Politique de confidentialité

Data Processing Owner

Joniel of Rabba Ketty & C.S.A.S. - Via Tuscolana 823, 00175 Rome (Italy) | VAT 07154621002

Email address of the Data Controller: info@upperistheway.it
 

Types of Data collected

Among the Personal Data collected by this Application, independently or through third parties, there are: name; e-mail; Cookies; Usage data.

Full details on each type of data collected are provided in the dedicated sections of this privacy policy or through specific information texts displayed before the data is collected.
Personal Data may be freely provided by the User or, if of Usage Data, collected automatically during the use of this Application.
Unless otherwise specified, all the Data requested by this Application are mandatory. If the User refuses to communicate them, it may be impossible for this Application to provide the Service. In cases where this Application indicates some Data as optional, Users are free to refrain from communicating such Data, without this having any consequence on the availability of the Service or on its operation.
Users who have doubts about which Data are mandatory, they are encouraged to contact the Owner.
Any use of Cookies - or other tracking tools - by this Application or by the owners of third party services used by this Application, unless otherwise specified, has the purpose of providing the Service requested by the User, in addition to the other purposes described in this document and in the Cookie Policy, if available.

The User assumes responsibility for the Personal Data of third parties obtained, published or shared through this Application and guarantees to have the right to communicate or disseminate them, freeing the Owner from any liability towards third parties.

Method and place of processing of the collected Data

Methods of treatment

The Data Controller adopts the appropriate security measures to prevent unauthorized access, disclosure, modification or destruction of Personal Data.
The processing is carried out using IT and/or telematic tools, with organizational methods and with logic strictly related to the purposes indicated. In addition to the Data Controller, in some cases, other subjects involved in the organization of this Application (administrative, commercial, marketing, legal, system administrators) or external subjects (such as third party technical service providers, postal couriers, hosting providers, IT companies, communication agencies) also appointed, if necessary, as Data Processors by the Data Controller. The updated list of Managers can always be requested from the Data Controller.

Legal basis of the processing

The Data Controller processes Personal Data relating to the User in the event that one of the following conditions exists:

• the User has given consent for one or more specific purposes; Note: in some jurisdictions, the Data Controller may be authorized to process Personal Data without the User's consent or another of the legal bases specified below, as long as the User does not object ("opt-out") to such treatment. However, this is not applicable if the processing of Personal Data is governed by European legislation on the protection of Personal Data;
• the processing is necessary for the execution of a contract with the User and/or for the execution of pre-contractual measures;
• the processing is necessary to fulfill a legal obligation to which the Data Controller is subject;
• the processing is necessary for the execution of a task of public interest or for the exercise of public powers vested in the Data Controller;
• the processing is necessary for the pursuit of the legitimate interest of the Data Controller or of third parties.

However, it is always possible to ask the Data Controller to clarify the concrete legal basis of each treatment and in particular to specify whether the treatment is based on the law, provided for by a contract or necessary to conclude a contract.

Location

The Data is processed at the Data Controller's operating offices and in any other place where the parties involved in the processing are located. For more information, contact the Owner.
The User's Personal Data may be transferred to a country other than the one in which the User is located. To obtain further information on the place of processing, the User can refer to the section relating to the details on the processing of Personal Data.

In case of superior protection, the User has the right to obtain information regarding the legal basis for the transfer of Data outside the European Union or to an international organization governed by public international law or constituted by two or more countries , such as the UN, as well as regarding the security measures adopted by the Data Controller to protect the Data.

If one of the transfers described above takes place, the User can refer to the respective sections of this document or request information from the Data Controller by contacting him at the details indicated at the beginning.

Retention period

The data are processed and stored for the time required by the purposes for which they were collected.

Therefore:

• Personal Data collected for purposes related to the execution of a contract between the Owner and the User will be retained until the execution of this contract is completed.
   
• Personal Data collected for purposes attributable to the legitimate interest of the Data Controller will be retained until such interest is satisfied. The User can obtain further information regarding the legitimate interest pursued by the Data Controller in the relevant sections of this document or by contacting the Data Controller.
   

