Privacy Policy
Processing of personal data

Last update: 15.07.2020

AVITECH shall mean the company AVITECH Co. S.R.L., with its headquarters in Voluntari, bd. Pipera nr. 1B, Cladirea de Birouri Cubic Center, et. 7, judetul Ilfov, Romania, together with our successors, affiliates or associates and any other entity which the undersigned or our associates could establish in the future.

At the core of AVITECH commitment to provide exceptional services there is the compliance with your data privacy and compliance with the applicable laws on the protection of personal data. The herein Privacy Policy describes the rights and obligations of AVITECH regarding personal data and it is meant to help you understand the way in which we collect, use and protect your personal data.

AVITECH's commitment to you regarding confidentiality includes ensuring the accuracy, confidentiality and security of your personal data, allowing you to request access, correct or delete your personal data.

Your personal data shall be transferred to other service providers, as well, to complete the payment service for the parking, under the terms detailed below.

When you create an account with UPPARK application or when you use AVITECH services, you conclude an agreement with AVITECH and you consent to the herein Privacy Policy. Each time you use your account or AVITECH services or you provide information, the processing of your personal data shall be governed by the current version of the herein Privacy Policy.

If you do not agree to the terms of this Privacy Policy, please refrain from creating an account and from using AVITECH services.

In the herein Policy, "personal data" shall mean personal data as defined by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC

SPECIAL NOTICE REGARDING UNDERAGED

AVITECH services are not intended to be used by people under 16 years old. We do not knowingly collect personal data from people under the age of 16. Should you notice that a person who is not 16 years old yet provided us with personal data without proper consent, please contact us at the address dpo@avitech.ro and we shall take measures to remove such information and to close the account, as the case.

PERSONAL DATA CONTROLLER

Your personal data operator is AVITECH, company with its registered office in Romania.

AVITECH is subject to the laws of Romania on the protection of personal data, including Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“General Data Protection Regulation”).

The General Data Protection Regulation, which came into force on 25 May 2018, sets out the basic rules for the way in which controllers, such as AVITECH, can collect, use and disclose personal data. AVITECH undertakes to comply with the rules of the General Data Protection Regulation and with the internal legislation (“Data Protection Laws”).Legile privind protectia datelor).

PERSONAL DATA PROCESSED

AVITECH collects data to provide services and only processes the personal data needed to help you create a user Account or to provide you with the best possible Services.
You provide part of such data when creating an Account, using the UPPARK service or when contacting AVITECH for support.

The personal data we process are:

  • • the mobile telephone number;
  • • the vehicle registration number;
  • • the e-mail address/your Facebook account/Google account (depending on how you choose to create your account);
  • • invoicing data (such as bank cards and expiry dates);
  • • surname and first name;
  • • transaction data;
  • • your location;
  • • data required by customer support.

We collect certain data indirectly when you interact with the UPPARK services using technologies such as cookies, error messages, or usage data from AVITECH software that interact with your device and various software, including:

  • • the IP address and information on the device you use to access the services;
  • • Media Access Control (MAC address);
  • • the name and version of the operating system;
  • • the manufacturer of the device and the model;
  • • the language;
  • • the type and version of the Internet-type browser;
  • • the name and version of the application you use.

Please see the Cookie Policy for more information.

Moreover, we sometimes obtain data from third parties. For example, when you register a bank card in your app to use the UPPARK services, we shall use the services for authorising the card.

PURPOSE OF PERSONAL DATA PROCESSING

We process the data we request you to provide to be able to offer AVITECH services and to be able to communicate with you.

CONTRACTUAL RELATIONSHIP

When we process personal data so you can benefit from AVITECH services, we rely on the contractual relationship with you.

CONSENT

When we process personal data to communicate with you (including to inform you of AVITECH promotions, details of the events taking place in the town in which you benefit from the payment of parking services and security messages), we rely on your consent to process your personal data and we commit to obtain such consent in a legitimate manner.

You will be asked directly whether you wish to sign up for each of these communications and you may choose to receive some, all or none of these communications.

You will always have the right to withdraw your consent from any such processing, subject to certain exceptions (for example, your personal data is necessary to provide the service, and the withdrawal of your consent will prevent you from fulfilling a legal or contractual obligation.

Please note that your decision to withdraw consent for certain uses of personal data may limit AVITECH ability to provide a particular service.

THE PROCESSING OF YOUR PERSONAL DATA

AVITECH processes your personal data only when this is necessary to fulfil the purposes identified in the herein policy.

