Privacy Policy MARKTEST GROUP

This document constitutes the Privacy Policy of the companies of the MARKTEST GROUP and is also applicable to the websites of the companies of the MARKTEST GROUP ("MARKTEST Sites").

The companies of the MARKTEST GROUP are dedicated to the activity of market and opinion studies and surveys (hereinafter, jointly, "Studies") and software development, each of which is dedicated to carrying out Studies and/or developing specific computer tools that they carry out on their own initiative or at the request of their clients (hereinafter, the "Activities").

This Privacy Policy applies to the following companies of the MARKTEST GROUP (hereinafter referred to as "MARKTEST" or "we") and to the processing of personal data carried out by them:

  • MARKTEST INVESTIMENTOS, SGPS, S.A., with registered office at Rua de São José, n.º 183 – 2º 1169-116 Lisboa, NIF 504115561. To learn more about the company click here
  • MARKTEST, LDA. with registered office at Rua de São José, n.º 183 – 2º 1169- Lisboa, NIF 501070982. To learn more about the company click here
  • MEDIAMONITOR LDA. with registered office at Rua de São José n.º 183 – 2º 1169- Lisboa, NIF 504890778. To learn more about the company click here
  • MARKDATA, SA, with registered office at Rua de São José n.º 183 – 2º 1169- Lisboa, NIF 502169257. To learn more about the company click here
  • MVG EUROPE LDA. (MEDIALOG), with with registered office at Rua de São José n.º 183 – 2º 1169- Lisboa, NIF 504576712. To learn more about the company click here
  • TAGUSWORLD ANALYTICS, LDA (TWA), with registered office at Rua Padre Luís Aparício, n.º 10, 1º andar, 1150 - 248 Lisboa, NIF 515006335. To learn more about the company click here

This Privacy Policy applies to personal data that is provided to MARKTEST through (i) coupons, (ii) telephone, (iii) e-mail, (iv) forms on MARKTEST platforms, mobile applications and/or websites (collectively, "MARKTEST Sites"), or (iv) through any other means of collection, including in person.

The privacy practices of MARKTEST and the MARKTEST Sites comply with the General Data Protection Regulation and other applicable data protection legislation.

1. Data Controller

The companies of the MARKTEST GROUP identified above are the entities responsible for the collection and processing of your personal data. In each case, the controller of your personal data will be the MARKTEST entity that carries out the specific Activity within the scope of which your personal data are processed or that concludes a contract with you.

With regard to the MARKTEST Sites, the person responsible for the processing of the personal data made available therein is the company of the MARKTEST GROUP that provides the corresponding website.

Except in cases where your application is addressed to a specific company of the Marktest Group, in which case the controller of personal data will be such a company, the personal data processed in the context of job applications may be processed by any of these companies in the capacity of Controller.

2. To whom this Privacy Policy applies

This Privacy Policy applies to:

Participants – this category of data subjects covers persons participating in Studies carried out by MARKTEST, including in panels for this purpose. This category also covers potential participants who are contacted by telephone by MARKTEST to participate in the Study, through the use of a program that randomly generates telephone numbers, even if they do not agree to participate in the study. In the case of Participants under the age of 16, they may only participate in Studies with the consent of the holders of parental responsibilities or guardians.

Third parties – this category of data subjects covers the holders of parental responsibilities or guardians, in case of the participation of children under 16 years of age in a Study conducted by MARKTEST.

Customers and Suppliers – this category of data subjects covers the customers and suppliers themselves who are natural persons and the legal representatives and contact persons of customers and suppliers who are legal persons. In the latter case, this Privacy Policy shall be transmitted by customers and suppliers to the data subjects concerned;

Users of the Sites – this category of data subjects includes persons who use the MARKTEST Sites, whether registered or not, including persons who contact MARKTEST through a form made available on the MARKTEST Sites, not including participation in Studies.

Candidates – this category of data subjects covers all those who submit a spontaneous application to work at MARKTEST.

3. What personal data is processed and how do we collect it?

Personal data means information relating to an identified or identifiable natural person, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, one or more specific elements of physical, physiological, genetic, mental, economic, cultural or social identity, etc.

Participants – for contacts and participation in Studies, we process personal data of participants which include, among others, identification data, contact data and geographical area, data relating to the composition of the household, data relating to qualifications/education, data relating to professional status, their opinions or preferences or image and voice (where applicable).

