PRIVACY POLICY

LAST UPDATED: 30/09/2024

FRESH OBSERVATION UNIPESSOAL LDA with its registered office at Rua do Hospital 8 - 3250-126 Alvaiázere and NIPC 517397471, hereinafter referred to as YOMASHI, is a commercial company whose object is the development and management of the mobile application "Yomashi - Power App".

Within the scope of its activity, YOMASHI remotely collects personal data from its owners, ensuring that the respective processing is carried out in accordance with the privacy protection rules emerging from Regulation (EU) 2016/679 ("GDPR") and other applicable national legislation, as well as in accordance with the confidentiality duties to which YOMASHI is subject.

The data collected corresponds to data provided by the owners themselves by filling in forms, by email, or by telephone, and also personal data resulting from these same relationships with the owners, including the use of YOMASHI's digital channels accessed by the owner.

What is personal data? Personal data means any information of any nature, and regardless of its medium, relating to an identified or identifiable natural person. An identifiable person is one who can be identified directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his or her physical, physiological, mental, economic, cultural, or social identity.

Who are the holders of personal data? The holders of personal data are Customers, Partners, Employees, as well as other natural persons to whom the data relates and who use YOMASHI's services through its direct customers, the PET SITTERS, or their customers, the TUTORS.

What is personal data?They correspond to all the data necessary for the commercial relationship and other related relationships that are provided by the data subjects themselves or by their legal representatives or the personal data that result from these same relationships, namely: name, tax address, telephone number, e-mail address, tax identification number.

The personal data collected by YOMASHI is processed in particular for the following purposes:

• Registration management for TUTORS and their pets;

• Appointment management;

• Payment management;

• Billing management;

• Administrative communication;

• Compliance with legal obligations;

• Communicate application updates;

• Communicate with the user regarding services or promotional content (only with the user's consent);

• Provide, operate, and improve the app's features and functionalities;

• Improve application security and protect against unauthorized access.

It should be noted that the purposes listed here will not be the only ones, and others may derive from them as far as possible. If there is a new purpose independent of the previous ones, YOMASHI will inform the data subject on a case-by-case basis at the time the personal data is collected.

YOMASHI will only process personal data to the extent that the processing is lawful and necessary. The processing of personal data is only lawful if and to the extent that at least one of the following situations applies:

• Consent:

  When the data subject has given his/her prior express consent in writing, orally (after ratification where necessary), or by validating an option if such consent is free, informed, specific, and unambiguous for the processing of his/her personal data for one or more of the specific purposes referred to above.

  In the case of information relating to TUTOR(S), PET SITTER is obliged to ensure the appropriate consent of its customers before recording their personal information, and is also responsible for maintaining the privacy and security of this data.

• Compliance with contractual obligations and pre-contractual due diligence:

  When the processing of personal data is necessary for the fulfillment of contractual obligations to which the data subject is a party or for pre-contractual steps at the request of the data subject, such as for the execution of the "advisory contract" or the preparation of a service proposal.

• Fulfillment of legal obligations:

  When the processing of personal data is necessary to comply with a legal obligation to which YOMASHI is subject, such as the communication of identification data to police, judicial, tax, or regulatory entities.

• Legitimate interest:

  When the processing of personal data corresponds to a legitimate interest of YOMASHI or a third party (such as the processing of data to improve the quality of service). and when YOMASHI's reasons for using it must prevail over data protection rights.

• Defense of the vital interests of the data subject or another natural person:

  The processing of personal data should also be considered lawful when it is necessary for the protection of an interest essential to the life of the data subject or any other natural person. In principle, the processing of personal data based on the vital interest of another natural person can only take place when the processing cannot manifestly be based on another legal ground. Some types of processing may serve both important public interests and the vital interests of the data subject, for example if the processing is necessary for humanitarian purposes.

• Performing duties in the public interest:

  When 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.

YOMASHI does not sell, trade or rent PET SITTER or TUTOR personal information to third parties, nor does it use customer data for any purpose other than that necessary to provide the services offered through the application.

It will not transmit personal data to third parties, unless:

• third-party service providers help us operate the application or perform business-related functions (e.g. cloud storage, sending written communications, payments, invoicing, etc).

• express consent has been obtained from the owner

• the communication is necessary for the performance of a contract to which the holder is a party

• the transmission is made in compliance with a legal obligation or to comply with a court order

• the communication is carried out for any legitimate purpose provided for by law.

YOMASHI is obliged by law to communicate the personal data of its customers and employees to the regulatory bodies that oversee its activity, and to other public authorities/official entities.

