Thank you for accessing Avocado! Our team is dedicated to protecting the privacy rights of our users.
We aim to provide a secure online experience, that does not affect negatively your personal life. Therefore, we ensure you that the information you are providing to our database is used only for the purposes intended by you.
Information note regarding the personal data processing
This document contains the essential information related to the personal data processing modality within the services provided by www.uptrain.eu, both on the web platform, as well as on mobile apps (hereinafter collectively referred to as “the platform”).
For the purpose of the definition of the article 4.1 of the REGULATION (EU) 2016/679 (General Data Protection Regulation, hereinafter referred to as GDPR), "personal data” means any information related to a natural person identified or identifiable ("data subject"); an identifiable natural person is a person that can be identified, directly or indirectly, especially by referring to an identification element, such as a name, an identification number, location data, online identifier or one or more specific elements, specific to his or her physical, physiological, genetic, psychological, economic, cultural or social identity.
When creating an account on the Avocado platform, you are required to provide your first and last name, your email address, telephone number, and a link to your www.linkedin.com profile. The creation of your account on our website and the subscription to our services facilitate us the access to your personal data.
The Responsibility of Personal Data Processing
Based on the authorization provided by joint data controllers, respectively, of the employers that have an account on Uptrain, in order to provide our training services your data shall be collected in our capacity as data controllers by:
UPTRAIN WORKS SRL, with registered offices in România, Târgu Mureș, 1 Târgului Street, Building B, 1St floor, district Mureș, registered at the Trade Register under no.: J26/165/2011, VAT number: RO26415079,
Phone number: +40 743 751 175
Contact details of the Data Protection Officer (DPO)
You can contact the company DPO at the following email address: email@example.com
Public and personal data collected:
Name and contact data - your first and last name, email address, phone number.
Company information - company name, identification number, registered offices, bank accounts, employee information.
Information about personal and professional criteria – which professional and personal coaching topics and when were searched, accessed, used as well as their progress, starting and completion date and time.
Log information - We collect (log) information about your use of the Service, including the type of browser and operating system you use, the domain or host that was used to access the Service, access times, pages viewed and your IP address from which you access the internet and the Internet page from which you accessed the requested page.
Information collected by analytics software - we use analytics based software for user engagement tracking, such as Facebook and Google Analytics. We use analytics software to optimize the Service and the user experience.
Legal basis, the purpose and the term of personal data processing
Based on the consent of the data subject for the processing of their personal data, these are processed according to article 6.1, letter a) of GDPR. If the processing is necessary for the conclusion or the execution of a contract to which the data subject is a party than the processing is made according to the article 6.1. letter b) of GDPR. If the processing is necessary to comply with a legal obligation, this shall be made according to article 6.1, letter c) of GDPR. If the processing is necessary to protect the legitimate interests of Uptrain, this shall be made according to article 6.1, letter f) of GDPR.
The purpose of personal data processing is to facilitate on the www.uptrain.eu platform the interaction between trainers/coaches and users, through dedicated coaching sessions on various personal or professional subjects.
Data processing deadlines
We retain your personal data while your account is in existence or as needed to provide you our services, or for other legitimate purposes such as complying with our legal obligations invoice retentions, resolving disputes, and enforcing our agreements. Because these needs can vary for different data types, the context of our interactions with you or your use of the Service, actual retention periods can vary significantly.
The Avocado user account
By registering a user account on the Avocado platform, you expressly agree to the terms and conditions for the platform use, which can be found at Terms and Conditions, these having the value of an agreement between yourself and our Company. In this regard, the data provided by you through the Avocado user account shall be processed according to the article 6.1, letter b) of GDPR.
Avocado user data modifications
Avocado gives the right to the users to change the registered contact details, some of your interests, including information about the new services and products. Also, you can ask for your data deletion any time.
For the data security and confidentiality, your Avocado account is protected by a password.
