Privacy Policy

Mota-Engil, SGPS S.A. (henceforth referred to as the “Mota Engil Group”), makes every effort to ensure the safety of personal data. 

Therefore, the Mota-Engil Group has drawn up this Privacy Policy to disclose how it collects and processes personal data, in compliance with Regulation (EU) 2016/769 of the European Parliament and of the Council of 27 April 2016, (henceforth referred to as GDPR) and Law no. 58/2019 of 08 August that consecrates Regulation (EU) 2016/679 of 27 April into the Portuguese legal framework. 

The processing of personal data described in this Policy concerns the personal data of all citizens who interact with the Mota-Engil Group in some way. 

This document describes the conditions in which the Mota-Engil Group processes personal data belonging to such citizens, henceforth referred to as (“Data Subjects”). The Mota-Engil Group respects the right to privacy of the Data Subjects and hereby declares that it complies with the applicable legal provisions and regulations regarding privacy and protection of personal data, adopting suitable measures to guarantee the privacy and confidentiality of the personal data transmitted by the Data Subjects. 

To fully understand how the data are processed, their purpose and the data subjects’ rights, we recommend reading this Privacy Policy on a regular basis. 

Who is responsible for processing your personal data? 

The Mota-Engil Group is the data controller in accordance with the GDPR and can be contacted through the email address [email protected] or by telephone +351 225 190 300 | 351 214 158 200 (national landline) or by visiting our premises at Rua do Rego Lameiro, no. 38, 4300-454, Porto or at Rua Mário Dionísio, no. 2, 2799-557, Linda-a-Velha. 

What personal data do we collect? 

The personal data that we collect depends on the context of the interactions with the Mota-Engil Group, within the scope of its business activity and in compliance with its legal responsibilities. 

The Mota-Engil Group collects and processes personal data that is supplied voluntarily by the data subject through various contacts established, both in person and through its website, by telephone, post or email. 

Any information that the data subject provides will only be used for the purpose described and in strict compliance with the data protection legislation. 

What are the purposes of collecting your personal data and what is the basis for processing them? 

The Mota-Engil Group guarantees that your personal data shall be processed solely within the scope for which they were collected, or for purposes compatible with the initial reason they were collected. We shall also process your personal data for all legally stipulated purposes. 

 Customer support services 

The Mota-Engil Group uses our customers’ Personal Data to provide support, and to reply to any questions/requests from customers. This usually requires the use of personal contact details and information about the customer’s question (e.g. information requests, orders for services, complaints about a product of service, general questions, suggestions, praise, etc.). In these situations, your data has to be processed to fulfil the contract signed between you and the Mota-Engil Group, or to carry out any pre-contractual processes regarding your request. If you do not provide your data, we cannot supply the services requested or contracted. Your data shall be kept for this purpose for the duration of the contract(s), plus an additional 10 years after it has terminated. The data of potential customers will be kept for two years. The personal data of customers may be processed by the Mota-Engil Group for the purpose of managing litigation. The legal basis is grounded on a legitimate interest by the Mota-Engil Group and the data will be kept for the period necessary for exercising the respective rights. 

Marketing Communications 

The Mota-Engil Group, with the customers’ consent (when necessary), shall use customers’ Personal Data to supply them with information about new goods, products or services (e.g. marketing communications or campaigns and promotions). This can be done by email, advertisements, SMS text messages, telephone calls, and postal correspondence, insofar as permitted by the applicable legislation. Some of the campaigns and promotions of the Mota-Engil Group are carried out on third party websites and/or social networks. This use of the customers’ Personal Data is voluntary, which means they may withdraw their consent whenever they want. The customer’s data shall be kept for this purpose until the data subject exercises his/her right to withdraw consent. 

Management of Complaints and Contacts Received 

In their relations with the Mota-Engil Group, customers can send us suggestions or complaints about the services provided by the Group. In these situations, their data will be collected to analyse and solve the situation behind the request/complaint, and will be processed based on the legitimate interests of the Mota-Engil Group. 

