1. General information and legal foundations

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1. Competent body :

UpsellGuru GmbH

Unterm Hagen 35

59939 Olsberg

• Telephone : +49 172 575 1707
• E-Mail :  info@www.upsellguru.com
• Authorised managing directors :  Karl Schmidtner, Hans Schmidtner
• Registry court :  Arnsberg local first instance court, Register number: HRB 12736

2. Legal foundations of the processing

The processing of personal data requires a legal basis, which we would like to present to you below.

For the processing of personal data for which we obtain the consent of the data subject, Article 6 paragraph 1 letter a of the EU General Data Protection Regulation (GDPR) shall serve as the legal basis.

For the processing of personal data which is necessary for the fulfilment of a contract, where its party to the contract is the data subject, Article 6 paragraph 1 letter b of the EU General Data Protection Regulation (GDPR) shall serve as the legal basis. This includes processing operations necessary to perform pre-contractual measures.

If the processing of personal data is necessary for the fulfilment of a legal obligation, which our company is subject to, Article 6 paragraph 1 letter c of the EU General Data Protection Regulation (GDPR) shall serve as the legal basis.

If the processing is necessary to safeguard the legitimate interests of our company or a third party and if the interests, fundamental rights and fundamental freedoms of the data subject do not prevail over the first interest stated, then Article 6 paragraph 1 letter f GDPR shall serve as the legal basis for processing. The legitimate interest of our company is in the conduct of our business activities as well as in the analysis, optimisation and maintenance of the security of our online offer.

2. Log files

In the server statistics, such data is automatically stored, which the browser transmits to us within the scope of our legitimate interest in performing analysis and for security reasons (so-called “logfiles”).

This comprises the following data:

• Language and version of the browser software
• Operating system used and its interface
• Referrer-URL (the website previously visited)
• Hostname of the accessing computer (IP address)
• Date and time of the server request
• Time zone difference with Greenwich Mean Time (GMT)
• Content of the request (specific webpage)
• data quantity transferred
• Access status/ HTTP- Status code

We usually cannot assign this data to specific individuals. This data will not be merged with other sources of data. The data is additionally deleted within 7 days following a statistical evaluation. Data the further retention of which is required for evidentiary purposes shall be exempted from the deletion until the final clarification of the respective incident.

3. Contractual processing

The personal data provided by you, such as the name, address or e-mail address will only be used internally to answer your contractual requests, to process your orders or to provide you with access to certain contractual information. Using our form for orders you can send us contractual queries. A transfer to third parties does not take place, unless valid data protection regulations justify a transfer, we are obliged to do so by law or this serves the expedient performance of the contract.

4. Contact

When you contact us by e-mail, using the contact form or by means of a callback request, we will save your information to answer your questions.

A transfer to third parties shall fundamentally not take place, unless valid data protection regulations justify a transfer or we are obliged to do so by law. You can withdraw your consent that you have granted with effect for the future at any time. In case of cancellation your data shall be immediately deleted if there is no legal exception. Your data will otherwise be deleted if we have processed your request or the purpose of the storage has been omitted and no other no legal exception can be seen. You can always inform yourself about the data stored about you.

5. Cookies

This website uses cookies. Cookies are small text files which are stored on your computer and through which the place that sets the cookie is fed certain information. They are used to make the Internet offer more user-friendly and effective, and / or to facilitate navigation on our website.

You can, of course, also use our website without accepting cookies. You can also configure your browser settings in accordance with your wishes and in overall terms, e.g. refuse acceptance of third-party cookies or all cookies, or delete cookies that have already been stored. If you do not accept cookies, please note that our offer may not work faultlessly in this case.

You can find out which function on our website places cookies further below in the area of the individual functions.

6. Registration

Our website offers a login option. The personal data entered during the login process will be transmitted to the controller for processing. The data entered is processed and used exclusively for the purpose of internal use.

When login, the IP address of the user and the date and time of login are saved. This serves to prevent misuse of the services. The data will not be passed onto third parties. An exception applies if there is a legal obligation to share.

The registration of the data is required for the provision of content or services. Registered persons have the possibility at any time to delete or modify the stored data. The data subject receives information about the personal data stored about him at any time.

