OweBack - Termini di servizio e informativa sulla privacy (Italiano)
Introduzione
Termini di servizio
I nostri servizi
Informazioni sui nostri servizi
Servizi di terzi
Utilizzo dei nostri servizi e licenze
Esclusione di responsabilità
Limitazione di responsabilità
Risoluzione delle controversie
Disponibilità e cessazione dei nostri servizi
Altre disposizioni
Informativa sulla privacy e dati dell’utente
Informazioni raccolte
Informazioni raccolte automaticamente
Modalità di utilizzo e raccolta delle informazioni
Applicazione del regolamento sulla protezione dei dati (GDPR)
- secondo necessità per rispettare i nostri Termini;
- in conformità con il consenso dell'utente, revocabile in qualsiasi momento;
- secondo necessità per rispettare i nostri obblighi legali;
- occasionalmente per proteggere gli interessi vitali dell'utente o quelli di altri;
- secondo necessità per il pubblico interesse;
- Davide Carvelli
- Fornire, migliorare, personalizzare e supportare i nostri Servizi, come descritto in "I nostri Servizi";
- Favorire protezione e sicurezza;
- Trasferire, trasmettere, archiviare o trattare i dati al di fuori dello Spazio Economico Europeo, compreso negli Stati Uniti e in altri Paesi;
- Comunicare con l'utente, ad esempio riguardo problemi correlati al Servizio.
OweBack - Terms of service and privacy policy (English)
Introduction
Our up to date Terms of service describe our agreement with you about the usage of our Services. Our up to date Privacy Policy highlights what are the information that we collect, how we use and share it, and which are the options at your disposal.
OweBack is developed on the fundamentals of privacy and security, as well as asymmetric cryptography and OAuth authentication.
Age requirements. For the usage of OweBack you must be at least 16 years old.
Access requirements.
To access the services you must have a valid mobile phone number.
Terms of service
To provide our Services (as described in the following) through the app, services, functions, software of OweBack, the user must explicitly accept our Terms of service (below known as “Terms”). With the registration, installation, access and usage of the app, services, functions, software, the user accepts our Terms.
Our Services
Connection with other users. We offer services to communicate with other OweBack users through the creation of groups. The user can create more groups and invite other users to join if they have a valid OweBack account. The users invited can accept, or refuse to join the group. Different groups for names and users can be created.
Data entry. The user can insert data related to a payment to make it always visible and available. The data entry is strictly linked to a group as well as the insertion of an amount and a subject.
Data sharing. We offer services to share the inserted data with other users of the same group. For example it is possible to insert data related to a payment and divide its amount among the users of a group, in this way the data being automatically shared with all the other users of the same group.
Data processing. The data related to the inserted payment are processed for the aim to determine a payoff for each other user with which the same data have been shared. The payoff determines the amount to owe or receive for each user. The payoff, as calculated and made available by our Services, is only indicative and informative for the user but has no legal validity so it can not be used juridically in any way to demonstrate a financial and/or economical situation towards someone else.
Information on our services
Registration. The user must have a valid mobile phone number that must be provided during the registration step. The phone number will be veirified with the sending of a SMS in which there will be a validation code. During the registration step it will be also requested to the user to provide its name, surname, email address and to create a password that meets the security minimum requirements.
Age. If you live in a country in the European Region, you must be at least 16 years old to use our Services or such greater age required in your country to register for or use our Services. If you live in any other country except those in the European Region, you must be at least 13 years old to use our Services or such greater age required in your country to register for or use our Services. In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.
Devices and software. The user must provide certain devices, software and data connections to use our Services, which otherwise we can not supply. To use our Services the user must download and install OweBack app in a ‘free’ version without any cost of installation and subscription, or OweBack app in a ‘pro’ version at the cost of € 1,99 per year. To use our Services the user accepts to download and install manually or automatically the update of our Services. To provide our Services the user, further, entitles us to send him periodic notifications through OweBack, if necessary.
Costs and taxes. The user is responsible for all carrier data plans, Internet fees, and other fees and taxes associated with your use of our Services.
Third parties services
Our Services can allow the user to access, use or interact with web sites, apps, contents, other third party products and services, and products provided by different companies. Through our Services the user can receive promotional offers through banners, images and videos which contents are related to products and services provided by different companies. Through the banners, images and videos made available by our Services, it is possible to interact with services promoted by different companies, as example clicking on a banner it is possible to open a web page, or a link to the services of different companies, or to get directly on own device further information about the usage of such services. The usage of third parties services or products offered by different companies is regulated by their terms and privacy policies, however the terms and conditions for the usage of third parties services and products offered by different companies fall outside of the contents of our Terms and Services.
