Privacy Policy Last update 1 year ago

1. Introduction

At Aqubes (“us”, “we”, “our” or the “Company”) we value your privacy and the importance of safeguarding your data. This Privacy Policy ("Privacy Policy") describes our privacy practices for the activities set out below. As per your rights, we inform you how we collect, store, access, and otherwise process information relating to individuals. In this Policy, "Personal Data" refers to any information that on its own, or in combination with other available information, can distinguish an individual.

Scope

This policy applies to the Aqubes websites and domains.

This Policy does not apply to third-party applications, websites, products, services or platforms that may be accessed through (non Aqubes ) links that we may provide to you. These sites are owned and operated independently from us, and they have their own separate privacy and data collection practices. Any personal data that you provide to these websites will be governed by the third-party’s own privacy policy. We cannot accept liability for the actions or policies of these independent sites, and we are not responsible for the content or privacy practices of such sites.

Processing Activities

This Privacy Policy applies when you interact with us by doing any of the following:

• Make use of our application and services as an authorized user
• Visit any of our websites that link to this Privacy Statement
• Receive any communication from us including newsletters, emails, calls, or texts

2. Personal Data We Collect

Data You Provide

When you make a purchase, or attempt to make a purchase, we collect personal data as part of your order information.

This data includes:

• Account information such as your name, email address, and password
• Payment information such as your billing address, phone number, credit card, debit card or other payment method

If you provide us, or our service providers, with any Personal Data relating to other individuals, you represent that you have the authority to do so and acknowledge that it will be used in accordance with this Privacy Statement. If you believe that your Personal Data has been provided to us improperly, or to otherwise exercise your rights relating to your Personal Data, please contact us by using the information set out in the Contact Us section below.

Device and Usage Data

When you visit a Aqubes website, we automatically collect and store information about your visit using browser cookies (files which are sent by us to your computer), or similar technology. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. The Help Feature on most browsers will provide information on how to accept cookies, disable cookies or to notify you when receiving a new cookie. If you do not accept cookies, you may not be able to use some features of our Service and we recommend that you leave them turned on.

We also process information when you use our services and products. This information may include:

• IP Address
• Individual Products you view
• Web terms or searches that led you to the site
• Time zone

Data we collect from third parties

We may receive your personal data from third parties such as companies subscribing to Aqubes services, partners and other sources. This information is not collected by us but by a third party and is subject to the relevant third party’s own separate privacy and data collection policies. We do not have any control or input on how your personal data is handled by third parties. As always, you have the right to review and rectify this information. If you have any questions you should first contact the relevant third party for further information about your personal data. Where that third party is unresponsive to your rights, you may contact the Data Protection Officer at Aqubes (contact details below) and we can assist you.

Our websites and services may contain links to other websites, applications and services maintained by third parties. The information practices of such other services, or of social media networks that host our branded social media pages, are governed by third parties’ privacy statements, which you should review to better understand those third parties’ privacy practices.

Purpose and Legal Basis for the Processing of Personal Data

We collect and use personal data about you with your consent to provide, maintain, and develop our products and services and understand how to improve them.

These purposes include:

• To deliver your product or service
  • To fulfill orders including electronic and non-electronic shipment
• Building a Safe and Secure Environment
  • To Verify or authenticate your identity; and
  • Investigate and prevent security incidents such as breaches, attacks and hacks.
• Providing, Developing, and Improving our Products and Services
  • Deliver, maintain, debug and improve our products and services.
  • Enable you to access Aqubes services and set up accounts.
• Provide you with technical and customer support.
• Organize and Deliver Advertising and Marketing
  • Send you newsletters and other marketing communications about current and future products, programs and services, events, competitions, surveys and promotions held by us or hosted on our behalf; and
  • Organize events or register attendees and schedule meetings for events.

Where we process your personal data to provide a product or service, we do so because it is necessary to perform contractual obligations. All of the above processing is necessary in our legitimate interests to provide products and services and to maintain our relationship with you and to protect our business for example against fraud. Consent will be required to initiate services with you. New consent will be required If any changes are made to the type of data collected. Within our contract, if you fail to provide consent, some services may not be available to you.

Sharing and Disclosure

We will share your personal data with third parties only in the ways set out in this Policy or set out at the point when the personal data is collected.