Whenever the data subject is contacted by MARKTEST through the use of the program of random generation of telephone numbers and does not agree to participate in the Study, the only personal data processed by MARKTEST is the telephone / mobile number, to which no other data is associated.

We point out that, in order to carry out certain Studies, MARKTEST may only need information regarding the opinion or preference of the Participants, without the need to collect and process personal data.

The personal data of the Participants are provided directly by them, with the exception, in certain cases, of the personal data of minor Participants, which may be provided by the holder(s) of parental responsibilities or guardian(s).

In certain Studies, information relating to members of the Participant's household or other persons may be shared by the Participant. However, such persons are not identified or identifiable by MARKTEST.

Third parties – whenever the performance of Studies involves the processing of personal data of minors, MARKTEST will process personal identification data of the holder(s) of parental responsibilities or guardian(s), provided by them, for the purpose of providing consent to the participation of the minor in the Study. In this case, the personal data will be provided directly by the holder(s) of parental responsibilities or guardian(s).

Customers and Suppliers – in order to be able to conclude contracts and manage the contractual relationship, we process the identification, contact and data relating to the professional life (position) of the legal representatives and contact persons of the customers and suppliers. Where customers and suppliers are natural persons, we may also process financial information (e.g. bank details).

The personal data of Customers and Suppliers are provided directly by them or, in the case of contact persons in Customers and Suppliers that are legal persons, may be provided directly by the contact persons or through the Customers and Suppliers or their employees.

Users of the Sites – we process the identification and contact data of the users of the MARKTEST Sites.

MARKTEST uses on its Sites software and computer systems that collect, during their normal operation, some personal data (called log files), the transmission of which is implicit in the use of Internet communication protocols. This information (e.g. IP address, time of request, numeric code indicative of the status of the response issued by the server, etc.) is not collected to be associated with identified persons; However, due to their nature, they may, through the processing and integration with data held by third parties, allow the identification of users. This data is used for the sole purpose of obtaining anonymous statistical information about the use of the Site and to verify that it is functioning correctly.

The MARKTEST Sites use cookies and similar technologies to ensure the efficiency of their operation, to store information such as your personal preferences when you visit the page and to improve our service. Some cookies collect personal data from Site Users. To find out which cookies are used on the MARKTEST Sites, how to disable them and/or refuse consent, or to obtain other information, you should consult the Cookies Policy available on each MARKTEST Site.

When we process personal data resulting from the use of Social Buttons, we are responsible for the processing jointly with the social media platforms to which the social buttons refer. For more information see the Cookies Policy available on the MARKTEST Sites.

The personal data of Users of the Sites are provided directly by them.

Candidates – we process personal identification data, contact, data relating to qualifications / instruction, data relating to professional life (professional training, professional situation, professional history), financial information (expected remuneration) and any other data included in the CV or cover letter.

The personal data of Candidates are provided directly by them, except in the case of professional references, in which case they may be provided by third parties, duly authorized by the data subject.

Applicable to all – we may also process other personal data that is provided in the context of a request for contact, information or complaint or necessary to comply with a request from an authority or to defend a right of MARKTEST in court.

For more information on the data we process, please refer to the Annex.

3.1. Special Data Categories

Special categories of data (or sensitive data, as they are commonly called) are personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, health data or data relating to a person's sex life or sexual orientation.

As a general rule, MARKTEST does not process special categories of data. Without prejudice, in some specific studies some sensitive personal data of the Participants (such as health data or political opinion) may be processed. In such cases, MARKTEST will always inform the Participants before the start of the study and obtain their explicit consent for the processing of such personal data.

For more details on the personal data that MARKTEST processes in relation to each category of data subject, please refer to the table below.

4. What are the purposes and legal grounds for the processing?

The Personal Data referred to above, provided by its holders to MARKTEST, are processed by MARKTEST for the purposes described below. See the Annex for further details, including on the grounds of legitimacy on which we rely in each case.

Participants – If you are a Participant, we process your personal data, based on your consent, to carry out Studies, creation and management of participant databases and creation and sociodemographic profile of participant. Also based on consent, we also process personal data for purposes related to the performance of Studies, such as quality control (to avoid undue or ineligible participation) or call recording. We also process personal data for the pursuit of our legitimate interests, in cases where the initial contact is made for participation or for the purposes of employee training.