When the processing is based on the User's consent, the Owner may keep the Personal Data for longer until said consent is revoked. Furthermore, the Data Controller may be obliged to keep Personal Data for a longer period in compliance with a legal obligation or by order of an authority.

At the end of the retention period, the Personal Data will be deleted. Therefore, upon expiry of this term, the right of access, cancellation, rectification and the right to data portability can no longer be exercised.
 

Purpose of Processing the Collected Data

The User Data is collected to allow the Owner to provide the Service, fulfill legal obligations, respond to requests or executive actions, protect its rights and interests (or those of Users or third parties), identify any malicious or fraudulent activity, as well as for the following purposes: Contacting the User, Statistics and Viewing content from external platforms.

To obtain detailed information on the purposes of the processing and on the Personal Data processed for each purpose, the User can refer to the section "Detailed information on the processing of Personal Data".
 

Details on the processing of Personal Data

Personal Data is collected for the following purposes and using the following services:

• Contacting the User

  Contact form (this Application)

  By filling in the contact form with their Data, the User consents to their use to respond to requests for information, quotes, or any other kind indicated by the header of the form.

  Personal Data collected: email; name.

  Contact by phone (this Application)

  Users who have provided their telephone number may be contacted for commercial or promotional purposes related to this Application, as well as to satisfy requests for support.

  Personal Data processed: telephone number.

  Mailing list or newsletter (this Application)

  By registering with the mailing list or newsletter, the User's email address is automatically added to a list of contacts to which email messages containing information, including commercial and promotional information, relating to this Application may be sent. The User's email address may also be added to this list as a result of registering with this Application or after making a purchase.

  Personal Data collected: email.
   

  Instagram Widgets (Instagram, Inc.)

  Instagram is an image viewing service managed by Instagram, Inc. which allows this Application to integrate such contents within its pages.
   

  Personal Data collected: Cookies; Usage data.

  Place of processing: United States – Privacy Policy.

  • Managing contacts and sending messages

    This type of service allows you to manage a database of email contacts, telephone contacts or contacts of any other type, used to communicate with the User.
    These services could also allow you to collect data relating to the date and time of viewing of the messages by the User, as well as the User's interaction with them, such as information on clicks on the links inserted in the messages.

    Mailchimp (The Rocket Science Group, LLC.)

    Mailchimp is an email address management and sending service provided by The Rocket Science Group, LLC.

    Personal Data processed: surname; Cookies; e-mail; name.

    Place of processing: United States – Privacy Policy. Participant of the Privacy Shield.
     

  • Payment management

    Payment management services allow this Application to process payments by credit card, bank transfer or other means. The data used for payment are acquired directly by the manager of the requested payment service without being processed in any way by this Application.
    Some of these services could also allow the scheduled sending of messages to the User, such as emails containing invoices or payment notifications.

    PayPal (PayPal)

    PayPal is a payment service provided by PayPal Inc., which allows the User to make online payments.

    Personal Data processed: various types of Data as specified in the privacy policy of the service.

    Place of processing: Consult the Paypal privacy policy – Privacy Policy.

    Stripe (Stripe Inc)

    Stripe is a payment service provided by Stripe Inc.

    Personal Data processed: various types of Data as specified in the privacy policy of the service.

    Place of processing: United States – Privacy Policy. Participant of the Privacy Shield.

    Scalapay SRL

    In order to offer you Scalapay SRL's payment solutions, we will share some of your personal data with Scalapay, such as contact information and order details. In this way, Scalapay will verify that your purchase complies with the criteria for using Scalapay solutions and will be able to offer you personalized payment options.

     

    General information on Scalapay can be consulted on the website www.scalapay.com.

