Privacy policy

I - Who we are and our commitment

Fuchsiatraente Lda. is a company incorporated as a private limited company, hereinafter referred to as BLACK PEACH, engaged in the import and export as well as the sale of products and services through its own premises and through direct or distance selling, operating in the Matosinhos area.

BLACK PEACH operates the blackpeach.pt store and website, including all related information, content, features, tools, products and services, with the aim of providing customers with a personalised shopping experience. To this end, BLACK PEACH uses Shopify technology.

BLACK PEACH is deeply and genuinely committed to protecting its customers and regular or occasional collaborators, as well as users of its various physical and digital platforms, with regard to their privacy and the processing and circulation of their personal data. This Privacy Policy describes how we collect, use and disclose your personal information when you visit or use the Services, make a purchase, or otherwise communicate with us.

In the event of a conflict between our Terms of Service and this Privacy Policy, this Privacy Policy shall prevail with respect to the collection, processing and disclosure of your personal information.

Please read this Privacy Policy carefully. By using and accessing any of the Services, you confirm that you have read this Privacy Policy and understand the collection, use and disclosure of your information as described herein.

BLACK PEACH reserves the right to amend this Privacy Policy at any time, with any changes duly published through the same channels and the date in the header updated accordingly.

II - Our data collection devices and personal data storage systems

We maintain, edit and manage the following personal data storage systems:

A computer system comprising a set of software solutions supported by hardware devices and similar solutions, including email services, external digital repositories and communication solutions.

Paper files stored in restricted-access cabinets.

III - Scope of this Privacy Policy

This Privacy Policy is binding on the company solely with regard to the personal data it collects, processes and circulates.

An equivalent policy will also be assumed, by contractual means, by any entities processing personal data on behalf of BLACK PEACH.

The inclusion on https://www.facebook.com/BlackPeachpt/ and https://blackpeach.pt of links to third-party websites is made in good faith and in the interest of the user. BLACK PEACH cannot be held responsible for the collection, processing or use of data on those websites, nor for their reliability, accuracy, lawfulness or features. This Privacy Policy does not apply to those websites.

BLACK PEACH will assume, for all purposes, that the user has read the privacy policies of all websites they access.

IV - Concept of personal data

Personal data means any information or record, of any nature and regardless of its medium or format, relating to an identified or identifiable natural person, including by reference to their physical, physiological, psychological, economic, ethnic, cultural, geographical or social identity, or their location.

Information collected anonymously or that has been anonymised so that it cannot reasonably be associated with an individual does not constitute personal data for the purposes of this policy.

V - The entity responsible for processing personal data

The entity responsible for the collection and processing of personal data is Fuchsiatraente Lda., which, in the context of its relationships with data subjects, determines, always on a lawful and legitimate basis, which data is collected, the means of processing and the purposes of such collection and processing.

VI - Types of personal data collected and processed

In the course of its activities, BLACK PEACH may collect and process the following categories of personal data, depending on how you interact with the Services and to the extent permitted or required by applicable law:

1. Contact details, including name, address, billing address, shipping address, phone number and email address.

1. Financial information, including payment card details, transaction details, payment method and payment confirmation.

1. Account information, including username, password, security questions, preferences and settings.

1. Transaction information, including items you view, add to your cart or wishlist, purchase, return, exchange or cancel, and your previous transactions.

1. Communications with us, including information you include in communications sent to us, for example in the context of customer support requests.

1. Device information, including information about your device, browser or network connection, IP address and other unique identifiers.

1. Usage information, including information about your interaction with the Services, such as how and when you browse or interact with them.

1. Employee, supplier and service provider data, including name, tax identification number, identification document number, household composition, social security number, address, phone numbers, email address and health data, among other strictly necessary, proportionate and lawful data.

1. All data necessary to fulfil legal obligations and to exercise the rights of BLACK PEACH in the context of its relationships with customers, employees and suppliers.

VII - Sources of personal data

We may collect personal data from the following sources:

Directly from you, including when you create an account, visit or use the Services, communicate with us or otherwise provide us with personal data.

Automatically through the Services, including from your device when you use our products or services or visit our website, through the use of cookies and similar technologies.

Through our service providers, including when we engage them to provide certain technology and when they collect or process your personal data on our behalf.

Through our partners or third parties.

VIII - When and how personal data is collected

BLACK PEACH collects personal data in person, in writing, by telephone or through its website.

As a rule, personal data is collected when the relationship or collaboration, contractual or otherwise, necessary for the pursuit of BLACK PEACH's activities begins between the company and the data subject.

Some personal data is mandatory for the initiation and normal legal development of that relationship or collaboration. In the absence or insufficiency of such data, the relationship will not begin or continue, and BLACK PEACH will inform the data subject of that mandatory nature.

All other data will only be collected and processed if, and for the purposes that, the data subject has previously consented to, freely, in an informed, specific and unambiguous manner, by means of a written or oral declaration or by ticking an option, for example for the subscription of newsletters or marketing communications. The data subject may withdraw their consent at any time.