Third parties – We process the data for the purposes of authorizing the participation of a Participant under 16 years of age, based on consent.

Users of the MARKTEST Sites – We process the data for the purposes of registration and access to the MARKTEST Sites, based on the execution of the terms and conditions of the website, for purposes related to the maintenance, management and improvement of the systems and statistical purposes, based on the legitimate interests of MARKTEST and consent, when there is use of non-essential cookies. Based on consent or, in certain cases, on the legitimate interests of MARKTEST, personal data may also be used to send direct marketing communications, including newsletters.

Customers and Suppliers – we process personal data for the purposes of executing the contractual relationship, including contact management, billing and payments and compliance with contractual obligations, based on the contract concluded, the legitimate interests of MARKTEST and applicable law. Based on consent or, in certain cases, on the legitimate interests of MARKTEST, personal data may also be used to send direct marketing communications, including newsletters.

Candidates – we process personal data for the purposes of recruitment and selection, based on pre-contractual procedures at the request of candidates, the legitimate interests of MARKTEST, compliance with legal obligations and, in certain cases, on the basis of consent.

Applicable to all – we also process personal data for the management of contacts or complaints, dispute management, cooperation with authorities or for the purposes of corporate reorganization, based on the legitimate interests of MARKTEST or applicable law.

5. To whom do we communicate personal data?

For the purpose of managing its activity and providing the services, MARKTEST uses, in certain cases (such as, for example, for the purpose of recruitment of Participants, moderation of studies, maintenance and technical management of the computer system, management of information systems), third party service providers who process the data in the name and on behalf of MARKTEST and according to its instructions. Such service providers assume the status of subcontractors of MARKTEST and may have access to personal data for the exclusive purposes of providing their services to MARKTEST. MARKTEST requires its subcontractors to comply with a set of obligations, including the adequate protection of personal data by ensuring the use of appropriate technical and organizational measures to ensure their security and confidentiality, as well as the prohibition of the use of such data for any purpose other than the provision of the service to MARKTEST.

Except for the situations described below, as a general rule, MARKTEST does not communicate to any third parties the personal data it processes.

In certain cases, the data of Participants may be communicated to the MARKTEST customer who ordered the study. This will happen in certain studies that must be recorded – the recording being made available to the client – or that are watched/viewed by the client. In these situations, MARKEST will duly inform the data subject about the occurrence of such data communication. It should be noted that, in certain cases, it will not be possible for MARKTEST to identify the Client who commissioned the study before the start of this study so as not to condition the participation of the Participant; in such cases, the Client's identity will be communicated at the end of the study.

In certain situations, any personal data processed by MARKTEST ("Applicable to all") may be communicated, when required by applicable legal provisions, to judicial, police or administrative authorities that may legitimately receive them under the legal terms. In addition, if MARKTEST reorganizes its corporate structure or sells part or all of its business, it will have to transfer the personal data to the acquirer.

In certain cases, MARKTEST may transfer personal data outside the European Economic Area, for example to the United States of America. When this happens, MARKTEST ensures that personal data will be transferred only to entities located in countries that guarantee an adequate level of protection of personal data pursuant to a decision of the European Commission or to entities with which MARKTEST has concluded a contract on the basis of the standard contractual clauses approved by the European Commission. You can obtain more information on this subject or obtain a copy of these clauses by contacting the Data Protection Officer of MARKTEST.

6. What are the conditions of treatment?

MARKTEST, as Responsible for the Processing of the Personal Data made available to it, observes all applicable legal provisions regarding the processing of the data collected by it. MARKTEST guarantees the quality, accuracy, integrity and confidentiality of the data entrusted to it as well as the legitimacy for its processing under the legal terms, namely the lawfulness, security and confidentiality of the processing, the non-subsequent use of personal data for purposes other than those stated at the time of collection, unless the subsequent express consent of its holder, and the retention of the data only for the period necessary to pursue the purposes that determined the collection/processing.

MARKTEST has adequate technical and organizational measures in place to protect the personal data of MARKTEST Data Subjects against accidental or unlawful destruction, accidental loss, alteration, unauthorized disclosure and/or access.