    Your personal data is processed in compliance with applicable data protection legislation and in accordance with Scalapay's privacy policy (www.scalapay.com/en/privacy)
    
     

  • Interaction with live chat platforms

    This type of service allows you to interact with live chat platforms, managed by third parties, directly from the pages of this Application. This allows the User to contact the support service of this Application or for this Application to contact the User while he is browsing its pages.
    In the event that an interaction service with live chat platforms is installed, it is it is possible that, even if the Users do not use the service, the same collects Usage Data relating to the pages in which it is installed. Also, live chat conversations may be recorded.
     

  • Interaction with data collection platforms and other third parties

    This type of service allows Users to interact with data collection platforms or other services directly from the pages of this Application for the purpose of saving and reusing data.
    In the event that one of these services is installed, it is possible that, even if the Users do not use the service, the same collects Usage Data relating to the pages in which it is installed.

    Mailchimp widget (The Rocket Science Group LLC)

    The Mailchimp widget allows you to interact with the Mailchimp email address and message sending management service provided by The Rocket Science Group LLC.

    Personal Data processed: email; name.

    Place of processing: United States – Privacy Policy. Participant of the Privacy Shield.
     

  • Interaction with external social networks and platforms

    This type of service allows you to interact with social networks, or with other external platforms, directly from the pages of this Application.
    The interactions and information acquired from this Application are in any case subject to the privacy settings of the related to each social network.
    This type of service could still collect traffic data for the pages where the service is installed, even when Users do not use it.
    It is recommended to log out of the respective services to ensure that the data processed on this Application is not linked to the User's profile.

    Like button and Facebook social widgets (Facebook, Inc.)

    The Facebook "Like" button and social widgets are services allowing interaction with the Facebook social network, provided by Facebook, Inc.

    Personal Data processed: Cookies; Usage data.

    Place of processing: United States – Privacy Policy . Participant of the Privacy Shield.

    PayPal button and widget (Paypal)

    The PayPal button and widget are services for interacting with the PayPal platform, provided by PayPal Inc.

    Personal Data processed: Cookies; Usage data.

    Place of processing: Consult the Paypal privacy policy – Privacy Policy.
     

  • Registration and authentication

    By registering or authenticating, the User allows the Application to identify him and give him access to dedicated services.
    Depending on what is indicated below, the registration and authentication services could be provided with the third-party help. If this happens, this application will be able to access some Data stored by the third party service used for registration or identification.

    Stripe OAuth (Stripe Inc)

    Stripe OAuth is a registration and authentication service provided by Stripe, Inc. and connected to the Stripe network.

    Personal Data processed: various types of Data as specified in the privacy policy of the service.

    Place of processing: United States – Privacy Policy. Participant of the Privacy Shield.
     

  • Remarketing and behavioral targeting

    This type of service allows this Application and its partners to communicate, optimize and serve advertisements based on the past use of this Application by the User.
    This activity is performed by tracking the Data of Use and use of Cookies, information that is transferred to the partners to whom the remarketing and behavioral targeting activity is connected.
    In addition to the possibility of opting out offered by the services listed below, the The user can opt out of receiving cookies relating to a third party service by visiting the  Opt-out page of the Network Advertising Initiative.

    Google Ads Remarketing (Google LLC)

    Google Ads Remarketing is a remarketing and behavioral targeting service provided by Google LLC that connects the activity of this Application with the Google Ads advertising network and the DoubleClick Cookie.

    Users can choose not to use Google cookies for ad personalization by visiting the   Google ad settings .
    Personal Data processed: Cookies; Usage data.
     

    Place of processing: United States – Privacy Policy – Opt Out . Participant of the Privacy Shield.

    Facebook Custom Audience (Facebook, Inc.)

    Facebook Custom Audience is a remarketing and behavioral targeting service provided by Facebook, Inc. which connects the activity of this Application with the Facebook advertising network.

    Personal Data processed: Cookies; email.

    Place of processing: United States – Privacy Policy – Opt Out . Participant of the Privacy Shield.

    Facebook Remarketing (Facebook, Inc.)

    Facebook Remarketing is a remarketing and behavioral targeting service provided by Facebook, Inc. that connects the activity of this Application with the Facebook advertising network.

