Data Protection

The protection of personal data is important to us. Therefore, our business dealings are carried out in accordance with the applicable legal provisions for the protection of personal data and data security. In the following you will find out what information we may collect, how we handle it and to whom we may make it available.

Upparel GmbH, Grünwalder Brücke 1 , 82049 Pullach im Isartal in Germany (hereinafter: »Upparel«), is the responsible body in terms of data protection laws, in particular of the EU General Data Protection Regulation (GDPR).

Upparel protects your privacy and your private data. Upparel collects, processes and uses your personal data in accordance with the content of these data protection regulations and the applicable European and German data protection laws.

These data protection provisions regulate which personal data Upparel collects, processes and uses about you. We therefore ask you to read the following information carefully.

Collection of personal data

  1. Personal data in the sense of these data protection provisions are individual details about your personal or factual circumstances. This includes in particular your name, your date of birth, your address, your credit card and account details and your contact details (e.g. telephone number or email address).
  2. Personal data also includes information about your visit to and use of our website. In this context, we collect personal data from you as follows: Information about your visits to our website such as the extent of the data transfer, the location from which you call up data from our website and other connection data and sources that you call up. This is usually done through the use of log files and cookies. You can find more information about log files and cookies in section 6.

Purpose of use

We use your personal data for the following purposes:

  • To provide the services you want, including the ordering process, shopping cart functions, delivery notes and returns processing, reminders of abandoned shopping carts, newsletters or contact requests;
  • To ensure that our website is presented to you in the most effective and interesting way possible and that our offer and its presentation are based on a balanced price-performance ratio;
  • To fulfill our obligations from any contracts concluded between you and us regarding the products and services we offer;
  • To enable you to participate in interactive offers, if you so wish;
  • To provide you with information about our and the products and services of the entire Upparel Group, if you so wish;
  • To inform you about changes to our services.

Use of data in the context of order processing

  • We will process your personal data within the meaning of the European General Data Protection Regulation protect.
  • Personal data are collected, processed and used by us if and to the extent that this is necessary for the establishment, execution or termination of the respective sales contract.
  • Further collection, processing and use of your personal data will only take place, as far as a legal provision allows this or your consent is available.
  • You are aware that your name, consumer or entrepreneur status, address, date of birth, credit card and account details and contact details (telephone number and e-mail address) are required for the establishment and implementation of the contract and this data is also required for this Purpose collected, processed and used.
  • We are entitled - within the scope of what is legally permissible - to examine the risk of payment defaults on the buyer side for the purpose of deciding on the establishment, implementation or termination of the sales contract. In this respect, probability values ​​for the future behavior of the buyer are collected and processed. The buyer's address data is also used to calculate these probability values.
  • We are entitled to transfer your data to third parties if and to the extent that this is necessary for the execution of the contract (e.g. for shipping, invoicing or customer service). We will also forward this data - within the scope of what is legally permissible - to third parties (e.g. debt collection companies) for the purpose of enforcing claims.
  • In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Please note that purchase on account and installment purchase are only available for consumers and that payment must be made to Klarna:

    • Invoice: The payment period is 14 days from dispatch of the goods. Here you can find the billing conditions for Germany .
    • Installment purchase: With Klarna's financing service, you can flexibly pay for your purchase in monthly installments of at least 1/24 of the total amount (but at least € 6.95) or under the conditions otherwise specified in the checkout. Payment in installments is due at the end of the month after Klarna has sent a monthly invoice. Here you can find more information on purchase in installments including the general terms and conditions and the European standard information for consumer credit.
    • Immediately: Your account will be debited immediately after placing the order. With the TÜV Saarland-certified »Sofort« payment system, thanks to PIN & amp; TAN, you can pay easily and securely with your usual online banking data without registration.
    • Direct debit: The debit is made after the goods have been dispatched. You will be informed of the time by email.

  • The use of the payment methods invoice, hire purchase and direct debit requires a positive credit check. There is more information and clarifications Terms of Use . Here you can get general information about Klarna . Klarna will process your personal data in accordance with the applicable data protection regulations and in accordance with the information in Klarna's privacy policy covers.
  • Evaluation reminder by Trusted Shops : If you have given us your express consent to this during or after your order by activating a corresponding checkbox or clicking a button provided for this purpose (»Rate later«), we will send your e-mail address for a reminder to submit an evaluation of your order to Trusted Shops GmbH, Subbelrather Str. 15c, 50823 Cologne ( https://www.trustedshops.de ), so that it reminds you by email of the possibility to submit a rating. This consent can be revoked at any time by sending a message to the contact option described under 3.10 or directly to Trusted Shops.
  • Under the legal requirements, we will provide you with information about the stored personal data relating to you free of charge upon request. Under the legal requirements, you have the right to request the deletion, correction or blocking of your data.
  • You can object to any use of your personal data for advertising purposes at any time by sending an informal message to Upparel without incurring any costs other than the transmission costs according to the basic tariffs. After receipt of the objection, we will no longer use the data concerned for advertising purposes after the transition period that we have communicated to you in individual cases.
                            The body responsible for all data protection-related questions and for exercising the rights described in sections 3.7 to 3.9 is:

                            Upparel GmbH
                            Grünwalder Brücke 1
                            82049 Pullach im Isartal
                            Phone: +49 30/44 31 20 74
                            Fax: +49 30/44 31 20 10
                            Email: datenschutz@ognx.com

                            Use of data when registering for e-mail newsletter

                            We send newsletters, e-mails and other electronic notifications with advertising information (hereinafter "newsletter") only with the consent of the recipient or with legal permission. If the contents of the newsletter are specifically described when registering for the newsletter, they are decisive for the consent of the user. In addition, our newsletters contain information about our new products, offers and promotions (this may include, in particular, references to blog posts, lectures or workshops, our services or online presence).

                            • Double opt-in and logging
                              Registration for our newsletter takes place in a so-called double opt-in process. This means that after registration you will receive an email in which you will be asked to confirm your registration. This confirmation is necessary so that nobody can register with someone else's e-mail address.

                              The registrations for the newsletter are logged in order to be able to prove the registration process in accordance with the legal requirements. This includes storing the time of registration and confirmation as well as the IP address. Changes to your saved data are also logged.

                            • Use of the dispatch service provider »Klaviyo
                              The newsletter is sent via »Klaviyo«, 225 Franklin St, Boston, MA 02110, USA.
                              The email addresses of our newsletter recipients as well as theirs other data described in this information is stored on Klaviyo's servers in the USA. Klaviyo uses this information to send and evaluate the newsletter on our behalf. Furthermore, according to its own information, Klaviyo can use this data to optimize or improve its own services, e.g. to technically optimize the dispatch and presentation of the newsletter or for economic purposes in order to determine from which countries the recipients come. However, Klaviyo does not use the data of our newsletter recipients to write them down or to pass them on to third parties.
                              We trust the reliability and IT and data security of Klaviyo. Klaviyo is certified under the US-EU data protection agreement “Privacy Shield” and thus undertakes to comply with EU data protection regulations. We have also signed a data processing agreement with Klaviyo. This is a contract in which Klaviyo undertakes to protect the data of our users, to process it on our behalf in accordance with its data protection regulations and, in particular, not to pass it on to third parties. Here you can find the Klaviyo privacy policy in English.

                            • Registration data
                              To register for the newsletter, it is sufficient to provide your email address.
                              Optionally, we ask you to provide your first and last name. This information is only used to personalize the newsletter. We also ask you to optionally provide your date of birth and salutation. We only use this information to adapt the contents of the newsletter to the interests of our readers.

                            • Statistical survey and analysis
                              The newsletters contain a so-called »web-beacon«, i.e. a pixel-sized file that is retrieved from the Klaviyo server when the newsletter is opened. As part of this retrieval, technical information, such as information about the browser and your system, as well as your IP address and the time of retrieval, are initially collected. This information is used for the technical improvement of the services based on the technical data or the target groups and their reading behavior based on the retrieval locations (which can be determined with the help of the IP address) or the access times.
                              The statistical surveys also include the determination, whether the newsletters are opened, when they are opened and which links are clicked. For technical reasons, this information can be assigned to the individual newsletter recipients. However, it is neither our aim nor that of Klaviyo to observe individual users. The evaluations serve us much more to recognize the reading habits of our users and to adapt our content to them or to send different content according to the interests of our users.

                            • Online access and data management
                              There are cases in which we direct the newsletter recipients to the Klaviyo website. For example, our newsletters contain a link with which the newsletter recipients can access the newsletter online (e.g. if there are display problems in the e-mail program). In addition, newsletter recipients can subsequently correct their data, such as their email address. Likewise, Klaviyo's privacy policy is only available on their website.

                              In this context, we would like to point out that cookies are used on the Klaviyo website and thus personal data is processed by Klaviyo, its partners and service providers (e.g. Google Analytics) will. We have no influence on this data collection. Further information can be found in Klaviyo's privacy policy . We also point out the possibilities of objection to the data collection for advertising purposes on the websites http://www.aboutads.info/choices and http://www.youronlinechoices.com (for the European area).

                            • Cancellation / Revocation
                              you can receive our newsletter here, cancel at any time, ie revoke your consent. At the same time, your consent to its sending via Klaviyo and the statistical analyzes will expire. A separate revocation of the dispatch via Klaviyo or the statistical analysis is unfortunately not possible.You can find a link to cancel the newsletter at the end of each newsletter.

