Privacy Policy

Ahoy and welcome to our website!

Upcrate is committed to protecting your privacy. We hereby inform you which personal information we collect, how we use it and what rights you have when using our website. COLORSPAZE LTD, represented by Clemens Roosen ("Upcrate", "we" or "us") is responsible for the processing of personal data collected through the websites www.upcrate.art, www.upcrate.de, www.shop.upcrate.art.

Data protection

The use of our website is usually possible without providing personal data. As far as on our sides personal data (for example name, address or E-Mail addresses) are raised, this takes place, as far as possible, always on voluntary basis. These data will not be disclosed to third parties without your explicit consent.

Server log files

The provider of the pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are: • Browser type and browser verse • used operating system • Referrer URL • Host name of the accessing computer • Time of the server request • Transmitting amount of data • IP address These data cannot be assigned to specific persons. There is no merge of this data with other data sources. We reserve the right to check this data retrospectively, if we become aware of specific indications for illegal use. The processing of this data is based on Art. 6 para. 1 lit. following DSGVO to ensure trouble-free operation of our website.

Orders

When ordering, we collect and process your personal data only to the extent necessary to fulfill and process your order. Because processing is necessary to conclude a contract with you or steps are required before concluding a contract with you (for example, when you shop with us, we use your personal information to process the payment and to fulfill your order). Processing is based on Art. 6 para. 1 lit. b DSGVO and is required to fulfill a contract with you. A disclosure of your data is done, for example, to shipping companies and payment service providers.

Contact form

When using the contact form, personal data (such as name, e-mail address, message text) will only be collected in the amount provided by you. The data serve the purpose of contacting. By sending your message, you consent to the processing of the transmitted data. The processing is based on Art. 6 para 1 lit. a GDPR. You can revoke your consent at any time. We only use your e-mail address to process your request. Your data will be deleted afterwards.

Newsletter

If you would like to receive our newsletter, we require a valid email address as well as information that allows us to verify that you are the owner of the specified email address and that you agree to receive this newsletter. No additional data is collected or is only collected on a voluntary basis. We only use this data to send the requested information and do not pass it on to third parties.

We will, therefore, process any data you enter onto the contact form only with your consent per Art. 6 (1) (a) DSGVO. You can revoke consent to the storage of your data and email address as well as their use for sending the newsletter at any time, e.g. through the “unsubscribe” link in the newsletter. The data processed before we receive your request may still be legally processed.

The data provided when registering for the newsletter will be used to distribute the newsletter until you cancel your subscription when said data will be deleted. Data we have stored for other purposes (e.g. email addresses for the members area) remain unaffected.

Mailchimp

This website uses the services of MailChimp to send newsletters. This service is provided by Rocket Science Group LLC, 675 Ponce De Leon Ave NE, Suite 5000, Atlanta, GA 30308, USA.

MailChimp is a service which organizes and analyzes the distribution of newsletters. If you provide data (e.g. your email address) to subscribe to our newsletter, it will be stored on MailChimp servers in the USA.

Mailjet

This website uses Mailjet to send newsletters. The provider is Mailjet SAS, 13-13 bis, Rue de l'Aubrac - 75012 Paris, France. Mailjet is a service that organizes and analyzes the sending of newsletters. The data you enter for the purpose of receiving newsletters (e.g. e-mail address) is stored on Mailjet's servers in the EU. Our newsletters sent with Mailjet allow us to analyze the behavior of newsletter recipients. Here, among other things, it can be analyzed how many recipients have opened the newsletter message and how often which link in the newsletter was clicked. With the help of so-called conversion tracking, it can also be analyzed whether a predefined action (e.g. purchase of a product on our website) has taken place after clicking on the link in the newsletter. For more information on data analysis by Mailjet Newsletter, please visit: https://www.mailjet.de/funktion/tracking-tools/. The data processing is based on your consent (Art. 6 para. 1 lit. a DSGVO). You can revoke this consent at any time by unsubscribing from the newsletter. The legality of the data processing operations already carried out remains unaffected by the revocation.