    Personal Data processed: Cookies; Usage data.

    Place of processing: United States – Privacy Policy – Opt Out . Participant of the Privacy Shield.

  
   

• Statistics

  The services contained in this section allow the Data Controller to monitor and analyze traffic data and are used to keep track of User behavior.
   

  Google Analytics (Google Inc.)

  Google Analytics is a web analytics service provided by Google Inc. ("Google"). Google uses the Personal Data collected for the purpose of tracking and examining the use of this Application, compiling reports and sharing them with other services developed by Google.
  Google may use the Personal Data to contextualize and personalize the ads of its advertising network .

  Personal Data processed: Cookies; Usage data.

  Place of processing: United States – Privacy Policy – Opt Out. Participant of the Privacy Shield.

  Facebook Ads conversion tracking (Facebook pixel) (Facebook, Inc.)

  Facebook Ads conversion tracking (Facebook pixel) is a statistics service provided by Facebook, Inc. that connects data from the Facebook advertising network with actions performed within this Application. The Facebook pixel tracks conversions that can be attributed to Facebook, Instagram and Audience Network ads.

  Personal Data processed: Cookies; Usage data.

  Place of processing: United States – Privacy Policy. Participant of the Privacy Shield.

  Google Ads (Google Inc.) conversion tracking

  Google Ads conversion tracking is a statistics service provided by Google Inc. that connects data from the Google Ads advertising network with actions performed within this Application.

  Personal Data processed: Cookies; Usage data.

  Place of processing: United States – Privacy Policy. Participant of the Privacy Shield.

  Google Analytics with anonymised IP (Google Ireland Limited)

  Google Analytics is a web analytics service provided by Google Ireland Limited ("Google"). Google uses the Personal Data collected for the purpose of tracking and examining the use of this Application, compiling reports and sharing them with other services developed by Google.
  Google may use the Personal Data to contextualize and personalize the ads of its advertising network .
  This integration of Google Analytics makes your IP address anonymous. The anonymization works by shortening the IP address of the Users within the borders of the member states of the European Union or in other countries adhering to the agreement on the European Economic Area. Only in exceptional cases, the IP address will be sent to Google servers and shortened within the United States.
   

  Personal Data collected: Cookies; Usage data.

  Place of processing: Ireland – Privacy Policy  – Opt Out. Participant of the Privacy Shield.
   

  • Transfer of Data outside the EU

    The Data Controller may transfer Personal Data collected within the EU to third countries (i.e. all countries not belonging to the EU) only in accordance with a specific legal basis. Therefore, such Data transfers are performed according to one of the legal bases described below.

    The User can request information from the Owner regarding the applicable legal basis that is concretely applicable to each individual service.

    Other legal basis for the transfer of Data to third countries (this Application)

    When no other legal basis is applicable, Personal Data may be transferred from the EU to third countries only under one of the following conditions:
    
    the transfer is necessary to execute a contract concluded between the User and the Controller or measures pre-contractual procedures adopted at the request of the User;
    
    the transfer is necessary to conclude or execute a contract stipulated in the interest of the User by the Owner and another natural or legal person;
    
    the transfer it is necessary for reasons of public interest; the transfer is necessary to establish, exercise or defend a legal claim;
    
    the transfer is necessary to protect the vital interests of the data subject or of other persons, when the data subject is physically or legally incapable of giving consent . In such cases, the Owner will inform the User on the legal basis applicable to the specific transfer through this Application.

    Personal Data processed: various types of Data.

    Transfer of Data from the EU and/or Switzerland to the United States based on the Privacy Shield (this Application)

    When this is the legal basis, the transfer of Personal Data from the EU or Switzerland to the United States takes place on the basis of the EU - US or Switzerland - US Privacy Shield agreement.
    In particular, Personal Data is transferred to subjects who have self-certified within the framework of the Privacy Shield and therefore guarantee an adequate level of protection for the transferred Data. The services affected by the data transfer are listed in the respective sections of this document. Among them, those adhering to the Privacy Shield can be identified by consulting the relative privacy policy or checking the status of their registration in the official Privacy Shield list. The rights of Users under the Privacy Shield are described in an always updated form on the website of the United States Department of Commerce. The transfer of Personal Data from the EU or Switzerland to the United States to subjects who are not (no longer) registered with the Privacy Shield is admissible only according to another valid legal basis. Users can request information from the Owner regarding these legal bases.

