Privacy & Trust

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or plural.

Definitions

For the purposes of this Privacy Policy:

• “Account” means a unique account created for You to access our Service or parts of our Service.

• “Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Privacy Policy) refers to RespectUs s.e.c.s., a company incorporated and existing under the laws of the Grand Duchy of Luxembourg, with its head office in 24 rue Léon Laval, L-3372 Leudelange (Grand Duchy of Luxembourg).
  For the purpose of the GDPR, the Company is the Data Controller.

• “Country” refers to Luxembourg.

• “Cookies” are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.

• “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.

• “Data Protection Officer” (referred to as “DPO” in this Agreement) refers to Cross Borders s.e.c.s., a company incorporated and existing under the laws of the Grand Duchy of Luxembourg, with its head office in 24 rue Léon Laval, L-3372 Leudelange (Grand Duchy of Luxembourg).

• “Device” means any device that can access the Service such as a computer, a cell phone or a digital tablet.

• “Personal Data” is any information that relates to an identified or identifiable individual.
  For the purposes of GDPR, Personal Data means any information relating to You, such as a name, an identification number, location data, online identifier, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.

• “Service” refers to the Website.

• “Service Provider” means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used. For the purpose of the GDPR, Service Providers are considered Data Processors.

• “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).

• “Website” refers to RespectUs, accessible from http://www.respectus.space and http://www.respectus.eu.

• “You” means the individual accessing or using the Service, the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
  Under GDPR (General Data Protection Regulation), You can be referred to as the Data Subject or as the User, as you are the individual using the Service.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

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:

• Email address

• First name and last name

• Phone number

• Address, State, Province, ZIP/Postal code, City

• Usage Data

Usage Data

Usage Data is collected automatically when using the Service.

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.

Tracking Technologies and Cookies

We may 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
  Type: Session Cookies
  Administered by: Us
  Purpose: 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
  Type: Persistent Cookies
  Administered by: Us
  Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

• Functionality Cookies
  Type: Persistent Cookies
  Administered by: Us
  Purpose: 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
  Type: Persistent Cookies
  Administered by: Third-Parties
  Purpose: 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 functionality of the Website to see how our users react to them.

For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.

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, telephone calls, SMS, 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 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.

• With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.

• With Your consent: We may disclose Your personal information for any other purpose with Your consent.

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.

Transfer of Your Personal Data

In order to achieve the purposes of Personal Data processing, Your Personal Data may be communicated to Service Providers acting as subcontractors and acting on the instructions of the Company. The relationship with such subcontractors is governed by a contract providing for the implementation of appropriate technical and organisational measures in accordance with Articles 28 and 32 of the GDPR.

As a general rule, no data is transferred outside the Grand Duchy of Luxembourg, nor outside the EU/EEA. However, when your data is transferred (including in case of remote access) to a country outside the EU which is not subject to an adequacy decision, appropriate safeguards in accordance with Chapter V of the GDPR are put in place such as the standard contractual clauses adopted by the European Commission.

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.

Disclosure of Your Personal Data

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).

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 the personal safety of Users of the Service or the public

• Protect against legal liability

Security of Your Personal Data

The security of Your Personal 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.

We use appropriate technologies and procedures to protect personal data.

These include measures to:

• protect Personal Data against accidental loss;

• prevent unauthorised access, use, destruction or disclosure;

• ensure business continuity and disaster recovery;

• limit access to personal information;

• conducting privacy impact assessments in accordance with the law and our business policies;

• train staff and contractors on data security;

• manage third party risks through the use of contracts and security reviews.

Detailed Information on the Processing of Your Personal Data

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.

Analytics

We may use third-party Service providers to monitor and analyze the use of our Service.

• WordPress https://wordpress.com/ 

• Google Analytics https://analytics.google.com/analytics/web/provision/#/provision

Email Marketing

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.

• Mailchimp http://www.mailchimp.com

Payments

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.

