Privacy policy
This Privacy Policy was published on 18 May 2022
This Privacy Policy describes the privacy practices for the Website ups.surf (hereinafter "Website", “Site”) operated by AVIWELL LIMITED (hereinafter referred to as “We,” “Us,” “Our”, “Company”) and how the Website, operated by Company, collects and uses the personal data you provide on the Website, with the purpose to use mediation services (hereinafter referred to as the “Services”). It also describes the choices available to you regarding our use of your personal information and how you can access, update and delete this information.
The use of the Website is possible without any indication of personal data; however, if a user wants to use Services via our Website, collecting and processing of personal data could become necessary. If the processing of personal data is necessary, we generally obtain consent from the user as a data subject, except cases when personal data processing is available under other grounds (legitimate interests, contract executing, etc.).
The processing of personal data, such as the name, address, e-mail address, telephone number or billing information of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to Company. By means of this Privacy Policy, we would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects (users) are informed, by means of this Privacy Policy, of the rights to which they are entitled.
This Privacy Notice is an integral part of the Terms of Use
As the controller, Company has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this Website.
In this Privacy Policy AVIWELL LIMITED (registered address: Archaias Lidras 7, 2200, Geri Nicosia, Cyprus, registration number HE 432943) as the Controller of personal data.
definitions
Personal data means any information relating to an identified or identifiable natural person (“data subject/user”). 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.
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is the Company.
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Data subject/user is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing; a user of the Services.
Encryption is a security protection measure for personal data; as a form of cryptography, it is a process whereby personal data gets turned into an encoded and unintelligible version, using encryption algorithms and an encryption key, and whereby a decryption key or code enables users to decode it again.
Consent of the data subject/user is any freely given, specific, informed and unambiguous indication of the data subject/user`s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
personal data collection and use
Anyone can access our Website without necessity to provide its personal data.
The purpose of processing your personal data by the Company and collection of information about you are as follows (the “Purpose”):
- Your intention to use Services;
- To provide the user with the ordered and purchased Services;
- For the performance of a contract to which the user is a party, in accordance with Article 6.1.b of the GDPR and the collected data are necessary in order for the Company to identify and bill the user and to charge its bank card number;
- For verifying your identity and providing customer care service and assistance;
- Analyze your use of our Website and Services to better understand how they are being used so we can improve our Services and the user experience, and engage and retain users.
We may use your Personal data to:
(a) improve your browsing experience by personalizing the Website and to improve the Services;
(b) send information to you by email regarding registration status, password verification, payment confirmation;
(c) send you communications relating to your use of the Services;
(d) provide our partners with statistical information about our users by secured channels under data processing agreements (DPA);
(e) send you marketing and promotional materials and messages.
As you are willing to use Services you are required to provide your personal data (to register an account and purchase the Services), thus becoming a user of Services.
scope and categories of personal data, lawful basis for personal data processing and data subject categories
We strive to be compliant with GDPR and implemented data minimization principles.
| No. | Scope and categories of personal data | Data subject categories | Processing purpose | Lawful basis for personal data processing |
|---|---|---|---|---|
| 1 | full name (first and last) | Services users; | to provide Services | performance of a contract |
| 2 | e-mail address | Services users; | to provide Service; to communicate information about our Services; to send marketing communications | performance of a contract consent |
| 3 | Automatically collected data (cookies and similar technologies, device and connection data) | website users | to provide the features of the Website | consent |
| 4 | IP address and other location data | Services users; website users | to provide the features of the Website; tax obligations determining | Legitimate interest |
The storage of this data takes place against the background that this is the only way to prevent the misuse of Services, and, if necessary, to make it possible to investigate committed offenses.
The personal data are not transferred to third parties, except events, when it’s necessary with an aim to provide Services and/or there is a lawful obligation to transfer these data under request of government authorities and/or the transferring is executed in respect of criminal proceedings.
The personal data is stored separately in our database to avoid data subject identification by using depersonalization features in compliance with GDPR storage limitation principle.
We do not authorize the use of your personal data by any third party (only under exceptional conditions as described under "Legal Matters" below). We operate and maintain a variety of online security measures to safeguard and keep your personal information private and secured.