The data processing within the context of general use of Avocado platforms and services
When you access the platform, we shall collect information about your accessing device and we shall store these logging data on our servers. Therefore, we can collect information about: the browsers types and versions; the operating system used for the log in into the system; the third parties websites where from our website is accessed; the date and hour of the log in; the IP address; the Internet Service Provider (ISP) of the accessing device; as well as any other information needed to protect our IT systems against cybernetic attacks. For security reasons (for example, in order to track a possible cybernetic attack against the platform) we shall store these data for 30 days, and thereafter we shall anonymize or delete these data. The temporary processing and storage of the IP addresses is made according to the article 6.1, letter f) of GDPR, as the website display, respectively the preservation of our own IT systems security, is the Uptrain’s legitimate interest.
The processing of the data of the legal persons and of their employees
In order to provide our services, we aim at a contractual collaboration with the employers, in our capacity of data controller of the data we process in their own interest. For such reasons, Uptrain shall process the data of the employees of those entities, such as the name, occupation, the phone number and email address, and all these data shall be processed exclusively for the contractual or pre-contractual relationship, according to Uptrain’s legitimate interest.
The optimization of the search and recommendations functionalities
We reserve the right to process information about the search patterns on the platform, in order to create statistical models for configuring the platform in view of an easier use, and especially for optimizing the search and recommendation functionalities of the advertisements available on the platform. In this regard, we collect your IP address under a pseudonymous form, for a period of 30 days The temporary processing and storage of the IP addresses is based on the article 6.1 letter f.) of GDPR, as the legitimate interest of our company is to improve our services by ensuring functionalities based on statistical models.
By the subscription to our newsletters, Uptrain shall process your email address for sending you notifications with topics that could be of interest for you. The legal basis for processing these data is based on the article 6.1, letter a) of GDPR. In order to demonstrate your identity, related to your subscription, based on the article 6.1 letter f) of GDPR, we shall store your IP address until you unsubscribe or until we cease to send notifications to you.
The sent notifications contain the so-called "tracking pixels”, that inform us if that notification was opened, and the access date. The aforementioned data are needed for the optimization of the notification system used by Uptrain and it is a legitimate interest, according to the article 6.1, letter f) of GDPR.
The correspondence and the electronic contact
Our platforms may contain contact forms through which you can contact us on the electronic way; also, we can be contacted at the aforementioned email address. In this regard, the data containing the sent messages, as well as our answers shall be stored and processed until the discussed aspects are considered as clarified by both parties.
Questionnaires, contests and promotions
Periodically, Uptrain shall make available to the users' questionnaires. The questionnaires are anonymous, but there is the possibility to request some data (for example, the email address) in order to participate at some contests. The collected data shall be processed for your notification, in case you win the contest, respectively for the prize delivery. The personal data provided for this purpose shall be stored until the promotions are finalized.
The disclosure and transmission of the personal information
Uptrain shall not transmit (by sales or by leasing) to third parties your personal data.
However, Uptrain can send this information to third parties in the following cases:
(a) it is stipulated by a legal provision;
(b) it is protecting the rights of Uptrain or its affiliates;
(c) it is preventing an felony or it is protecting the national security;
(d) it is protecting the individual security or the public security.
In case Uptrain shall merge or shall be acquired totally or partially by another company, the database is transferred to the new controller. In case Uptrain becomes insolvent, voluntarily or involuntarily, the database can be sold, authorized or transacted through the legal administrator or through the buyer only with the Court consent. In case of any of the above situations, you shall be notified by email or by a notice posted on Uptrain websites.
