Privacy Policy​

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1. PROTECTION OF PERSONAL DATA

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Through its website www.themidnightespresso.com or any other domain or subdomain linked to it and owned by MINDS NEST, LDA., THE MIDNIGHT ESPRESSO may request certain personal data from the User. The data provided by the User will be incorporated into an automated file of personal data owned by THE MIDNIGHT ESPRESSO, which will be processed solely for the purpose of providing the services requested by the User.

The User authorises the automated processing of the personal data provided, necessary for the provision of the agreed services, as well as for carrying out market studies, preparing purchasing profiles in order to apply advantages, discounts and additional offers related to their status as a customer—derived or not from the analysis of their purchasing habits—and for sending promotional communications, by any means (electronic or otherwise), to those who so wish and do not state otherwise, regarding news, products, services and special offers from THE MIDNIGHT ESPRESSO establishments/points of sale.

The personal information received from registered users is stored in a database owned by THE MIDNIGHT ESPRESSO, which adopts technical, organisational and security measures that ensure the confidentiality and integrity of the information, in accordance with the General Data Protection Regulation and other applicable legislation.

THE MIDNIGHT ESPRESSO will use the data provided by the User internally to supply the information requested by the User, as well as to inform them of offers and promotions considered to be of interest.

Any registered user may, at any time, exercise their rights of access, rectification, erasure and objection in relation to their personal data provided to THE MIDNIGHT ESPRESSO’s Website by means of a written communication addressed to: Minds Nest, Lda., Rua Cecílio de Sousa 1A, 1200-098 Lisboa, PORTUGAL; this communication may also be made by sending an e-mail to: support@themidnightespresso.com.

 

1.1. WHO IS RESPONSIBLE FOR THE PROCESSING OF MY PERSONAL DATA?

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The controller is the party that decides which personal data are processed and for what purposes. Below you will find the contact details of the controller for the processing carried out:
Entity: Minds Nest, Lda.
Address: Rua Cecílio de Sousa 1A, 1200-098 Lisboa, PORTUGAL
E-mail address: support@themidnightespresso.com

 

1.2. PURPOSE OF THE PROCESSING

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The purpose of the processing answers the question of how the controller will use my personal data.

In this regard, we inform you that the purpose is as follows. If you have provided personal data in the course of purchasing our products, the purpose is to provide you with the requested services, and specifically to fulfil purchase orders placed by users of our site for receipt at the corresponding delivery location or address. This concerns the fulfilment of a contractual relationship for the sale of our products.

Finally, if you have sent us your CV in one of our recruitment processes, or unsolicited because you are interested in joining our team, the purpose of the processing is to assess your knowledge and professional experience, and thus evaluate the opportunity to offer you a job position.

 

1.3. HOW LONG WILL WE KEEP YOUR DATA?

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With regard to data provided for the supply of our products, such data will be kept for as long as necessary to fulfil the purchase orders placed, plus a reasonable period of five years to deal with possible contractual claims.

Likewise, the lawful basis for processing the data provided to participate in prize draws or competitions promoted by The Midnight Espresso is your express consent to participate in such draws or competitions.

In the case of personal data provided in the context of a recruitment process, if you are not hired, such data will be deleted immediately and will not be retained, unless you expressly authorise such retention for a reasonable period not exceeding one year at the time you send us your CV.

 

1.4. WHAT IS THE LAWFUL BASIS FOR PROCESSING YOUR DATA?

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The data processed to fulfil purchase orders for our products are necessary to comply with the corresponding contract of sale, to which the preceding sections refer. If we are unable to process your data, we cannot fulfil our delivery obligations or other obligations arising from the performance of the corresponding contract of sale.

Finally, in the case of personal data provided when sending your CV, the lawful basis is the legitimate interest of the controller in finding applicants actively seeking employment who may be of interest.

 

1.5. CAN MY PERSONAL DATA BE TRANSFERRED TO A THIRD PARTY OTHER THAN THE CONTROLLER?

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No, it is not the intention of Minds Nest, Lda. to communicate or transfer your data to any person other than this company, except as provided in the following paragraphs. However, it may occur that, due to a legal or regulatory provision, Minds Nest, Lda. must communicate your information to a judicial, police or administrative authority, among other possible recipients.

Please note, however, that in the case of purchases of products through our website, we will transfer information derived from your browsing to logistics and transport companies so that these companies can deliver your order to you and send you commercial offers of products and/or services from other companies that may be of interest to you. These products and/or services relate to sectors such as beauty, health, sport or entertainment, among others.

 

1.6. WHAT ARE MY RIGHTS AS A DATA SUBJECT IN RELATION TO THE PROCESSING OF MY PERSONAL DATA?

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Naturally, the law recognises various rights concerning the processing of your personal data. These rights are as follows:
· Right to request access to your personal data.
· Right to request rectification or erasure.
· Right to request restriction of processing.
· Right to object to processing.
· Right to data portability.

These rights may be exercised in various ways:
· By sending a written communication to the address of the controller.
· By sending an e-mail to support@themidnightespresso.com.

In any of these cases, and to properly protect your personal data, we must confirm your identity by requesting identification or confirming certain of your personal details.

In addition, please note that you may lodge a complaint with the Portuguese Data Protection Authority (Comissão Nacional de Proteção de Dados — CNPD) regarding the exercise of your rights mentioned above, if you believe we have not responded to your request.

 

2. PRIVACY POLICY

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In compliance, this website adheres to Decree-Law No. 7/2004, of 7 January, regarding electronic commerce and information society services, as well as to Regulation (EU) 2016/679 (General Data Protection Regulation) and Law No. 58/2019, of 8 August. We inform you that the terms and conditions below (the “Terms”) are intended to regulate the access to and use of all web pages accessible under the domain “themidnightespresso.com” and its subdomains and subdirectories (the “Website”), owned by Minds Nest, Lda. (THE MIDNIGHT ESPRESSO), a trading company established at Rua Cecílio de Sousa 1A, 1200-098 Lisboa, incorporated for an indefinite period by public deed, registered at the Lisbon Commercial Registry with NIF 518366910.