Usage of our services and licences
Our Services can not be used in an inappropriate way. For example it is not allowed to interfere with our Services, or attempt to access them in a different way than the user interface and instructions provided by us. It is possible to use our Services only in the way allowed by the law. We could suspend or interrupt the supply of our Services to the user if he did not respect our terms, or our rules, or if we were doing checks about an illegal behavior.
We are owners of all copyright, trademarks, domains, logos, brands, trade secrets, patents and other intellectual property rights associated with our Services. It is not allowed to use our copyrights, trademarks, domains, logos, brands, patents or other intellectual property rights unless you have got our explicit authorization in compliance with our policies. The user can use our trademarks exclusively with our authorization and in compliance with our instructions. With the usage of our Services, the user does not get ownership of any intellectual property right on our Services or on the contents that he accesses. It is not permitted to use the contents coming from our Services without having got the authorization by the owner, or where it is not allowed by the law. These terms do not give the user the right to use any trademark, brand, patent and other intellectual property right associated with our Services. It is not permitted to remove, black out, or alter any legal notes highlighted in our Services or together with them.
Contents and data not of our ownership are shown up in our Services. The user that makes these contents and data available is exclusively responsible for it. We could reserve the right to examine the contents and data to establish any illegality or aversion to our rules, and could also remove, or refuse to show up contents, or data if we have reasonable cause to believe that they violate our rules, or the law in place. This does not mean that we necessarily examine the contents and data, neither can it be presumed. The user must have the right to use the information inserted through our Services as well as the right to grant it in use and license according to our Terms.
When the user uploads, broadcasts, stores, sends or receives contents and data from or through our Services, he gives OweBack a global patent to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly execute, publicly visualize and distribute the above contents. The rights that the user grants with this patent concern the limited aim to use, promote and improve our Services and develop new ones. OweBack does not claim the ownership of the information sent by the user and related to his OweBack account or through our Services. The user must have the right to use the information that he sends and related to his OweBack account or through our Services as well as the right to grant it in use and license according to our Terms.
The user is responsible for the security of his device and his account, and he must promptly notify us of any unauthorized usage or violation of the security of his account, or of our Services.
Disclaimer
We will use reasonable skill and care in providing our services to you and in keeping it a safe, secure, and error-free environment, but we do not guarantee that OweBack will always function without disruptions, delays, or imperfections. We are providing our services on an "as is" basis without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer or smartphone virus or other harmful code for any device. We do not warrant that any information provided by us is accurate, complete, or useful, that our services will be operational, error free, secure, or safe, or that our services will function without disruptions, delays, or imperfections. We do not control and are not responsible for controlling how or when our users use our services or the features, services, and interfaces our services provide. We are not responsible for and are not obligated to control the actions or information including content of our users. You release us from any claim, complaint, cause of action, or controversy and damages, known and unknown, relating to, arising out of, or in any way connected with any such claim you have against any third parties. Your rights with respect to OweBack are not modified by the foregoing disclaimer if the laws of your country of residence, applicable as a result of your use of our services, do not permit it.
Limitation of liability
Our aggregate liability relating to, arising out of, or in any way in connection with our terms, us or our services is limited to losses that are a reasonably foreseeable consequence of such breach and will not exceed the amount you have paid us in the past twelve months. Your rights with respect to OweBack are not modified by the foregoing limitation if the laws of your country of residence, applicable as a result of your use of our services, do not permit it.
Dispute resolution
For any claim the user has against us that arises out of or relates to these Terms or our Services, it will apply the laws in place within the European Region. The user agrees that the claim must be resolved in Italy in Milan's court.
Availability and termination of our services
Availability of our services. We may add or remove our Services, features, functionalities, and the support of certain devices and platforms. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue at any time some or all of our Services, including certain features and the support for certain devices and platforms. Events beyond our control may affect our Services, such as events in nature and other force majeure events.
Termination. The user can terminate the relationship with us at any time for any reason by deleting his own account.
We may also modify, suspend, or terminate the access to or use of our Services anytime for suspicious or unlawful conduct, including for fraud, or if we reasonably believe the user violates our Terms or creates harm, risk, or possible legal exposure for us, our users, or others. The following provisions will survive any termination or expiration of the agreement.
Other instructions
Unless a mutually executed agreement between the user and us states otherwise, our Terms make up the entire agreement regarding OweBack and our Services, and supersede any prior agreements.