If you do not want any analysis by Mailjet, you must unsubscribe from the newsletter. For this purpose, we provide a corresponding link in every newsletter message. Furthermore, you can also unsubscribe from the newsletter directly on the website. The data you provide for the purpose of receiving the newsletter will be stored by us until you unsubscribe from the newsletter and will be deleted from our servers as well as from the servers of Mailjet after you unsubscribe from the newsletter. Data stored by us for other purposes (e.g. e-mail addresses for the member area) remain unaffected by this. For more details, please refer to Mailjet's "Security and Privacy" information at https://www.mailjet.com/security-privacy/ and Mailjet's privacy policy at https://www.mailjet.com/privacy-policy/

Shipping service

As part of the contract, we will share your email address with our suppliers, who will take over the transport of the goods to you, provided that you have expressly agreed to this during the ordering process. Processing is based on Art. 6 para. 1 lit. a DSGVO with your consent. You may revoke your consent at any time by notifying us or the carrier.

Payment service

Use of PayPal

All PayPal transactions are subject to the PayPal Privacy Policy. These can be found at https://www.paypal.com/en/webapps/mpp/ua/privacy-full

Use of the Klarna checkout

The checkout solution is provided by Klarna AB (Sveavägen 46, 111 34 Stockholm, Sweden) and uses cookies to provide you with an ideal, tailored online experience when using the checkout. Processing is based on Art. 6 para. 1 lit. a DSGVO with your consent. You can revoke your consent at any time without affecting the legality of the processing carried out on the basis of the consent to revocation. You can prevent the storage of cookies by selecting appropriate technical settings of your browser software; however, we point out that in this case you may not be able to use all the functions of this website in full.

A detailed list of cookies and an explanation of their purpose can be found here https://cdn.klarna.com/1.0/shared/content/policy/cookie/en_at/checkout.pdf.

Use of personal data when choosing Klarna as payment method

If you have opted for Klarna’s payment services Klarna Rechnung and / or Klarna installment purchase as a payment option, you have consented to the following personal data such as name and surname, address, date of birth, necessary for the processing of the invoice purchase and an identity and credit check, Gender, e-mail address, IP address, telephone number as well as the data necessary for the settlement of the invoice purchase, which are related to the order, such as the number of articles, article number, invoice amount and taxes in percent, levied and to Klarna have transmitted. The data processing serves the purpose of the offer of the payment methods invoice purchase and installment purchase as well as the necessary credit check. Processing is based on Art. 6 para. 1 lit. a DSGVO with your consent. You may revoke your consent at any time by notifying us without affecting the legality of the processing based on the consent to revocation.

The transmission of this data takes place so that Klarna can prepare an invoice for the processing of your purchase with the invoice processing you require and carry out an identity and credit check. Klarna needs the personal data of the buyer in order to obtain information from credit reference agencies for the purposes of identity and credit checks. In Germany, these may be the following credit bureaus:

– Schufa Holding AG, Kormoranweg 5, 65203 Wiesbaden

– Bürgel Business Information GmbH & Co. KG, PO Box 5001 66, 22701 Hamburg

– Creditreform Bremen Seddig KG, Contrescarpe 17, 28203 Bremen

– Infoscore Consumer Data GmbH, Rheinstrasse 99, 76532 Baden-Baden.

In the context of the decision on the establishment, implementation or termination of the contractual relationship Klarna collects and uses apart from an address check also information on the previous payment history of the buyer and probability values ​​for this behavior in the future. Klarna calculates these score values ​​based on a scientifically recognized mathematical-statistical procedure. Klarna will also use your address data. If this calculation shows that your creditworthiness is not met, Klarna will inform you immediately.

Revocation of the use of personal data against Klarna

1. You can revoke your consent to the use of your personal data with Klarna at any time. However, Klarna may continue to be entitled to process, use and transmit the personal data insofar as this is necessary for contractual payment processing by Klarnas Services, is required by law, or is required by a court or an authority.

2. You can obtain information about the personal data stored by Klarna at any time. This right is guaranteed by the Federal Data Protection Act. If you as a buyer wish this or if you want to inform Klarna about changes to the stored data, you can contact datenschutz@klarna.de.

Stripe

We offer the option to process the payment transaction via the payment service provider Stripe, ℅ Legal Process, 510,Townsend St., San Francisco, CA 94103 (Stripe). This is in line with our legitimate interest in offering an efficient and secure payment method (Art. 6 para. 1 lit. f DSGVO). In this context, we share the following data with Stripe to the extent necessary for the performance of the contract (Art. 6 para. 1 lit b. DSGVO).

Name of the cardholder, E-mail address, Customer number, Order number, Bank details, Credit card data, Credit card validity period, Credit card verification number (CVC), Date and time of transaction, Transaction amount, Name of the provider, Place

Processing of the data provided under this section is not required by law or contract. We cannot process a payment via Stripe without the submission of your personal data. You have the option to choose another payment method. For more information on opting out and opting out of Stripe, please visit: https://stripe.com/privacy-center/legal

Cookies

The internet pages partly use so-called cookies. Cookies do not harm your computer and do not contain viruses. Cookies are used to make our offer more user-friendly, effective and secure. Cookies are small text files that are stored on your computer and stored by your browser.

