PLEASE READ CAREFULLY THIS PRIVACY POLICY AS
IT AFFECTS YOUR OBLIGATIONS AND LEGAL RIGHTS. THIS PRIVACY POLICY APPLIES TO
ALL OUR SERVICES AND/OR PRODUCTS.
This Privacy Policy is an independent legal
document. Your rights and obligations when you use the Website (www.voltha.net)
and/or the Application software (Voltha) are also defined (may be defined) by
the following documents (agreements): Terms of Use, Disclaimer, any other terms
we let you know about. This Privacy Policy may contain links to any document
listed above. The absence of one document or all of the listed documents
doesn’t affect the validity of this Privacy Policy.
SECTION 1 – GENERAL CONDITIONS
Our Privacy Policy governs the privacy terms
of using the Website (www.voltha.net, hereinafter “Website”)
and/or the Application software (Voltha, hereinafter “Application
software” or “Mobile application”), general rules of User’s Personal Data
collection, processing, distribution, use and keeping by the Website and the Mobile
application Owner.
We follow all legal requirements to protect
your privacy. Our Privacy Policy is a legal statement that explains what
information of yours we will collect when you use the Website and/or the Mobile
application, how that information will be used, and how we will share and
protect the information.
EACH USER MUST CAREFULLY READ AND COMPLY WITH
THIS POLICY.
BY USING THE WEBSITE AND/OR THE MOBILE
APPLICATION YOU CONFIRM THAT YOU AGREE TO THESE TERMS OF OUR PRIVACY POLICY. IF
YOU DO NOT AGREE WITH THIS PRIVACY POLICY IN GENERAL OR ANY PART OF IT, YOU
SHOULD WITHHOLD FROM USING THE WEBSITE AND/OR THE MOBILE APPLICATION. YOU ALSO
AGREE THAT YOUR PERSONAL DATA, COLLECTED BY US, IS TRANSFERRED WITH YOUR
CONSENT.
You provide and guarantee to us the right to
process your personal data, including the right to perform the following
actions to process your personal data (fully or partially in an automated
system): storing, registration, changing, restoring, and removing. Also you
agree that your personal data is included in the personal data base and any
additional notification is not required.
SECTION 2 – DEFINITIONS
2.1. In this Privacy Policy the following
terms have meanings as described in the Definition section below:
2.1.1. “Website” shall mean the website maintained at www.voltha.net
and/or all the subdomains of the website «www.voltha.net».
2.1.2. “Mobile application” (Voltha) – is a software application with
relevant functional assignment, specified in Voltha Terms of Use.
2.1.3. “Personally identifiable information” (hereinafter
– “Personal Information” or “Personal Data”) shall mean any
information that can be directly associated with a specific person and can be
used to identify that person (including the information about Your activities,
such as information about Your use of the Website and/or the Mobile
application, when directly linked to personally identifiable information,
including automatically collected). We do not consider Personal Data to include
information that has been anonymized so that it does not identify a specific
User.
2.1.4. “Controller” means a legal person, which determines the
purposes and means of the processing of personal data.
2.1.5. “Processor” means a natural or legal person, which processes
personal data on behalf of the Controller.
2.1.6. “Owner” (“Website Owner”, “Mobile
application Owner”) or “Operator” or “we”,
(“us” or “our”) means a legal person (entity) – Aton Green
Energy Sarl (registration code: 19 S 08127), which owns the exclusive
rights for the objects of intellectual property – the Website and/or the Mobile
application. Aton Green Energy is registered under the legislation of Monaco
(address: 1, rue du Gabian, 98000 Monaco).
2.1.6.1. Aton Green energy is also a legal person, which determines the purposes
and means of the processing of personal data and which processes personal data.
Accordingly, Aton Green Energy» is Controller and Processor in the meaning
which is specified in paragraphs 2.1.4. and 2.1.5. of this Privacy Policy.
However, there also can be another person which processes personal data on
behalf of Aton Green Energy as a Controller.
2.2. The other terms and notions used in this
Policy shall be understood in accordance with the Terms of Use (if available),
unless other specified in this Privacy Policy.
SECTION 3 — INFORMATION WE COLLECT AND PROCESS
3.1. The User hereby expressly consents to
provide to Us, immediately upon Our notice of request, any information
(including Personal Data) that We, in Our sole discretion, deem to be required
to maintain compliance with any law, regulation or policy.
3.2 Technical (programmatic) means of our Website and/or the Mobile application
can collect such Personal Data: first name, e-mail, user location. 3.3.