• Stripe http://www.stripe.com

Legal Basis for Processing Personal Data under GDPR

We may process Personal Data under the following conditions:

• 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.

Your Rights under the GDPR

The Company undertakes to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights.

Right of access and right to rectification

As a data subject, You have the right to access your personal data processed by Us and to have them rectified.

Right to erasure

You have the right to have your data erased (right to be forgotten) when :

• Your data is no longer necessary for the purposes for which it was collected or otherwise processed;

• You withdraw your consent on which the processing is based and there is no other legal basis for the processing;

• You object to the processing and there is no compelling legitimate reason for the processing;

• the data have been processed unlawfully;

• the data must be erased in order to comply with a legal obligation under European Union law or Luxembourg law;

• the data have been collected in the context of the offer of services by Us by virtue of the information referred to in Article 8, paragraph 1, of the GDPR.

However, We shall not delete Your data insofar as the processing is necessary for:

• to exercise the right to freedom of expression and information ;

• to comply with a legal obligation that requires processing under European Union law or Luxembourg law, or to perform a task carried out in the public interest or in the exercise of official authority vested in RespectUs;

• or for the establishment, exercise or defence of legal claims.

Right to restriction

You have the right to limit the processing of Your data when :

• You have contested the accuracy of Your data, and this for a period allowing Us to verify the accuracy of Your data;

• the processing is unlawful and you have objected to the deletion of Your data and have demanded instead the restriction of their use;

• ·We no longer need Your data for the purposes of the processing, but they are still necessary for the establishment, exercise or defence of legal claims;

• ·ou have objected to the processing, during the verification as to whether the legitimate grounds pursued by Us prevail over your grounds.

Where processing has been restricted, your data may, with the exception of storage, only be processed :

• with your consent; or

• for the establishment, exercise or defence of legal claims; or

• for the protection of the rights of another natural or legal person;

• or for important reasons of public interest of the Union or of a Member State.

Right to portability

You have the right to the portability of your personal data where the processing:

• is based on consent ;

• or is based on a contract; and

• is carried out using automated processes.

Where You are guaranteed the right to portability of Your data, You have the:

• the right to receive the data You have provided to the Company in a structured, commonly used and machine-readable format;

• the right to transmit this data to another data controller without the Company being able to prevent this;

• the right to have your data transmitted directly from the Company to another data controller, where this is technically possible.

Right to object

You have the right to object to the processing of your data where it is based on Article 6(1)(e) or (f) of the GDPR, including profiling based on these provisions, and on grounds relating to Your particular situation.

Exceptions apply in case of :

• the existence of compelling legitimate grounds for the processing which override the interests and rights and freedoms of the data subject; or

• there are compelling legitimate grounds for the establishment, exercise or defence of legal claims.

Where your data is processed for the purpose of canvassing, you have the right to object at any time to the processing of your data for such canvassing, including profiling insofar as it is related to such canvassing. If you object, your data may no longer be processed for such purposes.

Exercising of Your GDPR Data Protection Rights

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.

The exercise of your rights requires a request from you, accompanied by an identity document (identity card / passport) in the form of a certified copy.

Your request should be addressed to RespectUs, 24, rue Léon Laval, L-3372 Leudelange, Grand Duchy of Luxembourg. The Company has appointed a data protection officer who can be contacted by e-mail at dpo@respectus.space.

Requests are processed within 1 month of confirmation of your identity. This period may be extended by a further two months in the event of a complex request or due to a large number of requests.

In the event of dissatisfaction, any complaint should be addressed to the National Commission for Data Protection (CNPD), 1 avenue du Rock’n Roll, L-4361 Esch-sur-Alzette, Grand Duchy of Luxembourg.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third-party link, You will be directed to that third-party’s site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email 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.

Contact Us

If you have any questions about this Privacy Policy, You can contact us:

• By visiting this page on our website: http://www.respectus.space/privacy-trust/

• By sending us an email: contact@respectus.space