Most of the cookies we use are so-called “session cookies”. They are automatically deleted after your visit. Other cookies remain stored on your device until you delete them. These cookies allow us to recognize your browser on your next visit.

You can set your browser so that you are informed about the setting of cookies and cookies only in individual cases allow, the acceptance of cookies for certain cases or generally exclude and activate the automatic deletion of cookies when closing the browser. Disabling cookies may limit the functionality of this website.

Privacy Policy for the use of Google Analytics

This website uses functions of the web analytics service Google Analytics. Provider is Google Inc., 1600 Amphitheater Parkway Mountain View, CA 94043, USA.

Google Analytics uses so-called “cookies”. These are text files that are stored on your computer and that allow an analysis of the use of the website by you. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there.

For more information on how to handle user data on Google Analytics, please refer to the Google Privacy Policy: https://support.google.com/analytics/answer/6004245?hl=en

Browser plugin

You can prevent the storage of cookies by a corresponding setting of your browser software; however, we point out that in this case you may not be able to use all the functions of this website in full. In addition, you may prevent the collection by Google of the data generated by the cookie and related to your use of the website (including your IP address) and the processing of this data by Google by downloading the browser plug-in available under the following link and install: https://tools.google.com/dlpage/gaoptout?hl=en

Opposition to data collection

You can prevent the collection of your data by Google Analytics by clicking on the following link. An opt-out cookie is set that prevents the collection of your data on future visits to this website: disable Google Analytics

Duration of storage

Your data is initially stored for the duration of the warranty period and taking into account legal retention periods. After the deadline, they will be deleted, unless you have agreed to the further processing and use.

Rights of the data subject

You have the right to request a confirmation as to whether the data in question is being processed and for information about this data as well as for further information and a copy of the data in accordance with Art. 15 GDPR.

You have accordingly. Art. 16 DSGVO the right to demand the completion of the data concerning you or the correction of the incorrect data concerning you.

In accordance with Art. 17 GDPR, they have the right to demand that the relevant data be deleted without delay, or, alternatively, to require a restriction of the processing of data in accordance with Art. 18 GDPR.

You have the right to demand that the data relating to you, which you have provided to us, be obtained in accordance with Art. 20 GDPR and request their transmission to other responsible persons.

You have gem. Art. 77 DSGVO the right to file a complaint with the competent supervisory authority.

Comments and posts

If users leave comments or other posts, their IP addresses may be based on our legitimate interests as defined in Art. 6Abs. 1 lit. f. DSGVO be stored for 7 days. This is for our own safety, if someone leaves illegal content in comments and contributions (insults, prohibited political propaganda, etc.). In this case, we may be sued for the comment or post and are therefore interested in the identity of the author.

Furthermore, we reserve the right, in accordance with our legitimate interests. Art. 6 para. 1 lit. f. DSGVO to process the information of users for the purpose of spam detection.

The data provided in the comments and contributions are stored by us permanently until the users object.

Revocation

You also have the right to object to the use of your data for specific purposes, including the receipt of advertising. After the objection, we will stop the processing of the relevant data for the purpose of direct mailing.

SSL encryption

This site uses SSL encryption for security reasons and to protect the transmission of sensitive content, such as the requests you send to us as the site operator. An encrypted connection is indicated by the browser’s address bar changing from “http: //” to “https: //” and the lock icon in your browser bar.

If SSL encryption is enabled, the data you submit to us can not be read by third parties.

Google webfonts

This page uses so-called webfonts to represent the font. These are provided by Google (https://www.google.com/webfonts/). To do this, when you visit our page, your browser loads the required webfont into your browser cache. This is necessary so that your browser can also display a visually improved presentation of our texts. If your browser does not support this feature, a default font will be used by your computer for viewing.

For more information about Google Webfonts, visit https://developers.google.com/fonts/faq?hl=en-US&csw=1

For general information about privacy at Google, visit https://www.google.com/intl/en-US/policies/privacy/

Social media

We maintain websites within social networks and platforms in order to communicate with customers and prospects and to inform about our products. These are linked on our website and accessible to all visitors. When calling up the respective networks and platforms, the terms and conditions and the privacy statements of the respective networks and platforms apply. The processing of personal data on our part is based on the legitimate interest.