With the exception of the personal data of the legal representatives of the Customers and Suppliers of MARKTEST and of the Users of the MARKTEST SITES whose provision is necessary for the purpose of the execution of the contract with MARKTEST and, in the case of Customers and Suppliers, also for compliance with legal obligations, the communication of personal data to MARKTEST is voluntary. Without prejudice, the use of the services made available on the MARKTEST Sites, the participation in the MARKTEST activities and the recruitment and selection activities are, in general, conditioned on the provision of personal data, without which it will not be possible for you to fully benefit from the services made available by MARKTEST.

7. Retention of data

In accordance with the law, MARKTEST will only process Personal Data for the period necessary for its processing. At the end of this period, the data will be deleted or anonymised so as not to allow their identification.

As a general rule, personal data will always be kept by MARKTEST for the period necessary to comply with legal obligations to which MARKTEST is subject, when applicable, or if necessary for the purposes of declaration, to the exercise or defense of a right in a judicial proceeding, in which case they will be decided until the dispute becomes final.

Participants and Third Parties – the personal data of these data subjects will be kept for a period of 5 years from the last effective contact with the Participant, unless the consent is revoked before that date.

Users of the Sites – the personal data of these data subjects will be kept as long as the User's registration remains active and for a period of 5 years after inactivity. For statistical purposes, the data of the Users will be anonymised in such a way as not to allow the identification of their holders and will therefore be kept indefinitely.

Candidates – the personal data of candidates who are not recruited will be kept for a period of 12 months after receipt of the application or at the end of the recruitment process, as applicable. Some of the personal data may be kept for a period of 5 years, when necessary for the fulfillment of legal obligations to which MARKTEST is attached. If the candidate is recruited, their personal data will be kept in accordance with the privacy policy applicable to employees.

Customers and Suppliers – except in the case of personal data of contact persons, which will be kept only for the duration of the contractual relationship, the personal data of customers and suppliers will be kept for the duration of the contractual relationship and, thereafter, for a period of 20 years.

Other data retention periods may apply. Further information can be provided upon request to the Data Protection Officer (whose contact information is available in Section 10).

8. Rights of data subjects

MARKTEST assures the Data Subjects all the rights legally provided for, namely the right of access, rectification, erasure, limitation of data processing, opposition to data processing, data portability, revocation of consent and to obtain all information relating to such processing, as well as the basis for international data transfers, if applicable. You may also exercise a right of complaint to the supervisory authority. For more information about your rights, please see the table below.

RIGHT

MEANING

ACCESS

You have the right to obtain confirmation as to whether or not MARKTEST processes personal data concerning you and, if applicable, to request access to your personal data.

The information accessed includes, but is not limited to, the purposes of the processing, the categories of personal data in question and the recipients or categories of recipients to whom the personal data have been or will be disclosed.

You have the right to obtain a copy of the personal data being processed. For additional copies requested by you, we may charge a reasonable fee based on administrative costs.

RECTIFICATION

You can request the rectification of inaccurate data and the updating of incomplete data. Whenever possible and/or reasonable, we will inform third parties to whom we have transmitted your data about the rectification and updating.

DELETION

You have the right to ask us to erase the personal data about you whenever:

  • The personal data are no longer necessary for the purpose for which they were collected; or
  • You have withdrawn your consent (if the data processing is based on consent); or
  • after the successful exercise of its right of opposition; or
  • the personal data has been processed unlawfully; or
  • The data must be deleted in order to comply with a legal obligation to which MARKTEST is subject.

MARKTEST is not obliged to comply with your request for erasure of personal data if the processing of your personal data is necessary:

  • To comply with a legal obligation; or
  • For the purpose of establishing, exercising or defending a right in legal proceedings.

LIMITATION

You have the right to obtain from MARKTEST the limitation of the processing of your personal data. In this case, the respective data will be marked and will only be processed by MARKTEST for certain purposes. This right may be exercised only where:

  • The accuracy of your personal data is disputed so that we can verify its accuracy; or
  • The processing is unlawful, but the data subject opposes the erasure of their personal data; or
  • the personal data are no longer necessary for the purposes for which they were collected, but the data subject still needs them for the purposes of declaring, exercising or defending a right in a judicial proceeding; or
  • has exercised the right to object and verification of the prevailing grounds is pending.

