Terms of use and privacy policy of iTrendUp applications

By accepting these terms of use, you create a contract concerning the usage of iTrendUp application with Jurasoft AG, situated in Tauentzienstr. 9-12, 10789 Berlin.

1. Scope of application

Jurasoft AG is a member of RA-MICRO corporate group. The following terms of use shall apply in the relevant version in addition to the general terms and conditions of RA-MICRO Software AG. Use the following link for further information: General terms and conditions.

These terms of use apply to all application updates and upgrades, which are provided for download by Jurasoft AG. Except there is a separate agreement on this matter. In such a case, the separate agreement for the relevant application update or upgrade shall apply. Jurasoft AG reserves all other rights.

2. Technical requirements

A mobile device that meets certain system requirements is required in order to use Jurasoft AG apps. Jurasoft AG is not responsible for default in complying with necessary system requirements. This is solely the responsibility of the user.

3. Cooperation duties

While using the software, the user is obliged to conduct all required duties of care for frictionless use of the application. In particular, the user is required to back up own data regularly, so in case of data loss it can be restored.

4. Usage rights and copyrights

  1. The usage of certain contents or functions within the application can be liable to special conditions.
  2. Jurasoft AG applications and, if applicable, any content that is offered in addition, are protected under the copyright law. Jurasoft AG provides these rights solely for private, non-commercial use by the customer/user. With the purchase the customer acquires simple, non-exclusive, non-transferable to third parties and temporary rights of use of the application and the associated services. The right of use permits the access to the information research within the provided services as well as the transfer of individual search results or parts of it into documents of the customer.
  3. Any other form of use, which exceeds the above mentioned rights, is hereby excluded and shall require a prior and written approval of Jurasoft AG. In particular, without the proper approval of Jurasoft AG the content may not be amended, copied, published, transferred, distributed or stored.
  4. It is not permitted to sell or transfer the application to third parties in any way (including renting, leasing, lending or sublicensing). In addition, it is forbidden to change, duplicate (reverse engineer), decompile, disassemble the program code or parts thereof, extract the source code in any other way as well as to produce derived forms of the application.

5. Warranty and liability

  1. Jurasoft AG shall assume no liability for the correctness, completeness or actuality of content or parts of it that is provided by the applications.
  2. Jurasoft AG shall assume no liability for the compatibility of the content provided by the applications with the hardware and software of the customer devices. Jurasoft AG shall in addition assume no liability for the availability of the content at all times or without any restriction at certain times or that certain performance and functional requirements are met.
  3. Jurasoft AG reserves the right to cease offering the applications or the content provided by them in whole or in part on a temporary or a permanent basis.
  4. Jurasoft AG shall not be liable for any damage caused by errors, delays or interruptions in the data transfer or during the event of faults in the technical systems and services. There shall be no liability for incorrect or incomplete data or damages caused by computer viruses or similar damages while using Jurasoft AG applications as long as this is not due to malicious intent or gross negligence on behalf of Jurasoft AG.
  5. Jurasoft AG is only responsible for the content that is actually been created, published or distributed by Jurasoft AG itself.
  6. Jurasoft AG has no influence and cannot assume any warranty on content from external websites, which are accessible through hyperlinks in the Jurasoft AG applications.

6. Registration

If login to the applications requires user registration, then the user is responsible for ensuring that his/her password is not accessible to third parties. The user accepts full responsibility for all actions that occur while login data is in use.

7. Privacy Policy

This application collects some personal data from its users, which is described in the following sections.

In addition, the data protection policy of Jurasoft AG, accessible under following link: Privacy policy.

7.1 Types of Data collected

Types of personal data collected by this application or third parties within the application are:

Email address

Camera permission

Microphone permission

Phone permission (only iTrendUp Android app)

Storage permission

Complete details on each type of Personal Data collected are provided in the dedicated sections of this privacy policy or by specific explanation texts displayed prior to the Data collection.

Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using this Application. Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using this Application. Unless specified otherwise, all Data requested by this Application is mandatory and failure to provide this Data may make it impossible for this Application to provide its services. In cases where this Application specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the functioning of the Service.

Users who are uncertain about which Personal Data is mandatory are welcome to contact Jurasoft AG via the email address: info@itrendup.com.

Any use of Cookies or of other tracking tools by this Application or by the owners of third-party services used by this Application serves the purpose of providing the Service required by the User, in addition to any other purposes described in the present document and in the Cookie Policy, if available.

Users are responsible for any third-party Personal Data obtained, published or shared through this Application and confirm that they have the third party's consent to provide the Data to the Owner.

