Lumicroma is the trade name adopted by the Portuguese private law corporation Sandra Maria Teixeira, Unipessoal Lda (hereinafter Lumicroma), and is also a European trademark registered with the EUIPO - European Union Intellectual Property Office, held exclusively by the same corporation, which, in fulfilling and developing its social scope, needs to process citizens' personal data.
Lumicroma is committed to the six principles underlying the General Data Protection Regulation (RGPD), the Portuguese Data Protection Law and other relevant regulations, related to the protection of the rights and freedoms of individuals:
I. The data is processed lawfully, fairly and transparently ("lawfulness, fairness and transparency");
II. The data is collected for specified, explicit and legitimate purposes and will not be further processed in a way incompatible with those purposes. Further processing for archiving purposes in the public interest, scientific or historical research, or statistical purposes is permissible ("purpose limitation and conservation");
III. The data are adequate, relevant and limited to what is necessary in relation to the purpose for which they are processed ("data minimization");
IV. Data are accurate and, where necessary, kept up to date ("accuracy");
V. The data will not be kept longer than necessary for that purpose ("storage limitation");
VI. Os dados são tratados de uma maneira que garanta a segurança apropriada, incluindo proteçção contra processamento não autorizado ou ilegal e contra perda, destruição ou dano acidental, usando medidas técnicas ou organizacionais apropriadas (“integridade e confidencialidade”).
VI. The data is handled in a manner that ensures appropriate security, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures ("integrity and confidentiality").
Lumicroma treats personal data for management purposes, administration, research, always related to its social scope, including for customer management, promotion and representation of artists, processing and shipping orders, as well as in compliance with legal obligations arising from its activity.
The treatment of personal data performed by Lumicroma is in accordance with this Policy, with the guidelines of the national supervisory authority - the National Commission for Data Protection (CNPD), the General Data Protection Regulation (RGPD), as well as the recommendations and guidelines of the legal department with specific training in Data Protection.
In accordance with Article 15 of the RGPD, Lumicroma fully recognizes to data subjects, the "right of access" to any personal data and does not restrict such access, except as provided by law.
Lumicroma also recognizes all other rights granted to individuals under the personal data protection legislation and is committed to meeting the requests of those wishing to exercise these rights.
i. Protect the security and privacy of personal data;
ii. To communicate transparently about what personal data we process and under what conditions;
iii. To make available appropriate mechanisms for the exercise of the rights of personal data subjects;
iv. Comply with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 - RGPD - and other applicable legislation, including national legislation complementing the RGPD.
All contents of this website, unless otherwise indicated, are property of Lumicroma and may not be reproduced or modified without the prior written permission of Lumicroma, except in cases of free use, including for teaching or research purposes or for personal use and, in these cases, should be indicated the ownership of them.
The guidelines, recommendations and information on our website aim only at a better understanding of data protection rules and can therefore in no way be used to create legal rights or expectations. As these guidelines reflect the state of the art at the time they were drawn up, they must be considered as an "evolving tool", open to improvement, and their content may be updated.
Access to the Lumicroma website implies full acceptance of the various notices contained therein and the user undertakes to use the Lumicroma website lawfully and in such a way as not to cause any damage to the rights or interests of Lumicroma or third parties.
Right of reserve
Responsible for processing personal data
For the purposes of the provisions of Articles 4 and 24 of the RGPD, the data controller is Lumicroma, based in Rua do Freixo, 1071, Sala 6 - 4300-218 Porto, Portugal, since it is the entity that decides which data is collected, the material and human means used in the treatment, the period of conservation and its purpose.
Collection of personal data (object)
The data may be provided directly by the holder, may be collected within the framework of the relationship established with the holder of such data and may also be requested and processed with the consent of the holder. Lumicroma collects personal data in person, by telephone, in writing or through computer systems, including, in particular, when Users visit our website, subscribe to newsletters, respond to surveys, fill out forms or other features or resources available on the website. All data collected through forms contain the respective safeguard clauses, which meet the provisions of data protection regulations and, in all cases, Lumicroma only processes personal data deemed appropriate, relevant and not excessive, in order to meet the specific, explicit and legitimate purposes for which they are intended.
Collection of personal data (types)
Lumicroma, within the scope of its activities, collects and processes personal data, necessary for the pursuit and promotion of its commercial activity.