                            • Legal basis of the General Data Protection Regulation
                              In accordance with the provisions of the General Data Protection Regulation (GDPR) applicable from May 25, 2018, we inform you that the consent to the sending of e-mail addresses on the basis of Art. 6 Para. 1 lit. a , 7 GDPR as well as § 7 Abs. 2 Nr. 3 , or para. 3 UWG takes place. The use of the shipping service provider Klaviyo, the implementation of statistical surveys and analyzes as well as the logging of the registration process are based on our legitimate interests in accordance with Article 6 (1) (f) GDPR. Our interest is directed towards the use of a user-friendly and secure newsletter system that serves both our business interests and the expectations of the users.

                            We would also like to point out that you can object to the future processing of your personal data in accordance with the legal requirements according to Art. 21 GDPR at any time. The objection can in particular be made against processing for direct marketing purposes.

                            You can unsubscribe from the newsletter at any time and you can either send a message to the contact described in section 3.10 or use a link provided in the newsletter.

                            Information about your computer, cookies and targeting

                            • Every time you access our site, we collect the following information about your computer: The IP address of your computer, the request from your browser and the time of this request. In addition, the status and the amount of data transferred are recorded as part of this request. We also collect product and version information about the browser used and the operating system of your computer. We also record the website from which our site was accessed. The IP address of your computer is only stored for the time you are using the website and then immediately deleted or anonymized by being shortened. The rest of the data is stored for a limited period of time. We use this data in addition to the purposes in accordance with Section 2 of these data protection provisions for the operation of our website, in particular to determine and eliminate errors on the website, to determine the utilization of the website and to make adjustments or improvements.
                            • We may also collect information about your use of our website through the use of so-called HTTP cookies , or from Web Storage . These are small text files that are stored on your data carrier and that save certain settings and data for exchange with our system via your browser. A cookie usually contains the name of the domain from which the cookie data was sent, as well as information about the age of the cookie and an alphanumeric identifier. Cookies enable our systems to recognize the user's device and to make any default settings available immediately. For example, we can record your shopping cart, the products you recently viewed or the filter settings you selected on catalog pages. As soon as a user accesses the platform, a cookie is transferred to the hard drive of the respective user's computer. Cookies help us to improve our website and to be able to offer you a better and even more tailored service. You enable us to recognize your computer when you return to our website and thereby:
                              • To save information about your preferred activities on the website and thus to tailor our website to your individual interests. This includes e.g. advertising that corresponds to your personal interests.
                              • To speed up the processing of your requests.

                            • In the cookies we use, only the data explained above about your use of the website are stored. This is not done by assigning it to you personally, but by assigning an identification number to the cookie ("cookie ID"). The cookie ID is not merged with your name, your IP address or similar data that would enable the cookie to be assigned to you. You can find out how to prevent the use of browser cookies in section 5.8.
                            • Our website uses so-called tracking technologies. We use these technologies to make our website more interesting for you. This technology makes it possible to address Internet users who have already shown an interest in our website with advertising on the websites of our partners. The display of this advertising material on our partners' pages is based on cookie technology and an analysis of previous usage behavior. This analysis takes place under a pseudonym and no usage profiles are merged with your personal data. You can prevent the data from being recorded by the Google Tag Manager by clicking on the following link. An opt-out cookie is set which prevents the future collection of your data when you visit this website: opt-out cookie
                            • We work with business partners, e.g. Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA, who help us to make the Internet offer and the website more interesting for you. Therefore, when you visit the website, cookies from these partner companies are also stored on your hard drive. These are cookies that are automatically deleted after a specified period of time. The cookies from our partner companies also only collect data under a cookie ID, which enables our advertising partners to address you with advertising that might actually interest you. You can find out how you can prevent the use of such cookies in section 5.8.
                            • Our website uses technologies from Shopify International Limited, 2nd Floor 1-2 Victoria Buildings, Haddington Road, Dublin 4, D04 XN32, Ireland. Here you can read the privacy policy of Shopify Ltd . can be accessed in English. Therefore, when you visit the website, cookies from Shopify Ltd. stored on your hard drive. These are cookies that are automatically deleted after the specified time. These cookies help us to make the Internet offer and the website more interesting for you and to improve our e-mail newsletter, in particular by adapting our information and offers to the individual interests and needs of the users. You can find out how to prevent the use of HTTP cookies in section 5.8.
                            • Technologies are used on our website to save information about your preferred activities on the website and thus to tailor our website and services to your individual interests. This includes e.g. advertising that corresponds to your personal interests. This is done through graphics or JavaScript calls that are integrated on the website. This allows the following data to be collected: visits to the website and sub-pages, shopping cart campaigns and placing an order. Only the aforementioned data about your use of the website will be saved. This is not done through an assignment to you personally, but by means of the cookie ID. To exclude this technology, you can object to the use of cookies on our homepage with the help of the GDPR Legal Cookie App.
                              If you do not want browser cookies to be used, you can set your browser so that the storage of cookies is not accepted. Please note that in this case you may only be able to use our website to a limited extent or not at all. If you only want to accept our own cookies, but not the cookies from our service providers and partners, you can select the setting in your browser "Block third-party cookies".

