Introduction

UpApps UG (haftungsbeschänkt), with registered office in Wilhelm-Backhaus-Strasse 17, 50931 Cologne, Germany (hereinafter, the “Company”, also referred to as “we”, “us”, “our” and similar) provides a platform (the “Platform”) and related services which enable users to connect with each other and, in particular, advisors willing to provide their professional services (“Advisor”), on one side, and founders of startups or small/new business seeking professional advices (“Founder”), as better described in the Terms and Conditions.

The terms marked with initial capital letter, unless otherwise defined in this document, have the same meaning assigned to them in the Terms and Conditions.

In compliance with Article 13 of EU Regulation 2016/676 (“Regulation”) as Data Controller (as defined below) of the processing of your personal data (“Personal Data”), we intend to provide you with the following information (“Privacy Policy”).

The Privacy Policy also applies to Visitors.

This Privacy Policy applies to your use of our Service in the European Union Countries.

We may modify this Privacy Policy and, should we make any material changes, we will provide notice through our Platform, or by other means, to give you the opportunity to review the changes before they become effective. If you object to any changes, you may close your Account or Premium Account. You acknowledge that your continued use of our Service after we publish or send a notice about our changes to this Privacy Policy means that collection, use and sharing of your Personal Data is subject to the updated Privacy Policy, as of its effective date.

Personal data subject to processing

At the time of, and in order to proceed with, your registration on the Platform, we will ask you to provide the following Personal Data: name, surname, e-mail address, password, telephone number, images, description of your skills, preferred industries, background information and professional identities (such as company, job title, academic career, working experiences, network etc.)

You may register on the Platform, both for an Account or a Premium Account, through LinkedIn. In this case, the Company will have access to the following Personal Data: name, surname, e-mail address linked to your LinkedIn account, LinkedIn profile photo, and this Privacy Policy shall apply. The transfer of Personal Data from LinkedIn is regulated by the privacy policy of LinkedIn. You can stop such synchronization of Personal Data on your LinkedIn settings.

In order to proceed with the execution of the Service, we will ask you to provide the following Personal Data:

• if related to the Advisor: background information and professional identities (such as job title, academic career, working experiences, network, skills, startup experience, etc.);
• if related to the Founder: background information and professional identities (such as job title, academic career, working experiences, network, skills, startup experience, information about your startups, etc.);

If you register for a Premium Account, or if you purchase additional services, you will also need to provide payment and billing information (e.g. credit card).

You have choices about the information to be disclosed through the Service available on your Account (such as your education, working experiences, skills, photo) and you don’t have to provide additional information on your Account; however, profile information helps you to get more from our Service. It’s your own choice whether to include additional information on your Account and to make that information public. Please do not publish Personal Data on your Account that you would not want to be publicly available.

Controller of the processing

The Personal Data Controller is UpApps UG (haftungsbeschänkt), with registered office in Wilhelm-Backhaus-Strasse 17, 50931 Cologne, Germany (“Data Controller”). The Data Controller can be contacted at the following email address datacontroller@upvising.net. The name and contact details of the Personal Data processor appointed pursuant to Article 37 of the Regulation (“Data Processor”) will be made available at the following link: http://www.upvising.net/dataprocessor.

Purpose of the processing

We will process your Personal Data for the following purposes related to the execution of the Terms and Conditions entered into between you and us:

1. registration as a Member and creation of a personal Account or Premium Account;
2. to make relevant suggestions to you and others and to make recommendations for connections with other Members or for features that may be useful for you;
3. to respond to requests for assistance or information from the Member and/or Visitor;
4. to fulfil contractual obligations for additional Products and Services
5. to fulfil obligations of a legislative or regulatory nature (e.g. of fiscal nature);
6. to send commercial communications and newsletters, as described below, only with your express consent; and

Legal basis of the processing

We will process your Personal Data lawfully under the following legal basis:

1. the execution of the Terms and Conditions and, in general, for the execution of the Service (to the extent your Personal Data is necessary); and/or
2. on the basis of your express consent, if your Personal Data is subject to profiling; and/or
3. on the basis of your express consent, if your Personal Data is processed for direct marketing purposes as described below; and/or
4. to fulfill legal obligations to which the Data Controller is subject.