The above mentioned information and documentation, described in paragraph 3.2.,
may be requested and or collected by us prior to activating Your account on the
Website and/or the Mobile application and/or any services available through the
Website and/or the Mobile application. Any doubts as to validity, authenticity
and genuineness of the documents and information, provided by You shall be
considered a valid reason to deny Your access to our Website, the Mobile
application and services.
3.4. The User, You hereby expressly consents, represents and warrants that any
and all information provided to Us is valid, current, complete and accurate.
3.5. Personal Data Collected from all the Users, including non-registered
Users. We collect the Personal Data from running the Website and/or the Mobile
application and use information, provided to Us by You, sent to Us by Your
computer, mobile phone, or other access device, which may include Your IP
address, device information including, but not limited to, identifier, name,
and type, operating system, mobile network information and standard web log
information, such as Your browser type, and the pages You accessed on Our Website
and/or the Mobile application. You (as a user) give your voluntary and
undoubted consent for the collection and processing specified data and its
transfer to third parties in order to implement functioning of the Website
and/or the Mobile application and its appropriate work.
3.6. We also collect and store such information as: User requests in support
regarding the work of the Website and/or the Mobile application, its related
services and other issues.
3.7. When You access the Website and/or the Mobile application or use Our
products or services We (or Google Analytics or similar service provider on our
behalf) may place small data files called cookies on Your computer or other
device. We use these technologies to recognize You as our User; customize our
Website and advertising; measure promotional effectiveness and collect
information about Your computer or other access device to mitigate risk, help
prevent fraud, and promote trust and safety. You may control the use of cookies
within your internet browsers’ settings. If you reject or delete certain
cookies, be aware that the performance of the related features and functions of
our Websites and services may be impaired.
3.8. YOU AGREE THAT YOUR PERSONAL DATA MAY BE PROCESSED AND STORED BY US OR OUR
COUNTERPARTIES DURING THE PERIOD OF TIME THAT IS PRACTICALLY NECESSARY TO
FULFILL THE AIMS AND PURPOSES THAT IMPACT WITH FUNCTIONAL PURPOSE OF THE
WEBSITE AND/OR THE MOBILE APPLICATION.
SECTION 4 — HOW WE USE YOUR INFORMATION
We use the information we receive from you as
follows:
4.1. We collect only the User’s Personal Data that we need for their proper usage
of the Website and/or Mobile application. In particular, we use Your Personal
Data to:
administer Our Website and/or the Mobile application and/or provide services;
develop new products and services;
personalize Our Website and/or the Mobile application for You;
send You technical notices, support and administrative messages;
communicate with You about products, services, promotions, events and other
news and information we think will be of interest to You;
monitor and analyze trends, usage and activities in connection with Our Website
and/or the Mobile application and/or services;
provide third parties with statistical information about Our Users (but those
third parties will not be able to identify any individual User from that
information);
verify compliance with the Terms of Use governing the use of Our Website and/or
the Mobile application.
4.2. The Website and/or the Mobile application Owner is the only data
controller and processor, except for the cases when there is an objective
Website (the Mobile application) Owner’s need to control/process or store
information at the Website (the Mobile application) Owner’s counterparties or
agents.
SECTION 5 — PERSONAL DATA PROTECTION AND STORAGE
5.1. The Website (the Mobile application)
Owner will do any and all efforts and actions prescribed by Applicable Law to
store any of Your Personal Data in secrecy by means of, including but not
limited to firewalls and data encryption, physical access controls to Our data
centers, and information access authorization controls (which are designed to
comply with Applicable Law and regulations), authorization of access to
Personal Data only for those employees or contractors who require it to fulfill
their job or service responsibilities.
5.2. Personal Data of Our users is stored and processed on servers in
Netherlands. However, Your Personal Data may be temporarily stored and
processed in other jurisdiction, in particular in Ukraine.
5.3. We reserve the right to store, process and transfer Your Personal Data to
Our servers in various jurisdictions, where Our facilities and/or Our service
providers are located. It may also be processed by staff operating who work for
Us and/or for one of Our service providers. Staff may be engaged in the
fulfillment of Our services and/or the processing of Your data and/or the
provision of support services. By submitting Your Personal Data, You agree to
this transfer, storing or processing. We will take all steps reasonably
necessary to ensure that Your Personal Data is treated securely and in
accordance with this Policy.