You also have to fill the Billing Information and Payment Method, which should contain your Personal data, which is partly processed by us and processed by the payment providers.
Based upon the personal data you provide us at registration of an account, we may send you a welcoming e-mail to verify your login and password.
You may enter to your account on our Website under login and password sent to your email. All your activity in your account is password-protected, and you should keep and take all necessary measures to protect the secrecy of your password.
Payment information We implemented all necessary measures and standards in an area of payment security for Services. Our website is satisfied to PCI DSS and other requirements. We cooperate with different payment service providers and before our cooperation we check them according to our policies for the availability of licenses and other permits for the acquirer transactions. Within a payment execution you provide the following information to the payment service provider: (i) credit/debit card number; (ii) expiration date of credit/debit card; (iii) you full name; (iv) your e-mail. This information is collected and stored by the payment service provider.
Data that we collect automatically. We also collect and store information that is generated automatically as you navigate through our Website to enhance your experience on our Website by using tracking technologies such as Cookies, Log Files and Pixel tags. As you navigate our Website(s) information that we automatically collect is information in "log files" about your device’s connection to the Internet, length of time spent on the Website, and the pages accessed during each visit to the Website. We use this information to analyze trends, administer the Website, track user movement on the Website, and gather broad statistical information for aggregate use.
Our Website uses cookies. Cookies are text files that are stored in a computer system via an Internet browser. Cookies are small files that your web browser places on your hard drive for record-keeping purposes. By showing how and when visitors use the Website, Cookies help us track user trends and patterns. They also prevent you from having to re-enter your preferences on certain areas of the Website where you have entered preference information before. Cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited Internet sites and servers to differentiate the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID.
Through the use of cookies, we can provide users of this website with more user-friendly services that would not be possible without the cookie setting. By means of a cookie, the information and offers on our website can be optimized with the user in mind.
The data subject may, at any time, prevent the setting of cookies through our Website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of Cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of Cookies in the Internet browser used, not all functions of our website may be entirely usable.
If you do not wish to receive Cookies you may be able to refuse them by adjusting your browser settings to reject Cookies. If you do so, we may be unable to offer you some of our functionalities, services or support. If you have previously visited our Website, you may also have to delete any existing cookies from your browser.
Also, we may use Pixel tags (single-pixel image files also known as transparent GIFs, clear GIFs or web beacons) to access Cookies and to count users who visit the Website or open our HTML-formatted e-mail messages.
encrypted data
We have put in place security hardware, software and software update and network scanning procedures designed to safeguard and secure the information (including personal data) under our control and follow generally accepted industry standards. We work with third party service providers and vendors that use encryption and authentication to maintain the confidentiality of your personal data. If stored, we house personal information on systems behind firewalls that are only accessible to limited personnel, who are under DPA.
We store personal data of all our users in an encrypted way. We use asymmetric public-private key cryptosystem RSA with key size is 4096 bit (further RSA) and symmetric-key algorithm AES with key size is 256 bit (further AES).
Asymmetric public-private key cryptosystem RSA (key size is 4096 bit) use public encryption key and private decryption key. The public encryption key is storing in database (DB) in open way. The private decryption key is storing in DB encrypted using AES 256 using key which consist of the user’s password and secret key. It cannot be decrypted without user’s password and secret key.
User’s credentials are user’s login is stored in DB. User’s password is not stored. We store only hash of the password. We generate public-private key pair for cryptosystem RSA during user’s sign up. This public-private key pair is unique for each user. The key pair is stored in DB encrypted format using AES 256.
legal matters
We consider your use of Services to be private. However, we may disclose your personal information in order to:
(1) comply with the law or legal process served on us;
(2) enforce and investigate potential violations of this Privacy Policy, Terms of use; including use of this Service to participate in, or facilitate activities that violate the law;
(3) investigate potential fraudulent activities; or
(4) protect the rights, property, or safety of the Company, its employees, its customers or the public.
In case there might be a risk of unauthorized disclosure of personal data the controller communicates the personal data breach to the data subject without undue delay. However, as the controller has implemented appropriate technical and organizational protection measures, as encryption, and it was applied to the personal data affected by the personal data breach, the controller is not required to communicate the data subject.