We point out that this data of visitors outside the European Union can be processed. This may give rise to risks that may make it harder to enforce the rights of the affected party. US networks and platforms that are certified under the Privacy Shield commit to comply with EU privacy policies.

Below you will find an overview of the websites we operate and the corresponding contact points regarding the privacy policies of the respective networks and platforms.

• Facebook (Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbor, Dublin 2, Ireland), Facebook pages based on an agreement on joint processing of personal data – Privacy Policy:https://www.facebook.com/about/ privacy / opt-out: https://www.facebook.com/settings?tab=ads and https://www.youronlinechoices.com, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active.

• Google / YouTube (Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland) – Privacy Policy: https://policies.google.com/privacy, opt-out: https://adssettings.google.com/authenticated , Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active.

• Instagram (Instagram Inc., 1601 Willow Road, Menlo Park, Calif., 94025, USA) – Privacy Policy / Opt-Out: https://instagram.com/about/legal/privacy/.

• Twitter (Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA) – Privacy Policy: https://twitter.com/privacy, opt-out: https://twitter.com/personalization , Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO&status=Active.

Tumblr (Tumblr, Inc., 35 East 21st St., 10th Floor, New York, NY 10010, USA)

Privacy Policy: https://www.tumblr.com/policy/en/privacy

• Pinterest (Pinterest Inc., 635 High Street, Palo Alto, CA, 94301, USA) – Privacy Policy / Opt-Out: https://about.pinterest.com/en/privacy-policy.

Use of Facebook social plugins

On the basis of our legitimate interests (ie interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 Para. 1 lit. f. GDPR), we use social plugins (“plugins”) from the social network facebook.com, which operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbor, Dublin 2, Ireland („Facebook“). The plugins can display interaction elements or content (e.g. videos, graphics or text contributions) and can be recognized by one of the Facebook logos (white “f” on a blue tile, the terms “like”, “like” or a “thumbs up” sign ) or are marked with the addition „Facebook Social Plugin“. The list and the appearance of the Facebook social plugins can be viewed here: https://developers.facebook.com/docs/plugins/.

Facebook is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).

When a user calls up a function of this online offer that contains such a plugin, his device establishes a direct connection with the Facebook servers. The content of the plug-in is transmitted directly from Facebook to the user’s device, which integrates it into the online offer. In doing so, user profiles can be created from the processed data. We therefore have no influence on the amount of data that Facebook collects with the help of this plugin and therefore informs users according to our level of knowledge.

By integrating the plugins, Facebook receives the information that a user has called up the corresponding page of the online offer. If the user is logged into Facebook, Facebook can assign the visit to his Facebook account. When users interact with the plugins, for example by pressing the Like button or making a comment, the relevant information is transmitted directly from your device to Facebook and stored there. If a user is not a member of Facebook, there is still the possibility that Facebook will find out his IP address and save it. According to Facebook, only an anonymized IP address is saved in Germany.

The purpose and scope of the data collection and the further processing and use of the data by Facebook as well as the related rights and setting options to protect the privacy of users can be found in Facebook’s data protection information: https://www.facebook.com/about/privacy/.

If a user is a Facebook member and does not want Facebook to collect data about him through this online offer and link it to his member data stored on Facebook, he must log out of Facebook before using our online offer and delete his cookies. Further settings and contradictions to the use of data for advertising purposes are possible within the Facebook profile settings: https://www.facebook.com/settings?tab=ads or via the US website https://www.aboutads.info / choices / or the EU page https://www.youronlinechoices.com/. The settings are platform-independent, i.e. they are adopted for all devices such as desktop computers or mobile devices.

Twitter

Functions and contents of the Twitter service, offered by Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA, can be integrated into our online offer. This can include, for example, content such as images, videos or texts and buttons with which users can express their favor with regard to the content, subscribe to the authors of the content or our contributions. If the users are members of the Twitter platform, Twitter can assign the above-mentioned content and functions to the profiles of the users there. Twitter is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO&status=Active). Data protection declaration: https://twitter.com/de/privacy, Opt-Out: https://twitter.com/personalization.

Instagram

Functions and contents of the Instagram service, offered by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA, can be integrated into our online offer. This can include, for example, content such as images, videos or texts and buttons with which users can express their liking for the content, subscribe to the authors of the content or our contributions. If the users are members of the Instagram platform, Instagram can assign the above-mentioned content and functions to the profiles of the users there. Instagram privacy policy: https://instagram.com/about/legal/privacy/.