Some processing associated with the provision of AVITECH Co. S.R.L.’s services includes:

  • the creation of the account;
  • the operation of the service;
  • the sending of notifications on the end of the parking session;
  • facilitating, processing and keeping a record of the transactions in your account;
  • collecting or attempting to collect any unpaid amount due from you;
  • sending invoices for your transactions;
  • facilitating communication between you and AVITECH;
  • customer support;
  • investigating and solving any interruptions, faults or issues you may have with AVITECH app or services;
  • ensuring the security of the apps and services, preventing fraud and implementing AVITECH policies;
  • compliance with the applicable laws;
  • if the account is discontinued, we will have to retain some of the personal data, in accordance with the applicable law;
  • supplying the necessary reports to our financial AVITECH partners or to the services providers;

Only based on your consent:

  • We shall send updates, notices and additional information about AVITECH Services;
  • conducting surveys, contests, questionnaires, discount or reward programs, raffles or promotions;
  • We shall send marketing materials, advertising and other types of content and shall provide you information and notices about offers, discounts and other services relevant to you or which we believe may be of interest to you;
  • We shall send additional updates, notices and information regarding other AVITECH products and services or those of its affiliates or third parties;
  • We conduct surveys, contests, questionnaires, discounts, rewards or promotions on behalf of AVITECH partners or third parties.

SHARING OF YOUR PERSONAL DATA

We shall never use or disclose your personal data for other purposes, unless there is a legal basis to do so.

The personal data shall not be shared with third-party partners without your permission, unless otherwise stated in this document.

AVITECH is under the obligation to share some of your personal data to third parties in order to provide the following services:

  • the submission of information on the vehicle to parking operators and parking agencies, to confirm the parking sessions;
  • the sending of your data to the payment processor (NETOPIA S.R.L.);
  • sending information to third party suppliers of services who help us operate AVITECH services, including, without limitation: website hosting, data storage, data analysis, event logging, customer service, email delivery, messaging, collection, marketing, data analytics providers, specialists, lawyers, accountants and other providers of professional services, who shall be obliged, under an agreement, to keep confidentiality of your personal data;
  • submitting information to police, security forces, competent authorities or other third parties to whom we have a legal obligation to cooperate in investigations of fraud or other illegal activity or potential illegal activity or to conduct investigations into breaches of AVITECH Terms and Conditions;
  • sending information to auditors regarding the independent auditing of AVITECH financial statements and operations. However, such auditors may not use personally identifiable information for any other purpose;
  • sharing personal data with a potential buyer of AVITECH (or of majority of its shares) or in case of merger, reorganisation or internal purchase;
  • submitting information to our affiliates. Any personal data we send to our affiliates shall be treated by those affiliates in accordance with this policy and we are responsible for managing the jointly used personal data;
  • We may disclose aggregated statistical data for statistical or public relations purposes. For example, we may disclose that a certain percentage of UPPARK users pay via SMS. Such information is not related to personal information.

TRANSFER OF YOUR PERSONAL DATA

We may transfer your personal data to third-party providers to provide you with some of AVITECH services. Some of these suppliers may be based in countries outside the European Union. We shall take measures to ensure that any third-party service provider ensures adequate protection of your personal data by entering into agreements with them, which contain data protection clauses complying with the laws on the protection of personal data.

Your personal data may be accessible to the authorities and subject to disclosure in accordance with applicable laws.

SAFEKEEPING OF YOUR PERSONAL DATA

Although data transfer by Internet cannot be warranted as being 100% secure, we undertake to protect your personal data and has taken appropriate technical and organizational protection measures to protect your personal data against unauthorized access, collection, disclosure, copying, modification or removal, or against other similar risks.

AVITECH undertakes to comply with the following security measures to ensure that your personal data is properly protected:

  • all personal data is stored electronically in an encrypted database and protected by a firewall;
  • the UPPARK service is hosted in a secure environment using a firewall and other advanced technologies to prevent interferences or external access;
  • the access of staff to the database where personal data is stored shall be limited to those who need access. The servers where the UPPARK service is hosted are supervised and are provided with around-the-clock physical security.

RETENTION PERIOD FOR YOUR PERSONAL DATA

AVITECH shall keep your data in accordance with the laws on data protection.

If you create an account or if you use UPPARK services, we shall retain the personal data (including information relating to each parking session and for each of your transactions) only as long as it is reasonably necessary to fulfil the identified purposes for which the data was collected or as long as it is necessary for legal purposes.

If you create an account we shall keep your personal data as long as you have the respective account. If you choose to close your account, we shall mark your Account in AVITECH database as Inchis“closed”, but we shall keep a certain amount of information in AVITECH database for as long as it is necessary to comply with legal obligations, or until the prescription time of AVITECH budgetary obligations elapses, whichever is shorter.

