User Privacy Policy

This User Privacy Policy sets out our commitment to protecting the privacy of Personal Information provided to us or otherwise collected by us, offline or online including through this website (the “Services”) for logged in and identified users.

In this User Privacy Policy “you” means any party that provides Personal Information to us and “we” or “us” means Unterburgau SRL (CUI RO37420950).

If you visit our website, our Website Visitor Privacy Policy will also apply to you.

Please read this User Privacy Policy carefully. By providing Personal Information to us, you consent to our collection, holding, use and disclosure of your Personal Information in accordance with this User Privacy Policy. Please contact us if you have questions, our contact details are at the end of this User Privacy Policy. If you do not wish to provide Personal Information to us, then you do not have to do so.

How this Privacy Policy works

As a Romanian business, this User Privacy Policy takes into account the requirements of the Romanian privacy laws. In addition to the Romanian laws, individuals located in the European Union (“EU”) may also have rights under the General Data Protection Regulation 2016/679 (“GDPR”). Appendix 1 outlines the details of the additional rights of individuals located in the EU as well as information on how we process the personal information of individuals located in the EU.

Definitions

Throughout this User Privacy Policy:

User means any person who has registered an account on our Services, either through creating a new workspace themselves or being invited to an existing workspace by a Customer.

Personal Information is “Information or an opinion about an identified individual, or an individual who is reasonably identifiable: whether the information or opinion is true or not; and whether the information or opinion is recorded in a material form or not.”

Customer Data means any content added by a User to the Services.

What information you provide to us

As a User of the Services, you provide information to us. This includes:

• profile information like your name, email address, and profile photo;
• content you provide through the Services, for instance notes, tags, files;
• when you subscribe to our paid services, your billing details including your address;
• details of services we have provided to you or that you have enquired about;
• your responses to questionnaires, surveys, or requests for feedback; and
• additional Personal Information that you provide to us directly or indirectly through your use of our Services, associated social media platforms or accounts from which you permit us to collect information.

What information we log about you

We log information about your access and use of our Services. This includes:

• your communications with our Services;
• your behavior through analytics events;
• your Internet Protocol (IP) address;
• your approximate geographic location;
• the storage of Internet cookies;
• the type of browser you are using;
• the type of device you are using; and
• the type of operating system you are using.

How we use information we collect

We collect and use your information:

• to enable you to access and use our Services;
• to enable you to create Projects via the Services;
• to enable you to add Customer Data to Projects via the Services;
• to process your payments where you have signed up to a paid service;
• to contact and communicate with you;
• to improve our Services through research and development;
• to prevent and address technical problems;
• to provide you with support services if requested;
• for internal record keeping; and
• for advertising and marketing, including to send you information about our products and services.

How we share information we collect

We share information we collect about you in the ways discussed below, including in connection with possible business transfers, but we are not in the business of selling information about you to advertisers or other third parties.

Where we disclose your Personal Information to third parties for the purposes listed below, we will confirm that the third party’s privacy policies and procedures are in accordance with the Privacy laws.

Sharing with third parties

As part of providing our Services, we use third party services to store and process your Personal Information. This includes third parties that store data outside of Romania.

We share your data with third party services in the following ways:

• Amazon Web Services for hosting, logging, storage, and email.
• Google Cloud for sentiment analysis on certain content.
• Heroku for hosting, logging, and storage.

For more information on our use of third parties, including the geographic location of each subprocessor, see our list of Data Subprocessors.

Other third party disclosure

In addition, we may disclose Personal Information to:

• credit reporting agencies and courts, tribunals and regulatory authorities where you fail to pay for goods or services provided to you;
• courts, tribunals, regulatory authorities and law enforcement officers as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights; and
• third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you. This may include parties located, or that store data, outside of Romania.

If there is a change of control of our business or a sale or transfer of business assets, we reserve the right to transfer our user databases, together with any Personal Information and non-Personal Information contained in those databases, to the extent permissible by law. This information may be disclosed to a potential purchaser. We would seek to only disclose information in good faith.

Your rights

Choice and consent: If you choose to provide us with your Personal Information, you acknowledge we will disclose or collect your Personal Information for these purposes and we will handle it in accordance with this User Privacy Policy.

Your provision of third party information: If you provide us with third party Personal Information then you warrant to us that you have the third party’s consent.