7.2 Mode and place of processing the Data

1. Methods of processing

takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.

The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to Jurasoft AG, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of this Application (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by Jurasoft AG. The updated list of these parties may be requested from RA-MICRO Unternational SE at any timme.

2. Legal basis of processing

Jurasoft AG may process Personal Data relating to Users if one of the following applies:

    • Users have given their consent for one or more specific purposes. Note: Under some legislations Jurasoft AG may be allowed to process Personal Data until the User objects to such processing ('opt-out'), without having to rely on consent or any other of the following legal bases. This, however, does not apply, whenever the processing of Personal Data is subject to European data protection law;
    • provision of Data is necessary for the performance of an agreement with the User and/or for any pre-contractual obligations thereof;
    • processing is necessary for compliance with a legal obligation to which Jurasoft AG is subject;
    • processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in Jurasoft AG;
    • processing is necessary for the purposes of the legitimate interests pursued by Jurasoft AG or by a third party.

In any case, Jurasoft AG will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

3. Place

The Data is processed at the operating offices of Jurasoft AG and in any other places where the parties involved in the processing are located.

Depending on the User's location, data transfers may involve transferring the User's Data to a country other than their own. To find out more about the place of processing of such transferred Data, Users can check the section containing details about the processing of Personal Data.

Users are also entitled to learn about the legal basis of Data transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by the Owner to safeguard their Data.

If any such transfer takes place, Users can find out more by checking the relevant sections of this document or inquire with Jurasoft AG using the information provided in the contact section.

4. Retention time

Personal Data shall be processed and stored for as long as required by the purpose they have been collected for.

Therefore:

    • Personal Data collected for purposes related to the performance of a contract between Jurasoft AG and the User shall be retained until such contract has been fully performed.
    • Personal Data collected for the purposes of the legitimate interests of Jurasoft AG shall be retained as long as needed to fulfill such purposes. Users may find specific information regarding the legitimate interests pursued by Jurasoft AG within the relevant sections of this document or by contacting Jurasoft AG via the email address: info@itrendup.com.

Jurasoft AG may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, Jurasoft AG may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.

Once the retention period expires, Personal Data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.

7.3 The purposees and usage of processing

The Data concerning the User is collected to allow the Owner to provide its Services, as well as for the following purposes: Device permissions for Personal Data access.

Users can find further detailed information about such purposes of processing and about the specific Personal Data used for each purpose in the respective sections of this document.

1. Registration of user account

Email address

Is required for the registration of user account and assigns the application data to this user account uniquely. You will receive system messages from iTrendUp. iTrendUp will not use or share this email address with third parties.

2. Device permissions for Personal Data access

Depending on the user's specific device, this application may request certain permissions that allow it to access the user's device data as described below.

By default, these permissions must be granted by the User before the respective information can be accessed. Once the permission has been given, it can be revoked by the User at any time. In order to revoke these permissions, Users may refer to the device settings or contact the Owner for support at the contact details provided in the present document. The exact procedure for controlling app permissions may be dependent on the User's device and software.

Please note that the revoking of such permissions might impact the proper functioning of this Application.

If User grants any of the permissions listed below, the respective Personal Data may be processed (i.e accessed to, modified or removed) by this Application.

Camera permission

Used for accessing the camera or capturing images and video from the device.

Microphone permission

Used for accessing and recording microphone audio from the device.

Phone permission (only iTrendUp Android app)

Used for accessing a host of typical features associated with telephony. This enables, for instance, read-only access to the 'phone state', which means it enables access to the phone number of the device, current mobile network information, or the status of any ongoing calls.

Storage permission

Used for accessing shared external storage, including reading and adding of items.

7.4 Use of Cookies (only iTrendUp Web app)

The online application of iTrendUp uses cookies. Cookies are data stored by the Internet browser on the user's computer system. The cookies can be transmitted to a page when they are accessed and thus allow an assignment of the user. Cookies help to simplify the use of websites for users. For these purposes, our legitimate interest is in the processing of personal data pursuant to art. 6 para. 1 lit. f GDPR. In addition, we use cookies on our website that allow an analysis of users' browsing behavior.

    • Entered search terms
    • Frequency of page views
    • Use of Website Features

It is always possible to turn off the setting of cookies by changing the option in the Internet browser. The Cookies set can be deleted. It should be noted that disabling cookies may not fully exploit all features of the application. The data of the users collected in this way are pseudonymized by technical precautions. Therefore, an assignment of the data to the calling user is no longer possible. The data will not be stored together with other personal data of the users.