Therefore, the collection and processing of personal data will be determined by the purposes underlying each of Lumicroma's areas of activity, whereby the following categories of personal data, among others, will be collected and processed:
- Identification data, namely those necessary for the correct identification of customers and suppliers, those legally required for processing and invoicing purchases;
- Professional data, namely the professional background of all suppliers, including the awarding of prizes, nominations or distinctions in order to promote the products supplied by them.
The processing of special category data will not be carried out, except in limited circumstances, always in legal compliance and with the prior and explicit consent of the data subjects. Such data may be:
- Racial or ethnic origin;
- Political opinions or trade union membership;
- Religious or philosophical convictions;
- Sexual life or sexual orientation;
- Health, genetic or biometric data with the purpose of identifying the person.
In respect for the principle of minimization, the personal data requested are those strictly necessary for the development of its activity and compliance with the legal provisions to which Lumicroma is bound.
Processing of personal data (object)
The processing of personal data includes, inter alia, the collection, recording, consultation, use, adaptation, alteration, storage and destruction of data.
Data processing (information to be given to the data subject)
Information on the processing of personal data shall be provided to the data subject at the time of collection or, where the personal data has been obtained from another source, within a reasonable time, depending on the circumstances.
In view of the diversity of situations which involve the collection and processing of personal data, Lumicroma provides the holder of the personal data with detailed information on how the information will be used:
I. Unambiguous identification of the controller and subcontractor, if applicable;
II. A specific Lumicroma email contact so that the data subject may exercise their rights, namely the right to rectification, updating, opposition to treatment, forgetfulness, among others;
III. The purposes for which the personal data are intended, as well as the legal basis for their processing;
IV. The recipient(s) or categories of recipients of the personal data (if applicable);
V. Identification of the rights of the data subject;
VI. The retention period of the data or the criteria used to define that period.
Processing of personal data (lawfulness)
The legal basis for the processing of personal data is based on the execution of a contract to which the data subject is a party (with Lumicroma) or a pre-contractual diligence at the request of the data subject, as applicable. In this way and in compliance with the RGPD, the processing of personal data depends on the verification of conditions of legitimacy and verification of lawfulness, loyalty and transparency in relation to the data subject.
Processing is lawful if at least one of the following situations occurs (Art. 6(1) of the RGPD):
I. It is preceded by consent - in certain cases, Lumicroma will only process data if the data subject consents, for example, to the processing of "special categories" of data or personal data of minors (point (a));
II. It is necessary for the performance of a contract - Lumicroma will process the data in order to comply with its requirements of the contract to which the data subject is a party ( point (b));
III.Is necessary to comply with a legal obligation - in cases where Lumicroma has a legal obligation to process or provide personal data to other entities, for example, the Tax and Customs Authority or Ministry of Culture, (point (c));
IV. It is necessary to protect the vital interests of the holder or another - in extreme circumstances Lumicroma may have to cede information to protect the interests of the holder or the interests of third parties, for example, in a situation of lost orders, theft (point (d));
V. It is necessary for the purposes of legitimate interests - which is generally an interest of Lumicroma (or third parties) to provide details of purchasers to the authors of the work or product being purchased so that they can exercise the necessary protection of the work under copyright.
Processing of personal data (purposes)
The use of the collected data and respective processing has as purposes:
- The promotion of photographers/artists and their work represented on the website, on display and for marketing purposes;
- The preparation of commercial or other contracts with photographers/artists represented, partially or wholly, by Lumicroma;
- The identification of a photographic work, namely, to safeguard the respective Copyright;
- The creation of user registration on this website;
- The issuing of billing data (sale of photographic work);
- Sending the work sold to the customer/buyer;
- The communication of initiatives of Lumicroma.
It is also intended, with the prior consent of the data subject, to provide information on products, services, marketing activities, campaigns, statistics and personalised content. The data processing is intended, in particular, to
- Creation of the Artist's Page;
- Identifying the authorship and nature of the Artist's photographic work;
- Issuing purchase and sale invoices;
- Logistic operations, insurance and other requirements associated to the sale and transport of a photographic work;
- Preparation of campaigns and communication strategies;
- Drawing up commercial and service provision contracts.