However, the encryption is useless if the access password or other credentials are weakly protected and stored by data subject. In this case the controller is not responsible for personal data breach.
In the case of a personal data breach, we, as a controller, shall without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the personal data breach to the competent supervisory authority.
where data subject's personal data are stored
Usually, Personal data, which are provided by users are stored on the servers in Germany and Netherlands. Personal data, which are provided by users may be stored outside the EU. In some cases, these personal data and information may be stored in Canada. We adopted all necessary security measures for protection of your Personal Data according to the best practices of security, protection and confidentiality. If we transfer your Personal data to third party service providers, we will compel each third-party service provider to adopt necessary security measures for protection of your Personal Data according to our data protection agreement.
your rights as a data subject
| Access. You have right to request an explanation of the personal data we process about you. Also, you can request a copy of your personal data undergoing processing. | Rectification. You have right to request to rectify/correct any inaccurate data about you. |
| Data portability. You have a right to receive the personal data concerning you, which you provided to us. You can make a request to transmit this data directly to another data controller in a structured, commonly used and machine-readable format. We will transmit your data directly to another controller in cases where it is technically feasible. | Erasure. You have a right to be forgotten which means that we will delete all personal data that you have provided to us. Note, we may retain certain information as required by law and for legitimate business purposes permitted by law. |
| Restrict processing. You have right to request us to temporarily or permanently stop processing all or some of your personal data. | Object processing. You can, at any time, object to the processing of your personal data on grounds relating to your particular situation. You have the right to object your personal data being processed for direct marketing purposes. |
| Right to lodge complaints. You have the right to lodge complaints in relation to the data processing activities carried out by us to the competent data protection authorities. | Not to be subject to automated decision-making. You have a right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect. |
| Right of confirmation. Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. | Right to withdraw data protection consent. Each data subject shall have the right
granted
by the
European legislator to withdraw his or her consent to processing of his or her personal data
at
any
time.
If one of the aforementioned reasons applies, data subject may at any time contact us, as instructed at the end of this Privacy Policy. We shall promptly ensure that the request is complied with immediately. |
children's privacy
Provision of Services generally not aimed at children. This Website is not intended for use by children under the age of 16.
The Company is acting in compliance with COPPA. We do not knowingly collect information from children and minors. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children to never provide information on our Website without their permission.
Our Website and Service is not directed to, nor do we knowingly collect personal data from children under the age of 13. If we obtain actual knowledge that we have collected personal data from a child, we will comply with industry guidelines and applicable laws and will promptly delete it, unless we are legally obligated to retain such data.
data storage and data removal
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period and when we no longer need personal data, we routinely and securely delete or destroy it, as long as it is no longer necessary for the purposes. As the data controller, we shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of Services provision, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.
However, in case of conflict situations in progress we may store personal data for 180 days period or more if the processing is necessary for the establishment, exercise or defense of legal claims and for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject in case of an expired account or in case data subject requested to delete his personal data.
If you wish to remove your personal data, send an email to [email protected]. Your Account will be permanently removed within 30 days or earlier from our active systems, servers and back-ups. By deleting your Account all your personal data excluding the billing information for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject.
To opt out of further e-mail communications from us, just click on the opt out button in the e-mail, or contact us as instructed at the end of this Privacy Policy. We may need up to 30 (thirty) calendar days to assure compliance with your request.
To change your personal data that you have provided to us, please contact us as instructed at the end of this Privacy Policy.
miscellaneous
We may modify this Privacy Policy at any time and post any changes to the Privacy Policy on the Website, so please review it frequently. We indicate the date of the current version of this Privacy Policy below, so you know when it was last updated.
Changes to this Privacy Policy may not affect your personal data we have previously collected from you or after such changes.
If you object to the changes, please contact us as provided below.
This Privacy Policy is governed by and construed with the laws of Cyprus including Regulation 2016/679 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 (“GDPR”), effective as of 25 May 2018.
The Cyprus courts shall have exclusive jurisdiction to settle any claim or dispute which might arise out of or in connection with this Privacy Policy.
Those who access the website from locations outside of Cyprus and European Union are responsible for compliance with local laws if and to the extent that local laws are applicable.
If you have any questions or propositions, please, get in touch with us by the e-mail: [email protected]