Collected data will be stored in paper files and/or restricted-access databases, accessible only to BLACK PEACH employees who necessarily need to process them in the course of the company's activities. Under no circumstances will collected data be used for any purpose other than that for which consent was given, or the lawful and legitimate purpose that underpinned the collection.

IX - Purposes of personal data collection and processing

Depending on how you interact with the Services, we may use your personal data for the following purposes:

Providing, personalising and improving the Services, including processing payments and orders, account management, organising shipping, facilitating returns and exchanges, and creating a personalised shopping experience.

Marketing and advertising, including sending marketing communications by email, text message or post, and displaying online advertisements based on your activity on the Services.

Security and fraud prevention, including account authentication, detection of fraudulent or malicious activity and protection of the Services.

Communications and customer support, including responding to your communications and maintaining an effective business relationship.

Accounting, tax and administrative management, dispute management, judicial evidence, fraud detection, revenue protection and auditing, network and systems management, and information security and premises security control.

Compliance with legal obligations and response to valid legal processes, including requests from law enforcement or government agencies.

When your data is collected, or upon request, you will be provided with more detailed information about how we process your data.

X - Personal data retention periods

BLACK PEACH will retain your personal data for the minimum period strictly necessary for the purpose for which it was collected and processed, after which it will be deleted. Where a specific legal requirement obliges retention for a minimum period, that period will be observed.

The retention period also depends on factors such as the need to maintain an active account, provide Services, comply with legal obligations, resolve disputes or enforce applicable contracts and policies.

XI - Rights of the data subject

BLACK PEACH guarantees data subjects the exercise of the following rights, to the extent permitted by applicable law and depending on their place of residence:

Right of access: you may request access to your personal data held by us.

Right of rectification: you may request the correction of inaccurate or incomplete personal data.

Right of erasure: you may request the deletion of your personal data.

Right of restriction: you may request the restriction of the processing of your personal data in certain circumstances.

Right of portability: you may receive a copy of your personal data and request its transfer to third parties, in certain circumstances.

Right of objection: you may object to the processing of your personal data for certain purposes, including for direct marketing.

Managing communication preferences: you may unsubscribe from promotional emails at any time using the unsubscribe option available in the emails we send you. We may still send you non-promotional emails related to your account or orders.

If you reside in the European Economic Area or the United Kingdom, you may also exercise the right to object to and restrict processing, as well as the right to withdraw consent, without prejudice to the lawfulness of processing carried out on the basis of consent previously given.

These rights are not absolute and may be subject to exceptions and limitations under applicable law. We may need to verify your identity before processing your requests. We do not discriminate based on the exercise of these rights.

These rights may be exercised by calling 915298571, by written communication sent to BLACK PEACH, Rua Óscar da Silva 1163, 4450-759 Matosinhos, or by email to geral@blackpeach.pt.

XII - Personal data security measures

BLACK PEACH adopts technical and organisational measures appropriate to the risk in the area of personal data security and protection, having approved and implemented a compliance plan capable of protecting data against disclosure, loss, misuse, alteration, unauthorised processing or access, as well as against any other form of unlawful processing.

Please note that no security measure is perfect or impenetrable, and we cannot guarantee absolute security. We recommend that you do not use insecure channels to communicate confidential or sensitive information to us. If you create an account, you are responsible for keeping your credentials secure and it is not recommended to share them with third parties.

We also advise all internet users to adopt additional security measures, namely to use an updated computer and browser with an active firewall, antivirus and anti-spyware, and to verify the authenticity of the websites they visit.

Data collection forms, digital or paper-based, are stored securely in the company's physical repositories and digital systems. All personal data is held in a datacenter belonging to BLACK PEACH or a subcontractor, protected by advanced physical and logical security measures.

The compliance and security plan includes a designated Data Protection Officer, responsible for reviewing this Privacy Policy, maintaining clear rules for personal data processing and communicating with supervisory authorities.

XIII - The designated Data Protection Officer

BLACK PEACH has designated a Data Protection Officer who may be contacted directly by letter sent to BLACK PEACH, Rua Óscar da Silva 1163, 4450-759 Matosinhos, or by email to geral@blackpeach.pt.

XIV - Disclosure of data to other entities, subcontractors or third parties

BLACK PEACH may engage subcontractors for the purpose of collecting and processing data, obtaining from those entities, by contractual means, guarantees of reputation and an obligation to develop technical and organisational measures appropriate to the protection of data and to ensure the defence of data subjects' rights.

In certain circumstances determined by law, certain personal data may need to be disclosed to public authorities, such as the tax authority, courts and law enforcement agencies.

We may also disclose personal data in connection with a commercial transaction, such as a merger or insolvency, to comply with applicable legal obligations, enforce applicable terms of service or policies, or to protect the rights of our users or third parties.

Any subcontracted entity will process the personal data of our customers on behalf of and for BLACK PEACH, under an obligation to adopt technical and organisational measures appropriate to the risk, so as to protect data against accidental or unlawful destruction, accidental loss, alteration, unauthorised disclosure or access and against any other form of unlawful processing.

