Welcome to
Miami Mami

1. OBJECT

When using or visiting the web page hosted at www.wasabipapi.com (“Site”), the “mobile” application (“Application”) or any of the information, resources and content services, including newsletter, download areas, blogs and forums made available through it (together, the “Services”), you are, as a user or visitor thereof (“User”), agreeing to and accepting: - these terms and conditions of use (“Terms of Use”) , which govern the use of the Website/Application and Services by the User and - the privacy and personal data protection policy available in Privacy Policy (“Privacy Policy”), which defines the terms under which the collection and processing of the User's personal data is processed . The Site/Application and the Services are owned by Verão Flourescente lda., a limited company registered with the CRC of Lisbon under the unique registration and legal person number 517042304 (“Miami Mami”). Any communication or request for information regarding the Site, the Application, the Services or the Terms of Use must be sent to Miami Mami using the contact area on the Site. Through the Website/Application, Miami Mami gives the User access to the Services. The Services, including updates, developments, new tools and/or new web properties, are subject to these Terms of Use. The Website/Application also offers the User the possibility of reserving a table operated by Miami Mami, by filling out the respective reservation form and accepting the general reservation conditions. Additionally, the Site/Application may provide for the possibility of sending, by the User, for consequent publication and display, subject to approval by Miami Mami, information, data files, written text, graphics, links, audio files or others sounds, photographs, videos or other images (together, the “Contents”). In this regard, the User acknowledges that under no circumstances is he/she entitled to receive any compensation from Miami Mami for the provision of Content, through the Website/Application or any other means identified in these Terms of Use.
Miami Mami reserves the right to change these Terms of Use at any time, limiting itself to posting the changes online on the Website/Application, with the User being solely responsible for checking and complying with them upon each use. . The use of the Site/ Application after the publication of changes constitutes acceptance of the updated wording of the Terms of Use. If you do not agree with the changes made or, in general, with the Terms of Use, you must leave, immediately, to use the Website/Application and the Services. In return for granting the right to enjoy and use the Services under the terms of these Terms of Use, the User accepts that Miami Mami places advertising – advertisements and promotions – on the Services. These advertisements and promotions may be associated with content and information stored on the Services, surveys conducted through the Services or other information.

2. GENERAL OBLIGATIONS AND RESPONSIBILITIES OF THE USER

When accessing, using or downloading materials from the Site/Application, the User agrees, on their behalf and/or on behalf of the entity on whose behalf they are acting, to promptly comply with the provisions of these Terms of Use, ensuring that they have powers to act on behalf of the third party it represents, if this is the case. Access to the Services by any means other than through the interface provided by Miami Mami is expressly prohibited, as well as access (or attempted access) to the Website/Application and/or the Services through automated means (including use of scripts or web crawlers).
The use of the Site/Application for purposes other than those for which the Site/Application is intended is expressly prohibited, including illegal purposes or any other that may be considered harmful to Miami Mami's image in the market. Usurpation, counterfeiting, taking advantage of usurped or counterfeit content, illegitimate identification and unfair competition are criminally punishable. The User is also prohibited from creating or introducing into this Site/Application any types of viruses or programs that damage or contaminate it or advise third parties to do so. User Registration In order to access certain Services and restricted areas of the Website/Application, you may be asked to provide certain personal data (such as identification and contact details) as part of the registration process. to create a User account on the Website/Application (“User Account”). You must indicate a valid email address that you have the right to legitimately access, as well as any other information necessary to complete the registration process. The information provided must be up to date, complete and accurate.
The User is responsible for maintaining the confidentiality of their password. If you detect any illicit use of your User Account, you must immediately notify Miami Mami using the email indicated in the contact area of the Website. However, you may be held liable by Miami Mami or a third party for the illicit use of your User Account or password.
The User account must only be used by a third party with the consent of the respective holder. The User is exclusively responsible for any consequential damages or loss of profits caused by their unlawful conduct when using the Website/Application and the Services and for the Content they make available on the Website/Application. When submitting, publishing or displaying Content through the Services you must: - act, at all times, in accordance with the highest applicable standards of diligence; - refrain from providing information and recommendations that could create confusion or deceive Users of the Website/ Application; - only provide Content, information and recommendations within the scope of your professional and academic skills, professional experience and know-how; - comply with applicable legislation; - refrain from providing Content for purposes other than those for which the Site/Application is intended; - refrain from providing Content whose content is illicit, offensive, threatening, defamatory, pornographic, obscene or objectionable. Without prejudice to the provisions of these Terms of Use, the following facts, due to their severity, may lead to the immediate cancellation of your User Account: - Serious or repeated violation of the Terms of Use; - Use of offensive or threatening written, verbal or body language, directed at any User of the Site/Application or at any worker, collaborator or manager of the Miami Mami;
- Use of insulting language or obscenities; - Provision of illegal, offensive, threatening, defamatory, pornographic, obscene or objectionable Content or that violates the intellectual property rights of third parties.
If Miami Mami deactivates or otherwise removes access to your User Account, you understand and accept that you may be prevented from accessing certain restricted areas of the Site/Application, your User Account details or any content therein.

3. RIGHTS AND OBLIGATIONS OF MIAMI MAMI

Miami Mami reserves the right to: - modify, add or remove parts of the Terms of Use at any time; - modify or terminate the Services for any reason and without prior notice at any time; - remove User Accounts whose content is unlawful, offensive, threatening, defamatory, pornographic, obscene or objectionable or which violates third party intellectual property rights or the Terms of Use; - modify, replace, refuse access to the Website/Application and the Services, suspend or discontinue them, partially or totally. These changes will take effect as soon as they are posted on the Website/Application or the date of sending any communications. Miami Mami undertakes to provide technical support to the User with a User Account related to the use and functionalities of the Website/Application, which is only available via email.