When accessing the iTrendUp online application, users are informed by an information banner about the use of cookies for analysis purposes and referred to this privacy policy. In this context, there is also an indication of how the storage of cookies in the browser settings can be prevented.

The legal basis for the processing of personal data using technically necessary cookies is article 6 (1) lit. f GDPR. The legal basis for the processing of personal data using cookies for analysis purposes is provided after the user has consented to this art. 6 para. 1 lit. a GDPR.

7.5 Creation of log files (only iTrendUp Web app)

Each time the iTrendUp Web app is accessed, the Jurasoft AG records data and information through an automated system. These are stored in the log files of the server. The data is also stored in the log files of our system. A storage of this data together with other personal data of the user does not take place.

The following data can be collected here:

    • Information about the browser type and version used
    • The operating system of the user
    • The Internet service provider of the user
    • The IP address of the user
    • Date and time of access
    • Websites from which the system of the user reaches our website (referrer)
    • Web pages accessed by the user's system through our website

7.6 Additional information about data collection and processing

1. Legal action

The User's Personal Data may be used for legal purposes by the Owner in Court or in the stages leading to possible legal action arising from improper use of this Application or the related Services. The User declares to be aware that Jurasoft AG may be required to reveal personal data upon request of public authorities.

2. Additional information about user's personal data

In addition to the information contained in this privacy policy, this application may provide the user with additional and contextual information concerning particular services or the collection and processing of personal data upon request.

3. System logs and maintenance

or operation and maintenance purposes, this Application and any third-party services may collect files that record interaction with this Application (System logs) use other Personal Data (such as the IP Address) for this purpose.

4. Information not contained in this policy

More details concerning the collection or processing of Personal Data may be requested from Jurasoft AG at any time. Please see the contact information at the beginning of this document.

5. How 'Do Not Track' requests are handled

This Application does not support 'Do Not Track' requests. To determine whether any of the third-party services it uses honor the 'Do Not Track' requests, please read their privacy policies.

7.7 The rights of Users

1. Certain user rights

Users may exercise certain rights regarding their Data processed by Jurasoft AG.

In particular, Users have the right to do the following:

Withdraw their consent at any time.

Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data.

Object to processing of their Data.

Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent. Further details are provided in the dedicated section below.

Access their Data.

Users have the right to learn if Data is being processed by Jurasoft AG, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing.

Verify and seek rectification.

Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected.

Restrict the processing of their Data.

Users have the right, under certain circumstances, to restrict the processing of their Data. In this case, Jurasoft AG will not process their Data for any purpose other than storing it.

Have their Personal Data deleted or otherwise removed.

sers have the right, under certain circumstances, to obtain the erasure of their Data from Jurasoft AG.

Receive their Data and have it transferred to another controller.

Users have the right to receive their Data in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on the User's consent, on a contract which the User is part of or on pre-contractual obligations thereof.

Lodge a complaint.

Users have the right to bring a claim before their competent data protection authority.

2. Details about the right to object to processing

Where Personal Data is processed for a public interest, in the exercise of an official authority vested in Jurasoft AG or for the purposes of the legitimate interests pursued by Jurasoft AG, Users may object to such processing by providing a ground related to their particular situation to justify the objection.

Users must know that, however, should their Personal Data be processed for direct marketing purposes, they can object to that processing at any time without providing any justification. To learn, whether Jurasoft AG is processing Personal Data for direct marketing purposes, Users may refer to the relevant sections of this document.

3. How to exercise these rights

Any requests to exercise User rights can be directed to Jurasoft AG through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by Jurasoft AG as early as possible and always within one month.

8. Changes

Jurasoft AG reserves the right to change these terms of use and privacy policy at any time without stating the reasons for that. The valid version can be accessed via the link http://www.itrendup.com/en/pivacy-policy-app.html.

9. Applicable law and court of jurisdication

The law of the Federal Republic of Germany shall apply. UN commercial law shall have no validity. The court of law to deal with all disputes arising from or in connection with these terms and conditions of use shall be Berlin, Germany. The same applies to users who are not private consumers or who do not have a regular court of law in Germany.

10. Legal information and other provisions

1. Legal information

This privacy statement has been prepared based on provisions of multiple legislations, including Art. 13/14 of Regulation (EU) 2016/679 (General Data Protection Regulation). This privacy policy relates solely to this Application, if not stated otherwise within this document.

2. Other provisions

Should individual clauses of these terms of use and privacy policy be or become invalid or unenforceable, the validity of all other clauses shall remain unaffected.

Latest update: May 22, 2018