Events 

 In events organised by the Mota-Engil Group, personal data has to be processed for registration and participation in the event, and images may also be collected upon provision of the respective consent. In specific situations in which it is not possible to collect consent in advance, Mota-Engil Group may process the data based on its legitimate interests, although the right to withdraw consent or object to the processing is safeguarded. 
The customer’s data shall be kept for this purpose until the data subject exercises his/her right to withdraw consent or object to the processing. 

Management of Suppliers 

 Suppliers’ data has to be processed to fulfil the contract signed between the supplier and the Mota-Engil Group, or to carry out any pre-contractual processes. If the data is not provided, we cannot fulfil the contracted services. The data shall be kept for this purpose for the duration of the contract, plus an additional 10 years after it has terminated. The data of potential customers will be kept for two years. The suppliers’ personal data can be processed by the Mota-Engil Group for the purpose of managing litigation. The legal basis is grounded on a legitimate interest by the Mota-Engil Group and the data will be kept for the period necessary for exercising the respective rights. The data of the Mota-Engil Group suppliers, namely their employees, may be communicated to the customers of the Mota-Engil Group to fulfil legal or contractual commitments. 

Recruitment 

The Mota-Engil Group, upon opening a recruitment vacancy, or in response to a spontaneous application, shall process data for the purpose of selection and recruitment of applicants, when necessary for the pre-contractual formalities. The personal data collected shall be kept for up to a maximum of two years when the applicant has not taken any vacancy. Upon obtaining consent, we shall keep the data for a period of more than two years if the data subject would like to be considered for a future vacancy that fits his/her profile. 

Video Surveillance System 

The Mota-Engil Group has a video surveillance system on its premises to guarantee the safety of people and property. Based on the legitimate interests of the Mota-Engil Group, we shall collect images of all people who enter our premises, but without audio. These data can be communicated to the criminal police or judicial authorities upon request. The images collected are kept for a maximum deadline of 30 days from the moment they are captured (unless other legislation is applicable). 

Recording telephone calls 

When contacted by telephone, and within the scope of the Mota-Engil Group’s business activities, we may record the calls, after informing the caller that we will do so and obtaining his/her consent, for the management of the pre-contractual relationship, to improve our services and for quality control, based on the legitimate interests of the Mota-Engil Group.  

These recordings will be stored for the period indicated by the Portuguese Data Protection Authority (CNPD), which regulates this activity, in compliance with Deliberation no. 1039/2017. 

How long do we keep your personal data for? 

The personal data collected and processed shall be stored, in line with their purpose, for the applicable legal periods. 

When there is no legal deadline for keeping and storing the personal data, this data will be stored only for an appropriate period, as necessary, taking into account the purposes for which they were collected, unless at any time the data subject, within the legal deadlines, exercises his/her right to object to the processing or to erase the data, or removes their consent. 

Upon reaching the maximum storage deadline, the personal data will be anonymised through an irreversible process (the anonymised data can be stored) or destroyed safely. 

For the marketing and contact purposes, the personal data will be stored after collecting your consent and within this period, provided the consent is not withdrawn. 

What are the rights of the personal data subjects? 

Under the applicable legislation, the data subjects can exercise the following rights: 

  • Right of Access: the right to confirmation about whether the personal data shall be processed or not, and if so, access to the data must be provided. In this case, the Mota-Engil Group reserves the right to request payment of a reasonable fee to cover the administrative costs; 
  • Right to Rectification: the right to rectify incorrect personal data and request that incomplete personal data be completed; 
  • Right to Erasure: the right to erase the personal data, apart from cases in which there are grounds to store the data; 
  • Right to Restrict the Processing: the right to restrict the processing of the personal data for certain categories of data or processing purposes; 
  • Right of Portability: the right to receive the personal data concerning in a structured, commonly used and machine-readable format and the right to transmit the data to another controller; 
  • Right to Object: the right to object, at any time, to the processing of the personal data, such as in the processing of personal data for direct marketing; 
  • Right not to be Subject to Individual Automated Decisions, including Profiling: the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects that significantly affects the data subject in a similar way. 