4. INTELLECTUAL PROPERTY AND PERSONALITY RIGHTS

Ownership
All information contained in the Site/Application and in the Services and all data and information compiled by Miami Mami associated with it (such as data files, written text, Software, music, audio file or other sounds, photographs, videos or other images) to which you have access as part of the Services or through their use are considered Miami Mami content (or third party content, when duly identified, that holds the respective intellectual property and personality rights). The User is not permitted to modify, rent, lend, lend, sell, distribute or create a derivative work based on the aforementioned contents (partially or completely), unless expressly authorized in writing for this purpose by Miami Mami or a third party that holds the respective intellectual property and personality rights.
The User acknowledges and agrees that Miami Mami and/or duly identified third parties (as applicable) retain all intellectual property rights (whether such rights are registered or not and wherever in the world such rights may exist) relating to the Services . Miami Mami and/or duly identified third parties (as applicable) retain all rights not expressly granted to the User in these Terms of Use.
You further agree not to remove, obscure or alter any intellectual property rights notices (including copyright and trademark notices) that may be posted or contained in the Services. The User retains intellectual property rights and personality rights you already hold in relation to the Content you submit, publish or display on or through the Services.
Trademarks and the like Unless expressly authorized by Miami Mami to do so, nothing in the Terms of Use gives the User the right to use any of the registered trademarks, commercial brands, service marks, logos, domain names and other signs Miami Mami badges.
Software
Miami Mami grants the User a personal, worldwide, free, non-transferable and non- exclusive license to use the restaurant reservation interface on the Website/ Application as part of the Services provided (“Software”). This license has the sole purpose of allowing the User to reserve one of the restaurants as available on the Website/Application, as permitted by the Terms of Use.
The User is not permitted (nor may he permit third parties) to copy, modify, create a derivative work, carry out reverse engineering, decompilation or, in any other way, attempt to extract the source code of the Software or any part that composes it, unless this is expressly permitted or provided for by applicable law or the User has been specifically authorized in writing by Miami Mami to do so. Unless Miami Mami has granted the User specific written authorization to do so, it may not assign (or assign a sublicense of) its rights to use the Software, grant a warranty relating to its rights of use of the Software or, alternatively, transfer any part of your rights to use the Software. Grant of Licenses By submitting, publishing or displaying Content on the Website/Application or through the Services, the User grants: - to Miami Mami a perpetual, irrevocable, worldwide, free and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly use, publicly perform and distribute any Content submitted, published or displayed on the Site/ Application or through the Services. This license, which includes all intellectual property rights and personality rights (namely, image rights) contained in the Content, has the sole purpose of allowing Miami Mami to present, distribute and promote the Services to its Users; by performing any of the acts described here, the User is also granting; - each User of the Services has a non-exclusive license to access their Content through the Services, and to use, reproduce, distribute and display them within the scope permitted by the features of the Services and as set out in the Terms of Use.
The User agrees that this license includes the right for Miami Mami to make such Content available to other companies, organizations or individuals with whom Miami Mami has professional relationships or mere cooperation, for the provision of services and for the use of such Content in conjunction with the provision of these services.
The foregoing licenses granted to the Content terminate within a commercially reasonable time after its removal or deletion from the Services. However, you acknowledge and agree that Miami Mami reserves the right to retain on a server, but not to display or distribute, copies of Content that has been removed or deleted.
By sending, publishing or displaying Content through the Services, and by granting the licenses referred to in the Terms of Use, the User expressly represents and warrants: - not violating intellectual property rights or personality rights of third parties, and; - have all the necessary powers and authorizations to grant licenses aforementioned. The User understands that Miami Mami, when carrying out the technical procedures necessary to provide the Services to Users, may: - transmit or distribute its Content over various public networks and in various media; and can; - make the necessary changes to the Content to adjust and adapt that Content to the technical requirements of connectivity of networks, devices, services or media. The User agrees that this license allows Miami Mami to perform these actions. It is Miami Mami's policy to respond to notices of alleged copyright infringement that respect applicable international conventions on intellectual property (including, in the USA, the Digital Millennium Copyright Act), as well as to terminate User Accounts when they are infringers. repeat offenders. If you have reason to believe that any of the contents of the Miami Mami Website/Application violates intellectual property rights, please contact Miami Mami via the email indicated in the contact area of the Website.

5. EXCLUSION OF WARRANTIES

To the extent permitted by applicable law, the services are provided as is and as available and Miami Mami does not provide any type of warranty regarding them. In particular, Miami Mami does not guarantee the user that: - the use of the services will meet their needs or expectations; - the use of the services is not interrupted, or is punctual, safe or error-free; - any information obtained resulting from the use of the services is accurate or reliable and; - defects, if any, in the operation or functionality of any software provided as part of the services will be corrected.
No conditions, warranties or other terms (including any implied terms regarding satisfactory quality, fitness for purpose or conformity with description) apply to the services except to the extent expressly set out in the terms of use.
The use, by the user, of the Website/Application, the services, as well as any materials downloaded or otherwise obtained through the use of the services is done at their own risk and sole responsibility, being exclusively responsible for any damages arising and loss of profits caused by the equipment on which the Website/Application, services and materials available there are used or viewed.
Nothing in the terms of use shall affect the rights provided for by applicable legislation to which the user is always entitled as a consumer, if in that capacity he intervenes and interacts with Miami Mami, and which, contractually, he cannot agree to change or waive.
No recommendation or information, oral or written, from Miami Mami should be construed as constituting a guarantee of any kind, unless expressly provided for in the terms of use. To facilitate user accessibility, Miami Mami may include links to websites that are owned or operated by third parties. When using links to these third- party sites, you must review and accept the rules of that site before using it. The user must also accept that Miami Mami does not control the content of that website and cannot assume any responsibility for the materials created or published by these third party websites. Additionally, a link to a non-Miami website Mami does not mean that it endorses the Site/Application or the products and services referenced therein.

