data protection

The protection of personal data is important to us. Therefore, our business activities are carried out in accordance with the applicable legal regulations on the protection of personal data and data security. Below you will find out what information we may collect, how we handle it and who we may provide it to.

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

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

These data protection regulations 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

• Personal data within the meaning of these data protection regulations is individual information 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).
• Personal data also includes information about your visit 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 data transfer, the location from which you access data from our website and other connection data and sources that you access. 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 request, 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 to you is based on a balanced price-performance ratio;
• To fulfill our obligations arising 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 wish;
• To provide you with information about our and the entire Upparel Group's products and services, if you request this;
• To inform you about changes to our services.

Use of data as part of order processing

• We will protect your personal data in accordance with the European General Data Protection Regulation .
• Personal data is collected, processed and used by us if and to the extent this is necessary for the establishment, implementation or termination of the respective purchase contract.
• Further collection, processing and use of your personal data will only take place if this is permitted by law or if you have given your consent.
• You are aware that your name, consumer or business status, address, date of birth, credit card and account details and contact details (telephone number and email address) are required for the establishment and implementation of the contract and that these data are collected for this purpose, processed and used.
• We are entitled - to the extent permitted by law - to examine the risk of non-payment on the buyer's side for the purpose of deciding on the establishment, implementation or termination of the purchase contract. In this respect, probability values ​​for the buyer's future behavior 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 this is necessary to carry out the contract (e.g. for shipping, 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.
• In collaboration 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. You can find the billing conditions for Germany here.
• Installment purchase: With Klarna's financing service, you can pay for your purchase flexibly in monthly installments of at least 1/24 of the total amount (but at least €6.95) or under the conditions otherwise stated in the checkout. The installment payment is due at the end of the month after Klarna sends a monthly invoice. Here you can find further information about installment purchase including the general terms and conditions and the European standard information for consumer credit.
• Immediately: Your account will be debited immediately after you place your order. With the TÜV Saarland-certified payment system “Sofort” you can pay easily and securely with your usual online banking data without registration thanks to PIN&TAN.
• Direct debit: The debit takes place after the goods have been dispatched. The time will be communicated to you by email.
  
  
• The use of the payment methods invoice, installment purchase and direct debit requires a positive credit check. You can find further information and Klarna's user conditions here. Here you can find general information about Klarna . Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulations .
• Rating 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 email address for the reminder to submit a review of your order to Trusted Shops GmbH, Subbelrather Str. 15c, 50823 Cologne ( https://www.trustedshops.de ), so that they can remind you by email of the opportunity to submit a review. 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.
• Subject to legal requirements, we will provide you with free information about the personal data we have stored relating to you upon request and free of charge. 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 notification to Upparel, without incurring any costs other than the transmission costs according to the basic tariffs. After receiving the objection, we will no longer use the data concerned for advertising purposes after the transition period we have communicated to you in each individual case has expired.
• The responsible body for all data protection-related questions and for exercising the rights described under sections 3.7 to 3.9 is:

Use of data when registering for the email newsletter

We only send newsletters, emails and other electronic notifications with promotional information (hereinafter “newsletter”) with the consent of the recipient or legal permission. If the contents are specifically described when registering for the newsletter, they are decisive for the user's consent. Our newsletters also contain information about our new products, offers and promotions (this may in particular include 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 you register you will receive an email asking you to confirm your registration. This confirmation is necessary so that no one can log in with someone else's email address.
  Registrations for the newsletter are logged in order to be able to provide evidence of the registration process in accordance with legal requirements. This includes storing the registration and confirmation times as well as the IP address. Changes to your saved data are also logged.
  
