Privacy Policy

This privacy policy describes the personal data (defined below) that UAB „Aosta“, company code 304846050, with a principal place of business at Šalčininkai Sodu 11, Republic of Lithuania (the “Company”) collects about you, how we use and protect this personal data, and the choices you can make about how we may use your personal data.

Throughout this privacy policy, “we”, “us” and “our” refer to Company and “you” or “your” refer to you personally (i.e., the individual who reads and agrees to be bound by these Terms), and, if you access TRAKK on behalf of a corporation or other legal entity, you and such corporation or other legal entity on whose behalf you access TRAKK.

Company complies with the General Data Protection Regulation (EU Regulation 2016/679) (“GDPR”). Your rights in relation to the GDPR are detailed below. If you have any questions, please contact us by e-mail at info@trakk.lt.

Please note that this privacy policy covers only those instances when the purposes and means of processing your personal data are determined by us (i.e., when we are a “controller” as defined by the GDPR). This privacy policy does not apply to any of your personal data which we may process on behalf of our customers (i.e., when we are a “processor” as defined by the GDPR); please therefore directly contact the relevant controller (e.g., your employer, if you are an employee of a Company’s customer) for more information about their privacy practices as it relates to such data.

1. COLLECTION AND USE OF PERSONAL DATA

Personal Data. “Personal data” is any information that relates to an identified or identifiable individual or as otherwise defined by an applicable data protection law or regulation. Company may collect a variety of personal data about you in a number of ways:

• Personal data you provide directly. We may collect personal data (e.g., name, midlename, surname, email address, username, phone number) that you provide directly, such as when you access TRAKK, create a user account with us (e.g., creating an admin account in TRAKK dashboard), register our products, or otherwise give us your name, email address, or other information.
• Personal data we collect automatically. We may automatically collect information about how you use and engage with our business, products and/or services over time (e.g., via our websites, dashboard, or applications), and some of this may be personal data.
• Personal data we collect from other sources. We may supplement other personal data we have collected with information from third parties or other publicly available sources.

Categories of personal data we typically collect

• Personal identifiers, such as your real name, alias, postal address, unique personal identifier, online identifier, government-issued identifiers, email address, phone number, account name, or other similar identifiers.
• Internet activity information, such as Internet protocol (IP) address, device and advertising identifiers, browser type, operating system, Internet service provider, the web page that directed you to our services, the date and time of your visit, information about how you engage with us.
• Commercial information, such as records of products or services purchased, obtained, or considered, or other purchasing or consumption histories or tendencies.
• Professional information, such as your title and other professional contact information.

Sensitive personal information: We do not collect any “sensitive personal information” as defined by GDPR. Accordingly, we do not use, disclose, sell, or share “sensitive personal information.”

2. HOW LONG DO WE STORE YOUR DATA?

Personal data is maintained on our servers or those of our service providers or other partners and is accessible by authorized employees, representatives, agents, and service providers who require access for the purposes described herein. We will retain personal data only for as long as necessary to fulfill the purpose for which it was collected or to comply with legal, regulatory or internal policy requirements.

3. TRANSFER AND DISCLOSURE OF PERSONAL DATA

We may disclose or transfer the categories of personal data outlined above in certain circumstances, including:

• To a buyer or other successor, in the event of a merger, acquisition, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets;
• To our subsidiaries, affiliates, agents, contractors, event sponsors, service providers and other partners we use to support our business.
• To comply with any court order, law or legal process, including to respond to any government or regulatory request;

4. COOKIES AND SIMILAR TECHNOLOGIES

Some personal data may be collected by us or our partners through cookies, pixel tags, or software development kits (“SDKs”), and other similar technologies for a variety of purposes.

5. ONWARD TRANSFER OF PERSONAL DATA

To facilitate our global operations, and in accordance with applicable laws, we may transfer your personal data to, and access your personal data from, our offices, subsidiaries, affiliates, and service providers in the various countries in which we or they operate.

6. SECURITY

We are committed to keeping personal data secure, and we have implemented contractual, technical and organizational measures to protect personal data against its unauthorized access, use, and disclosure.

7. OUR POLICY TOWARD MINORS

Our website, products, and services are not directed to minors under 16 and we do not knowingly collect personal data from minors or sell or share such data.

8. DATA PROTECTION RIGHTS, AND HOW TO EXERCISE

You may have a right to know what personal information Company has collected about you, and you may have a right to access and to obtain a copy of this personal data.