Pinterest

The controller has integrated components from Pinterest Inc. on this website. Pinterest is a so-called social network. A social network is an Internet-based social meeting place, an online community that usually allows users to communicate with each other and interact in virtual space. A social network can serve as a platform for sharing views and experiences, or allows the Internet community to provide personal or business information. Among other things, Pinterest enables users of the social network to publish picture collections and individual pictures as well as descriptions on virtual pinboards (so-called pinnings), which in turn can be shared by other users (so-called repinnen) or commented on.

Pinterest’s operating company is Pinterest Inc., 808 Brannan St., San Francisco, CA 94103, USA.

Each time one of the individual pages of this website is called up by the controller and a Pinterest component (Pinterest plug-in) has been integrated, the Internet browser on the information technology system of the person concerned is automatically pinterested Component causes a representation of the corresponding Pinterest component of Pinterest to be downloaded. More information about Pinterest is available at https://pinterest.com/. As part of this technical process, Pinterest is aware of which specific bottom of our website is visited by the person concerned.

If the data subject is logged in to Pinterest at the same time, Pinterest recognizes with each visit of our website by the data subject and during the entire duration of the respective stay on our website, which specific underside of our website visited the data subject. This information is collected by the Pinterest component and assigned by Pinterest to the affected Pinterest account of the data subject. If the person concerned activates a Pinterest button integrated on our website, Pinterest assigns this information to the personal Pinterest user account of the person concerned and saves this personal data.

Pinterest always receives information from the Pinterest component that the data subject has visited our website if the data subject is simultaneously logged in to Pinterest at the time of access to our website; this happens regardless of whether or not the affected person clicks on the Pinterest component. If such a transfer of this information to Pinterest by the person concerned is not intended, it can prevent the transfer by logging out of your Pinterest account before calling our website.

Pinterest’s Privacy Policy, available at https://about.pinterest.com/privacy-policy, provides insight into the collection, processing and use of personal information by Pinterest.

YouTube

The controller has integrated YouTube components on this website. YouTube is an internet video portal that allows video publishers to freely watch video clips and other users for free viewing, rating and commenting. YouTube allows the publication of all types of videos, so that both complete film and television broadcasts, but also music videos, trailers or user-made videos via the Internet portal are available.

YouTube’s operating company is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. YouTube, LLC is a subsidiary of Google Inc., 1600 Amphitheater Pkwy, Mountain View, CA 94043-1351, USA.

Each visit to one of the pages of this website operated by the controller and incorporating a YouTube component (YouTube video) automatically causes the Internet browser on the subject’s information technology system to be represented by the respective YouTube component to download an illustration of the corresponding YouTube component from YouTube. More information about YouTube can be found at https://www.youtube.com/yt/about/en/. As part of this technical process, YouTube and Google will be aware of which specific bottom of our site the person is visiting.

If the person is logged in to YouTube at the same time, YouTube recognizes by calling a sub-page that contains a YouTube video, which specific bottom of our website the affected person visits. This information will be collected by YouTube and Google and associated with the affected person’s YouTube account.

YouTube and Google will always receive information through the YouTube component that the data subject has visited our website if the data subject is simultaneously logged into YouTube at the time of access to our website; this happens regardless of whether the person clicks on a YouTube video or not. If such information is not intended to be passed on to YouTube and Google by the person concerned, the latter may prevent the transmission from logging out of their YouTube account before calling our website.

YouTube’s privacy policy, available at https://www.google.com/intl/en/policies/privacy/, identifies the collection, processing, and use of personally identifiable information by YouTube and Google.

Tumblr

Our pages use buttons of the service Tumblr. Provider is Tumblr, Inc., 35 East 21st St, 10th Floor, New York, NY 10010, USA. These buttons allow you to share a post or page with Tumblr or to follow the provider on Tumblr. When you visit one of our websites using the Tumblr button, the browser establishes a direct connection to the Tumblr servers. We have no control over the amount of data that Tumblr collects and transmits using this plug-in. According to the current state, the IP address of the user as well as the URL of the respective website are transmitted.

Further information can be found in the Tumblr privacy policy at https://www.tumblr.com/policy/en/privacy.

If you have questions about our privacy policy, please contact us via the contact form or via

COLORSPAZE LTD
Makariou 57, Flat/Office 1
7100 Aradippou, Larnaca
CYPRUS

E-Mail: info@upcrate.art

Contact: Clemens Roosen

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