  
• Use of the shipping 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 their other data described in this information, are stored on Klaviyo's servers in the USA. Klaviyo uses this information to send and evaluate the newsletters on our behalf. Furthermore, Klaviyo can, according to its own information, use this data to optimize or improve its own services, for example to technically optimize the dispatch and presentation of the newsletter or for economic purposes to determine which countries the recipients come from. However, Klaviyo does not use the data of our newsletter recipients to write to them ourselves or to pass them on to third parties.
  We trust Klaviyo's reliability and IT and data security. Klaviyo is certified under the US-EU data protection agreement “Privacy Shield” and is therefore obliged to comply with EU data protection regulations. We have also concluded a data processing agreement with Klaviyo. This is a contract in which Klaviyo undertakes to protect our users' data, 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 Klaviyo’s privacy policy in English.
  
  
• Login details
  To register for the newsletter, all you need to do is enter 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 title. We only use this information to adapt the content of the newsletter to the interests of our readers.
  
  
• Statistical survey and analysis
  The newsletters contain a so-called “web beacon”, ie a pixel-sized file that is retrieved from the Klaviyo server when the newsletter is opened. As part of this retrieval, technical information is initially collected, such as information about the browser and your system, as well as your IP address and the time of retrieval. This information is used to technically improve the services based on the technical data or the target groups and their reading behavior based on the access locations (which can be determined using the IP address) or the access times.
  The statistical surveys also include determining whether the newsletters are opened, when they are opened and which links are clicked. For technical reasons, this information can be assigned to individual newsletter recipients. However, it is neither our nor Klaviyo's intention to monitor 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 newsletter recipients to Klaviyo's websites. For example, our newsletters contain a link with which newsletter recipients can access the newsletter online (e.g. in the event of display problems in the email program). Furthermore, newsletter recipients can subsequently correct their data, such as their email address. Klaviyo's privacy policy is also only available on their website.
  In this context, we would like to point out that cookies are used on Klaviyo's websites and that personal data is processed by Klaviyo, its partners and the service providers used (e.g. Google Analytics). We have no influence on this data collection. Further information can be found in Klaviyo's privacy policy . We would also like to point out the possibility of objecting to data collection for advertising purposes on the websites http://www.aboutads.info/choices and http://www.youronlinechoices.com (for the European area).
  
  
• Termination/revocation
  You can unsubscribe from our newsletter here at any time, i.e. revoke your consent. This means that your consent to sending it via Klaviyo and the statistical analyzes will expire at the same time. Unfortunately, a separate revocation of shipping via Klaviyo or the statistical evaluation is not possible.
  You will find a link to unsubscribe from the newsletter at the end of each newsletter.
  
  Legal basis General Data Protection Regulation
  In accordance with the requirements of the General Data Protection Regulation (GDPR), which applies from May 25, 2018, we inform you that consent to the sending of email addresses is based on Article 6 Paragraph 1 Letter a, 7 GDPR and Section 7 Paragraph 2 No. 3 or paragraph 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 Paragraph 1 Letter f of the GDPR. Our interest is in using a user-friendly and secure newsletter system that serves our business interests as well as meets the expectations of users.

information about your computer, Cookies and targeting

• Every time you access our site, we collect the following information about your computer: your computer's IP address, 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 you use 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 duration of your use of the website and is then immediately deleted or anonymized by shortening it. The remaining data is stored for a limited period of time. In addition to the purposes set out in Section 2 of these data protection regulations, we use this data to operate our website, in particular to identify 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 web storage . These are small text files that are stored on your data carrier and which store certain settings and data for exchange with our system via your browser. A cookie typically contains the name of the domain from which the cookie data was sent, information about the age of the cookie, and an alphanumeric identifier. Cookies enable our systems to recognize the user's device and make any default settings immediately available. For example, we can record your shopping cart, the last products you 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 offer you a better and more tailored service. You enable us to recognize your computer when you return to our website and thereby:
  