9. CHANGES AND OTHER UPDATES

We may amend our privacy policy from time to time to reflect changes in our practices, technologies, legal requirements, and other factors. We therefore encourage you to revisit this page periodically to stay informed about our collection, processing, and sharing of your personal data.

Terms and Conditions

UAB „Aosta“, company code 304846050, with a principal place of business at Šalčininkai, Sodų 11, Republic of Lithuania (the “Company”) is an administrator of an app “TRAKK” and makes information, products, and services available on the app “TRAKK” and/or website www.trakk.lt (collectively and separately referred to as “TRAKK”), subject to the following terms and conditions of use (the “Terms”). Before using TRAKK, please read these Terms carefully.

Throughout the Terms, “we”, “us” and “our” refer to Company and “you” or “your” refer to you personally (i.e., the individual who reads and agrees to be bound by these Terms), and, if you access TRAKK on behalf of a corporation or other legal entity, you and such corporation or other legal entity on whose behalf you access TRAKK.

1. ACCEPTANCE OF TERMS

By using TRAKK, you must be at least 18 years old (or the age of majority in your jurisdiction, if over 18) and agree to be bound by these Terms. If you do not agree to these Terms or are under the age of 18 (or the age of majority, if over 18), you may not use TRAKK. Company provides the information, products, and services on TRAKK to you, conditioned upon your acceptance, without modification and exclusions, of the Terms contained herein. Your use of TRAKK constitutes your agreement with such Terms.

We reserve the right to change these Terms, in whole or in part, in our own discretion at any time. Such modifications shall be effective immediately upon the linking of modified Terms to TRAKK, and, if you possess an account on TRAKK for which you have provided an e-mail address (“Account”), by communicating the modifications to you either:

• (i) when you log in to TRAKK or
• (ii) by sending the modifications to the e-mail address that you have provided to us.

You agree to comply with, and be bound by, any such modifications:

• (i) by continuing to use or access TRAKK after modified Terms are posted on TRAKK or
• (ii) if you possess an Account, by not requesting to terminate your Account within seven (7) days after receiving a notice of modifications as described above.

In addition, your use of a particular Company service may be subject to specific guidelines or rules (“Service-specific Rules”) posted from time to time and incorporated by this reference into Terms. If you do not accept our Terms or any Service-specific Rules, you should refrain from accessing TRAKK and its services. If we change any Service-specific Rules, we will post the changed version on the location where those Service-specific Rules normally appear.

Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the TRAKK or any service (or any part thereof). Company shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.

2. REGISTRATION

You may be required to register with TRAKK in order to access certain services and/or information. In the course of registration, you must:

• (a) provide true, accurate, current, and complete information on the registration form, and
• (b) maintain and promptly update such registration information as necessary.

If, after investigation, we have reasonable grounds to suspect that any user's information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate that user's account and prohibit any and all current or future use of TRAKK (or any portion thereof) by that user.

You may not use a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that Company rejects for any other reason in its sole discretion.

Your user name and password are for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access TRAKK, and agree not to lend or transfer your password or user name, or lend or otherwise transfer your use of or access to TRAKK, to any third party. You are fully responsible for all interactions with TRAKK that occur in connection with your password or user name.

You agree to notify Company immediately of any unauthorized use of your password or user name or any other breach of security related to your account or TRAKK, and to ensure that you “log off”/exit from your account with TRAKK (if applicable) at the end of each session. Company is not liable for any loss or damage arising from a user's failure to comply with this Section.

3. PROPRIETARY RIGHTS; LICENSE GRANTS

3.1. Software

The app TRAKK and/or any software that is incorporated in TRAKK (“Software”) is the copyrighted work of Company, its suppliers, and/or its licensors. Your rights to access, download, and use any Software will be subject to your agreement to the terms and conditions of the software license agreement identified on the site and/or in the Software (each, a “Product Terms of Service”).

You may not install any Software that is accompanied by or includes a Product Terms of Service unless you have agreed to the applicable Product Terms of Service. Except to the extent expressly permitted in any applicable Product Terms of Service, or expressly authorized under applicable law, you agree that you will not sell, lease, lend, convey, transmit, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or attempt to derive source code from the Software. Any reproduction, redistribution, or other use of the Software not in accordance with the Product Terms of Service and/or these Terms is expressly prohibited by law, and may result in civil, administrative, and criminal penalties.

3.2. Content

Unless otherwise specifically noted, the information, content, data, text, graphics, images, videos, documents, and other materials made available through TRAKK (“Content”) are and shall remain the property of the Company, its licensors, and/or suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws.

