Thank you for accessing Avocado! Our team is dedicated to protecting the privacy rights of our users.
Personal Data Protection and Confidentiality Thank you for accessing www.avocado.red! Our
team is dedicated to protecting the privacy rights of our users.
We aim to provide a secure online
that does not interfere 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.avocado.red, both on the web platform, as well as on mobile apps (hereinafter collectively referred to as "the
platform"). Any further reference to www.avocado.red shall imply our Company, Uptrain Works SRL, as service providers.
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"
mfeans 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
When creating an account on www.avocado.red, you are required to provide your first and last
name, your email address, telephone number, and information regarding your profession The creation of your account
on our website and the subscription to our services facilitate us the access to your personal data. Furthermore, if
you are a service provider on our platform, you may be required to present certifications regarding you expertise
The Responsibility of Personal Data Processing Based on the authorization provided, by
yourself, or your employer, who shall act as joint data controller, that have an account on www.avocado.red, in
order to provide our 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,
(+40) 743 751 175 Email: email@example.com Contact details of the Data Protection Officer (DPO)
contact the company DPO at the following email address: firstname.lastname@example.orgPublic 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.
Images, audio video – Having
in mind that the services shall be carried out via live online video conferences, data regarding sound and the
images of the participants shall be processed. In order to preserve confidentiality privileges, no recordings of the
sessions shall be stored by Avocado, and no other person shall have access to these sessions, with the exception of
Information about personal and professional criteria – which professional and
personal topics and when were searched, accessed, used as well as their progress, starting and completion date and
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 cookies and similar tracking technologies
- Cookies are small data files stored on your hard drive or in device memory that help us improve and keep secure
online activity on our website, such as the web pages you visit, the links you click, and the searches you conduct
on our site. For more information on cookies see section "Cookies and other similar technologies" below
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 Company, 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.avocado.red platform the
interaction between professional users, such as trainers/coaches/psychologists/legal consultants and client users,
through dedicated online 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 user account By registering a user account on our platform, you expressly agree to the
terms and conditions for the platform use, which can be found at /terms, these having the
value of an agreement between yourself and our Company. In this regard, the data provided by you through the user
account shall be processed according to the article 6.1, letter b) of GDPR.
User data modifications You have the right 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.
Data security For the data security and confidentiality, your account is protected by a
The data processing within the context of general use of our 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 Company'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 including with employers, in our capacity of data controller of the data we process in their own
interest. For such reasons, we 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 Company's legitimate interest.
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.
Newsletter notifications By the subscription to our newsletters, we
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 Company 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, we
shall make questionnaires available to our users. 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 The Company shall not transmit
(by sales or by leasing) to third parties your personal data. However, the Company can send this information to
third parties in the following cases:
With your consent;
In case it is necessary to provide some information in view of providing the products and services requested
When this information is needed by the company partners for improving or facilitating some services or
products requested by you.
The partner companies have the right to use the personal data provided directly by the Company only if it is
required for assistance or support services.
We may transmit personal data to the authorities or public institutions, according to law and in good faith,
it is stipulated by a legal provision;
it is protecting the rights of the Company or its affiliates;
it is preventing an felony or it is protecting the national security;
it is protecting the individual security or the public security.
In case the Company shall merge or shall be acquired totally or partially by another company, the database is
transferred to the new controller. In case the Company 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 the Company's
The empowerment of the third parties for hosting services, security, maintenance and marketing and
technical support activities In order to provide its services, the Company empowers the following
third parties for its legitimate interest, and the mandated companies 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:
Services: Google Cloud - Belgium (europe-west 1), located at:
https://cloud.google.com/about/locations/?region=europe#region Mailing, newsletter - and customer
support services: Sendmachine.com –provided by Zooku Solutions SRL, Str. Iuliu
Maniu Nr. 14, Targu Mures, Jud. Mures, Romania - https://www.sendmachine.com/termeni-si-conditii.html Hubspot.com
– provided by HubSpot, Inc., 25 First Street, 2nd Floor, Cambridge, MA 02141 USA
https://legal.hubspot.com/privacy-policy 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.
A cookie is an information transmitted on the
computer of a user, which identifies information regarding the data subjects. The Company and the mandated companies
are using cookies for providing an easier navigation and in order to track / retain the visitors preferences, for
statistical purposes, for informing, optimizing and disseminating announcements / commercials taking into account
including on the browsers for the access of these websites or on the third parties websites that host our plug-ins.
The web beacons are transparent pixel images that are used for collecting information related to the website
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 the Company for
the following purpose:
Authentication and log in: keeping the user logged in, by retaining relevant information
about him/her and by the experience customization within the platform functionalities use.
Functioning, preferences setting, analysis and performance: Saving the settings and the
preferences of various functionalities, such as language, communication modality, site navigation,
manifested interests, searches.
Publicity The Company 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 the Company 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.
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 Google Analytics programme is used by the platform in order to analyse the internet traffic provided by
Google, by using cookies that help the Company to understand the way in which the users are using the
platform, by compiling reports related to the platform activity.
The Google Adwords programme: is used for providing information to the users that search for our services,
as well as customised adds, based on behaviour.
The users can manifest their opt out for Google Analytics, by accessing the link:
https://tools.google.com/dlpage/gaoptout The user's 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 our 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 the Company is processing personal data related to you;
In affirmative case, you can request
access to the following information:
the purpose of processing;
the data subject categories;
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;
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;
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;
the right to complain to a surveillance authority;
in case the personal data are not collected from the data subject, any available information related to
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
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
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
the personal data are not any more necessary for fulfilling the purpose for which they were collected or
the data subject withdraws the consent based on which takes place the processing and there is no legal
ground for processing;
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);
the personal data were illegally processed;
the personal data must be deleted in order to abide a legal obligation, according to the European Union or
The exercise of the aforementioned rights is not applicable when the processing is necessary for the following:
to exert the right to freedom of expression and to information;
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;
for public interest reasons in the public health sector;
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
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.
to restrict the processing You have the right to obtain the restriction of the processing in any of
the following cases:
the data subject is contesting the data accuracy, for the period that allows the controller to check the
the processing is illegal, and the data subject is opposing to the personal data deletion, and requests in
exchange to restrict their use;
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.
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:
the processing is based on the consent based on article 6.1, letter a);
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
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.
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:
is needed for concluding or executing a contract between the data subject and you;
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
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