6. LIMITATION OF LIABILITY

To the extent permitted by applicable legislation, Miami Mami does not assume any liability to the user for: - Any damages resulting from the use of the Website/Application and services, including restaurant reservations; - Any damages resulting from: any judgment of the user regarding the integrity, accuracy or existence of any advertisement or any relationship or transaction carried out with any advertiser, whose advertising is presented on the services or in the Miami Mami newsletter; - any changes that Miami Mami may make to the services or any permanent or temporary cessation of the provision of the services (or any features of the services); - the deletion, corruption or storage error of any content or other communications data maintained or transmitted by or through the use of the services; - direct or indirect violation of the terms of use; - failure to maintain the security and confidentiality of the password or user account details.
Miami Mami's liability for compensation for any consequential damages and loss of profits related to the Website/Application and services, caused by Miami Mami, its representatives or assistants, is limited to cases in which it acts with intent or negligence. serious. If you disagree, partially or totally, with the Site/Application or services, or terms of use, you only have the right to stop using the Site/Application or services, as applicable, and to demand the cancellation of your user account.

7. PRIVACY POLICY

The Privacy Policy is available at Privacy Policy. The document contains an explanation of the procedures adopted by Miami Mami, in the context of processing the User's personal data and protecting their privacy, when using the Website/Application and the Services. The purpose of collecting and processing your personal data is to provide Services by Miami Mami and to register the User on the Website/Application, with the following rights being guaranteed with regard to your personal data: - right of access to data personal; - right of rectification; - right to erasure; - right to limitation; - right of portability; - right to opposition and, in particular; - right to object to your data being processed for direct marketing purposes, under the terms described in the Privacy Policy.

8. GENERIC PROVISIONS

Prevalence
In case of conflict between the Terms of Use and other specific provisions or specific terms and conditions existing on the Site/Application relating to certain materials, these shall prevail.
Exercise of Rights
The non-exercise or immediate non-application of rights or provisions by Miami Mami, provided for in the Terms of Use, shall not be interpreted as a waiver thereof.
Completeness
The Terms of Use constitute the entire agreement between the User and Miami Mami regarding the use and consultation, by the former, of the Website/Application and the Services, and regulate the use of these (excluding any Services that may be provided by Miami Mami under a separate written contract), replacing in full any previous agreements established between the User and Miami Mami in relation to the Site/ Application and the Services.
Reduction
The invalidity, declared by a final court or arbitration ruling, of any provision of the Terms of Use does not determine the invalidity of the others, Miami Mami reserving the right, if applicable, to modify the Terms of Use accordingly. to compensate for the invalidity.
Contacts / Notifications / Communications / Complaints Any contacts, notifications and communications from Miami Mami to the User under the Terms of Use must preferably be made to the email address provided by the User in their User Account, without prejudice to Miami Mami can resort to other elements and forms of contact. Any contacts, notifications, communications and complaints from the User must be made, preferably, to the email indicated in the contact area of the Website.

9. APPLICABLE LAW AND JURISDICTION

The Terms of Use, as well as the User's relationship with Miami Mami in accordance with them, are governed by the applicable laws of the Republic of Portugal. The User and Miami Mami agree to submit to the exclusive jurisdiction of the judicial courts of the district of Lisbon the resolution of any legal issues arising from the Terms of Use, without prejudice to the applicable mandatory legal rules. Notwithstanding the foregoing, Miami Mami may apply precautionary measures (or equivalent types of urgent legal compensation) in any jurisdiction.

A. GENERAL PART

1.1. COLLECTION AND PROCESSING OF USER DATA
In connection with the provision of the website hosted at www.miamimami.com (“Site”), mobile applications (“Applications”), the conclusion of contracts and the provision of information, resources and content services , including newsletter, download areas, blogs, forums and recruitment (together, the “Services”) to its users (“User”), Verão Flourescente lda., with registered office at Avenida Marginal no 6784 2765-270 Estoril, registered at the Commercial Registry Office under the unique registration and legal person number 517042304, with share capital of EUR 4,000.00 (“Miami Mami”) may request the User to make personal data available, that is, information provided by the User that allows Miami Mami to identify and/or contact you (“PersonalData”). As a rule, Personal Data is requested when the User registers on the Website or an Application, signs up for restaurants operated by Miami Mami, requests newsletters to be sent, subscribes to a specific Service, purchases a product or service, signs up for an activity or event available on the Website/Applications or through the Services applies for a position or function at Miami Mami or establishes a contractual relationship in this regard with Miami Mami.
The Personal Data collected and processed consists of information relating to name, gender, date of birth, telephone, mobile phone, email, address, photograph (collected only for the purposes of controlling access to Restaurants by the User), tax identification number, although they may other Personal Data may be collected that may be necessary or convenient for access to certain Services on the Website/Applications, for the User's registration in a Restaurant, for certain promotions or commercial campaigns, for the purposes of staff selection and recruitment or within the scope contractual relationship established in this regard with Miami Mami.
If the Restaurant's Wi-Fi network is used, the IP address and traffic data of the mobile device through which the User accesses the Wi-Fi network may be collected. and if the User uses Miami Mami devices located in the Restaurant to access their login, their traffic data may be collected. When collecting Personal Data, Miami Mami provides the User with detailed information about the nature of the data collected and about the purpose and processing that will be carried out in relation to the Personal Data, as well as the information mentioned in clause 8. Miami Mami also collects and processes information about its hardware and software, as well as information about the pages visited by the User within the Site/Applications. This information may include: your browser type, domain name, access times and the links through which the User accessed the Site/Applications (“Usability Information”). We only use this information to improve the quality of your visit to our Website/ Applications. Usability Information and Personal Data are referred to in this Privacy Policy as “User Data”. Therefore, the entity responsible for processing User Data and, as well, for preparing this Privacy Policy,is Miami_Mami, having_appointed_aPersonal Data Protection Officer, who is responsible for implementing and verifying the compliance with the Privacy Policy (“Personal Data Protection Officer”).
The contact details of Miami Mami's Personal Data Protection Officer are as follows: dados.pessoais@miamimami.com.