We reserve the right to designate in the future that certain of our Services are governed by separate terms.
Any amendment to or waiver of our Terms requires our express consent. The user has the right to terminate the relationship with OweBack at any time by deleting his own account.
We may amend or update these Terms. Unless otherwise required by law, we will provide at least 30 days' notice of amendments to our Terms, giving the user the opportunity to review the revised Terms before continuing to use our Services. We will also update the "Last Modified" date at the top of our Terms. Changes to these Terms shall become effective no sooner than 30 days after we provide notice of planned changes. Please note that we may not be able to provide such notice for changes to these Terms that are required to address technical evolutions of our Services or for changes made for legal reasons, both of which will become effective immediately. The continued use of our Services following the notice period of planned changes confirms the acceptance of our Terms, as amended. If the user does not agree to our Terms, as amended, the user must stop using our Services by deleting his own account.
All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer the user’s information to any of our affiliates, successor entities, or new owner. In the event of such an assignment, these Terms will continue to govern the user relationship with such third parties. If the user does not agree to such an assignment, the user must stop using our Services by deleting his own account.
The user accepts to not transfer any of his rights or obligations under our Terms to anyone else without our prior written consent.
Nothing in our Terms will prevent us from complying with the law.
Except as contemplated herein, our Terms do not give any third-party beneficiary rights.
If we fail to enforce any of our Terms, it will not be considered a waiver.
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions of our Terms, and the remaining portion of our Terms will remain in full force and effect.
Last update of our Terms of Service: 30th March, 2021 10:00 pm
Privacy policy and user data
The privacy policy describes our procedures related to the information, including the types of information that we receive and collect by the user, the way whereby we use and share such information, and the user’s rights in connection with the processing of the user’s information. The privacy policy declares our legal foundations for the processing of the user’s personal information, including the collection, the usage, the processing and sharing of such information, as well as the transfer and processing of the information within other countries in which our facilities are present.
This Privacy Policy applies to all of our Services unless specified otherwise.
When the user installs, logon, or uses our Services we receive and collect information to make available, provide, improve, understand, customize, support and commercialize our Services.
Information we collect
User’s account information. The information collected to register the user account are name and surname, email address, phone number, profile image and password.
Data inserted by the user. The user inserts data related to the information of expenses (amount, subject, description, type of payment). These data being stored on the user’s device and then transmitted to our servers through asymmetric cryptography and identifying uniquely the user through the OAuth authentication.
User’s connection. To provide our connection services the user can create groups or be invited to join them by other users.The user’s account information being associated to each group created and all the groups for which the user has accepted a request to join. The user can send other users, that in turn use OweBack, an invitation to join a group created by him. The invited users can accept or refuse this request. The users that belong to the same group, or rather for which the connection request has been accepted, share their own account information as well as the payments information inserted within the group and shared between the other group’s users.
Customer Support. The user accepts to provide us information related to his use of our Services, including copies of his messages, and how to contact him so we can provide him customer support. For example, the user may send us an email with information relating to our app performance or other issues.
Automatically collected information
Usage and log information. OweBack collects information about the user’s activity on our Services, like service-related, diagnostic, and performance information. This includes information about the user’s activity (including the way to use our Services, the Services settings, the way to interact with others using our Services, and the time, frequency, and duration of the activities and interactions), log files, and diagnostic, crash, website, and performance logs and reports. This also includes information about when the user registered to use our Services, the features used by him, information when the user is online, when the user last used our Services ("last login"), and when he last updated his information.
Device and connection information. OweBack collects device and connection-specific information when the user installs, logs on, or uses our Services. This includes information like hardware model, operating system information, battery level, signal strength, app version, language and time zone, the IP.
How we use and collect information
Our services. We use the available information to operate and provide our Services, including providing customer support, and improving, fixing, and customizing our Services. We understand how people use our Services and analyze and use the information we have to evaluate and improve our Services, research, develop, and test new services and features, and conduct troubleshooting activities. We also use the user’s information to respond to him when he contacts us.
Safety and securety. We verify accounts and activity, and promote safety and security on and off our Services, such as by investigating suspicious activity or violations of our Terms, and to ensure our Services are being used legally.
Collection of the information. The information collected by OweBack can be transferred to, processed and stored in other countries off that one in which the user lives. The data transferred are necessary to provide the Services described within our Terms, as well as manage and offer globally our Services.