The empowerment of the third parties for hosting services, security, maintenance and marketing and technical support activities
In order to provide its services, Uptrain empowers the following third parties for its legitimate interest, and the mandated companies of Uptrain can process the provided data only for the purpose for which they were transmitted, according to the article 28 of GDPR. The mandated companies shall keep the above mentioned personal data for the same period for which the data are processed as herein mentioned:
Google Cloud - Belgium (europe-west 1), cu located at: https://cloud.google.com/about/locations/?region=europe#region
Mailing and newsletter services:
Sendmachine.com - through Zooku Solutions SRL 14 Iuliu Maniu Street, Târgu Mureș, district Mureș, România
Zoiper Services, provided by Securax EOOD, legal person from Bulgaria, with headquarters in 11 Gen. Ivan Kolev Str., fl. 1, 1407, Sofia, https://www.zoiper.com/en/zoiper-general-terms
IpTelis Services, provided by SC Iptelis Networks SRL, with headquarters in Bucharest, 5 Valea lui Mihai Street, Block TD13, ap. 28, sector 6, Bucharest,
Support: Zendesk Services, provided by Zendesk inc, https://www.zendesk.com/support/#
Nexmo Verify Services in order to confirm the phone numbers provided by the data subjects, servicies provided byNexmo Inc., a Delaware corporation with a principal place of business at 217 Second Street 4th Floor, San Francisco, CA 94105 https://developer.nexmo.com/verify/overview
Cookies and other similar technologies
The individuals can be associated with the online identifiers provided by the devices, apps, the tools and their protocols, such as IP addresses, cookies identifiers, as well as the identifying labels through radio frequency. These can provide tracking, especially when they are combined with unique identifiers and other information received by the servers, they can be used for creating profiles of the natural persons and for their identification.
The web beacons are transparent pixel images that are used for collecting information related to the website use.
The users have the option to set the browser so as to reject the cookies, click here for their deactivation. The cookies deactivation could have a negative impact on the navigation on the website, for example they cannot see certain images/get access to some options/facilities.
Below we present you description of the purpose of these modules, as well as their modality of use:
Generally, the cookies modules are divided in two distinct categories: the essential ones and the non-essentials. The essential cookies are needed for providing the information required by the user on the platform.
The other categories of cookies are used by Uptrain for the following purpose:
Uptrain disseminates graphic announcements, which can appear as images, animation or videos, text announcements, which may appear as text links through an external company, that allows to display the commercials on our site. These commercials might use information (that do not include the name, the address, the email or the phone number) about the users visits of Uptrain or other websites, in order to offer advertisements about companies/goods and services of their interest.
The partners we work with, such as Google, use such cookies for filtering the displayed information, taking into account the previous visits made on and/or other websites. For more information, please visit the following link: Google Policy for Commercials.
The below tools help us in understanding the platform users interaction and their analysis allows us send publicity messages in view to promote some customised adds that are compatible with your activity.
The users can manifest their opt out for Google Analytics, by accessing the link: https://tools.google.com/dlpage/gaoptout
The users' options related to the cookies policy
The data subjects have the right to adjust the confidentiality settings by blocking the cookies in the used browsers, but this option can negatively affect the optimal functioning of the used websites, and can impact including the saved and customized settings of the platforms regularly visited. At the same time, the browsers offer the opportunity to the users to specify which are the authorized sites for using the cookies modules.
By accessing the following links, the users can obtain information about the cookies setting modality on various used browser platforms:
The users can get additional information on the way the cookies are functioning by accessing the following links: http://www.allaboutcookies.org/
The rights of the data subject
As a user of the Avocado platform, according to GDPR provisions, you have the following rights:
The right of access to information: You can ask for the confirmation of the fact that Uptrain is processing personal data related to you;
In affirmative case, you can request access to the following information:
a) the purpose of processing;
b) the data subject categories;
c) the recipients or categories of recipients to whom the personal data were or are going to be disclosed, especially the recipients from third countries or international organizations;
d) whenever is possible, the period for which the personal data shall be stored or, if this is not possible, the criteria used for establishing this period;
e) the existence of the right to ask for the rectification or deletion of personal data or the restrictions of the personal data processing related to the data subject or the right to oppose to the processing;
f) the right to complain to a surveillance authority;
g) in case the personal data are not collected from the data subject, any available information related to their source;
h) the existence of an automated decisional process, including the creation of profiles, mentioned at article 22, paragraphs (1) and (4), as well as, at least in those cases, pertinent information regarding the used logics and related to the importance and consequences envisaged by such a processing for the data subject.
When the personal data are transferred to a third country or to an international organization, the data subject is entitled to be informed related to the adequate guarantees, based on the article 46 regarding the transfer.