Shopify

The Services are hosted by Shopify, which collects and processes personal data related to access and use of the Services in order to provide and optimise them. Information submitted to the Services will be transmitted to and shared with Shopify, as well as with third parties who may be located in countries different from your place of residence. To provide certain enhanced features, Shopify may use personal data collected about your interactions with our store as well as with other merchants and with Shopify itself. In these circumstances, Shopify is responsible for the processing of that personal information. To learn more about how Shopify uses your data and the rights available to you, visit Shopify's Consumer Privacy Policy at https://privacy.shopify.com/en.

Klarna

In order to offer the Klarna payment method, at the time of checkout we may transmit to Klarna personal data included in the contact form and order details, so that Klarna can assess whether you meet the requirements to access this payment method and tailor its conditions to your profile. Your personal data is processed in accordance with Klarna's privacy policy, available at https://www.klarna.com/pt/privacidade/

Scalapay

In order to offer the Scalapay payment method, at the time of checkout we may transmit to Scalapay personal data included in the contact form and order details, so that Scalapay can assess whether you meet the requirements to access this payment method and process the transaction accordingly. Your personal data is processed in accordance with Scalapay's privacy policy, available at https://www.scalapay.com/pt/legal/privacy-policy

Google

As part of its digital activities, BLACK PEACH uses services provided by Google LLC, namely for traffic analysis, advertising and performance measurement purposes. These services may involve the collection and processing of users' personal data by Google, in accordance with its own data responsibility policies and practices. For more information on how Google uses personal data collected in connection with these services, please visit https://business.safety.google/privacy/

Meta

As part of its digital activities, BLACK PEACH uses services provided by Meta Platforms Ireland Limited, namely for advertising, performance measurement and audience analysis through the Meta Pixel and similar technologies. These services may involve the collection and processing of users' personal data by Meta, including through cookies and device identifiers, for personalised and non-personalised advertising purposes. For more information on how Meta uses personal data collected in connection with these services, please visit https://www.facebook.com/privacy/policy/

Commercial and marketing partners

We may share personal data with commercial and marketing partners to provide you with personalised marketing and advertising services, including based on your online activity across different merchants and websites. Our partners will use your information in accordance with their own privacy notices. Depending on your place of residence, you may have the right to object to this sharing for targeted advertising purposes.

XV - International transfers of personal data

The pursuit of BLACK PEACH's activities may involve the transfer of your data outside Portugal or the European Economic Area.

In such circumstances, BLACK PEACH will strictly comply with applicable legal provisions. Transfers outside the European Economic Area or the United Kingdom will be carried out using recognised transfer mechanisms, such as the European Commission's Standard Contractual Clauses or equivalent contracts issued by the relevant competent authority in the United Kingdom, unless the transfer takes place to a country that has been determined as providing an adequate level of protection.

XVI - Cookies

Cookies are small software tags stored on your computer through your browser, which retain information related to your preferences and do not, as a rule, include your personal data. Where this is not the case, your consent will always be requested in accordance with legal requirements.

Cookies are used to improve our service. Some are essential to ensure the features available, while others are designed to improve performance and the user experience. This information is also used to determine the appropriate time to send cart reminder messages via SMS.

Essential cookies are used to remember what you have added to your cart and your progress through the checkout.

Functional cookies are used to remember your account details, ensure your connection is secure, ensure the website is displayed consistently and provide chat support.

Performance cookies are used to improve website performance and the user experience by reducing the number of page loads.

Targeting cookies are used to enable sharing and interaction on social networks and to send information to other websites to personalise the advertising displayed to you.

If you do not allow the website to use cookies, some pages and features will not work as expected. To delete cookies already stored on your computer, consult the Help section of your browser. You can find more information about cookies at http://www.aboutcookies.org.

Regarding the Global Privacy Control, if you visit our website with that preference signal enabled, depending on your place of residence, we will automatically treat this as a request to opt out of the processing of your data for targeted advertising purposes. To learn more, visit https://globalprivacycontrol.org/

XVII - SMS data sharing

We will not share your enrolment in an SMS campaign with third parties for purposes unrelated to the provision of that campaign's services.

We may share your personal data, including your enrolment or SMS consent status, with third parties that assist us in providing our messaging services, including platform providers, telecommunications carriers and other vendors that assist in the delivery of text messages.

XVIII - Children's data

The Services are not intended for use by minors. We do not intentionally collect personal data from children. If you are a parent or guardian of a child who has provided us with personal data, you may contact us using the details below to request its deletion.

XIX - Complaints

If you wish to complain about how we handle your personal data, you may contact us using the details below. Depending on your place of residence, you may also have the right to lodge a complaint with your local data protection authority. In Portugal, the competent authority is the Comissão Nacional de Proteção de Dados (CNPD), available at https://www.cnpd.pt. For the EEA, a list of supervisory authorities can be found at https://edpb.europa.eu/about-edpb/about-edpb/members_pt

XX - Contact

For any questions about our privacy practices or this Privacy Policy, or to exercise any of the rights available to you, please contact us through the following channels:

Phone: 915298571

Email: geral@blackpeach.pt

Postal address: BLACK PEACH, Rua Óscar da Silva 1163, 4450-759 Matosinhos

Fuchsiatraente Lda. is the data controller of your personal data for the purposes of applicable data protection laws.