YOUR RIGHTS REGARDING THE PROTECTION OF PERSONAL DATA

You have the right to request access to your personal data and to know how AVITECH uses your personal data.

We ensure and follow your rights under the legislation in force, namely.
•Right to information - you can request information and details regarding the personal data processing activities. We are available at the contact data mentioned below.

We assure you we shall comply with your right to receive clear, transparent, understandable and accessible information regarding the way in which we process your data, including details on the rights you have in this respect and which are also stipulated herein.

•Right to rectification – in case you notice that your personal data we process are incorrect, incomplete, inaccurate, you can correct it or you can complete it by a rectification request sent to the email address dpo@avitech.ro

Right to erasure("right to be forgotten")- you can have your data erased in case the processing was not legal or in other cases stipulated by law,

Erasure of data can occur in any of the following circumstances:
a) we no longer need your personal data for achieving any of the purposes for which they were previously processed;
b) you withdraw your consent based on which we previously processed your personal data and there is no legal grounds for future processing;
c) you object to data processing when we process data for direct marketing purposes (including profiling for direct marketing purposes);
d) you object to data processing based on legitimate interest of AVITECH and we cannot prove that we have legitimate reasons that justify processing and which prevails over your interests, rights and freedoms;
e) personal data are processed against the law;
f) personal data must be erased to comply with the legal obligations of AVITECH.

We may reject your request for data erasure if:
(a) we have to comply with some legal obligations to keep data;
(b) if we need such data to acknowledge, enforce or defend AVITECH rights before the court.

There are also other circumstances in which we are not under the obligation to comply with your request for data erasure, although these two are the most probable circumstances in which we could deny this request.

Please keep in mind that,before exercising such right, you should download from your account and you should save all documents related to all transactions performed through the undersigned.

In case you do not proceed as such before you exercise your right to erasure, you shall lose all such documents and the undersigned shall be in the incapacity to make them available to you, as the case, because the data erasing process, namely the erasure of UPPARK account, with all its data and documents, is an irreversible process.

Right to restriction of processing - you may request the restriction of processing in case:
a) you challenge the accuracy of data for a period of time which allows us to verify the correctness of data;
b) processing is illegal but you oppose to personal data erasure, requesting in return restriction;
c) in case AVITECH no longer needs the personal data for the purpose of processing, but you request such data to acknowledge, exercise or defend a right in court or before the arbitration authorities;
d) in case you opposed to processing, for the time frame in which it is verified whether legitimate AVITECH rights prevails over your rights.

•Right to object - you can object especially to data processing grounded on the legitimate interest of AVITECH.

•Right to data portability - you have the right to receive, under certain terms, the personal data you provided to us, in a machine-readable format or you may request that such data be transferred to another controller

•Right to file a complaint - you can file a complaint against personal data processing with the National Supervisory Authority for Personal Data Processing (ANSPDCP).
Contact details and information related to ANSPDCP can be found on the site http://www.dataprotection.ro/.

• Right to withdraw the consent - in case processing is grounded on your consent, you can withdraw it at any time.
The withdrawal of your consent shall produce effects only in the future, the processing carried out before the withdrawal is still valid.

•Right not to be subjected to additional automated decisions or profiling related to automated decisions: you may request and obtain human intervention regarding such processing or you may state your own point of view regarding this type of processing

APPLICABLE LAW

This Privacy Policy and any dispute of any kind that may arise between you and AVITECH Co. S.R.L. or its affiliates and any of their successors shall be governed by the laws of Romania and the General Data Protection Regulation. Litigations shall be brought for settlement before the competent courts at the headquarters of AVITECH Co. . S.R.L.

AMENDING THIS POLICY

AVITECH may amend, replace or review this Privacy Policy at any time by posting such changes on AVITECH website. Any amendments, updates, replacements, versions, or revisions shall take effect immediately after they are published on AVITECH website. If you do not agree with such amendments, you can stop using AVITECH services.

FURTHER QUESTIONS

If, at any time, you would like to contact us to share your views on AVITECH privacy policy or to ask any questions about your personal data, you can do so by email at dpo@avitech.ro or by phone at +4021.200.64.64 on working days – Monday to Friday, from 09:00a.m. to 6:00 p.m.

CONTACTS

Contact information for AVITECH Data Protection Officer:
dpo@avitech.ro or by phone at +4021.200.64.64 on working days - Monday - Friday, between 09:00 a.m. -6:00 p.m.

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