1.2. SUBCONTRACTED ENTITIES
In the context of the processing of User Data, Miami Mami uses or may use third party entities, subcontracted by itself, to, on behalf of Miami Mami, and in accordance with the instructions given by it, process the User Data. User, in strict compliance with the provisions of the law and this Privacy Policy.
These subcontracted entities may not transmit User Data to other entities without Miami Mami having previously given written authorization to do so, and are also prevented from contracting other entities without prior authorization from Miami Mami.
Miami Mami is committed to subcontracting only entities that present sufficient guarantees of carrying out appropriate technical and organizational measures, in order to ensure the defense of the User's rights. All entities subcontracted by Miami Mami are bound to the latter through a written contract which regulates, in particular, the object and duration of the processing, the nature and purpose of the processing, the type of personal data, the categories of holders of data and the rights and obligations of the parties.
When collecting personal data, Miami Mami provides the User with information about the categories of subcontracted entities that, in the specific case, may carry out data processing on behalf of Miami Mami.

1.2. DATA COLLECTION CHANNELS
Miami Mami may collect data directly (ie, directly from the User) or indirectly (ie, through partner entities or third parties). Collection can be done through the following channels: - Direct collection: in person, by phone, by email and through the Website/Applications; - Indirect collection: through partners or group companies, through a family member or friend of a potential User and official entities.

2. GENERAL PRINCIPLES APPLICABLE TO THE PROCESSING OF USER DATA

In terms of general principles relating to the processing of personal data, Miami Mami undertakes to ensure that the User Data processed by it are: - Subject to lawful, fair and transparent in relation to the User; - Collected for specific, explicit and legitimate purposes, not being further processed in a way that is incompatible with those purposes; Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed; - Accurate and updated whenever necessary, with all appropriate measures being adopted so that inaccurate data, taking into account the purposes for which they are processed, are erased or rectified without delay; - Kept in a way that allows the User to be identified only for the period necessary for the purposes for which the data is processed; - Processed in a way that guarantees its security, including protection against unauthorized or illicit processing and against accidental loss, destruction or damage, with appropriate technical or organizational measures being adopted.
Data processing carried out by Miami Mami is lawful when at least one of the following situations occurs: - The User has given explicit consent to the processing of User Data for one or more specific purposes;
- The processing is necessary to comply with a legal obligation to which Miami Mami is subject;The processing is necessary to defend the vital interests of the User or another naturalperson;-The processing is necessary for the purposes of the legitimate interests pursued by Miami Mami or by third parties (except if the interests or fundamental rights and freedoms of the User that require the protection of personal data prevail). Miami Mami undertakes to ensure that the processing of User Data is only carried out under the conditions listed above and with respect for the principles mentioned above.
- When the processing of User Data is carried out by Miami Mami based on the User's consent, the User has the right to withdraw their consent at any time. The withdrawal of consent, however, does not compromise the lawfulness of the processing carried out by Miami Mami based on the consent previously given by the User.

3. USE AND PURPOSES OF PROCESSING USER DATA

In general terms, Miami Mami uses User Data for the following purposes: Reservation of the User in Restaurants operated by Miami Mami and management of the respective contractual relationship with the User; - Management of contacts with the User; - Billing and charging the User; - User Registration on the Website/Applications; - Inform the User, who has requested it, of new products and services available on the Website/Applications and/or in the Restaurants, special offers and campaigns, updated information about Miami Mami's activity and, in general, for marketing purposes from Miami Mami, through any means of communication, including electronic support; - Allow access to restricted areas of the Website/Applications, in accordance with previously established terms; - Ensure that the Site/Applications meet the User's needs, through the development and publication of content that is as adapted as possible to the requests and type of User, improving the search capabilities and functionalities of the Site/Applications and obtaining aggregated or statistical information regarding the User's typical profile (consumption profile analysis or profiling); - Provision of other services, such as newsletters, opinion surveys, or other information or products requested or purchased by the User; - Use of the User's image within the scope of marketing, promotion and team building activities, through any medium, when the image has been collected at events, parties, activities or other events promoted by Miami Mami in which the User has participated; - Recording of telephone calls that may be made within the scope of the contractual relationship, either during the contract formation phase or during its validity; - Personnel selection and recruitment and management of the respective contractual relationship established with Miami Mami.
Miami Mami may combine Usability Information with anonymous demographic information for research purposes, and we may use the results of this combination to provide more relevant content on the Site/Applications. In certain restricted areas of the Site/Applications, Miami Mami may combine Personal Data with Usability Information to provide the User with more personalized content (profiling). User Data collected by Miami Mami is not shared with third parties without the User's consent, with the exception of the situations referred to in paragraph a follow. However, if the User contracts with Miami Mami services that are provided by other entities responsible for the processing of personal data, the User Data may be consulted or accessed by these entities, to the extent that this is necessary for the provision of the said services.
Under applicable legal terms, Miami Mami may transmit or communicate User Data to other entities if such transmission or communication is necessary for the execution of the contract established between the User and Miami Mami, or for pre-contractual measures upon request of the User, if it is necessary to comply with a legal obligation to which Miami Mami is subject or if it is necessary for the purpose of pursuing the legitimate interests of Miami Mami or a third party (for example, in the case of sale or transfer of part or all of Miami Mami, or its assets, between entities owned by or related to Miami Mami and that operate any of its Restaurants, or for the purposes of collecting the User's debts towards Miami Mami). If User Data is transmitted to third parties, we will make reasonable efforts to ensure that the transmitter uses the transmitted User Data in a manner consistent with the Privacy Policy.