While responsible for the activities of processing of personal data and information, Lumicroma ensures that it executes and promotes technical and organisational measures appropriate and effective to compliance with the principles of data protection, with the aim of ensuring the confidentiality, integrity, availability and permanent resilience of its systems and treatment services.
The generalised use of computer systems for the processing of data does not exclude the possibility that, under certain circumstances, Lumicroma may use other media for the collection and processing of data. In any case Lumicroma ensures administrative, technical and organisational measures against possible misuse or unauthorised access.
It is, however, the responsibility of the users/users to guarantee and ensure that their computers are adequately protected against harmful software, computer viruses and "worms" (self-replicating programmes aimed mainly at installing loopholes - backdoors - in computers). Additionally, they should also adopt other security measures such as the safe configuration of the browser or the use of software to create a security barrier.
Limitation of Liability
Lumicroma reserves the right to readjust the conditions of use of its website at any time and is not responsible for any damage resulting from access to that page, even if it results from the consultation of outdated content or contact with viruses in accessing the different networks.
Cookies are small files with alphanumeric information that identify the computers (not the users) on our servers, so no personal information of our users is recorded, nor any type of information that allows their identification. To find out more information about cookies, we recommend that Users consult our cookies policy.
Term of conservation of personal data
The period for which personal data are stored shall be the period established by law or regulation or, failing this, the period necessary for the purpose for which they were collected and processed, after which time the personal data shall be deleted.
It is further stated that Lumicroma will maintain each customer's file for a period of two years from the last order, in order to facilitate the maintenance of the record of the same for new acquisitions, being certain that the same may at any time exercise their rights as a holder of data, including requesting the update, rectification or deletion of the same under the law.
However, when processing for archiving purposes in the public interest, for scientific or historical research purposes, or for statistical purposes, Lumicroma may retain some of the data for longer periods, without prejudice to applying appropriate guarantees for the rights and freedoms of the data subject, in accordance with the legislation in force.
These guarantees involve the adoption of technical and organisational measures aimed at ensuring, in particular, respect for the principle of data minimisation and the pseudominimisation of data.
Rights of access, amendment and oblivion of data subjects
Upon verification of the legal conditions, Lumicroma guarantees the data subjects the right to access, update, correct, delete, limit or oppose the processing of personal data concerning them.
The right of access can be exercised through the contact indicated when collecting the data or via email email@example.com.
Subcontractors and transfer of data to third parties
Lumicroma, within the scope of its competences, may use subcontractors to provide services. When data processing is carried out by a subcontractor or third party to whom data are transmitted, Lumicroma shall verify that the latter provides guarantees on appropriate technical and organisational measures, so that the processing complies with the requirements of the RGPD and safeguards the rights of the data subject.
In such cases, the processing is regulated by contract or other normative instrument, which binds the subcontractor and the third party to the guidelines of Lumicroma (data controller), as the entity responsible for the processing of the data. The contract with the subcontractor states:
- The location of the data;
- the nature and purpose of the processing;
- The definition of the object and the duration of the processing;
- The obligations and rights of each of the parties;
- The identification of the DPO of the processor, when applicable;
- The type of personal data and the categories of data subjects;
- The security and privacy measures, standards and European standards applicable;
- The conditions of sub-contracting and the confidentiality policy of the sub-contractor;
- Densification of the obligations of the processor in respect of the notification of personal data breaches;
- The provisions regarding the non-transfer of data to countries outside the EU or, if a transfer is necessary, a list of adequacy decisions under the terms of Articles 44 to 50 and recitals 101 to 116 of the GDPR.
Data Protection Officer (DPO)
In accordance with Article 37 of the RGPD, Lumicroma has no obligation and therefore has not appointed a DPO.
However, it integrates in its staff with the legal and technical knowledge that will perform the following functions:
i. Monitor compliance of data processing with applicable standards;
ii. Serve as a contact point for the clarification of questions regarding data processing;
iii. To cooperate with the CNPD, in its capacity as supervisory authority;
iv. Provide information and advice to Lumicroma, or subcontracted entities, on their obligations under the privacy and data protection framework.
The same may be contacted at the following email address: firstname.lastname@example.org
The supervisory authority is the Comissão Nacional de Protecção de Dados, with its headquarters at Rua de São Bento n.º 148-3, 1200-821 Lisbon.