Privacy Policy of www.uptimia.com

Latest update: August 13, 2024

This website collects some personal data from its users.

This document can be printed for reference by using the print command in the settings of any browser.

Owner and Data Controller

JJ Online GmbH, Schönhauser Allee 163 10435 Berlin, Germany

Owner's email address: admin@uptimia.com

Types of Data collected

Among the types of personal data that this website collects, by itself or through third parties, are: Language; Usage Data; Device information; Tracker.

Complete details on each type of personal data collected are provided in the dedicated sections of this privacy policy or by specific explanation texts displayed prior to the Data collection. Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using this website. Unless specified otherwise, all Data requested by this website is mandatory and failure to provide this Data may make it impossible for this website to provide its services. In cases where this website specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the functioning of the Service. Users who are uncertain about which Personal Data is mandatory are welcome to contact the Owner. Any use of Cookies – or of other tracking tools – by this website or by the owners of third-party services used by this website serves the purpose of providing the Service required by the User, in addition to any other purposes described in the present document and in the Cookie Policy.

Users are responsible for any third-party Personal Data obtained, published or shared through this website.

Mode and place of processing the Data

Methods of processing

The Owner takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data. The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Owner, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of this website (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Owner at any time.

Location

The data is processed at the owner's business premises and at all other locations where the parties involved in the data processing are located.

Depending on the user's location, data transfers may involve transferring the user's data to a country other than their own. To learn more about the place of processing of the transmitted data, users can consult the section with detailed information on the processing of personal data.

Storage Duration

Unless otherwise specified in this document, personal data will be processed and stored for as long as required by the purpose for which it was collected, and may be retained for longer due to applicable legal obligations or based on the user's consent.

Additional Information for Users

Legal Basis for Processing

The Owner may process Personal Data relating to Users if one of the following applies:

  • Users have given their consent for one or more specific purposes.
  • Provision of Data is necessary for the performance of an agreement with the User and/or for any pre-contractual obligations thereof;
  • Processing is necessary for compliance with a legal obligation to which the Owner is subject;
  • Processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Owner;
  • Processing is necessary for the purposes of the legitimate interests pursued by the Owner or by a third party.

In any case, the Owner 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.

Additional Information about Data Retention

Unless specified otherwise in this document, Personal Data shall be processed and stored for as long as required by the purpose they have been collected for and may be retained for longer due to applicable legal obligations or based on the Users' consent.

Therefore:

  • Personal Data collected for purposes related to the performance of a contract between the Owner and the User shall be retained until such contract has been fully performed.
  • Personal Data collected for the purposes of the Owner's legitimate interests shall be retained as long as needed to fulfill such purposes. Users may find specific information regarding the legitimate interests pursued by the Owner within the relevant sections of this document or by contacting the Owner.
  • The Owner may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, the Owner may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.

Once the retention period expires, Personal Data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.

The Rights of Users based on the General Data Protection Regulation (GDPR)

Users may exercise certain rights regarding their Data processed by the Owner.

In particular, Users have the right to do the following, to the extent permitted by law:

  • Withdraw their consent at any time. Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data.
  • Object to processing of their Data. Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent.
  • Access their Data. Users have the right to learn if Data is being processed by the Owner, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing.
  • Verify and seek rectification. Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected.
  • Restrict the processing of their Data. Users have the right to restrict the processing of their Data. In this case, the Owner will not process their Data for any purpose other than storing it.
  • Have their Personal Data deleted or otherwise removed. Users have the right to obtain the erasure of their Data from the Owner.
  • Receive their Data and have it transferred to another controller. Users have the right to receive their Data in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance.
  • Lodge a complaint. Users have the right to bring a claim before their competent data protection authority.

Users also have the right to obtain information about the legal basis for the transfer of data abroad, including to international organizations governed by international law or established by two or more countries, such as the UN, and about the security measures taken by the owner to protect their data.

Details on the right to object to processing

Where personal data is processed in the public interest, in the exercise of official authority vested in the owner, or for the purposes of the legitimate interests pursued by the owner, users may object to such processing by providing a ground related to their particular situation to justify the objection.

Users must know that, however, should their personal data be processed for direct marketing purposes, they can object to that processing at any time without providing any justification and free of charge. To learn whether the owner is processing personal data for direct marketing purposes, users may refer to the relevant sections of this document.

How to exercise these rights

Any requests to exercise user rights can be directed to the owner through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by the owner as early as possible and always within one month, providing users with the legally required information. Any correction or deletion of personal data or restriction of processing will be communicated by the owner to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. At the request of users, the owner will inform them about those recipients.

Additional information for users in Switzerland

This section applies to users in Switzerland and, for such users, it supersedes any other possibly divergent or conflicting information contained in the privacy policy.