4. TECHNICAL, ORGANIZATIONAL AND SECURITY MEASURES IMPLEMENTED

To guarantee the security of User Data and maximum confidentiality, we treat the information you provide to us in an absolutely confidential manner, in accordance with our internal security and confidentiality policies and procedures, which They are updated periodically according to needs, as well as in accordance with the legally established terms and conditions.
Depending on the nature, scope, context and purposes of data processing, as well as the risks arising from processing for the User's rights and freedoms, Miami Mami undertakes to apply, both when defining the means of processing as at the time of the processing itself, the necessary and appropriate technical and organizational measures to protect User Data and comply with legal requirements. It is also committed to ensuring that, by default, only the data that is necessary for each specific processing purpose is processed and that these data are not made available without human intervention to an indeterminate number of people.
In terms of general measures, Miami Mami adopts the following: - Regular audits to assess the effectiveness of the technical and organizational measures implemented; - Awareness raising and training of personnel involved in data processing operations; - Pseudonymization and encryption of personal data; - Mechanisms capable of ensuring the confidentiality, availability and permanent resilience of information systems; - Mechanisms that ensure the restoration of information systems and access to personal data in a timely manner in the event of a physical or technical incident;

5. DATA TRANSFER OUTSIDE THE EUROPEAN UNION

In certain types of processing, personal data collected by Miami Mami may be made available to third parties, which may involve their transfer outside the European Union. In such a case, Miami Mami undertakes to ensure that the transfer complies with the applicable legal provisions, particularly regarding the determination of the suitability of such country with regard to data protection and the requirements applicable to such transfers.

6. CODES OF CONDUCT AND CERTIFICATION PROCEDURES

Not applicable.

7. USE OF COOKIES

When you visit our Website/Application, you will be asked for your consent to the creation and recording of a text file (Cookie) on your computer. This file will allow you to access the Website/Application more easily and quickly, as well as customize it according to your preferences. Most browsers accept these files (Cookies), but the User can delete them or automatically block them. In the "Help" menu of your browser you will find how to make these settings. However, if you do not allow the use of cookies, there may be some features of the Website/Application that you will not be able to use.

B. USER RIGHTS (DATA SUBJECTS)

Under applicable legal terms, the User has the following rights:

8. RIGHT TO INFORMATION

8.1. Information provided to the User by Miami Mami (when data is collected directly from the User): - The identity and contact details of Miami Mami, responsible for the processing and, if applicable, its representative; - The contact details of the Data Protection Officer; - The purposes of the processing for which the personal data is intended, as well as, if applicable, the legal basis for the processing; - If data processing is based on legitimate interests of Miami Mami or a third party, indication of such interests; - If applicable, the recipients or categories of recipients of the personal data; - If applicable, indication that the personal data will be transferred to a third country or an international organization, and the existence or not of an adequacy decision adopted by the Commission or the reference to appropriate or adequate transfer guarantees; - Period of retention of personal data; - The right to request Miami Mami to access personal data, as well as its rectification, erasure or limitation, the right to object to processing and the right to data portability; - If data processing is based on the User's consent, the right to withdraw consent at any time, without compromising the lawfulness of the processing carried out based on previously given consent; - The right to lodge a complaint with the CNPD or other supervisory authority; Indication of whether or not the communication of personal data constitutes a legal or contractual obligation, or a necessary requirement to conclude a contract, as well as whether the holder is obliged to provide the personal data and the possible consequences of not providing such data; - If applicable, the existence of automated decisions, including profiling, and information regarding the underlying logic, as well as the importance and anticipated consequences of such processing for the data subject.
If User Data is not collected directly by Miami Mami from the User, in addition to the information referred to above, the User is additionally informed about the categories of personal data subject to processing and, as well, about the origin of the data and, eventually, they come from sources accessible to the public.
If Miami Mami intends to further process User Data for a purpose other than that for which the data was collected, before such processing Miami Mami will provide the User with information about that purpose and any other pertinent information, under the terms above referred to.
8.2. Procedures and measures implemented to fulfill the right to information.
The information referred to in 8.1. is provided in writing (including by electronic means)
by Miami Mami to the User prior to the processing of personal data in question (for example, prior to the User's registration in the Restaurants operated by Miami Mami or prior to registration on the Website/Applications). Under applicable law, Miami Mami is not obliged to provide the User with the information mentioned in 8.1 when and to the extent that the User is already aware of it. The information is provided by Miami Mami free of charge.

RIGHT TO ACCESS PERSONAL DATA

Miami Mami guarantees the means that allow the User to access their Personal Data.
The User has the right to obtain from Miami Mami confirmation that personal data concerning him or her are being processed or not and, if applicable, the right to access his or her personal data and the following information: - The purposes of the data processing; - The categories of personal data in question; - The recipients or categories of recipients to whom the personal data have been or will be disclosed, namely recipients established in third countries or belonging to international organizations; - The period of retention of personal data; - Right to request Miami Mami to rectify, erase or limit the processing of personal data, or the right to oppose such processing; - Right to lodge a complaint with the CNPD or other supervisory authority; If the data has not been collected from the User, the information available about the origin of that data; - The existence of automated decisions, including profiling, and information regarding the underlying logic, as well as the importance and expected consequences of such processing for the data subject; - Right to be informed about the appropriate guarantees associated with the transfer of data to third countries or international organizations.
Upon request, Miami Mami will provide the User, free of charge, with a copy of the User Data that is currently being processed. Providing other copies requested by the User may involve administrative costs.