    Personal Data processed: various types of Data.

    Transfer of Data to countries that guarantee European standards (this Application)

    When this is the legal basis, the transfer of Personal Data from the EU to third countries takes place on the basis of an adequacy decision adopted by the European Commission. The European Commission adopts adequacy decisions with reference to individual third countries that it deems to guarantee a level of protection of Personal Data comparable to that provided for by the European legislation on the protection of Personal Data. The User can view the updated list of adequacy decisions on the website of the European Commission.

    Personal Data processed: various types of Data.

    Transfer to third countries based on consent (this Application)

    When this is the legal basis, the transfer of Personal Data from the EU to third countries takes place only when the User has expressly consented to such transfer after having been informed about the risks due to the absence of an adequacy decision and about the guarantees adequate adopted. In such cases, the Owner informs the Users and collects their consent through this Application.

    Personal Data processed: various types of Data.

    Transfer to third countries on the basis of standard contractual clauses (this Application)

    When this is the legal basis, the transfer of Personal Data from the EU to third countries takes place on the basis of standard Personal Data protection clauses adopted by the European Commission.
    In such cases, the recipients of the Data have agreed to process the Personal Data in accordance with the levels of protection provided by the legislation. Users can request further information by contacting the Owner at the contact details indicated in this document.

    Personal Data processed: various types of Data.
     

  Further information on Personal Data

  • Sale of goods and services online

    The Personal Data collected is used for the provision of services to the User or for the sale of products, including payment and any delivery. The Personal Data collected to complete the payment may be those relating to the credit card, the current account used for the transfer or other payment instruments provided. The Payment Data collected by this Application depends on the payment system used.
     

  • Automated decision making

    When a decision that can produce legal effects for the User or can affect his person in a similarly significant way is taken exclusively with technological tools and without human intervention, there is an automated decision-making process.
    Within the scope of the purposes described in this document, this Application may use the User's Personal Data to make decisions based wholly or partially on automated processes. This Application uses automated decision-making processes to the extent that it is necessary to conclude or execute a contract between the User and the Owner or, if required by law, subject to the consent given by the User.
    The automated decisions depend on technological tools provided by the Owner or from third parties and are generally based on algorithms that respond to predefined criteria. The rationale behind automated decision-making is to:

    • allow or improve decision-making;
    • guaranteeing Users fair and impartial treatment;
    • reduce the potential harm resulting from human error, personal bias or other similar circumstances that could lead to discrimination or an imbalance in the treatment of individuals;
    • reduce the risk of non-fulfillment of the obligations of a contract by the User.

    To obtain further information on purposes, any third-party services and on the specific logic of the automated decision-making processes adopted by this Application, the User can refer to the respective sections of this document.

    Effects of automated decision-making processes and rights of Users subject to them

    Users subject to this type of treatment can exercise specific rights aimed at preventing or limiting the potential effects of automated decision-making processes. In particular, Users have the right to:

    • receive an explanation of any decision made as a result of an automated decision-making process and express an opinion in this regard;
    • dispute the decision by asking the Data Controller to reconsider it or adopt a new decision on different bases;
    • request and obtain human intervention from the Data Controller in the processing. To obtain further information on Users' rights and on their exercise, the User can refer to the section of this document relating to Users' rights.
       

  • The Service is not intended for children under the age of 13

    Users declare that they are of age according to the legislation applicable to them. Minors may use this Application only with the assistance of a parent or guardian. Under no circumstances may children under the age of 13 use this Application.
     

• Viewing content from external platforms

  This type of service allows you to view content hosted on external platforms directly from the pages of this Application and interact with them.
  This type of service could still collect data on web traffic relating to the pages where the service is installed, even when users don't use it.