7. Passing on of data to third parties

We only pass on data to third parties if this is necessary to fulfil the contract and/or we are statutorily obliged to do so in an individual case.

In some cases we make use of external service providers in accordance with our legitimate interests with regard to analysis, optimisation and economical operation of the online content. This always requires that the third-party providers of this content access the IP address of the users, due to the fact they could not send the content to their browsers without the IP address. The IP address is thus necessary for the presentation of this content. Third party providers may also use so-called pixel tags (invisible graphics, also called “web beacons”) for statistical or marketing purposes. Using “Pixel Tags” information such as user traffic can be evaluated on the pages of this website. The pseudonymous information may also be stored in cookies on the user’s device and may include, among other things, technical information similar to the logfiles. We have listed our service providers below.

If your data is to be used for other purposes, we will inform you beforehand and use the data only if you have explicitly declared your consent to this.

Google

We use services provided by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA, (“Google”) in accordance with our legitimate interests in the analysis, optimisation, and economic operation of our website.

Google is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European data protection law

(https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

1. Google Analytics

This website uses Google Analytics, a web analyzing service of Google Inc., 1600 Amphitheatre Parkway Mountain View, CA 94043, USA (“Google”). Google Analytics uses so-called “cookies”, i.e. text files stored on your end device, which allow an analysis of your website`s use. The information generated by the cookie on your use of the app (including IP address) will be passed on to and stored on a Google server in the US.

We explicitly point out that this website uses Google Analytics with the extension “_anonymizeIp()” and, therefore, IP addresses by Google in member states within the European Union or in contracting parties to the Agreement on the European Economic Area will be abbreviated before the transfer to prevent direct personal reference. Only in exceptional cases will the full IP address be transferred to a Google server in the US and abbreviated there.

Google will use this information, by order of the provider, to analyze your use of the website, to compile reports on the website’s activities for the website providers and to provide further services associated with the use of the website and the internet use. Google may pass on this information to third parties if required by law or in case third parties process these data on behalf of Google. Google will not associate your IP address with other data by Google.

You can avoid the installation of cookies by appropriately adjusting your browser software; we would like to make you aware of the fact that in this case it is possible that you will not be able to use all the functions of this website.

The purpose and scope of the data collection, the further processing and use of data by Google as well as your rights and configuration options to protect your privacy can be taken from the privacy statements by Google on http://www.google.de/intl/de/policies/privacy/?hl=de and, in particular, for Google Analytics on https://www.google.com/policies/privacy/partners/?hl=de and on https://support.google.com/analytics/answer/6004245?hl=de.

By using the website, you agree with the processing of the data collected on you by Google in the before-mentioned manner and purpose.

You may opt out of the data collection and storage any time with future effect: http://tools.google.com/dlpage/gaoptout?hl=de. You can also avoid the detection by Google Analytics by clicking on the following link. An opt-out cookie is placed which prevents a future detection of your data when visiting the website:

Google Analytics deactivate

Attention: You’ll have to click this link again, if you delete your cookies.

2. Google – Youtube

We use the provider YouTube, a service provided by Google, for the integration of videos.

These videos are stored on www.youtube.com and are directly playable from our website. YouTube uses cookies for data collection and statistical data analysis. YouTube uses cookies, among other things to record reliable video statistics, prevent fraud, and improve usability. The information produced by the cookie concerning your use of this website (including your IP address) will also be transmitted to Youtube servers in the United States and stored there.  Your IP address cannot be assigned unless you have logged in or are permanently logged in to YouTube or another Google service before the page view. If you want to prevent such transmission of data you must log out from your Youtube account and your other Google accounts.

Through the YouTube cookies we receive statistical values to retrieve individual videos embedded in the website without reference to the respective user.

YouTube’s embedded videos are used within the scope of permitted use by YouTube, which all users must accept. If you detect copyright infringement, please report it directly to YouTube. We use embedded YouTube videos in the extended privacy mode. This means that YouTube does not store cookies for a user who is viewing a website with an embedded YouTube video player, but does not click on the video to start playback. If you click on the YouTube video player, YouTube may be able to save cookies on the user’s computer. We draw your attention to the fact that we as the provider of the website do not receive any notification of the content of the transmitted data as well as its use by Youtube. For more information about YouTube’s official privacy policy, please visit https://www.google.com/intl/en/policies/privacy/ and https://support.google.com/youtube/answer/171780?hl= de.