Further details on the categories of data processed, the purposes of processing, the categories of recipients of personal data, if any, the retention period, and additional information about personal data can be found in the section "Detailed information on the processing of Personal Data" of this document.

Users' rights under the Swiss Federal Act on Data Protection

Users can exercise certain rights regarding their data within the limits of the law, including the following:

  • Right to access personal data;
  • Right to object to the processing of their personal data (which also allows users to request restriction of the processing of personal data, erasure or destruction of personal data, or the prohibition of certain disclosures of personal data to third parties);
  • Right to receive their personal data and have it transferred to another controller (data portability);
  • Right to rectify inaccurate personal data.

How to exercise these rights

Any requests to exercise user rights can be directed to the owner through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by the owner as early as possible, providing users with the legally required information.

Additional information for users in Brazil

This section of the document integrates and supplements the information contained in the rest of the privacy policy and is provided by the entity running this Website and, if the case may be, its parent, subsidiaries and affiliates (for the purposes of this section referred to collectively as "we", "us", "our").

This section applies to all users in Brazil (users are referred to below simply as "you", "your"), according to the "Lei Geral de Proteção de Dados" (the "LGPD"), and, for such users, it supersedes any other possibly divergent or conflicting information contained in the privacy policy.

This part of the document uses the term "personal information" as it is defined in the LGPD.

The bases on which we process your personal information

We can only process your personal information if we have a legal basis for such processing. Legal bases are as follows:

  • Your consent to the relevant processing activities;
  • Compliance with a legal or regulatory obligation that we are subject to;
  • The implementation of public policies provided for in laws or regulations or based on contracts, agreements, and similar legal instruments;
  • Studies conducted by research entities, preferably with anonymized personal information;
  • The execution of a contract and its preparatory procedures, in cases where you are a party to the contract;
  • The exercise of our rights in judicial, administrative, or arbitration proceedings;
  • Protection or physical safety of you or a third party;
  • The protection of health - in procedures carried out by health entities or professionals;
  • Our legitimate interests, provided that your fundamental rights and freedoms do not prevail;
  • Credit protection.

To learn more about the legal bases, you can contact us at any time using the contact details provided in this document.

Categories of personal information processed

To find out which categories of your personal information are processed, you can read the section "Detailed information on the processing of personal data" in this document.

Why we process your personal information

To find out why we process your personal information, you can read the sections "Detailed information on the processing of personal data" and "The purposes of processing" in this document.

Your Brazilian data protection rights, how to submit a request, and our response to your requests

Your Brazilian data protection rights

You have the right to:

  • Obtain confirmation of the existence of processing activities of your personal information;
  • Access your personal information;
  • Have incomplete, inaccurate, or outdated personal information corrected;
  • Obtain the anonymization, blocking, or deletion of your unnecessary or excessive personal information or information that is not processed in compliance with the LGPD;
  • Receive information about the possibility of providing or denying your consent and the consequences thereof;
  • Obtain information about the third parties with whom we share your personal information;
  • Upon your express request, obtain the portability of your personal information (except anonymized information) to another service or product provider, provided that our commercial and industrial secrets are protected;
  • Obtain the deletion of your processed personal information if the processing was based on your consent, unless one or more of the exceptions provided for in Art. 16 of the LGPD apply;
  • Revoke your consent at any time;
  • Lodge a complaint related to your personal information with the ANPD (the National Data Protection Authority) or with consumer protection bodies;
  • Oppose a processing activity in cases where the processing is not carried out in accordance with the provisions of the law;
  • Request clear and adequate information about the criteria and procedures used for an automated decision;
  • Request the review of decisions made solely on the basis of automated processing of your personal information, which affect your interests. This includes decisions to define your personal, professional, consumer, and credit profile or aspects of your personality.

You will never be discriminated against or otherwise disadvantaged if you exercise your rights.

How you can make your request

You can make your explicit request to exercise your rights at any time free of charge using the contact details provided in this document or through your legal representative.

How and when we will respond to your request

We will endeavor to respond promptly to your requests.

If it is impossible for us to do so in any case, we will ensure that we inform you of the actual or legal reasons that prevent us from fulfilling your requests immediately or at all. In cases where we do not process your personal information, we will provide you with the natural or legal person to whom you should direct your requests, if we are able to do so.

In the event that you make an access or processing confirmation request for personal information, please indicate whether you would like to receive your personal information in electronic or printed form.

You must also tell us if you want us to answer your request immediately, in which case we will respond in simplified form, or if you need a full disclosure instead.

In the latter case, we will respond within 15 days from the time of your request and provide you with all information about the origin of your personal information, confirmation of whether records exist or not, all criteria used for processing, and the purposes of processing, while protecting our business and industrial secrets.