SECTION 6 — THIRD PARTIES
6.1. We may share your personal information
with:
service providers under contract who help with parts of our business
operations;
Our banking partners;
companies that We plan to merge with or be acquired by (should such a
combination occur, We will require that the newly combined entity follow these
terms with respect to Your Personal Data);
law enforcement, government officials, or other third parties when We are
compelled to do so by a subpoena, court order, or similar legal procedure; or
We believe in good faith that the disclosure of Personal Data is necessary to
prevent physical harm or financial loss, to report suspected illegal activity
or to investigate violations of any of Our policies;
Our Personal Data processing counterparties or agents, hired by or cooperating
with Us, whose services are required by Us from the practical point of view;
other third parties — only with Your prior consent or direction to do so.
SECTION 7 — INTEGRATING THIRD PARTY SERVICES AND LINKS TO OTHER WEBSITES
7.1. Our Website and/or the Mobile
application may, from time to time, contain links to and from the websites
and/or mobile applications of Our partner networks, advertisers, and affiliates
(including, but not limited to, websites on which the Website is advertised).
If You follow a link to any of these websites and/or mobile applications,
please note that these websites and any services that may be accessible through
them have their own privacy policies and that We do not accept any
responsibility or liability for these policies or for any Personal Data that
may be collected through these websites or services, such as contact and
location data. Please check these policies before You submit any Personal Data
to these websites or use these services.
SECTION 8 — PROTECTING YOUR CHILD’S PRIVACY
8.1. Our Website and/or the Mobile
application are not designed for use by anyone under the age of 13. If you are
a child (a person under the age of 13 years), you should withhold from using
Our Website and/or the Mobile application. If you are a parent or guardian and
believe your child is using Our Website and/or the Mobile application, please
contact us to remove your child’s account. We reserve the right to ask you for
verification of your relationship to the child before we honor such a request.
However, as parent of a child, you should understand that you are legally liable
for any actions of your child.
8.2. Some functions of the Mobile application may be available only to persons
who have reached the age of full dispositive legal capacity of a natural
person.
SECTION 9 – RETAIN INFORMATION
9.1. In accordance with applicable laws and
as needed to provide services to our Users, we may hold your Personal Data.
This requirement is conditioned by the need of complying with legal obligations
and resolving possible disputes. We may retain Your Personal Data for as long as
Your account is active. Moreover, Your Personal Data may be hold beyond the
abovementioned period till it is indispensable for Us to have relevant
information to respond to any issues that may arise later.
SECTION 10 – SECURITY
10.1. We use relevant electronic and
procedural safeguards to protect the privacy of the information you provide to
Us from loss, misuse, disclosure, alteration and destruction.
10.2. PLEASE NOTE THAT TRANSMISSION OF DATA OR INFORMATION (INCLUDING
COMMUNICATIONS BY E-MAIL) OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE
NETWORKS IS NOT ONE HUNDRED PERCENT SECURE.
SECTION 11 – PRIVACY POLICY UPDATES AND AMENDMENTS
11.1. We reserve the right to modify or amend
this Privacy Policy at any time. You should review this Privacy Policy
frequently. Your continued usage of Our Website and/or the Mobile application
shall mean your acceptance of those amendments and updates.
SECTION 12 — YOUR RIGHTS AS THE DATA SUBJECT, APPLICABLE LAW
12.1. You as the Personal Data subject have
the rights in accordance with the provisions of the General Data Protection Regulation (EU) 2016/679. You agree that the way of implementation of your rights is subject to
the terms of this Privacy Policy. The following paragraphs (12.3. and 12.4.)
are the way to implement some of your rights under the provisions of the
General Data Protection Regulation.
12.2. WE TAKE ALL MEASURES TO COMPLY WITH THE
GDPR REQUIREMENTS, HOWEVER, YOU, AS A USER, SHOULD TAKE INTO ACCOUNT THAT THE
RELATIONSHIP BETWEEN YOU AND US IS GOVERNED BY THE LEGISLATION OF MONACO, WHICH
LEGISLATION IS APPLICABLE UNDER THIS PRIVACY POLICY AND OUR TERMS OF USE.
12.3. “How to remove all of Your Personal Data?”
You have right to require correction of your Personal Data, updating, complete
removal or removal of incorrect and/or inaccurate data by sending Us an email
to app@2smart.tech. Nevertheless, this request must comply with the aim of using Our
Website and/or Mobile application and Our legal obligations.
12.4. “How to prohibit Personal Data processing if you are allow this before?
How to get all of Your Personal Data collected by Us?”
If you want to prohibit Personal Data processing or get all of your Personal
Data collected by Us, you can send Us a require via email app@2smart.tech.
SECTION 13 — CONTACT US
13.1. If you have any questions regarding
this Agreement, please contact us by e-mail – app@2smart.tech.