Access to the Website and the use of its content and services implies full and unreserved adherence to the general conditions set out below. If the user decides not to accept the existing conditions, they should not access the Website and/or use the content/services available on it.

 

2.1. PURPOSE OF THE TERMS

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The purpose of these Conditions is to regulate access to and use of the Website. The Midnight Espresso may, at any time and without prior notice, modify the presentation and configuration of the Website and the content and services incorporated. You acknowledge and agree that at any time THE MIDNIGHT ESPRESSO may interrupt, disable and/or remove any content and/or services integrated into the Website.

 

2.2. WEBSITE CONTENT AND SERVICES

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Through the THE MIDNIGHT ESPRESSO Website, users are offered access to various information about the products it sells, as defined in the product modules in the retail formats also described, and subject to the stock availability of these products.

Likewise, users may access information content about the respective products or similar products of the same kind.

 

2.3. INFORMATION PROVIDED BY THIRD PARTIES

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The Website may contain varied information or content. THE MIDNIGHT ESPRESSO neither guarantees nor assumes any responsibility for the accuracy, completeness or correctness of such information and/or content, including in cases where items are defamatory, offensive or illegal.

In any event, and without prejudice to the foregoing, the forwarding by third parties of information and/or the posting of content in publicly accessible sections of this Website by e-mail or any other means implies the granting to the shop of a non-exclusive, worldwide, royalty-free licence of unlimited duration to reproduce, store, edit, modify, publish, include in databases, publicly display, transmit, exhibit, distribute, perform, or otherwise commercially exploit, in whole or in part, such information or content owned by the user on the Website in any form or by any means or technology.

You acknowledge and agree that THE MIDNIGHT ESPRESSO may preserve and disclose information stored on or made available to third parties on the Website whenever:
· Required to do so by authorities and agencies.
· Necessary to enforce the General Conditions and/or special conditions.
· Advisable or necessary to respond to complaints regarding infringement or violation of rights.
· Advisable or necessary to protect the legitimate interests of the shop, its users and the public.

 

2.4. REGISTRATION

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THE MIDNIGHT ESPRESSO may require access to certain content and/or services to be subject to the submission of a registration form. In such case, the user must provide the requested information. In connection with the registration process, the user agrees to:
· Provide true, accurate and complete information about their identity.
· Update the registration data so that they remain true, accurate and complete.

The user undertakes to use their username and password diligently and to keep them secret. They shall be solely responsible for maintaining the confidentiality of their username and password, personally assuming all activities that occur using them.

You may cancel your registration and unsubscribe at any time using your username and password. You acknowledge and agree that The Midnight Espresso reserves the right to cancel any registration for an unreasonable period.

With regard to the personal data you provided to perform the contract for the purchase of our products, and without prejudice to the general information provided on this Website, please note that your personal data will be communicated to logistics and transport companies. The purpose of this communication is that you may receive your products. These are products of a similar category to those of The Midnight Espresso, which are offered via the Internet and by means of personalised commercial communications, based on the analysis of the purchasing profiles you have made.

Please note that, according to the information we have, your data communicated to logistics and transport companies will be deleted every thirty (30) days, in accordance with their cookie-use policy.

Not only do you have the rights mentioned in the general information notice on data processing, but you may also revoke your consent for this communication at any time by sending an e-mail to support@themidnightespresso.com, indicating your wish to unsubscribe from the aforementioned service.

 

2.5. LIMITATION OF LIABILITY

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Certain information included on The Midnight Espresso Website has been provided by third parties, or information obtained from external sources to THE MIDNIGHT ESPRESSO. THE MIDNIGHT ESPRESSO is not responsible for the accuracy of the content or for any errors that may arise from such information.

Links on the Website may lead to other websites over which THE MIDNIGHT ESPRESSO has no control regarding content and for which it assumes no responsibility. Likewise, the shop will not be responsible for the technical availability of the web pages that the user accesses through its Website.

The user assumes full responsibility for any loss and damage that may arise from accessing such content, as well as any damage or harm caused to their computer system by any material downloaded or obtained through the use of the services, or for any loss of data due to the download of such material.

Furthermore, THE MIDNIGHT ESPRESSO is not liable for any damage arising from infringements by any user affecting the rights of other users or third parties, including copyright, trademarks, patents, confidential information and any other intellectual property rights.

THE MIDNIGHT ESPRESSO is not liable for damage caused to the user in the event of failure to provide services under these terms of use due to force majeure, acts of God or other causes not attributable to it. THE MIDNIGHT ESPRESSO will not be responsible for the improper use of the service due to maintenance or a defective configuration of the user’s equipment, or due to insufficient capacity of the computer systems to support the necessary requirements for the use of the services offered.

 

3. APPLICABLE LAW AND JURISDICTION

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These General Conditions of Use, the relationship existing between THE MIDNIGHT ESPRESSO and the User with respect thereto, as well as all matters that may arise from access to and/or use of this website, shall be governed by and interpreted in accordance with Portuguese law and shall be resolved by the competent courts.

In the event that the User is domiciled outside Portugal, THE MIDNIGHT ESPRESSO and the User submit, with express waiver of any other jurisdiction, to the competent courts of the Portuguese Republic.

Your data will be incorporated into a file under the responsibility of THE MIDNIGHT ESPRESSO, for the purpose of managing the processing and fulfilment of your order. If you have previously given your express consent, we will use your e-mail address to send commercial communications. You may unsubscribe from such communications at any time.