In the event that you make a request for correction, deletion, anonymization, or blocking of personal information, we will ensure that we immediately pass your request on to other parties with whom we have shared your personal information so that these third parties can also comply with your request - except in cases where such communication proves impossible or would involve disproportionate effort for us.

Legally permissible transfer of personal information outside of Brazil

We may transfer your personal information outside of Brazilian territory in the following cases:

  • when the transfer is necessary for international legal cooperation between public intelligence, investigation, and law enforcement agencies, in accordance with the legal means provided for by international law;
  • when the transfer is necessary to protect your life or physical safety or that of a third party;
  • when the transfer has been authorized by the ANPD;
  • when the transfer results from a commitment made in an international cooperation agreement;
  • when the transfer is necessary for the implementation of a public policy or legal competence of public service;
  • when the transfer is necessary for compliance with a legal or regulatory obligation, for the execution of a contract or pre-contractual measures, or for the regular exercise of rights in judicial, administrative, or arbitration proceedings.

Additional information about data collection and processing

Legal measures

The user's personal data may be used by the owner for legal purposes in court or in the stages leading to possible legal action arising from improper use of this website or the associated services. The user declares to be aware that the owner may be required to disclose personal data upon request by the authorities.

Additional information about the user's personal data

In addition to the information contained in this privacy policy, this website may provide the user with additional context-specific information about certain services or the collection and processing of personal data upon request.

System logs and maintenance

For operation and maintenance purposes, this website and any third-party services may collect files that record interaction with this website (system logs) or use other personal data (e.g., IP address) for this purpose.

Information not contained in this policy

More details concerning the collection or processing of personal data may be requested from the owner at any time. Please see the contact information at the beginning of this document.

Changes to this privacy policy

The owner reserves the right to make changes to this privacy policy at any time by notifying its users on this page and possibly within this website and/or - as far as technically and legally feasible - by sending a notice to users via any contact information available to the owner. It is strongly recommended to check this page often, referring to the date of the last modification listed at the end. Should the changes affect processing activities that are based on the user's consent, the owner shall collect new consent from the user, where required.

Definitions and legal references

Personal Data (or Data) / Personal Information (or Information)

Any information that directly, indirectly, or in connection with other information - including a personal identification number - allows for the identification or identifiability of a natural person.

Sensitive personal information

Sensitive personal information is any personal information that is not publicly accessible and reveals information considered sensitive under applicable data protection law.

Usage Data

Information automatically collected through this website (or third-party services employed on this website), which may include: the IP addresses or domain names of the computers utilized by the users of this website, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server's answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the user, the various time details per visit (e.g., the time spent on each page within the application) and the details about the path followed within the application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the user's IT environment.

User

The individual using this website who, unless otherwise specified, coincides with the Data Subject.

Data Subject

The natural person to whom the Personal Data refers.

Data Processor (or Data Supervisor)

The natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Controller, as described in this privacy policy.

Data Controller (or Owner)

The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data, including the security measures concerning the operation and use of this website. The Data Controller, unless otherwise specified, is the Owner of this website.

This Website (or this Application)

The means by which the Personal Data of the User is collected and processed.

Service

The service provided by this website as described in the relative terms (if available) and on this website/application.

Sale

Sale means any exchange of Personal Information by the Owner to a third party for monetary or other valuable consideration, as defined by the applicable US privacy law. Please note that the exchange of Personal Information with a service provider pursuant to a written contract that meets the requirements of the applicable law does not constitute a sale of your Personal Information.

Share

Share means any sharing, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer's Personal Information by the business to a third party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration, including transactions between a business and a third party for cross-context behavioral advertising for the benefit of a business in which no money is exchanged, as defined by California privacy laws. Please note that the exchange of Personal Information with a service provider pursuant to a written contract that meets the requirements of California privacy laws does not constitute sharing of your Personal Information.

Targeted Advertising

Targeted Advertising means displaying advertisements to a consumer where the advertisement is selected based on Personal Information obtained from that consumer's activities over time and across nonaffiliated websites or online applications to predict such consumer's preferences or interests, as defined by the applicable US privacy law.

European Union (or EU)

Unless otherwise specified, all references made within this document to the European Union include all current member states to the European Union and the European Economic Area.

Cookie

Cookies are Trackers consisting of small sets of data stored in the User's browser.

Tracker

Tracker indicates any technology - e.g., Cookies, unique identifiers, web beacons, embedded scripts, e-tags and fingerprinting - that enables the tracking of Users, for example by accessing or storing information on the User's device.

Legal Information

This privacy statement has been prepared based on provisions of various legislations. This privacy policy relates solely to this website, if not stated otherwise within this document.