The right to rectification
You have the right to get, without unjustified delay, the rectification of the inexact personal data. Taking into account the purpose of the processing, the data subject has the right to obtain the completion of the incomplete personal data, including by providing an additional declaration.
The right to data deletion ("the right to be forgotten")
You have the right to obtain the deletion of personal data related to you, without unjustified delay, in case of any of the following reasons:
(a) the personal data are not any more necessary for fulfilling the purpose for which they were collected or processed;
(b) the data subject withdraws the consent based on which takes place the processing and there is no legal ground for processing;
(c) the data subject is opposing to the processing, based on article 21, paragraph (1) and there are no legitimate reasons that prevail for the processing or the data subjects is opposing to processing based on article 21, paragraph (2);
(d) the personal data were illegally processed;
(e) the personal data must be deleted in order to abide a legal obligation, according to the European Union or domestic law.
The exercise of the aforementioned rights is not applicable when the processing is necessary for the following:
(a) to exert the right to freedom of expression and to information;
(b) to observe a legal obligation which stipulates the processing according to the European Union or domestic law or to fulfil a task executed in the public interest;
(c) for public interest reasons in the public health sector;
(d) for archiving in public interest, for scientific or historic research or for statistics purposes, whenever the right exerted can make impossible or can seriously affect the fulfilment of the respective processing objectives; or
(e) to determine, exert or defend a right in a court.
When deleting personal data we shall take the reasonable measures, including technical measures, in order to inform the third parties that process the personal data that the data subject requested the deletion by these controllers of any link to such data or of any copies or reproductions of the personal data.
The right to restrict the processing
You have the right to obtain the restriction of the processing in any of the following cases:
(a) the data subject is contesting the data accuracy, for the period that allows the controller to check the data accuracy;
(b) the processing is illegal, and the data subject is opposing to the personal data deletion, and requests in exchange to restrict their use;
(c) the controller is in no longer need of the processed data for the purpose of processing, however the data subject requires them for the exertion or defense of a right in court.
(d) the data subject has opposed to the processing, according to the article 21, paragraph (1), for the period when it is checked if the controller legitimate rights prevail on those of the data subject.
The right to data portability
You have the right to receive the personal data related to you and that were provided in a structured format, currently used and that can be automatically read and has the right to transmit these data to another controller, without obstacles from the controller to whom were provided the personal data, when:
(a) the processing is based on the consent based on article 6.1, letter a);
(b) the processing is made through automated means.
When exerting the right to the data portability, the data subject may request the transmission of data directly from a controller to another one, whenever this is possible from technical point of view.
The right to opposition
You have the right to opposition, taking into account your particular situation, to the processing, based on article 6, paragraph (1), letter (e) or (f), including to the creation of profiles based on these dispositions.
In this case, the personal data won't be processed, except when legitimate and imperious reasons are demonstrated, that justify the processing and that prevail on the interests, rights and freedoms of the data subject or when the purpose is to determine, exert or defend a right in a court.
When the personal data processing has as purpose the direct marketing, you have the right to opposition in any moment to the processing for this purpose of your related personal data, including for the creation of profiles, when this is linked to the respective direct marketing.
The automated individual decision process, including the creation of profiles
You have the right not to be the object of a decision based on an automated decision, including the profiles creation, which can have legal effects that relate to you or can affect you similarly in a significant way.
The above mentioned provisions do not apply when the decision:
(a) is needed for concluding or executing a contract between the data subject and you;
(b) is authorised by the European Union or domestic law and which stipulates, as well, the corresponding measures for protecting the rights, the freedoms and legitimate interests of the data subject; or
(c) is based on your explicit consent.
Modifications of the Personal Data Protection and Confidentiality Policy
If we consider that it is necessary a modification of the confidentiality rules, we shall publish those modifications on this page, in order to inform you on the types of information we collect and use. If you have any questions regarding our confidentiality policy, please write us at the contact details provided.
Thank you for using our services. We assure you that we shall do our best to offer you always the best services and to remain your friend for various online services.