To exercise their rights, the data subjects should contact us using the contacts shown in the “Controller’s Contact Information” section below. 

The data subjects also have the right to withdraw their consent whenever it has been provided, using the contacts mentioned above. Withdrawal of consent, however, does not invalidate the processing carried out until the date of withdrawal. 

The personal data subjects also have the right to lodge a complaint to the CNPD, or other supervisory authority, or to use any other judicial channel if they believe that their personal data are not being correctly processed by the Mota-Engil Group, under the terms of the current legislation and this policy. 

Controller’s Contact Information 

The Mota-Engil Group does not have to appoint a Data Protection Officer (DPO) according to current law, but in order to keep in contact with the data subjects, the following contacts are available to clarify all issues deemed pertinent related to the processing of personal data and how the data subjects can exercise their rights: [email protected] 

What security measures are adopted? 

The Mota-Engil Group is committed to putting suitable technical and organisational measures into practice to protect the personal data from destruction (whether accidental or illicit), accidental loss, alteration, dissemination or unauthorised access. An appropriate security level is applied for the processing risks, given the nature of the data to be protected. 

The Mota-Engil Group carries out its business using systems that aim to safeguard personal data, by creating procedures that prevent unauthorised access, accidental loss and/or destruction of the personal data, complying with the legislation in relation to the protection of personal data. 

Why do we share personal data? 

The Mota-Engil Group may share personal data with third entities, who will have access to them. These third entities include public authorities, partners and service providers, among others. Within the scope of its business activity, the Mota-Engil Group may use subcontractors, who will access and process the personal data in line with our instructions. 

We guarantee that these subcontractors provide proper technical and organisations means to make sure the data is processed in accordance with the GDPR and other applicable legislation, as well as to make sure the personal data subjects’ rights are safeguarded. 

Therefore, the Mota-Engil Group may also share personal data when necessary or appropriate in the light of the applicable legislation, to comply with the legal regulations, to respond to requests from public authorities if the vital interests of the personal data subject or a third party are at stake, to protect the rights and property of the Mota-Engil Group, or when we have been provided with prior consent. 

In what circumstances will we transfer your personal data to third countries? 

The Mota-Engil Group’s business activity implies the transfer of personal data to third countries – located outside the European Union or which do not belong to the European Economic Area – even if this only happens sporadically and always when establishing a relationship with other services used by the Mota-Engil Group. 

In these circumstances, all the necessary and appropriate measures will be adopted to protect the personal data. 

One of these situations occurs within the scope of the Mota-Engil Group’s presence in the social networks, whereby we have limited influence in the processing of the data carried out by these networks (e.g. management of members and management of the general information). In the situations in which we have no influence, we try to make sure, insofar as possible, that the operators of the social networks act in accordance with the privacy and data protection requirements demanded by the GDPR. However, in many cases we have no influence on this processing of data carried out by the operators and we have no clear knowledge of the data that are being processed on certain occasions. 

The operators of the social networks manage all the IT infrastructure of the service, applying their own privacy and data protection rules, as well as maintaining their own relationship with the users (insofar as these are registered users of the social network). Furthermore, the operators are fully responsible for all questions related to the data of the user profiles, which the Mota-Engil Group does not have access to. 

For more information on the processing of data carried out by the operators of the social networks, see the respective Privacy Policies: 

How do we use “Cookies”? 

For more information about cookies and how the Mota-Engil Group uses them on its website, see our Cookies Policy. 

Changes to the Privacy Policy 

All updates to the “Privacy Policy” will be communicated through a notification on the website’s homepage, https://www.mota-engil.com/, so the changes can be immediately understood. By continuing to use this website after a modification to the “Privacy Policy” has been implemented, communicated through these means, it is presumed that the user is aware of the alteration and accepts its terms.