Updated: July 16, 2015
upcyte technologies GmbH, Osterfeldstraße 12-14, 22529 Hamburg, Germany (hereinafter "we") respects the right to privacy and will collect, process and use personal data in accordance with the statutory provisions of the Federal Data Protection Act ("Bundesdatenschutzgesetz").
It is important for us to inform you of the personal data which is collected and processed by us and of the purpose of collection and processing. We ask you to take a minute and to read carefully the following Privacy Notice, including your rights as set out in sec. 6.
You give your consent to the collection, processing and use of your personal data in the amount and for the purposes set out in this Privacy Notice by accepting this Privacy Notice. In addition, you give your consent to the market or opinion research and advertising as set forth in sec. 4 of this Privacy Notice. You retain the right to revoke or restrict your consent at any time with future effect.
Please note that the Session-ID (sec. 3) is generated and Google Analytics (sec. 9) is used automati-cally and independently of accepting this Privacy Notice if you use our website. In this context, we would like to advise you of your right to refuse as set out in sec. 9.
1. What is „personal data"?
Personal data shall mean any information concerning the personal or material circumstances of an identified or identifiable natural person, e.g. your name, address and email-address. Infor-mation having no direct connection to your identity and data of legal persons shall not be treated as personal data.
2. Collection and use of personal data
Data reduction and data economy are our top priority. Only personal data given by you will be collected by us. These personal data will only be collected, processed and used for the purposes because of which you contacted us, for the purpose of conclusion or fulfillment of contract and for accounting purposes, if applicable. Any further collection, processing and use of your personal data are subject to your prior consent. Such consent may be given in electronic form and will be recorded by us.
The following data will be collected automatically in every case of access to our website (so called "Session-ID"):
IP-address of your computer; name of your web-browser and of your operating system; the request of your web-browser (name and URL); the webpage from which access to our web-site is initiated; date and time of your access; if you found us by using a search engine, the keywords under which you found us; information whether the access was successful; name of your internet access provider; amount of transmitted data.
These data is not personal because we are not able to identify a certain person only with these data. Only your internet access-provider could use these data for identification.
These data are collected and stored (i) for the purpose of determination intentional disturbances or any misuse of our website and (ii) for the purpose of evaluation of the quality of our website. We will not generate personal user profiles with these data. In case of intentional disturbance or any misuse of our website or the information provided therein we may transmit these data to competent criminal prosecution authority or to a court of competent jurisdiction for further inves-tigations. There will be no use or transfer of the aforementioned data beyond that.
4. Consent to Market or Opinion Research and Advertisement
Your personal data given by you while contacting us or during registration and/or ordering goods may be recorded, processed and used (i) for the purpose of market or opinion research relating to goods and products offered by us and (ii) for advertising purposes of products and goods offered by us, including but not limited to the posting of newsletters and sending of emails, postcards, letters and making telephone calls. Subject matter of these emails, postcard, letters or telephone calls is information of products and goods offered by us. We will verify if your email-address, your address or your telephone number were given to us with your consent at the beginning of our first telephone call and prior to any posting of email, postcard or letter. This verification can be done (i) in the course of the handling of your first purchase order, or (ii) by sending to your email-address a verification email in which we ask you to confirm your email-address or (iii) as regards to telephone calls, we ask you if you still agree to be called by phone at the beginning of the first telephone call. By accepting this Privacy Notice you give your consent to such usage of your personal data.
You may revoke your consent at any time with future effect and free of charge as set forth in sec. 6 of this Privacy Notice. Furthermore, you may assert your rights as set forth in sec. 6 of this Privacy Notice. We will advise you of your right to revoke your consent at each posting. Revoking your consent has no impact on the usage of our website. But please keep in mind that only registered users are allowed to order goods by using our online-shop and its ordering system.
5. Transfer of your personal data
We will not transfer your personal data to third parties, unless you have given your explicit con-sent or unless there is substantial suspicion that you disturbed intentionally or misused our web-site. Requirements by law, by court or by public authority remain unaffected.
Nevertheless, we retain the right to perform credit checks as far as you have registered to use our online-shop. In the case of such credit check, your personal data is transmitted to a com-mercial credit agency, e.g. Schufa Holding AG or its affiliates or the "Verband der Vereine Creditreform e.V.", for the purpose of verifying if we can expect you to fulfill your payment obligations promptly and completely in case of an order.
6. Your rights
You may request access to the personal data recorded by us free of charge as set out in the Federal Data Protection Act (Bundesdatenschutzgesetz). In addition, you may request correc-tion, deletion and/or blocking of personal data recorded by us.
Please feel free to contact our support if you have further questions about our level of data protection and/or if you intent to request correction, deletion and/or blocking of your personal data. You can reach our support using the aforementioned contact information.
7. Personal data provided by you
As far as you provide us with personal data of third persons, you shall ensure that the respective data subject has given you its consent in writing. You shall proof the existing of such consent upon our request. If third parties assert a claim because of lack of sufficient consent, you shall indemnify and hold us harmless from any such claim and the respective damages, obligations, losses, liabilities and expenses (including but not limited to attorney's fees), unless you did not act intentionally or negligently.
8. Data protection by third parties
We may link or make reference to websites of third parties on our website. The providers of those websites may have their own privacy notes. Please note, that we do not have any influ-ence on the data protection level provided by these third parties even if we link to their webpag-es. In addition, the provision regarding linking by us as set forth in our Terms and Conditions for Website Use shall apply.
9. Google Analytics
You may find further information under http://tools.google.com/dlpage/gaoptout?hl=en and under http://www.google.com/intl/en/analytics/privacyoverview.html (general infromation of Google Analytics and Data Protection). Please note that the code „gat._anonymizeIp();" has been added to Google Analytics under this website to provide an anonymised collection of IP addresses (so-called "IP-masking").
10. Data security
Personal data recorded by us is protected from unauthorized access as far as technically feasi-ble or reasonable for us. If you order goods by using our online-shop, we use the secured protocol 256-Bit-SSL (Secure Socket Layer) for transmission of the respective data. That means that data transmission is SSL-encrypted.
11. Amendments to this Privacy Notice
This Privacy Notice may be amended at any time in accordance with the statutory provisions of data protection. The Privacy Notice applies provided on our website at the time of your visit to our website. As a result we suggest printing the most recent version of this Privacy Notice using the printing function of your web-browser at the time of your visit.
In addition, our Terms and Conditions for Website use shall apply. The Terms and Conditions for Online-Shop shall remain unaffected.
Controller in the meaning of the Federal Data Protection Act is upcyte technologies GmbH, Osterfeldstraße 12-14, 22529 Hamburg, Germany.