                            Data security

                            All information that you transmit to us is stored on servers within Germany, the European Union or the USA. Unfortunately, the transmission of information over the Internet is not completely secure, which is why we cannot guarantee the security of the data transmitted over the Internet to our website. However, we use technical and organizational measures to secure our website and other systems against loss, destruction, access, modification or dissemination of your data by unauthorized persons. In particular, your personal data will be transmitted encrypted with us. We use the coding system SSL (Secure Socket Layer).

                            No transfer of your personal data

                            We do not pass on your personal data to third parties unless you have consented to the data being passed on or we are entitled or obliged to pass on data due to legal provisions and / or official or judicial orders. In particular, this may involve the provision of information for purposes of criminal prosecution, to avert danger or to enforce intellectual property rights.

                            Data protection and third party websites


                            The website may contain hyperlinks to and from third party websites. If you follow a hyperlink to one of these websites, please note that we cannot accept any responsibility or liability for third-party content or their data protection conditions. Please make sure of the applicable data protection conditions before you submit personal data to these websites.

                            Use of social plugins

                              • The website uses so-called social plugins (»plugins«) from the social networks Facebook and Instagram. You can recognize the social plugins by the logos that can be viewed on the websites of the social internet networks. These services are operated by the following companies:

                                • Facebook is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (»Facebook«)
                                • Instagram is operated by Instagram LLC, 1601 Willow Rd, Menlo Park CA 94025, USA (»Instagram«)

                              • When you call up a page on our website that contains such a plugin, your browser establishes a direct connection with the respective server of the social networks. The content of the plugin is transmitted directly from the social networks to your browser, which integrates it into the website.
                              • By integrating the plugins, the social networks receive the information that your browser has accessed the corresponding page of our website, even if you do not have a user profile on the respective social network or are not currently logged in to the social networks. This information (including your IP address) is transmitted directly from your browser to a server of the respective social network outside of Germany and stored there.
                              • If you are logged in to the social network at this point in time, the information that you are visiting our website will be assigned directly to your user profile on the social network. If you interact with the plugins, for example, share a page on our website or, for example, press the "Like" button or the "Share" function on Facebook or leave a comment, the corresponding information is also sent directly to the server of the social network transmitted and stored there. The information is also published on the page of the respective social network under your user profile and displayed to the people you are connected to or who follow you.
                              • The social networks can use this information for the purpose of advertising, market research and the needs-based design of their respective pages. For this purpose, usage, interest and relationship profiles are created by the social networks, e.g. to evaluate your use of our website with regard to the advertisements displayed on the social networks, to inform other users of the social networks about your activities on our website and for more to provide services associated with the use of social networks.
                              • The purpose and scope of the data collection and the further processing and use of the data by the social networks as well as your related rights and setting options to protect your privacy can be found in the data protection information of the social networks:

                              • If you do not want Facebook or Instagram to assign the data collected via our website directly to your user profile in the respective social network, you must log out of the relevant network before visiting our website. You can also completely prevent the plugins from loading with add-ons for your browser, eg with the script blocker »NoScript« ( https://noscript.net ).

                                 

                              Changes to this privacy policy

                              We reserve the right to change these data protection provisions at any time with future effect. A current version is always available on the website. Please visit the website regularly and find out about the applicable data protection regulations. Subscribers to our newsletter will be informed of changes by email.

                              Rights as a data subject

                              • In accordance with Art. 15 GDPR, you have the right to request information about your personal data processed by us to the extent specified there;
                              • In accordance with Art. 16 GDPR, you have the right to immediately request the correction of incorrect or incomplete personal data stored by us;
                              • In accordance with Art. 17 GDPR, you have the right to request the deletion of your personal data stored by us, unless further processing

                                • to exercise the right to freedom of expression and information;
                                • to fulfill a legal obligation;
                                • for reasons of public interest or
                                • is necessary for the establishment, exercise or defense of legal claims;

                              • According to Art. 18 GDPR the right to request the restriction of the processing of your personal data, insofar as

                                • the accuracy of the data is contested by you;
                                • the processing is unlawful, but you refuse to delete it;
                                • we no longer need the data, but you need them to assert, exercise or defend legal claims or
                                • you have objected to the processing in accordance with Art. 21 GDPR

                              • In accordance with Art. 20 GDPR, you have the right to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request that it be transmitted to another person responsible;
                              • According to Art. 77 GDPR, you have the right to complain to a supervisory authority. As a rule, you can contact the supervisory authority of your usual place of residence or work or our company headquarters.

                              Status: February 29, 2020