Restrict: If you have previously agreed to us collecting and using your Personal Information, you may change your mind at any time by contacting us at the email address listed in this User Privacy Policy. This may mean no longer using the Services.

Access: You may request details of Personal Information that we hold about you. We may refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy laws.

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please edit your Personal Information or contact us. We rely in part upon customers advising us when their Personal Information changes. We will respond to any request within a reasonable time. We will endeavor to promptly correct any information found to be inaccurate, incomplete or out of date.

Complaints: If you wish to make a complaint, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take in response to your complaint. You also have the right to contact the relevant authority in the country in which you are based.

Data storage, transfer, and security

bankIO hosts data with hosting service providers in numerous countries including the United States, Germany, UK and Romania. We are committed to ensuring that the information you provide is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information and protect it from misuse, interference, loss and unauthorized access, modification and disclosure.

No information transmitted over the Internet can be guaranteed to be secure. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorized disclosures of information, we cannot assure you that Personal Information that we collect will not be disclosed in a manner that is inconsistent with this User Privacy Policy.

Where data is transferred over the Internet, the data is encrypted using industry standard SSL (HTTPS), with HTTP Strict Transport Security (HSTS) enabled.

Links to other websites

Our Services may contain links to other websites of interest. We do not have any control over those websites. We are not responsible for or liable for the protection and privacy of any information which you provide whilst visiting such websites, and such websites are not governed by this User Privacy Policy.

Amendments

We may, at any time and at our discretion, vary this User Privacy Policy. We will notify you if we amend this User Privacy Policy, by contacting you through the contact details you have provided to us. Any amended User Privacy Policy is effective once we notify you of the change.

Appendix 1: Additional rights for individuals located in the European Union

Under the GDPR individuals located in the EU have extra rights. Personal Information under the GDPR is referred to as ‘personal data’ and is defined as: “means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person” (Personal Data).

This Appendix sets out the additional rights we give to individuals located in the EU, including how we process Personal Data lawfully, transparently and fairly.

Legal bases for processing (for EEA users)

If you are an individual in the European Economic Area (EEA), we collect and process information about you only where we have legal bases for doing so under applicable EU laws. The legal bases depend on the Services you use and how you use them. This means we collect and use your information only where:

• we need it to provide you the Services, including to operate the Services, provide customer support and personalized features and to protect the safety and security of the Services;
• it satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development, to market and promote the Services and to protect our legal rights and interests;
• you give us consent to do so for a specific purpose; or
• we need to process your data to comply with a legal obligation.

If you have consented to our use of information about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place.

Where we are using your information because we or a third party (e.g. your employer) have a legitimate interest to do so, you have the right to object to that use though, in some cases, this may mean no longer using the Services.

Data Retention

We will only retain your Personal Data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for Personal Data, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data, whether we can achieve those purposes through other means and the applicable legal requirements.

In some circumstances you can ask us to delete your data: see ‘access, erasure and data portability’ below for further information.

In some circumstances we may anonymize your Personal Data (so that it can no longer be associated with you) for analytics, research or statistical purposes in which case we may use this anonymized information indefinitely without further notice to you.

Data Transfers

The countries to which we send data for the purposes listed above may not have the same data protection laws as the country in which you initially provided the information. If we transfer your Personal Data to third parties in other countries: (i) we will perform those transfers in accordance with the requirements of applicable law; and (ii) we will protect the transferred Personal Data in accordance with the Privacy Policy, as supplemented by this Appendix.

Special rights for EU individuals

Objecting to processing: You have the right to object to processing of your Personal Data that is based on our legitimate interests or public interest. If this is done, we must provide compelling legitimate grounds for the processing which overrides your interests, rights and freedoms, in order to proceed with the processing of your Personal Data.

Restricting processing: You have the right to request that we restrict the processing of your Personal Data if (i) you are concerned about the accuracy of your Personal Data; (ii) you believe your Personal Data has been unlawfully processed; (iii) you need us to maintain the Personal Data solely for the purpose of a legal claim; or (iv) we are in the process of considering your objection in relation to processing on the basis of legitimate interests.

Access, erasure and data portability: You may have the right to request details of the Personal Data we hold about you, or to request that we erase the Personal Data we hold about you, or that we transfer this information to a third party.

Rectification: If you believe that any Personal Data we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to promptly correct any information found to be inaccurate, incomplete, misleading or out of date.

For questions and notices, please email [email protected].