3.3. Proprietary Rights

Elements of TRAKK are protected by copyright, trade dress, trademark, unfair competition, and/or other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, or image from TRAKK may be copied or retransmitted unless expressly permitted in writing by the Company. Nothing contained on TRAKK should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Company’s or its suppliers’ trade names, trademarks or service marks without Company’s express prior written consent. “TRAKK” and other Company’s logos, trademarks, service marks, and product and service names are the intellectual property of the Company.

4. INFORMATION SUBMITTED THROUGH THE SITE

Company’s Privacy Policy (the “Privacy Policy”) addresses our processing of personal data you submit through TRAKK. Please refer to the Privacy Policy for information about the personal data we collect about you, how we use and protect this personal data, and the choices you can make about how we may use your personal data.

You represent and warrant that any information that you provide in connection with your use of TRAKK is and shall remain true, accurate, and complete, and that you will maintain and update such information regularly.

Unless otherwise specifically agreed to by you and Company, by uploading, e-mailing, posting, publishing or otherwise transmitting information, sample data, event types, tags, comments, suggestions, content or other materials to TRAKK or Company (each a “Contribution”), you hereby acknowledge that such Contribution is non-confidential and automatically grant (or warrant that the owner of such rights has expressly granted) to Company a perpetual, irrevocable, world-wide, non-exclusive, sublicensable, fully paid-up, and royalty-free license to use, copy, distribute, perform, display, modify, adapt, publish and transmit such Contributions.

5. PURCHASES

If you wish to purchase our products and services, for your convenience, we may provide links on TRAKK to a web store or e-commerce platform where you can make such purchases. Please be aware that the web store or e-commerce platform may be hosted, operated, or managed by a third party, and may be governed by such third party’s website terms and conditions and privacy policy. We encourage you to read carefully those third-party terms and conditions and privacy policy prior to making any purchases. These Terms do not govern, and we are not responsible or liable for, your interaction with such third-party managed web store or e-commerce platform.

6. RULES OF CONDUCT

While using Content and/or TRAKK, you will comply with all applicable laws, rules, and regulations. In addition, Company expects users of the Content and/or TRAKK to respect the rights and dignity of others.

To report any potential misuse or violation of this Section, please email info@trakk.lt.

7. LINKS

You may find links to other websites or apps on TRAKK. Those links will let you leave TRAKK. The Company exercises no control whatsoever over such third-party websites and any contents or web-based resources found on those third-party sites or apps and is not responsible or liable for the availability thereof or the content, advertising, products or other materials thereon or any updates or changes thereto.

8. DISCLAIMER OF WARRANTIES

YOUR USE OF TRAKK IS AT YOUR OWN RISK. TRAKK AND ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH TRAKK ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. COMPANY AND/OR ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO TRAKK OR ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES CONTAINED THEREIN, WHETHER EXPRESS OR IMPLIED.

9. LIMITATION OF LIABILITY

IN NO EVENT SHALL COMPANY AND/OR ITS SUPPLIERS/LICENSORS AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF TRAKK OR THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, PROFITS OR OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF TRAKK (HOWEVER ARISING, INCLUDING CONTRACT, EQUITY, NEGLIGENCE OR OTHER TORTIOUS ACTION) EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES.

10. RELEASE

In the event that you have a dispute with one or more TRAKK users, you release Company (and our officers, directors, agents, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

11. INDEMNITY

To the fullest extent permitted by law, you shall indemnify, defend, and hold harmless Company, its licensors/suppliers, and their respective officers, directors, employees, and agents from any and all claims, demands, damages, costs, and liabilities, including reasonable attorneys’ fees, arising out of or in connection with your use of TRAKK.

12. TERMINATION

Company may, in its sole discretion, at any time for any reason or no reason, terminate your access to TRAKK and any account(s) you may have in connection with TRAKK, including if Company believes that you have violated or acted inconsistently with the letter or spirit of these Terms.

13. GENERAL

The Terms constitute the entire agreement between you and Company with respect to your use of TRAKK and supersede all prior or contemporaneous communications and proposals. The Terms and the relationship between each user and Company shall be governed by the laws of the Republic of Lithuania, and each party shall submit to the personal and exclusive jurisdiction of the courts located within Vilnius, Republic of Lithuania.

14. CONTACT; NOTICES

If you have any general question, comment, or complaint regarding TRAKK, please send an e-mail to info@trakk.lt. Formal notices to the Company shall be sufficient only if in writing and transmitted via personal delivery or delivered by courier service or by certified or registered mail, return receipt requested, to: UAB „Aosta“, Sodų street 11, Šalčininkai, Republic of Lithuania, with a copy to email info@trakk.lt.