Privacy Policy

Note: This privacy policy only has informal character, the actual policy is the one in German. If this policy and the one in German differ, the corresponding section in the English version becomes null and void, and the German version becomes legally binding.

Protection of personal data is very important to us. Therefore, our business activities are undertaken in accordance with applicable personal data protection and data security legislation. You will find out below what information we collect, how we use it and whom we may provide it.

Upparel GmbH, 6, Geibelstraße, Munich 81679, Germany (hereafter referred to as "Upparel") is the body responsible under the terms of data protection laws, in particular the EU General Data Protection Regulation (GDPR).

Upparel protects your privacy and your personal data. Upparel collects, processes and uses your personal data under the terms of this Privacy Policy and the applicable European and German data protection laws.

This Privacy Policy governs which personal data about you is collected, processed and used by Upparel. We therefore ask you to read the following instructions carefully.

  1. Personal Data Collection

    1. Personal data under the terms of this Privacy Policy refers to specific data about personal or professional affairs, particularly your name, date of birth, address, credit card and bank details, as well as your contact details (e.g. phone number or email).
    2. Personal data also includes information about your visit to and your use of our website. In this context, we collect personal data from you as follows: information about your visits to our website, e.g. the amount of data transferred, the location where you retrieve information from our website, and other connection information and sources you access. This is usually done via log files and cookies. For more information on log files and cookies, see Section 6.
  2. Intended Use

    We use your personal data for the following purposes:

    1. to provide the services required by you, e.g. the order process, the shopping basket, reminders of cancelled shopping baskets, the newsletter, contact requests, comments, as well as making contact after comment submission;
    2. to ensure that our website is presented to you in the most effective and interesting way, and that our offer and its presentation are based on a balanced price-performance ratio;
    3. to comply with our obligations arising from any contracts between you and us concerning the products and services we offer;
    4. to enable your participation in interactive offers, if you desire to do so;
    5. to provide you with information about our products and the products and services rendered by the entire Upparel Group, if you need it;
    6. to inform you about changes to our services.
  3. Use of Data as Part of Order Processing

    1. We protect your personal data under the terms of the European Data Protection Regulation.
    2. We collect, process and use personal data if and to the extent necessary for the rationale, execution or termination of the respective sales contract.
      Further collection, processing and use of your personal data only takes place if permitted by a legal regulation or you provide your consent.
    3. You acknowledge that your name, consumer or business capacity, address, date of birth, credit card and bank details, and contact details (phone number and email) are required for the rationale and the execution of the contract and that this data is collected, processed and used for that purpose.
    4. We are entitled, to the extent permitted by law, to examine the risk of payment default on the buyer side for the purpose of deciding on the rationale, execution or termination of the sales contract. In this respect, probabilities for the buyer's future behavior are collected and processed. The buyer's address data will also be used to calculate these probabilities.
    5. We are entitled to transfer your data to third parties if and to the extent necessary for the execution of the contract (e.g. for delivery, invoicing or customer service). We will also forward this data, to the extent permitted by law, to third parties (e.g. debt collection companies) for the purpose of enforcing claims.
    6. The use of personal data if Klarna is selected as payment method: If you choose Klarna Purchase on Account as a payment option, you agree that we will transfer personal data collected during your order process and data required for the processing of the purchase on account and for an identity and credit check, as well as your payment data and your shopping basket information to Klarna. This data is transferred for Klarna to be able to create an invoice for the processing of your purchase using the method you require and to carry out an identity and credit check. According to the German Federal Data Protection Act, Klarna has a legitimate interest in the transmission of the buyer's personal data and requires it to obtain information from credit agencies for the purposes of identity and credit checks.
      In the context of deciding on the rationale, execution or termination of the contractual relationship when selecting one of Klarna's payment services, apart from address validation, Klarna also collects and uses information about the buyer's previous payment history and probabilities for its behaviour in the future. These score values will be calculated by Klarna based on a scientifically recognised mathematical and statistical procedure. Klarna will also use your address details. If this calculation shows that your creditworthiness requirement is not met, Klarna will inform you immediately.
      Click here for general information about Klarna. Your personal details will be handled in accordance with the applicable data protection provisions and as specified in Klarna's Privacy Policy.
    7. Review Reminder by Trusted Shops: if you have given us your explicit consent to do so during or after your order by activating a check-box or by clicking the relevant button ("Rate later"), we will submit your email address to Trusted Shops GmbH, 15c, Subbelrather St., Cologne 50823 (https://www.trustedshops.de) to send a reminder to you via email of the opportunity to submit a review to rate your order. This consent can be withheld at any time by sending a message to the contact specified in para. 3.10 or directly to Trusted Shops.
    8. Pursuant to statutory requirements and upon request, we will provide you with information about your personal data free of charge. Pursuant to statutory requirements, you have the right to request that your data be deleted, corrected or blocked.
    9. You may object to any use of your personal data for advertising purposes at any time with an informal notification of Upparel without incurring any costs other than the transmission costs in accordance with the base rates. After receipt of the objection, we will no longer use the data concerned for advertising purposes after the end of the transitional period communicated to you in individual cases.
    10. The entity responsible for all privacy-related questions and for the exercise of the rights referred to in paras. 3.7 to 3.9 is

