PRIVACY POLICY AQELA Technologies SRL is committed to protecting your privacy. This Privacy Policy explains how your personal information is collected, used, and disclosed. This Privacy Policy applies to our website, and its associated subdomains (collectively, our “Service”) alongside our AQELA Website. By accessing or using our Service, you signify that you have read, understood, and agree to our collection, storage, use, and disclosure of your personal information as described in this Privacy Policy and our Terms of Service. Our Privacy Policy was last updated on 30. 05. 2023. 1 CONTACT DETAILS Our full details are: Name of legal entity: AQELA Technologies SRL. e-mail adress: [email protected] Adress: Tusnad, Str. Principala, nr. 191 2 DEFINITIONS AND KEY TERMS For the purposes of this Privacy Policy: "Company" (referred to as either "the Company", “Vendor”, "We", "Us" or "Our" in this Agreement) refers to AQELA Technologies SRL. that is responsible for your information under this Privacy Policy. "Cookies" small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information. "Data Controller", for the purposes of the GDPR (General Data Protection Regulation), refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data. "Device" means any internet connected device such as a phone, tablet, computer or any other device that can be used to use the services. "Personal Data" is any information that relates to an identified or identifiable individual, such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity. “Personnel” refers to those individuals who are employed by the Company or are under contract to perform a service on behalf of one of the parties. "Service" refers to the service provided by the Company as described in the relative terms of service and on this platform. "Usage Data" refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit). Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data. When You access the Service by or through a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data. We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device. 3 TYPES OF DATA COLLECTED While using our Service, we may ask You to provide us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to: ● Usage Data The security of Your Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, we cannot guarantee its absolute security. 4 USE OF YOUR PERSONAL DATA The Company may use Personal Data for the following purposes: ● To provide and maintain our Service, including to monitor the usage of our Service. ● To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user. ● For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service. ● To contact You: To contact You by email, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation. ● To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information. ● To manage Your requests: To attend and manage Your requests to Us. ● For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred. ● For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience. We may share Your personal information in the following situations: ● With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, for payment processing, to contact You. ● For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company. ● With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us. ● For Law enforcement: Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency). ● For other legal requirements: The Company may disclose Your Personal Data in the good faith belief that such action is necessary to: comply with a legal obligation; protect and defend the rights or property of the Company; prevent or investigate possible wrongdoing in connection with the Service; protect against legal liability; etc. ● With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions. ● With Your consent: We may disclose Your personal information for any other purpose with Your consent. 5 RETENTION OF YOUR PERSONAL DATA The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies. The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods. 6 TRANSFER OF YOUR PERSONAL DATA Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction. Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer. The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information. 7 THIRD PARTY DATA PROCESSING The Service Providers we use may have access to Your Personal Data. These third-party vendors collect, store, use, process and transfer information about Your activity on Our Service in accordance with their Privacy Policies. We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email we send or by contacting Us. We may provide paid products and/or services within the Service. In that case, we may use third party services for payment processing (e.g. payment processors). We will not store or collect Your payment card details. That information is provided directly to Our third-party payment processors whose use of Your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information. 8 COOKIE POLICY We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include: ● Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies. ● Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity). Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. We use both Session and Persistent Cookies for the purposes set out below: ● Necessary / Essential Cookies (Session Cookies): These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services. ● Cookies Policy / Notice Acceptance Cookies (Persistent Cookies): These Cookies identify if users have accepted the use of cookies on the Website. ● Functionality Cookies (Persistent Cookies): These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website. ● Tracking and Performance Cookies (Persistent Cookies): These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new pages, features or new functionality of the Website to see how our users react to them. 9 GDPR PRIVACY POLICY We may process Personal Data under the following conditions, or under the conditions set out in Section 4 of this Policy: ● Consent: You have given Your consent for processing Personal Data for one or more specific purposes. ● Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof. ● Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject. ● Vital interests: Processing Personal Data is necessary in order to protect Your vital interests or of another natural person. ● Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company. ● Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company. In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract. The Company undertakes to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights. You have the right under this Privacy Policy, and by law if You are within the EU, to: ● Request access to Your Personal Data. The right to access, update or delete the information We have on You. Whenever made possible, you can access, update or request deletion of Your Personal Data directly within Your account settings section. If you are unable to perform these actions yourself, please contact Us to assist You. This also enables You to receive a copy of the Personal Data We hold about You. ● Request correction of the Personal Data that We hold about You. You have the right to have any incomplete or inaccurate information We hold about You corrected. ● Object to processing of Your Personal Data. This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your particular situation, which makes You want to object to our processing of Your Personal Data on this ground. You also have the right to object where We