We also use Google Analytics to help us understand how our customers use the site. You can read more about how Google uses your Personal Information here:

• https://www.google.com/intl/en/policies/privacy/

You can also opt-out of Google Analytics here:

• https://tools.google.com/dlpage/gaoptout

We may also use your Personal Information to provide you with targeted marketing via advertisements or communications (such as newsletters).

For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at:

• http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at:

• http://optout.aboutads.info/

Legal Requirement

We may use or disclose your personal data in order to comply with a legal obligation, in connection with a request from a public or government authority, or in connection with court or tribunal proceedings, to prevent loss of life or injury, or to protect our rights or property. Where possible and practical to do so, we will tell you in advance of such disclosure.

Service Providers and Other Third Parties

We may use a third party service provider, independent contractors, agencies, or consultants to deliver and help us improve our products and services. Service providers may be within or located outside the EEA. We may share your personal data with marketing agencies, database service providers, backup and disaster recovery service providers, email service providers and others but only to maintain and improve our products and services. For further information on the recipients of your Personal Data, please contact us by using the information in the Contact Us section below.

3. Cookie policy

What are cookies?

A cookie is a small file with information that your browser stores on your device. Information in this file is typically shared with the owner of the site in addition to potential partners and third parties to that business. The collection of this information may be used in the function of the site and/or to improve your experience.

How we use cookies

To give you the best experience possible, we use the following types of cookies:

• Strictly Necessary. As a web application, we require certain necessary cookies to run our service.
• Preference.
  • We use preference cookies to help us remember the way you like to use our service.
  • Some cookies are used to personalize content and present you with a tailored experience. For example, location could be used to give you services and offers in your area.
• Analytics.
  • We collect analytics about the types of people who visit our site to improve our service and product.
• Marketing.
  • We share cookies with third party advertisers and/or partners to help provide you with a personalized marketing experience.
  • We also allow third party partners to put their own cookies on our website.

4. Retention & Deletion

We will only retain your personal data for as long as necessary for the purpose for which that data was collected and to the extent required by applicable law. When we no longer need personal data, we will remove it from our systems and / or take steps to anonymize it.

5. Children's Privacy

We will not knowingly collect personal data from children under the age of 16 Years.

6. Your Rights to Your Personal Data

Depending on your geographical location and citizenship, your rights are subject to local data privacy regulations. These rights may include:

Right to Access (PIPEDA, GDPR Article 15, CCPA, LGPD)

You have the right to request a copy of the personal data we are processing about you.

Right to Rectification (PIPEDA, GDPR Article 16, LGPD)

You have the right to have incomplete or inaccurate personal data that we process about you rectified.

Right to be Forgotten (right to erasure) (GDPR Article 17, CCPA, LGPD)

You have the right to request that we delete personal data that we process about you, except we are not obliged to do so if we need to retain such data in order to comply with a legal obligation or to establish, exercise or defend legal claims.

Right to Restriction of Processing (GDPR Article 18, LGPD)

You have the right to restrict our processing of your personal data where you believe such data to be inaccurate; our processing is unlawful; or if we no longer need to process such data for a particular purpose unless we are not able to delete the data due to a legal or other obligation or because you do not wish us to delete it.

Right to Portability (PIPEDA, GDPR Article 20, LGPD)

You have the right to obtain personal data we hold about you, in a structured, electronic format, and to transmit such data to another data controller, where this is (a) personal data which you have provided to us, and (b) if we are processing that data on the basis of your consent or to perform a contract with you or the third party that subscribes to Aqubes services.

Right to Objection (GDPR Article 21, LGPD)

Where the legal justification for our processing of your personal data is our legitimate interest, you have the right to object to such processing on grounds relating to your particular situation. We will abide by your request unless we have compelling legitimate grounds for processing which override your interests and rights, or if we need to continue to process the data for the establishment, exercise or defense of a legal claim.

Right Not to Be Discriminated (CCPA)

You have the right not to be denied service or have an altered experience based on having executed any of your CCPA rights.

Withdrawing Consent

If you have consented to our processing of your personal data, you have the right to withdraw your consent at any time, free of charge, such as where you wish to unsubscribe from marketing messages that you receive from us. If you wish to withdraw your consent, please contact us using the information found at the bottom of this page.