Finally, YOMASHI may use service providers in the course of its business who may have access to personal data. Said service providers/subcontractors will process the personal data provided exclusively for the purposes established by YOMASHI and in compliance with the instructions given by the latter.

YOMASHI ensures that, in these circumstances, it adopts all the technical and organizational measures deemed appropriate, in order to ensure that the subcontracting entities are reputable and offer the highest guarantees of information security. These entities also guarantee compliance with the applicable legislation on confidentiality, privacy and protection of data subjects' data, including the exercise of data subjects' rights.

The processing of data by YOMASHI will continue for as long as the data is necessary for the relationship established with its owners. Once the relationship has ended, YOMASHI will keep the personal data only for the period of time necessary to fulfill the defined purpose and/or for the mandatory legal periods or until the rights and duties arising from that relationship lapse under the terms of the law.

When the information is no longer needed, it will be securely deleted or anonymized.

Under the terms of the applicable law, Data Subjects have the following rights:

• Right to Information, which is the right of data subjects to be informed by YOMASHI of all aspects relating to the collection and processing of their personal data, in particular: (i) the purposes for which their data is processed, (ii) to whom it may be communicated, (iii) what rights they have and (iv) under what conditions they may exercise them, as well as (v) what data they are obliged to provide as part of the relationship established with YOMASHI, in a clear, concise and transparent manner

• Right of Access, which consists of the right of Data Subjects to access the personal data that has been provided, without restriction, delay or excessive cost, as well as to know any available information about the origin of that data

• Right of rectification, which is the right of data subjects to demand that their data is accurate and up-to-date, and they may request its rectification from YOMASHI

• Right to erasure (or to be "forgotten"), which consists of the right of data subjects to demand the erasure of their personal data from YOMASHI's records when it is no longer used for the purposes for which it was collected, without prejudice, however, to the retention periods that apply by law and legitimize the respective processing

• Right of Opposition, which consists of the right of Data Subjects to object, at their request and free of charge, namely to the processing of their personal data for direct marketing purposes

• Right to Portability, which consists of the right of Data Subjects to receive their personal data provided to YOMASHI in a structured, commonly used and machine-readable format, and to transmit such data to another controller, whenever technically possible

• Right to Restriction of Processing, which is the right of data subjects to request YOMASHI to restrict the processing of their data in certain circumstances, namely: (i) when they contest the accuracy of their personal data, for a period that allows YOMASHI to verify its accuracy; (ii) if the processing is unlawful and the Holder opposes the erasure of the data, requesting instead the limitation of its use; or (iii) when YOMASHI no longer needs the Holder's personal data for processing purposes, but such data is required by the Holder for the purposes of declaring, exercising or defending a right in legal proceedings

• Right to lodge a complaint with the CNPD, which consists of the right to lodge, without prejudice to any other administrative or judicial remedy, a complaint with a supervisory authority, in particular in the Member State of the data subject's habitual residence, place of work or place where the infringement is alleged to have taken place, if the data subject considers that the processing of personal data concerning him or her violates the GDPR and other applicable national legislation. In Portugal, the supervisory authority is the Comissão Nacional de Proteção de Dados (CNPD).

If the processing of data is based on consent, the data subject has the right to withdraw consent at any time, without compromising the lawfulness of the processing carried out on the basis of the consent previously given.

The exercise of any of their rights is guaranteed to the Holder by means of a written request addressed to YOMASHI, sent by registered mail to:

FRESH OBSERVATION - Rua do Hospital, 8 - 3250-126 Alvaiázere

or via the following email address: dpo@yomashi.pt

The provision of incorrect or inaccurate data is the sole responsibility of the data subject.

By collecting customer data through the application, PET SITTER accepts that its customers - TUTORS - may also have rights under applicable privacy laws, and PET SITTER is responsible for honoring those rights.

The Data Protection Officer (DPO) ensures, among other things, that data is processed in accordance with the legislation in force and checks compliance with this Privacy Policy. The DPO also cooperates with the supervisory authority and provides information and advice to the data controller on their obligations in the field of privacy and data protection.

To obtain any clarification regarding this Privacy Policy, the Data Subject may contact YOMASHI's Data Protection Officer at the following e-mail address: dpo[at]yomashi[dot]pt, or by registered mail sent to the attention of "DPO - YOMASHI" to the following address: Rua do Hospital, 8 - 3250-126 Alvaiázere

YOMASHI guarantees the security of the personal data provided by adopting various technical and organizational security measures to protect personal data against unauthorized disclosure, loss, misuse, alteration, processing or access, as well as against any other form of unlawful processing.

PET SITTER is responsible for safeguarding the information you store in the application, including the security of your mobile device and access credentials.