are processing Your Personal Data for direct marketing purposes. ● Request erasure of Your Personal Data. You have the right to ask Us to delete or remove Personal Data when there is no good reason for Us to continue processing it. ● Request the transfer of Your Personal Data. We will provide to You, or to a third-party You have chosen, Your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which You initially provided consent for Us to use or where We used the information to perform a contract with You. ● Withdraw Your consent. You have the right to withdraw Your consent on using your Personal Data. If You withdraw Your consent, we may not be able to provide You with access to certain specific functionalities of the Service. You may exercise Your rights of access, rectification, cancellation and opposition by contacting Us. Please note that we may ask You to verify Your identity before responding to such requests. If You make a request, we will try our best to respond to You as soon as possible. For more information, if You are in the European Economic Area (EEA), please contact Your local data protection authority in the EEA. 10 CCPA PRIVACY POLICY This privacy notice section for California residents applies solely to all visitors, users, and others who reside in the State of California. We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer or Device. The following is a list of categories of personal information which we may collect from California residents. We may use or disclose those categories of personal information for business or commercial purposes, as set out in Section 4 of this Policy. ● Identifiers (e.g. real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, driver's license number, passport number, or other similar identifiers) ● Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). (e.g. name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, etc.) ● Commercial information (e.g. records and history of products or services purchased or considered) ● Internet or other similar network activity (e.g. interaction with our Service or advertisement) Please note that the categories listed above are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact disclosed, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been disclosed. When We disclose personal information for a business purpose or a commercial purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. Under CCPA, personal information does not include: ● Publicly available information from government records ● Deidentified or aggregated consumer information ● Information excluded from the CCPA's scope, such as: Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994 We obtain the categories of personal information listed above from the following categories of sources: ● Directly from You. For example, from the forms You complete on our Service, preferences You express or provide through our Service, or from Your purchases on our Service. ● Indirectly from You. For example, from observing Your activity on our Service. ● Automatically from You. For example, through cookies We or our Service Providers set on Your Device as You navigate through our Service. ● From Service Providers. For example, third-party vendors to monitor and analyze the use of our Service, third-party vendors for payment processing, or other third-party vendors that We use to provide the Service to You. The CCPA provides California residents with specific rights regarding their personal information. If You are a resident of California, You have the following rights: ● The right to notice. You have the right to be notified which categories of Personal Data are being collected and the purposes for which the Personal Data is being used. ● The right to request. Under CCPA, You have the right to request that We disclose information to You about Our collection, use, sale, disclosure for business purposes and share of personal information. Once We receive and confirm Your request, We will disclose to You: • The categories of personal information We collected about You • The categories of sources for the personal information We collected about You • Our business or commercial purpose for collecting or sharing that personal information • The categories of third parties with whom We share that personal information • The specific pieces of personal information We collected about You • If we sold Your personal information or disclosed Your personal information for a business purpose, We will disclose to You: The categories of personal information categories shared The categories of personal information categories disclosed ● The right to say no to the disclosure of Personal Data (opt-out). You have the right to direct Us to not share Your personal information. To submit an opt-out request please contact Us. ● The right to delete Personal Data. You have the right to request the deletion of Your Personal Data, subject to certain exceptions. Once We receive and confirm Your request, We will delete (and direct Our Service Providers to delete) Your personal information from our records, unless an exception applies. ● The right not to be discriminated against. You have the right not to be discriminated against for exercising any of Your consumer's rights, including by: • Denying goods or services to You • Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties • Providing a different level or quality of goods or services to You • Suggesting that You will receive a different price or rate for goods or services or a different level or quality of goods or services In order to exercise any of Your rights under the CCPA, and if You are a California resident, You can contact Us. 11 MINORS’ PRIVACY We do not knowingly collect personal information from minors through our Service, although certain third-party websites that we link to may do so. These third-party websites have their own terms of use and privacy policies and we encourage parents and legal guardians to monitor their children's Internet usage and instruct their children to never provide information on other websites without their permission. We do not disclose or share the personal information of Consumers we actually know to be less than 16 years of age, unless we receive affirmative authorization (the "right to opt-in") from either the Consumer who is between 13 and 16 years of age, or the parent or guardian of a Consumer less than 13 years of age. Our Service does not address anyone under the age of 13. Consumers who opt-in to the sale of personal information may opt-out of future sales at any time. To exercise the right to opt-out, You (or Your authorized representative) may submit a request to Us by contacting Us. If You have reason to believe that a minor has provided Us with personal information, please contact Us with sufficient detail to enable Us to delete that information. 12 CHANGES TO THIS PRIVACY POLICY If We decide to collect additional categories of personal information or use the personal information We collected for materially different, unrelated, or incompatible purposes We will update this Privacy Policy. We will notify You of any changes by posting the new Privacy Policy on this page. We will let You know via e-mail and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page. 13 CONTACT US For any other information, clarifications, submission of any request, such as contacting the webmaster or request for reproduction rights of any part of the content of the website, as well as for requests for approval of reproduction of content you can contact us: ● via e-mail: [email protected]