      Upparel GmbH
      6, Geibelstraße
      Munich 81679
      phone: +49 30 / 44 31 20 74
      fax: +49 30 / 44 31 20 10
      email: datenschutz@ognx.com

  4. Use of Data When Subscribing to the Email Newsletter

    We send newsletters, emails and other electronic notifications with advertisements (hereinafter referred to as the "newsletter") only upon the recipient's consent or is permitted by law. Insofar as the content of the newsletter is concretely described in the context of a subscription to it, it is decisive for the user's consent. Our newsletters incidentally contain information about our new products, offers and promotions (in particular, this may include references to blog posts, lectures or workshops, our services or on-line presence).

    1. Double-Opt-In and Logging
      The subscription to our newsletter is carried out by so-called double-opt-in procedure. I.e. after subscription you will receive an email asking to confirm your registration. This confirmation is necessary so that nobody can subscribe with external emails.
      The subscription for the newsletter will be logged to prove the subscription process in compliance with the legal requirements. In particular, login and confirmation date and time, as well as the IP address will be stored. Likewise, the changes made to your data will be logged.
    2. Use of the Klaviyo Mail Service
      The newsletter is sent via "Klaviyo", 225 Franklin St, Boston, MA 02110, USA.
      Our newsletter recipients' emails, as well as their other information described in this Guide, are stored on the Klaviyo servers in the USA.

      Klaviyo uses this information to send and validate the newsletters on our behalf. Furthermore, Klaviyo may use this information for the purpose of optimising or improving its own services, e.g. for the technical optimisation of the newsletter distribution and display or for economic purposes to determine the countries the recipients come from. However, Klaviyo does not use our newsletter recipients' data to record them or to transfer them to third parties.

      We put our trust into the Klaviyo's reliability, IT and data security. Klaviyo is certified under the EU-US data protection agreement "Privacy Shield" and is committed to complying with the EU privacy standards. Furthermore, we have concluded a data processing agreement with Klaviyo. This is a contract stipulating that Klaviyo commits to protecting our users' privacy, processing their data on our behalf in accordance with its privacy policy and, in particular, not disclosing it to third parties. Click for  Klaviyo Privacy Policy.
    3. Credentials
      Your email address is sufficient to subscribe to the newsletter.
      As an option, we ask you to enter your name and surname. This information is only used to personalise the newsletter. Furthermore, we also optionally ask for your date of birth and the form of address. We only use this information to adapt the content of the newsletter to our readers' interests.
    4. Statistical Survey and Analysis
      The newsletters contain so-called "web-beacons", i.e. a tiny file retrieved from the Klaviyo server when the newsletter is opened. It is used to obtain technical information like browser and system data, as well as your IP address and the time. This information is used to improve the technical performance of the services based on the specifications or audience and their reading habits depending on the retrieval locations (which can be determined using the IP address) or the time of access.
      Statistical surveys are also used to determine whether the newsletters are opened, when they are opened and what links were clicked. For technical reasons, this information can be assigned to individual newsletter recipients. However, it is neither Klaviyo's nor our desire to observe individual users. The evaluations serve more to recognise our users' reading habits and to adapt our content to them or to send different content according to our users' interests.
    5. Online Calls and Data Management
      There are cases when we direct the newsletter recipients to the Klaviyo websites. For example, our newsletters contain a link that allows newsletter recipients to access the newsletters on-line (e.g. in the event of the email client display problems). Furthermore, newsletter recipients can correct their data later, e.g. the email address. Also, Klaviyo Privacy Policy is only available on their site.
      In this context, we would like to point out that cookies are used on the Klaviyo websites. This means that personal data is processed by Klaviyo, its partners and service providers (e.g. Google Analytics). We have no influence on this data collection. For more information, see the Privacy Policy of Klaviyo. We also point out the opportunity to raise objections to the collection of data for advertising purposes on http://www.aboutads.info/choices and http://www.youronlinechoices.com (for the European market).
    6. Termination/Cancellation
      You can cancel the subscription to our newsletter, i.e. revoke your consent, at any time. With this, your consent to sending it via Klaviyo and to the statistical analysis will be withheld at the same time. Unfortunately, neither the distribution via Klaviyo nor the statistical analysis can be revoked separately.
      A link to cancel the subscription to the newsletter can be found at the end of each newsletter.
    7. Legal Bases of Data Protection Regulation
      In accordance with the provisions of the Data Protection Regulation (DSGVO) of May 25, 2018, please be informed that the consent is required to dispatch of email addresses pursuant to Cl. 6, Para. 1 (a, 7) of the DSGVO as well as pursuant to Sec. 7, Para. 2, No. 3 or Para. 3 of the Fair Trade Practices Act (UWG). The use of the Klaviyo mail service provider, undertaking statistical surveys and analyses as well as the registration process logging are based on our legitimate interests under Cl. 6, Para. 1 (f) of the DSGVO. We are interested in using a user-friendly and secure newsletter system to serve both our business interests and the expectations of our users.