10. RIGHT TO RECTIFICATION OF PERSONAL DATA

The User has the right to request, at any time, the rectification of their Personal Data and, as well, the right to have their incomplete personal data completed, including through an additional statement .
In the event of data rectification, Miami Mami communicates the respective rectification to each recipient to whom the data has been transmitted, unless such communication proves impossible or involves a disproportionate effort for Miami Mami. If the User requests it, Miami Mami provides information about said recipients.

11. RIGHT TO DELETION OF PERSONAL DATA (“RIGHT TO BE FORGOTTEN”)

The User has the right to obtain, from Miami Mami, the erasure of their data when one of the following reasons applies: - The User Data is no longer necessary for the purpose that motivated its collection or processing; - The User withdraws the consent on which the data processing is based and there is no other legal basis for said processing; - The User opposes the processing under the right to object and there are no prevailing legitimate interests that justify the processing;
- If User Data is processed unlawfully; - If User Data must be deleted to comply with a legal obligation to which Miami Mami is subject; - If the User Data was collected in the context of offering information society services to children.
- Under applicable legal terms, Miami Mami is not obliged to delete User Data to the extent that the processing proves necessary to comply with a legal obligation to which Miami Mami is subject or for the purposes of declaration, exercise or defense of Miami Mami's right in a legal proceeding. In case of data deletion, Miami Mami informs each recipient/ entity to which the data has been transmitted the respective deletion, unless such communication proves impossible or involves a disproportionate effort for Miami Mami. If the User requests it, Miami Mami provides information about said recipients.
When Miami Mami has made User Data public and is obliged to delete it under the right to erasure, Miami Mami undertakes to ensure reasonable measures, including technical ones, taking into account available technology and the costs of its application, to inform those responsible for the effective processing of personal data that the User has_requested them to delete links to such personal data, as well as copies or reproductions thereof.

12. RIGHT TO LIMIT THE PROCESSING OF PERSONAL DATA

The User has the right to obtain, from Miami Mami, the limitation of the processing of User Data, if one of the following situations applies (the limitation consists of inserting a mark in the data personal data kept with the aim of limiting their processing in the future): - If you contest the accuracy of the personal data, for a period that allows Miami Mami to verify its accuracy; - If the processing is unlawful and the User opposes the deletion of the data, requesting, in return, the limitation of its use; - If Miami Mami no longer needs the User Data for processing purposes, but such data is required by the User for the purposes of declaring, exercising or defending a right in legal proceedings; - If the User has objected to the processing, until it is verified that Miami Mami's legitimate reasons prevail over those of the User.
- When User Data is subject to limitation, it may only, with the exception of conservation, be processed with the User's consent or for the purposes of declaring, exercising or defending a right in legal proceedings, defending the rights of another natural person or collective, or for legally foreseen reasons of public interest.
- The User who has obtained the limitation of the processing of their data in the cases referred to above will be informed by Miami Mami before the limitation of processing is canceled.
- In case of limitation of data processing, Miami Mami will communicate the respective limitation to each recipient to whom the data has been transmitted, unless such communication proves impossible or involves a disproportionate effort for Miami Mami. If the User requests it, Miami Mami provides information about said recipients.

13. RIGHT TO PORTABILITY OF PERSONAL DATA

The User has the right to receive the personal data concerning him or her and which he or she has provided to Miami Mami, in a structured, commonly used and machine-readable format, and the right to transmit this data to another controller, if: - The processing is based on consent or a contract to which the User is party;
- The processing is carried out by automated means.
- The right to portability does not include inferred data or derived data, ie, personal data that is generated by Miami Mami as a consequence or result of the analysis of the data subject to processing.
- The User has the right to have personal data transmitted directly between those responsible for processing, whenever this is technically possible. The exercise of the right to data portability applies without prejudice to the right to erasure of data.

14. RIGHT TO OPPOSE TO PROCESSING

The User has the right to object at any time, for reasons related to their particular situation, to the processing of personal data concerning them which is based on the exercise of legitimate interests pursued by Miami Mami or when the processing is carried out for purposes other than those for which the personal data was collected, including profiling, or when personal data is processed for statistical purposes.
Miami Mami will cease processing User Data, unless it presents compelling and legitimate reasons for such processing that prevail over the User's interests, rights and freedoms, or for the purposes of declaring, exercising or defending Miami Mami's rights in a proceeding. judicial.
When User Data is processed for the purposes of direct marketing (marketing), the User has the right to object at any time to the processing of data concerning him or her for the purposes of said marketing, which includes the definition of profiles in the to the extent that it is related to direct marketing. If the User objects to the processing of their data for direct marketing purposes, Miami Mami will cease processing the data for this purpose. The User also has the right not to be subject to any decision taken exclusively based on automated processing, including the definition of profiles, that produces legal effects or that significantly affects him in a similar way, unless the decision: - Is necessary for the conclusion or execution of a contract between the User and Miami Mami; - It is authorized by legislation to which Miami Mami is subject; or - Is based on the User's explicit consent.

15. PROCEDURES FOR THE EXERCISE OF RIGHTS BY THE USER

The right to access, the right to rectification, the right to erasure, the right to limitation, the right to portability and the right to object can be exercised by the User by contacting Miami Mami, via email dados.pessoais@miamimami.com.
Miami Mami will respond in writing (including by electronic means) to the User's request within a maximum period of one month from receipt of the request, except in cases of special complexity, in which this period may be extended up to two months. If requests submitted by the User are manifestly unfounded or excessive, particularly due to their repetitive nature, Miami Mami reserves the right to charge administrative costs or refuse to comply with the request.