General Data Protection Regulation (GDPR) implementation
Legal bases for processing information. We collect, use and share the information we have as described above:
- as necessary to fulfill our Terms;
- consistent with the user’s consent, which can be revoked at any time;
- as necessary to comply with our legal obligations;
- occasionally to protect the user’s vital interests, or those of others;
- as necessary in the public interest;
as necessary for our or others legitimate interests, including our interests in providing an innovative, relevant, safe, and profitable service to our users and partners, unless those interests are overridden by personal interests or fundamental rights and freedoms that require protection of personal data.
How the user exercises his rights. Under the General Data Protection Regulation or other applicable local laws, the user has the right to access, rectify, port, and erase his information, as well as the right to restrict and object to certain processing of his information. This includes the right to object to our processing of his information for direct marketing and the right to object to our processing of his information where we are performing a task in the public interest or pursuing our legitimate interests or those of a third party. If we process your information based on our legitimate interests or those of a third party, or in the public interest, the user can object to this processing. In this case we will cease processing the user’s information, unless the processing is based on compelling legitimate grounds or is needed for legal reasons.
Deleting user’s information
The user can delete his OweBack account directly from the function ‘Delete account’ present in the OweBack app. The account deletion determines the cancellation of all the data (profile, payments, payoff, groups) related to the user. The cancellation of the user’s data being executed within 72 hours from the profile deletion done by the user.
Data transfer to other device
The user can transfer to another device the data related to his OweBack account easily connecting from the new device and using the same OweBack account.
Law and protection
OweBack can collect, use, store and share the user’s information if we have a good-faith belief that it is reasonably necessary to: respond pursuant to applicable law or regulations, to legal process, or to government requests; enforce our Terms and any other applicable terms and policies, including for investigations of potential violations; detect, investigate, prevent, and address fraud and other illegal activity, security, or technical issues; protect the rights, property, and safety of our users, or third parties, including to prevent death or imminent bodily harm.
Update to our policies
We will notify the user before we make changes to this Privacy Policy and give him the opportunity to review the revised Privacy Policy before he chooses to continue using our Services.
Contact information
Data Protection Officer. The “Data Protection Officer” responsible for the data protection (DPO) for OweBack can be contacted writing an email to:
- support@oweback.com
Processing owner. The data processing owner is:
- Davide Carvelli
The user can exercise his rights sending an email to support@oweback.com, in the specific he can require the access to, the rectification of, the erasure of his personal data, and either the limitation or the objection to their processing. Further, if the user wants, he can present a claim to the Data Protection Authority.
How we process the user’s information
Under European law, companies must have a legal basis to process data. The user has particular rights available to him depending on which legal basis we use, and we've explained these below. The user should know that no matter what legal basis applies, he always has the right to request access to, rectification of, and erasure of his data under the General Data Protection Regulation (the "GDPR"). To exercise own rights, see our Privacy Policy under “How the user exercises his rights”.
For all people who have legal capacity to enter into an enforceable contract, we process data as necessary to perform our contracts with the user (the Terms of Service, the "Terms"). We describe the contractual services for which this data processing is necessary in Our Services section of the Terms and in the additional informational resources accessible from our Terms.The core data uses necessary to provide our contractual services are:
- To provide, improve, customize, and support our Services as described in "Our Services";
- To promote safety and security;
- To transfer, transmit, store, or process your data outside the EEA, including to within the United States and other countries;
- To communicate with the user, for example on Service-related issues.
When we process the data the user provides us as necessary to perform our contracts, the user has the right to port it under the GDPR. To exercise own rights see our Privacy Policy under “How the user exercises his rights”.
Here in the following the other legal basis that we use in specific cases for the user’s rights processing.
The user’s consent. For collecting and using information that the user enables to receive through the device settings, in order to provide the features and services described when he activates the settings.
When we process data the user provides us based on his consent, the user has the right to withdraw his consent at any time and to port that data he provides us, under the GDPR. To exercise his rights, the user can visit his device settings and the “How the user exercises his rights” section of the Privacy Policy.
Compliance with a legal obligation. For processing data when the law requires it, including, for example, if there is a valid legal request for certain data.
Protection of our vital interests or those of another person. The vital interests we rely on for this processing include protection of the user’s life or physical integrity or that of others, and we rely on it to combat harmful conduct and promote safety and security, for example, when we are investigating reports of harmful conduct or when someone needs help.
Tasks carried out in the public interest. For undertaking research and to promote safety and security, as described in more detail in our Privacy Policy, where this is necessary in the public interest as laid down by European Union law or Member State law to which we are subject. When we process the data as necessary for a task carried out in the public interest, the user has the right to object to and seek restriction of our processing.
Last update of our Privacy Policy and User Data: 30th April, 2021 10:00 pm