    We also wish to point out that in accordance with legal requirements stipulated in Cl. 21 of the DSGVO you may object to the processing of your personal data at any time. In particular, the objection may be made against data processing for direct marketing purposes.

    It is possible to unsubscribe from the newsletter at any time; it can be done either by sending a message to the contact indicated in para. 3.10 or via the link provided in the newsletter.

  5. Information about Your Computer, Cookies and Targeting

    1. Each time you access our site, we collect the following information about your computer: your computer's IP address, your browser's requests and the time they have been made. In addition, the status and the amount of data transferred are recorded as part of this request. We also collect information about the type and version of the browser, and the operating system installed on your computer. We keep track of websites accessing our site. Your computer's IP address will be stored for the time of your use of the website only and then immediately deleted or anonymised by reduction. The remaining data is stored for a limited period of time. In addition to the purposes stipulated in para. 2 of this Privacy Policy, we use this data for the operation purposes of our website, particularly to detect and eliminate errors, to determine the load of the website and to make adjustments or improvements.
    2. We may also collect information about your use of our website by means of the so-called HTTP cookies or web storage. They are small text files stored on your disk used to keep certain settings and data for sharing with our system through your browser. A cookie usually contains the name of the domain the cookie data was sent from, as well as cookie age information and an alphanumeric identifier. Cookies allow our systems to recognise the user's device and make all possible presets immediately available. For example, we can record your shopping basket, the last products you have viewed or the filter settings you have selected on catalogue pages. As soon as a user accesses the platform, a cookie is transmitted to the hard disk of the respective user's computer. Cookies help us improve our website and offer you a better and more personalised service. You allow us to recognise your computer when you return to our website and as a result:
      • save information about your favourite activities on the website and this way tailor our website to your individual interests, particularly advertisements that suit your personal interests.
      • streamline the processing of your requests.
    3. The cookies we use will only store information about your use of the website described above. This goal is achieved not by assigning an identification number to you personally, but by assigning it to the cookie ("cookie ID"). The cookie ID is not merged with your name, your IP address or similar data that would allow the cookie to be assigned to you. To learn how to prevent the use of browser cookies, please refer to para. 5.8.
    4. Our website uses so-called tracking technologies. We use these technologies to make the Internet services more interesting for you. This technology makes it possible to target Internet users who are already interested in our website towards our partners' websites by means of advertising. This advertising material is shown on our partners' sites based on a cookie technology and on the analysis of the previous usage behaviour. This analysis is performed under a pseudonym and no user profiles are merged with your personal data. You can prevent Google Tag Manager from data recording by clicking the link below. An opt-out cookie will be set to prevent future collection of your data when you visit this website: Opt-Out Cookie
    5. We cooperate with various business partners, e.g. Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA, that help us make the Internet services and the website more interesting for you. Therefore, these partners’ cookies are also stored on your hard drive when you visit the website. These are automatically deleted after a specified time. The data that enables our advertising partners to contact you with advertising that might actually interest you is also collected by means of cookies of our partner companies under a cookie ID. To learn how to prevent the use of such cookies, please refer to para. 5.8.
    6. Our website uses the technologies by Shopify International Limited, 2nd floor 1-2 Victoria Buildings, Haddington Road, Dublin 4, D04 XN32, Ireland. Click here to retrieve Shopify Ltd. Privacy Policy in English. Therefore, the cookies of Shopify Ltd. are also stored on your hard drive when you visit the website. These are automatically deleted after a specified time. These cookies help us make the Internet services and the website more interesting for you and improve our email newsletters, in particular by adapting our information and offers to the users' individual interests and needs. To learn how to prevent the use of HTTP cookies, please refer to para. 5.8.
    7. Our website uses the technologies to save information about your favourite activities on the website and this way tailor our website and services to your individual interests, particularly advertisements that suit your personal interests. This is done through graphics or JavaScript calls integrated on the website. In this way, the following data is collected: visits of the website as well as its sub-pages, basket actions and order placement. Only the aforementioned data about your use of the website will be saved. This goal is achieved not by means of assignment to you personally, but by means of the cookie ID. To reject this technique, you can set an opt-out cookie. To do this and to make an objection, please click here: Opt-Out Cookie
    8. If you do not want to use browser cookies, you can change your browser settings to reject them. Please be advised that in such a case you will be able to use our website only to a restricted extent, if at all. If you want to accept our own cookies only, but not the cookies of our service providers and partners, you can set your browser to block "third-party cookies".
  6. Data Security