Failure to communicate Personal Data. Consequences

Failure to communicate your Personal Data in the manner specified in this Privacy Policy will prevent the Data Controller from proceeding with your identification and registration on the Platform, making it impossible to provide the Service.

Storage of Personal Data

We will store your Personal Data, processed for the purposes described under Article 4 above, as long as your Account or Your Premium Account is open.

In any case, your Personal Data will be stored for a period not exceeding 6 months from the date of termination of the Agreement and, subsequently, for the period of time in which the Data Controller is subject to storage obligations for tax purposes or for other purposes provided for by current legislation.

Your Personal Data will be stored by means of computer files, including portable devices, adopting appropriate measures to ensure their security and to limit access exclusively to personnel authorized by the Personal Data Controller and within the strict scope of the purposes under Article 4.

Communication of Personal Data to third parties

Your Personal Data may be communicated to the following third parties:

1. consultants, accountants or lawyers who provide functional services or services related to the execution of the Terms and Conditions of the Service;
2. judicial or administrative authorities for the fulfillment of legal obligations;
3. banking and insurance institutions which provide functional services or services related to the execution of the Terms and Conditions of the Service;
4. we may use third parties to help us to provide our Service (e.g. maintenance, analysis, audit, payments, fraud detection, marketing and development). Such third parties may have access to your information as reasonably necessary to perform these tasks on our behalf and are obligated not to disclose or use it for other purposes;
5. we may also use third-party service providers (e.g. Mailgun, wordpress, amazon server, google analytics etc.) to help us provide our Service. Such third-party service providers may have access to your information and are obligated not to disclose it.

Personal Data processing for commercial communications and newsletters (c.d. direct marketing)

In order to keep you updated on our Services, we may - exclusively with your express consent, which may be freely revoked at any time - send you by email communications relating to our commercial offers, updates of our services, as well as newsletters relating to news in the sector of reference.

Transfer of Personal Data

We may process your Personal Data both inside and outside the European Union and we may lawfully transfer Personal Data across borders.

Countries where we process Personal Data may have laws which are different from, and potentially not as protective as, the laws of your own country.

Personal Data Profiling

Your Personal Data may be subject to fully automated decision-making, including profiling, only with your prior express consent, which may be freely revoked at any time.

Upon receipt of your express written consent, we may proceed to profile you by using your Personal Data for the sole purpose of improving our Service, identifying and selecting Member that may be interested in interacting with other Members.

Cookies and similar technologies

As further described in our Cookies Policy, we may use cookies and similar technologies (e.g. pixels and ad tags) to collect data (e.g. device IDs) to recognize you and your device on, off and across different services and devices where you have engaged with our Service. We also allow some others to use cookies as described in our Cookie Policy. You can opt out from our use of data from cookies and similar technologies that track your behavior on third parties’ sites for ad targeting and other ad-related purposes.

When you visit or leave our Service we receive the URL of both the site you came from and the one you go to and the time of your visit. We also get information about your network and device (e.g. IP address, proxy server, operating system, web browser and add-ons, device identifier and features, cookie IDs and/or ISP, or your mobile carrier). If you use our Service from a mobile device, that device will send us data about your location based on your phone settings. We will ask you to opt-in before we use GPS or other tools e.g. bluetooth to identify your precise location.

Data subject’s right

Among the rights granted to you by the Regulation, please note that you have the right:

• to request and obtain access to your Personal Data from the Data Controller;
• to request and obtain from the Data Controller the rectification of your inexact Personal Data or the integration of incomplete Personal Data in the terms and conditions set forth in Article 16 of the Regulation;
• to request and obtain from the Data Controller the cancellation of your Personal Data upon the occurrence of one of the conditions indicated in Article 17, paragraph 1, of the Regulation and in compliance with the exceptions provided for in paragraph 3 of the same article;
• to request and obtain from the Data Controller the limitation of the processing of your Personal Data under the terms and conditions set forth in Article 18, paragraph 1, of the Regulation;
• to request and obtain from the Data Controller your Personal Data in a structured and machine-readable format, also for the purpose of communicating such data to another data controller (so-called right to Personal Data portability) under the terms and conditions set forth in Article 20 of the Regulation;
• to oppose at any time the processing of your Personal Data in the terms and conditions set forth in Article 21 of the Regulation;
• to submit a complaint to the competent supervisor authority for the protection of Personal Data or to another supervisory authority, if competent.