities, in compliance with legal obligations, in the event that Kleya is notified by these entities to supply these, always in strict compliance with GDPR.

 

In what circumstances can your personal data be transferred?

The rendering of specific services by Kleya may result in the transfer of your data out of Portugal.

In such a case, Kleya will rigorously comply with the applicable legal dispositions in respect to the protection of personal data and the applicable requirements to such transfers, namely by informing the Client or user.

 

What are the security measures adopted by Kleya?

Kleya is committed to ensure the confidentiality, protection and security of its clients' personal data by implementing appropriate technical and organizational measures to protect their data against any form of improper or illegitimate processing and against any accidental loss or destruction of such data.

Because we recognize the sensitivity of this subject, we have drawn up and disclosed a Personal Data Protection Policy to all our employees, in order to ensure that they are aware of the obligations imposed on them in this regard. To ensure the ongoing awareness of our employees, we have also developed training sessions for them, who undertake to not disclose to third parties or use for purposes contrary to law, any personal information of Kleya customers that they learn while performing their work duties.

In this context, Kleya has also appointed a Data Protection Officer ("DPO") to monitor compliance with applicable policies and standards on personal data protection.

 

How can I clarify any doubt about data protection?

You may contact the Data Protection Officer ("DPO") of Kleya at dpo@kleya.eu. For further information about the actual processing of your Personal Data, as well as any questions related to the exercise of your rights under applicable law, and in particular those referred to in this Policy, you may contact the Controller by e-mail at privacidade@kleya.eu

How can I be informed of any changes of this Policy?

Kleya reserves the right to make changes or updates to its Privacy, Safety and Data Protection Policy at any time, and these changes will be duly updated on this page. We suggest that you regularly consult it to be aware of any eventual changes.

 

Legal Company Information

Company Data:
Entity: KPL – Kleya Premium Living, Unipessoal LDA
VAT: 513502416
Headquarters: Praça Príncipe Perfeito, nº2 – 1990-278 Lisboa
Capital: 32.894,84 €

Company data relating to the Insurance Mediation activity:
ASF registration: 422573263/3
Type of Insurance: Life / Non Life
Category: Mediator

 

Company Data: Entity: KPL – Kleya Premium Living, Unipessoal LDA VAT: 513502416 Headquarters: Praça Príncipe Perfeito, nº2 – 1990-278 Lisboa Capital: 32.894,84 € Company data relating to the Insurance Mediation activity: ASF registration: 422573263/3 Type of Insurance: Life / Non Life Category: Mediator

 

Participation of Irregularities Policy

Under the legal terms in force, we provide means of contact for receiving reports of internal irregularities related in particular to the following matters: a) act or omission, which is contrary to the rules contained in the acts of the European Union referred to in the Annex to Directive (EU) 2019/1937 of the European Parliament and of the Council, to national rules that implement, transpose or comply with such acts or to any other rules contained in the legislative acts of execution or transposition thereof, including those that provide for crimes or misdemeanors, referring to the domains of: public procurement, services, products and financial markets, product safety and compliance, transport security, protection of the environment, food and feed safety, animal health and animal welfare, public health, Consumer defense, protection of privacy and personal data and security of the network and information systems, financial interests of the European Union, internal market rules, including competition and state aid, and corporate tax rules, violent crime, especially violent and highly organized crime, to the extent that they are related to the activity of the covered entity, pursuant to the provisions of art. 2 of Law No. 93/2021, of December 20. b) Harassment under the terms of Law No. 73/2017, of 16 August All entries are treated independently, the protection of personal data and the confidentiality of the identity of the author of the entry is ensured, and it is possible to maintain anonymity, if you so wish. The author of the report who, in good faith, and having serious grounds to believe that the information is, at the time of the report, true, benefits from the protection conferred by the law, being prohibited the acts of retaliation against him.

 

Means of contact

IT platform available through a link accessible on the website HERE. The following matters, for which there are specific channels available, should not be reported through these means: Complaints about services or products, requests for commercial information, assistance or of a general nature. Consult the PARTICIPATION OF IRREGULARITIES POLICY

 

Participation of Irregularities Policy

Under the legal terms in force, we provide means of contact for receiving reports of internal irregularities related in particular to the following matters:

a) act or omission, which is contrary to the rules contained in the acts of the European Union referred to in the Annex to Directive (EU) 2019/1937 of the European Parliament and of the Council, to national rules that implement, transpose or comply with such acts or to any other rules contained in the legislative acts of execution or transposition thereof, including those that provide for crimes or misdemeanors, referring to the domains of:

  • public procurement,
  • services, products and financial markets,
  • product safety and compliance,
  • transport security,
  • protection of the environment,
  • food and feed safety, animal health and animal welfare, public health,
  • Consumer defense,
  • protection of privacy and personal data and security of the network and information systems,
  • financial interests of the European Union, internal market rules, including competition and state aid, and corporate tax rules, violent crime, especially violent and highly organized crime, to the extent that they are related to the activity of the covered entity, pursuant to the provisions of art. 2 of Law No. 93/2021, of December 20.

b) Harassment under the terms of Law No. 73/2017, of 16 August All entries are treated independently, the protection of personal data and the confidentiality of the identity of the author of the entry is ensured, and it is possible to maintain anonymity, if you so wish. The author of the report who, in good faith, and having serious grounds to believe that the information is, at the time of the report, true, benefits from the protection conferred by the law, being prohibited the acts of retaliation against him.

Means of contact:

  • IT platform available through a link accessible on the website HERE.

The following matters, for which there are specific channels available, should not be reported through these means:

  • Complaints about services or products, requests for commercial information, assistance or of a general nature.

 

Consult the PARTICIPATION OF IRREGULARITIES POLICY

 

Date: 22/01/2023

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