16. IMAGE RIGHTS

Whenever the User participates in an event promoted by Miami Mami, and without prejudice to the right to honor, intimacy and self-image, as well as other applicable legislation to which Miami Mami is obliged, it is considered that the collection and processing of the User's image are lawful, as they correspond to a legitimate interest in commercial dissemination pursued by Miami Mami (the User's image may be collected, in accordance with usual uses, within the scope of marketing, promotion and team building activities , including photographs, images and sound), if the User has given their consent. Also within the scope of a legitimate interest in commercial dissemination, Miami Mami may use this data in photos or videos that are displayed in its own media, namely on Internet pages, Facebook pages and other social networks, projectors and LCDs installed in restaurants, newsletters, etc. The User has the right to object to the use of their image by Miami Mami under the applicable legal terms and to request Miami Mami to remove the User's images from their media.
Occasionally, filming or photographic sessions may take place inside the Restaurants, for promotional or other purposes, and notices about the taking place will be posted in the Restaurants and in the specific spaces where such sessions are taking place. In these cases, the User also has the right to object to the use of their image under the applicable legal terms, and must contact Miami Mami for this purpose.
If you do not consent to the use of your image by Miami Mami, the User will not be able to participate in any of the events mentioned above, as Miami Mami cannot guarantee that the User's image is not collected.

17. PERSONAL DATA BREACHES

In the event of a data breach and to the extent that such breach is likely to pose a high risk to the User's rights and freedoms, Miami Mami undertakes to communicate the personal data breach to the User in cause within 24 hours of the incident.
Under legal terms, communication to the User is not required in the following cases: - If Miami Mami has applied appropriate protection measures, both technical and organizational, and these measures have been applied to personal data affected by the personal data breach, especially measures that make personal data incomprehensible to any person not authorized to access that data, such as encryption; - If Miami Mami has taken subsequent measures to ensure that the high risk to the User's rights and freedoms is no longer likely to materialize; or - If communication to the User involves a disproportionate effort for Miami Mami. In this case, Miami Mami will make a public communication or take a similar measure through which the User will be informed.

C. FINAL PART

18. CHANGES TO THE PRIVACY POLICY

Miami Mami reserves the right to change this Privacy Policy at any time. If the Privacy Policy is modified, the date of the last change, available at the top of this page, is also updated. If the change is substantial, a notice will be posted on the Site.

19. CONTACT

Without prejudice to the provisions of clause 15 regarding the exercise of the rights granted to the User under legal terms, if you wish to raise questions or complaints related to the Privacy Policy, you may do so via email dados.pessoais@miamimami.com.

20. APPLICABLE LAW AND JURISDICTION

The Privacy Policy, as well as the collection, processing or transmission of User Data, are governed by the provisions of Regulation (EU) 2016/679, of the European Parliament and of the Council, of April 27, 2016 and by the legislation and regulations applicable in Portugal.
Any disputes arising from the validity, interpretation or execution of the Privacy Policy, or which are related to the collection, processing or transmission of User Data, must be submitted exclusively to the jurisdiction of the judicial courts of the district of Lisbon, without prejudice to legal regulations applicable imperatives.

1. DATA COLLECTED AND PROCESSED:

name, email address, landline, mobile phone and best time to contact. If you participate in promotional campaigns or events organized by MIAMI MAMI, your image may be collected.

2. RESPONSIBLE FOR THE PROCESSING OF PERSONAL DATA:

Verão Flourescente lda, with registered office at Avenida Marginal no 6784, 2765-270 Estoril, registered at the Commercial Registry Office under the unique registration and legal person number 517042304. Contact: geral@wmiamimami. with.

3. CONTACT DATA PROTECTION OFFICER:

dados.pessoais@miamimami.com.

4. PURPOSES OF PROCESSING PERSONAL DATA:

- Inform the Holder about the products and/or services made available by MIAMI MAMI through the Website/Application and/or Restaurants, special offers and campaigns, updated information about MIAMI MAMI's activity and, generally speaking, for the purposes of direct marketing by MIAMI MAMI and its Restaurants, through any means of communication, including electronic support (legal basis: consent of the Holder);
- Sending of newsletters (legal basis: consent of the Holder);
- Use of the Holder's image within the scope of marketing, promotion and team building activities, through any medium, when the image has been collected at events, parties, activities or other events promoted by MIAMI MAMI in which the Holder has participated (basis legal: consent of the Holder).

5. ENTITIES SUBCONTRACTED BY MIAMI MAMI:

within the scope of the processing of the Holder's data, MIAMI MAMI uses or may use third parties, subcontracted by it, to, on behalf of MIAMI MAMI, and in accordance with the instructions given by it, process data in strict compliance with the provisions of the law. These subcontracted entities will not be able to transmit the Holder's data to other entities without MIAMI MAMI having previously given written authorization to do so, and are also prevented from contracting other entities without prior authorization from MIAMI MAMI. At the date of issuance of this document, MIAMI MAMI subcontracts third parties for the purpose of providing technological and IT services. If you would like to obtain information about subcontracted entities, please contact us via email dados.pessoais@miamimami.com

6. RECIPIENTS OR CATEGORIES OF DATA RECIPIENTS (ENTITIES TO WHOM DATA MAY BE COMMUNICATED):

under applicable legal terms, MIAMI MAMI may transmit or communicate data to other entities if such transmission or communication is necessary for the execution of the contract established between the Holder and MIAMI MAMI, or for pre- contractual measures at the request of the Holder, in case it is necessary to comply with a legal obligation to which MIAMI MAMI is subject or in case it is necessary for the purpose of carrying out a legitimate interests of MIAMI MAMI or a third party (for example, in the event of sale or transfer of part or all of MIAMI MAMI, or its assets, between entities owned by or related to MIAMI MAMI and that operate one of its Restaurants, or for the purposes of collecting debts owed by the Holder to MIAMI MAMI).