  
• Store information about your preferred activities on the website and thus tailor our website to your individual interests. This includes, for example, advertising that matches your personal interests.
• To speed up the speed of processing your requests.
• The cookies we use only store the data explained above about your use of the website. This is not done by assigning it to you personally, but rather by assigning an identification number to the cookie (“cookie ID”). The cookie ID is not combined with your name, your IP address or similar data that would enable the cookie to be assigned to you. You can find out how you can 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 target Internet users who have already shown an interest in our website with advertising on our partners' websites. The display of these advertising materials on our partners' websites is based on cookie technology and an analysis of previous usage behavior. This analysis is carried out under a pseudonym and no usage profiles are combined with your personal data. You can prevent the collection carried out by the Google Tag Manager by clicking on the following link. An opt-out cookie is set to prevent 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 make the Internet offering and the website more interesting for you. Therefore, when you visit the website, cookies from these partner companies are 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. Shopify Ltd's privacy policy can be found here. can be accessed in English. Therefore, cookies from Shopify Ltd. are also used when you visit the website. stored on your hard drive. These are cookies that are automatically deleted after the specified time. These cookies help us to make the Internet offering and the website more interesting for you and to improve our email newsletters, in particular by adapting our information and offers to the individual interests and needs of the users. You can find out how you can prevent the use of HTTP cookies in section 5.8.
• Our website uses technology to store information about your preferred activities on the website in order to tailor our website and services to your individual interests. This includes, for example, advertising that matches your personal interests. This is done through graphics or JavaScript calls that are integrated into the website. This allows the following data to be collected: visits to the website and sub-pages, shopping cart actions and the placement of an order. Only the aforementioned data about your use of the website is stored. This is not done by assigning it to you personally, but rather using the cookie ID. To exclude this technology, you can object to the use of cookies on our homepage using 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 of our service providers and partners, you can select the “Block third-party cookies” setting in your browser.

Data security

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

No sharing of your personal data

We will 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 the data due to legal regulations and/or official or court orders. This may in particular involve providing information for the purposes of criminal prosecution, to avert danger or to enforce intellectual property rights.

Privacy 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 assume any responsibility or guarantee for third-party content or their data protection conditions. Please check the applicable privacy policy before submitting personal information 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”)
• If you access a page on our website that contains such a plugin, your browser establishes a direct connection with the respective social network server. The content of the plugin is transmitted directly from the social networks to your browser and integrated into the website by it.
• By integrating the plugins, the social networks receive the information that your browser has accessed the corresponding page on 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 network. This information (including your IP address) is transmitted from your browser directly to a server of the respective social network outside Germany and stored there.
• If you are logged in to the social network at this point, the information that you are visiting our website will be directly assigned to your user profile on the social network. If you interact with the plugins, for example, share a page on our website or press the "Like" button or the "Share" function on Facebook or make a comment, the corresponding information is also sent directly to the social network's server transmitted and stored there. The information is also published on the respective social network page under your user profile and shown to the people with whom you are connected there or who follow you.
• The social networks can use this information for the purposes 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, for example 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 other purposes to provide services related to the use of social networks.
• The purpose and scope of 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:
  
  
• Facebook data protection information: https://www.facebook.com/policy.php .
• Data protection information from Instagram: https://help.instagram.com/155833707900388/
• If you do not want Facebook or Instagram to directly assign the data collected via our website 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, for example with the script blocker “NoScript” ( https://noscript.net ).

Changes to this Privacy Policy

We reserve the right to change this privacy policy at any time with future effect. A current version is available on the website. Please visit the website regularly and inform yourself 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, the right to request information about your personal data processed by us to the extent specified therein;
• in accordance with Art. 16 GDPR, you have the right to immediately request the correction of incorrect or complete 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 is required
  
  
• to exercise the right to freedom of expression and information;
• to fulfill a legal obligation;
• for reasons of public interest or
• is necessary to assert, exercise or defend legal claims;
  
  
• in accordance with Art. 18 GDPR, you have the right to request the restriction of the processing of your personal data, insofar as
  
  
• you dispute the accuracy of the data;
• the processing is unlawful but you object to its deletion;
• we no longer need the data, but you need it 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, 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.

As of: February 29, 2020