How to Exercise Your Rights

You can make a request to exercise any of these rights in relation to your personal data by sending the request to our privacy team by using the form below.

For your own privacy and security, at our discretion, we may require you to prove your identity before providing the requested information.

Rights of EU, EEA and UK Users

This section of the Policy applies to you if you are in the EU, the European Economic Area (EEA) or UK.

The Controller (within the meaning of the EU and UK General Data Protection Regulation (“GDPR”)) for the processing of personal data as described in this Privacy policy is: Fiverr International Ltd., 8 Kaplan St., Tel Aviv, Israel.

Under applicable EU regulation, you have the following rights in respect of your personal information:

to obtain information about how and on what basis your personal information is processed and to obtain a copy;

to rectify inaccurate personal information;

to erase your personal information in limited circumstances where (a) you believe that it is no longer necessary for us to hold your personal information; (b) we are processing your personal information on the basis of legitimate interests and you object to such processing, and we cannot demonstrate an overriding legitimate ground for the processing; (c) where you have provided your personal information to us with your consent and you wish to withdraw your consent and there is no other ground under which we can process your personal information; and (d) where you believe the personal information we hold about you is being unlawfully processed by us;

to restrict processing of your personal information where: (a) the accuracy of the personal information is contested; (b) the processing is unlawful but you object to the erasure of the personal information; (c) we no longer require the personal information for the purposes for which it was collected, but it is required for the establishment, exercise or defence of a legal claim or (d) you have objected to us processing your personal information based on our legitimate interests and we are considering your objection;

to object to decisions which are based solely on automated processing or profiling;

where you have provided your personal information to us with your consent, to ask us for a copy of this data in a structured, machine-readable format and to ask us to share (port) this data to another data controller; or

to obtain a copy of or access to safeguards under which your personal information is transferred outside of the EEA.

Under certain circumstances, you may have the right to object, on grounds relating to your particular situation, to the processing of your personal data by us and we may be required to no longer process your personal data. Moreover, if your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing. In this case your personal data will no longer be processed for such purposes by us.

In addition to the above, you have the right to lodge a complaint with a supervisory authority for data protection. Please note that the right of access and the right to erasure do not constitute absolute rights and the interests of other individuals may restrict your right of access or erase in accordance with local laws.

We will ask you for additional data to confirm your identity and for security purposes, before disclosing data requested by you. We reserve the right to charge a fee where permitted by law. We will decline to process requests that jeopardize the privacy of others, are extremely impractical, or would cause us to take any action that is not permissible under applicable laws. Additionally, as permitted by applicable laws, we will retain where necessary certain personal information for a limited period of time for record-keeping, accounting and fraud prevention purposes.

Sharing Personal Information with Third Parties

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent.

We share your personal information with third parties as detailed below:

With other users and Site visitors. Once you register, your username, country, and additional information regarding your activity is made public and is visible to all users of the Site. This information includes photos you upload, your published portfolio, Gig information, ratings, and additional information you may choose to add to your profile. We also offer you the opportunity to participate and post content publicly in forums, blogs and on other similar features. Please be aware that certain information, such as your user name and profile, together with the content uploaded by you, will be publicly displayed when you use such features. Your information will also be shared with other users when you message or otherwise communicate with such users. When you publish your information and/or share your data with other Fiverr users, you do so at your own risk. If you choose to share personal information with other users, including Sellers providing you a service via Fiverr, such personal information is shared with other users as separate controllers. While Fiverr our Terms of Service require Sellers to keep the information shared with them confidential, Fiverr cannot ensure that all users will do so and it is your responsibility to ensure that other users will comply with your standards.

With Service Providers. We share personal information for business purposes with service providers that provide us with services for the purpose of operating the Site, opening and operating your account as well as providing ancillary services and solutions. These include, among others, hosting services, billing and payment processors and vendors, CRM systems, forum hosting, community management services, data and cybersecurity services, web analytics and performance tools, translation tools, IT SaaS services, session recording, communication systems, mailing systems, data optimization and marketing services, data enrichment services, legal and financial advisors or technical consultants. Consistent with applicable legal requirements, we take appropriate technical and organizational measures to require third parties to adequately safeguard your personal information and only process it in accordance with our instructions;