7. TRANSFER OF DATA OUTSIDE THE EUROPEAN UNION (THIRD COUNTRY OR INTERNATIONAL ORGANIZATION):

in certain types of processing, data may be made available to third parties, which may involve its transfer outside the European Union. In such a case, MIAMI MAMI undertakes to ensure that the transfer complies with the applicable legal provisions, particularly regarding the determination of the suitability of such country with regard to data protection and the requirements applicable to such transfers. Specifically, in the case of data that is transferred to the United States of America (data for mailing and newsletter sending purposes), MIAMI MAMI carries out such transfer under the Adequacy Decision (EU) 2016/1250, issued by European Commission on 7/12/2016 (EU-US Privacy Shield).

8. DATA STORAGE PERIOD:

12 months, without prejudice to the Holder requesting the erasure or limitation of the processing of their personal data, or opposing the processing of their personal data.

9. HOLDER'S RIGHTS:

-Right of access: the Holder has the right to obtain confirmation that personal data concerning him or her are being processed or not and, if applicable, the right to access his or her personal data. Right to rectification: the Holder has the right to request, at any time, the rectification of their personal data and also the right to have their incomplete personal data completed, including by means of an additional statement.
- Right to erasure: the Holder has the right to obtain the erasure of their data when one of the following reasons applies: (i) the Holder's data is no longer necessary for the purpose that motivated its collection or processing; (ii) the Holder withdraws the consent on which the data processing is based and there is no other legal basis for said processing; (iii) the Holder opposes the processing under the right to object and there are no prevailing legitimate interests that justify the processing; (iv) if the Holder’s data is processed unlawfully; (v) if the Holder's data must be deleted to comply with a legal obligation to which the person responsible is subject; (vi) if the Holder's data was collected in the context of offering information society services to children. Under applicable legal terms, the person responsible is not obliged to delete the Holder's data to the extent that the processing proves necessary to comply with a legal obligation to which the person responsible is subject or for the purposes of declaring, exercising or defending a right. of the person responsible in legal proceedings.
- Right to limitation: the Holder has the right to obtain limitation of the processing of their data if one of the following situations applies (the limitation consists of inserting a mark in the personal data stored with the aim of limiting their processing in the future): (i) if you dispute the accuracy of the personal data, for a period that allows the person responsible to verify its accuracy; (ii) if the processing is unlawful and the Owner opposes the deletion of the data, requesting, in return, the limitation of its use; (iii) if the person responsible no longer needs the Holder's 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; (iv) if the Holder has objected to the processing, until it is verified that the legitimate reasons of the person responsible prevail over those of the Holder. When the Holder's data is subject to limitation, it may only be processed, with the exception of conservation, with the Holder's consent or for the purposes of declaration, exercise or defense of a right in legal proceedings, in defense of the rights of another natural or legal person, or for reasons of public interest legally provided for. Right to portability: the Holder has the right to receive the personal data that concerns him or her and that he or she has provided to the person responsible, in a structured, commonly used and machine-readable format, and the right to transmit these data to another person responsible for the processing, if: (i) the processing is based on consent or a contract to which the Owner is party and (ii) the processing is carried out by automated means. The right to portability does not include inferred data or derived data, ie, personal data that is generated by the person responsible as a consequence or result of the analysis of the data subject to processing. The Holder has the right to have personal data transmitted directly between those responsible for processing, whenever this is technically possible. The exercise of the right to data portability applies without prejudice to the right to erasure of data.
- Right to object: the Holder has the right to object at any time, for reasons related to their particular situation, to the processing of personal data concerning them which is based on the exercise of legitimate interests pursued by the person responsible or when the processing is carried out for purposes other than those for which the personal data was collected, including profiling, or when personal data is processed for statistical purposes. The person responsible will cease processing the Holder's data, unless he/she presents compelling and legitimate reasons for this processing that prevail over the Holder's interests, rights and freedoms, or for the purposes of declaring, exercising or defending a right of the person responsible in legal proceedings. When the Holder's data is processed for the purposes of direct marketing (marketing), the Holder has the right to object at any time to the processing of data concerning him or her for the purposes of said marketing, which includes the definition of profiles in the to the extent that it is related to direct marketing. If the Holder objects to the processing of their data for direct marketing purposes, the controller will cease processing the data for this purpose.
- Right to lodge complaints with the National Data Protection Commission (CNPD) or other supervisory authority in matters of personal data protection. The CNPD contact details are as follows: Rua de São Bento n.o 148-3o 1200-821 Lisbon - Tel: +351 213928400 - Fax: +351 213976832 - e-mail: geral@cnpd.pt.

10. EXERCISE OF RIGHTS BY THE HOLDER:

the right of access, the right of rectification, the right of erasure, the right to limitation, the right of portability and the right to opposition may be exercised by the Holder by contacting MIAMI MAMI, through from the email dados.pessoais@miamimami.com. MIAMI MAMI will respond in writing (including by electronic means) to the Holder's request within a maximum period of one month from receipt of the request, except in cases of particular complexity, in which this period may be extended up to two months. If the requests presented by the Holder are manifestly unfounded or excessive, particularly due to their repetitive nature, MIAMI MAMI reserves the right to charge administrative costs or refuse to comply with the request.