MARKTEST may continue to use your personal data after a request for limitation:

  • Where you have given us your consent; or
  • for the purpose of declaring, exercising or defending a right in legal proceedings; or
  • To defend the rights of another natural or legal person.

PORTABILITY

You have the right to receive personal data concerning you that you have provided to us in a structured, commonly used and machine-readable format, and you have the right to transmit such data to another entity without hindrance from us, but only if:

  • The processing of personal data is based on your consent or the performance of a contract concluded with you; and
  • The processing is carried out by automated means.

OPPOSITION

You have the right to object at any time to any processing of your personal data that has the legitimate interest of MARKTEST as the legal basis for processing. If you object, MARKTEST will have the opportunity to demonstrate that it has an overriding legitimate interest that overrides your rights and freedoms.

Whenever you exercise your right to object to the processing of personal data for marketing purposes, MARKTEST will stop such processing immediately.

REVOCATION OF CONSENT

You have the right to withdraw your consent at any time, without, however, affecting the lawfulness of the processing carried out on the basis of the consent previously given.

MARKETING

You may at any time withdraw your consent or object to the receipt of direct marketing communications: (i) by using, if available, the link sent to you to "Unsubscribe" included in the communications sent to you or by sending a reply email with the subject "Remove", (ii) by sending an email to the Data Protection Officer at the address epd@marktest.pt or (iii) by postal letter to the Data Protection Officer, Marktest, Rua Padre Luís Aparício n.º 10, 1º 1150-248 Lisboa.

If the User refuses to give his consent or withdraws his consent, MARKTEST will be prevented from informing him of initiatives, offers, news or advantages that may interest him and/or from sending him other information of a commercial nature about MARKTEST services.

INTERNATIONAL TRANSFERS

If we make international transfers of data outside the European Economic Area, you have the right to obtain a copy or information about the safeguards under which your personal data is transferred.

MARKTEST may edit data transfer agreements or related documents (i.e. hide certain information contained in such documents) on the basis of its commercial sensitivity.

COMPLAINT TO THE SUPERVISORY AUTHORITY

If you have concerns about how we are processing your personal data, you have the right to lodge a complaint with the National Data Protection Commission ( www.cnpd.pt).

MARKTEST requests that you first try to resolve any problems directly with MARKTEST, although you have the right to contact the supervisory authority at any time.

You can exercise any of the above rights, as well as request any information about the processing of your personal data and this Privacy Policy, by contacting MARKTEST in writing. for the contacts referred to in Section 10 below.

MARKTEST takes the confidentiality of your personal data very seriously and reserves the right to request proof of your identity if you submit any request to exercise your data protection rights.

MARKTEST will not charge any fee for the exercise of your rights in relation to your personal data, unless your request for access to the information is unfounded or excessive, in which case you may be charged a reasonable fee, taking into account the administrative costs. The amount of any fee will be communicated to you before MARKTEST proceeds to the satisfaction of your request.

The legitimate requests of the Data Subjects will be fulfilled by MARKTEST within thirty days. This period may be extended by a further two months, if absolutely necessary, in the case of complex requests or several requests, and upon timely submission of prior justification. MARKTEST may request clarification on the exact type of information that the data subject wishes to receive or on which their concerns relate. This information will help MARKTEST to fulfill your request more quickly. Finally, please note that MARKTEST is not obliged to respond to requests that may adversely affect the rights and freedoms of other data subjects.

9. Links to third-party websites

The MARKTEST Site may contain hyperlinks (links) to other third-party websites.

This Privacy Policy does not apply to third party websites to which the MARKTEST Sites may be linked. We advise you to carefully read the privacy policies applicable to third-party websites.

10. Contacts

MARKTEST has appointed a Data Protection Officer who may be contacted to clarify doubts, provide information, resolve any question or satisfy any request for the exercise of rights or any other regarding the processing of personal data carried out by MARKTEST.

The Data Protection Officer may be contacted through the following contacts, which may also be used to clarify any doubts and questions regarding this Privacy Policy:

11. Changes to the Privacy Policy

MARKTEST reserves the right to change, at any time, its Privacy Policy. Any change to the Privacy Policy will be notified to the data subjects and published on the MARKTEST Websites. The version published on the MARKTEST Sites is the one currently in force. If you do not agree with this Privacy Policy, please do not provide your personal data.

Created: May 2018
Last updated: January 2024