For legal reasons. We share personal information with law enforcement agencies, public authorities or other parties in order to respond to a subpoena or court order, judicial process or to regulatory authorities, if we believe we are required to do so by law, or that doing so is reasonably necessary to comply with legal processes; when we believe it necessary or appropriate to disclose personal information to law enforcement authorities, such as to investigate actual or suspected fraud or violations of law, breaches of security, or breaches of this Policy; to respond to claims against us; and to protect the rights, property, or personal safety of Fiverr, our customers, or the public;

For payments and fraud detection. We share personal information with payment processors, fraud detection agencies and similar third parties for the purpose of facilitating payments done via the Site and securing the Site and protecting it against fraud, unauthorized transactions (such as money laundering), claims or other liabilities;

With social media partners. Our Site includes certain social media features, including single sign on features. We also share limited personal information with such social media platforms and marketing partners, such as Facebook and Google, to promote our services or the Fiverr marketplace. Such features and third party services collect certain information about you and may set a cookie to enable their functionality. Such third parties’ features are governed by their policies.

With users with whom you interact. We share personal information to help facilitate interactions between users. For example, if you are a Buyer we may share certain limited information about you (such as the fact it is your first purchase on Fiverr) with the Seller to ensure the services you receive from the Seller will fit your needs; such sharing of information is limited in scope, and is only intended to improve the services provided by the Seller and your user experience;

With our corporate affiliates. We share personal information with Fiverr’s corporate affiliates (Fiverr Inc., Fiverr Germany GmbH, Fiverr Limited) that are related by common control for the purpose of operating the Site, providing our services to you and for other purposes listed herein; and

In the context of a corporate transaction. Personal information will also be disclosed if we go through a business transition such as a merger, sale, transfer of all or a portion of Fiverr's assets, acquisition, bankruptcy or similar event. In the event that we sell any business or assets, we will disclose your data to the prospective buyer. If we or substantially all of our assets are acquired by a third party, information held by us about our users will be one of the transferred assets.

This Site is also protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply with respect to data collected by reCAPTCHA. The use of Google reCAPTCHA is required in order to prevent fraud and misuse of the Site by use of automated machines. To learn more, please see Google's privacy policy.

Where We Store Your Personal Information

Some of the personal information you provide to us will be stored or processed on our behalf by third party suppliers and data processors and may be located in other jurisdictions, such as the United States and Israel, whose laws may differ from the jurisdiction in which you live. Whether to third parties or internally, there are also transfers of personal information from the European Economic Area (“EEA”) to countries outside of the EEA not deemed to provide an adequate level of data protection from a European data protection perspective, such as the United States. With regard to data transfers to such recipients outside of the EEA we provide appropriate safeguards, in particular, by way of entering into European Union (EU) standard contractual clauses as amended from time to time, and/or equivalent data transfer safeguards. We will take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this Policy.

Cookies

We use cookies and similar technologies (such as web beacons, pixels, tags, and scripts) to improve and personalize your experience, provide our services, analyze website performance and for marketing purposes. To learn more about how we and our third party service providers use cookies and your control over these Cookies, please see our Cookie Policy.

Do Not Track

Do Not Track (DNT) is a privacy preference that users can set in some web browsers, allowing users to opt out of tracking by websites and online services. We do not honor browser requests not to be tracked online (known as “Do Not Track”), but our Cookie Policy describes how you can opt out of receiving cookies.

7. Changes

We may modify this Policy at any time. If we make changes to this Policy then we will post an updated version of this Policy on this website. When using our services, you will be asked to review and accept our Privacy Policy. In this manner, we may record your acceptance and notify you of any future changes to this Policy.

8. Complaints

If you have a complaint about this Policy or any element of your personal information that we hold then please contact us below. If you are not satisfied, then you have the right to lodge a complaint with the local data protection authority.

If you are based in the EEA, please visit this website (http://ec.europa.eu/newsroom/article29/document.cfm?action=display&doc_id=50061) for a list of local data protection authorities.

9. Contact Us

To request a copy for your information, unsubscribe from our email list, request for your data to be deleted, or ask a question about your data privacy, we've made the process simple:

Aqubes

Email us at:

support@aqubes.com

Write to us at:

Data Privacy Officer of Aqubes

Kalyanpur Road, Block B, Kanpur, Uttar Pradesh, 208019