   

Your rights

Users can exercise certain rights with reference to the Data processed by the Owner.

In case of superior protection, the User can exercise all the rights listed below. In any other case, the User can contact the owner to find out which rights are applicable in his case and how to exercise them.

In particular, the User has the right to:

• revoke the consent at any time. The User can revoke the previously expressed consent to the processing of their Personal Data.
  
  
• object to the processing of their Data. The User can object to the processing of their Data when it occurs on a legal basis other than consent. Further details on the right to object are set out in the section below.
   
• access their Data. The User has the right to obtain information on the Data processed by the Data Controller, on certain aspects of the processing and to receive a copy of the Data treated.
   
• verify and request rectification. The User can verify the correctness of his Data and request its updating or correction.
   
• obtain the limitation of the treatment. When certain conditions are met, the User can request the limitation of the processing of their Data. In this case the Owner will not treat the Data for any other purpose than their conservation.
   
• obtain the cancellation or removal of their Personal Data. When certain conditions are met, the User can request the cancellation of their Data by the Owner.

• receive their Data or have them transferred to another holder. The User has the right to receive their Data in a structured format, commonly used and readable by automatic device and, where technically feasible, to obtain its unhindered transfer to another holder. This provision is applicable when the Data are processed with automated tools and the processing is based on the User's consent, on a contract of which the User is a party or on contractual measures connected to it.
   
• propose a complaint. The User can lodge a complaint with the competent personal data protection supervisory authority or take legal action.

Details on the right to object

When Personal Data is processed in the public interest, in the exercise of public powers vested in the Data Controller or to pursue a legitimate interest of the Data Controller, Users have the right to object to the processing for reasons connected with their particular situation .

Users are reminded that, should their Data be processed for direct marketing purposes, they may object to the processing without providing any reasons. To find out if the Data Controller processes data for direct marketing purposes, Users can refer to the respective sections of this document.

How to exercise your rights

To exercise the User's rights, Users can address a request to the contact details of the Owner indicated in this document. Requests are filed free of charge and processed by the Data Controller as soon as possible, in any case within a month.
 

Applicability of the higher level of protection

While most of the provisions of this document apply to all Users, some are expressly subject to the applicability of a higher level of protection to the processing of Personal Data.

This superior level of protection is always guaranteed when the treatment:

• is performed by a Data Controller based in the EU; or
• concerns Personal Data of Users located in the EU and is functional to the offer of goods or services for consideration or free of charge to such Users; or
• concerns Personal Data of Users located in the EU and allows the Owner to monitor the behavior of such Users to the extent that such behavior takes place within the Union.
   

Further information on processing

Defense in court

The User's Personal Data may be used by the Owner in court or in the preparatory stages for its eventual establishment for the defense against abuse in the use of this Application or related Services by the User.
The User declares to be aware that the Owner may be obliged to disclose the Data by order of the public authorities.

Specific information

At the request of the User, in addition to the information contained in this privacy policy, this Application could provide the User with additional and contextual information regarding specific Services, or the collection and processing of Personal Data.

System and maintenance logs

For needs related to operation and maintenance, this Application and any third party services used by it may collect system logs, i.e. files that record the interactions and which may also contain Personal Data, such as the User IP address.

Information not contained in this policy

Further information in relation to the processing of Personal Data may be requested at any time from the Data Controller using the contact details.

Response to “Do Not Track” requests

This Application does not support "Do Not Track" requests.
To find out if any third-party services used support them, the User is invited to consult the respective privacy policies.

Changes to this privacy policy

The Data Controller reserves the right to make changes to this privacy policy at any time by notifying Users on this page and, if possible, on this Application as well as, if technically and legally feasible, by sending a notification to Users through a of the contact details in its possession. Therefore, please consult this page frequently, referring to the date of the last modification indicated at the bottom.

If the modifications concern treatments whose legal basis is consent, the Data Controller will collect the consent of the User, if necessary.