    All information you transmit to us will be stored on the servers in Germany, the European Union or the USA. Unfortunately, the transmission of information via the Internet is not completely secure, which is why we cannot guarantee the security of data sent to our website over the Internet. However, we secure our website and other systems through technical and organisational measures against loss, destruction, access, modification or dissemination of your data by unauthorised persons. In particular, your personal data will be transmitted to us in an encrypted form. For this purpose, we use the SSL (Secure Socket Layer) coding system.
  7. No Transfer of Your Personal Data

    We do not pass your personal data to third parties, unless you give consent to data transfer or we are entitled or obliged to data transfer due to legal regulations and/or orders by the authorities or courts. This may, in particular, be the provision of information for law enforcement purposes, hazard prevention measures or intellectual property rights enforcement.
  8. Third-party Privacy Policy and Websites

    The website may contain hyperlinks to/originating from the websites of third parties. If you follow a link to any of these websites, please note that we cannot assume any liability or offer guarantee for the external content or its data protection provisions. Please make sure you read and understood the relevant privacy policy before submitting personal data to these websites.
  9. Use of Social Plugins

    1. The website uses so-called social plugins ("plugins") of social networks Facebook, Google+, Twitter and Pinterest. The social plugins can be recognised by the logos that can be seen on the websites of the social 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")
    2. If you request a page of our website, which contains such a plugin, your browser will establish a direct connection to the respective social network server. The content of the plugin is transmitted by the social network directly to your Internet browser and integrated by it in the website.
    3. By integrating the plugin, the social networks receive the information that your browser has accessed the relevant page of our website, even if you do not have a user profile in the respective social network or are currently not logged in to the social networks. This information (including IP address) is transmitted directly from your Internet browser to the server of the respective social network outside Germany and stored there.
    4. If you are logged in to the social network at this time, the information about you visit of our website will be directly associated with your social network user profile. If you interact with the plugins, for example, share our website page or, for example, if you click the "Like" button or use the "Share" function of Facebook or post a comment, the corresponding information is also transmitted directly to the server of the social network and stored there. The information will also be published on the social network page under your user profile and displayed to the people you are connected to or that follow you there.
    5. Social networks may use this information for the for the purpose of advertising, market research and tailoring their respective pages to the visitors' needs. For this purpose, social networks create profiles regarding usage, interests and relationships, e.g. to evaluate your use of our website with regard to the advertisements displayed to you on social networks, to inform other social network users about your activities on our website, and to provide other services related to the use of social networks.
    6. For the purpose and scope of data collection as well as for further processing and use of the data by the social networks and your related rights and configuration options for the protection of your privacy, please refer to the Privacy Policy of the social network:
    7. If you do not want Facebook, Google or Instagram to link the data collected via our website to your user profile in the respective social network, you need to log out of the relevant social network before visiting our website. You can even completely prevent the plugins from loading using add-ons for your browser, e.g. using "NoScript" script blocker (https://noscript.net).
  10. Amendments to This Privacy Policy

    We reserve the right to change this Privacy Policy at any time with effect for the future. The current version is available on the website. Please visit the website regularly for the effective Privacy Policy.
  11. Your Rights and Contact Details

    At any time and without giving any reason, you can enquire information about your personal data stored by us at no cost and, if necessary, request its rectification and/or erasure and/or blocking. To do this and/or to obtain more information, contact datenschutz@ognx.com. If you have any questions, comments or enquiries regarding our collection, processing and use of your personal data, please also contact us using the provided contact details.

May 20, 2019