Matomo

Matomo is an open source web analytics platform. A web analytics platform is used by a website owner in order to measure, collect, analyse and report visitors data for purposes of understanding and optimizing their website. If you would like to see what Matomo looks like, you can access a demo version at: https://demo.matomo.cloud.

Purpose of the processing

Matomo is used to analyse the behaviour of the website visitors to identify potential pitfalls; not found pages, search engine indexing issues, which contents are the most appreciated… Once the data is processed (number of visitors reaching a not found pages, viewing only one page…), Matomo is generating reports for website owners to take action, for example changing the layout of the pages, publishing some fresh content… etc.

Matomo is processing the following personal data:

• Cookies
• IP address
• User ID
• Custom Dimensions
• Custom Variables
• Location of the user

And also:

• Date and time
• Title of the page being viewed
• URL of the page being viewed
• URL of the page that was viewed prior to the current page
• Screen resolution
• Time in local timezone
• Files that were clicked and downloaded
• Link clicks to an outside domain
• Pages generation time
• Country, region, city
• Main Language of the browser
• User Agent of the browser

This list can be completed with additional features such as:

• Session recording, mouse events (movements, content forms and clicks)
• Form interactions
• Media interactions
• A/B Tests

1. The processing of personal data with Matomo is based on legitimate interests, or:
2. The processing of personal data with Matomo is based on explicit consent. Your privacy is our highest concern. That’s why we will not process any personal data with Matomo unless you give us clear explicit consent.

The legitimate interests

Processing your personal data such as cookies is helping us identify what is working and what is not on our website. For example, it helps us identify if the way we are communicating is engaging or not and how we can organize the structure of the website better. Our team is benefiting from the processing of your personal data, and they are directly acting on the website. By processing your personal data, you can profit from a website which is getting better and better.

Without the data, we would not be able to provide you the service we are currently offering to you. Your data will be used only to improve the user experience on our website and help you find the information you are looking for.

Recipient of the personal data

The personal data received through Matomo are sent to:

• Our company. (UpsellGuru)
• Our service provider: GoDaddy

Details of transfers to third country and safeguards

Matomo data is hosted in Germany.

Note: The Matomo Analytics Cloud by InnoCraft is currently hosted in Germany and Ireland for backup.

Retention period or criteria used to determine the retention period

We are keeping the personal data captured within Matomo for a period of indicate here the period.

Justify your choice, for example: as our data is hosted in France, we are applying the French law which defines a retention period of no more than 13 months. You can set the retention period in Matomo by using the data retention feature.

The existence of each of the data subject’s rights

As Matomo is processing personal data on legitimate interests, you can exercise the following rights:

• Right of access: you can ask us at any time to access your personal data.
• Right to erasure: you can ask us at any time to delete all the personal data we are processing about you.
• Right to object: you can object to the tracking of your personal data.

As Matomo is processing personal data on explicit consent, you can exercise the following rights:

• Right of access: you can ask us at any time to access your personal data.
• Right to erasure: you can ask us at any time to delete all the personal data we are processing about you.
• Right to portability: you can ask us at any time for a copy of all the personal data we are processing about you in Matomo.
• Right to withdraw consent: you can withdraw your consent at any time by clicking on the following button.

The right to withdraw consent at any time

You can withdraw at any time your consent by clicking here.

The right to lodge a complaint with a supervisory authority

If you think that the way we process your personal data with Matomo analytics is infringing the law, you have the right to lodge a complaint with a supervisory authority.

Whether the provision of personal data is part of a statutory or contractual requirement; or obligation and possible consequences of failing to provide the personal data

If you wish us to not process any personal data with Matomo, you can opt-out from it at any time. There will be no consequences at all regarding the use of our website.

8. Rights of the data subject

You have a right to information about the personal data stored by us. According to the statutory provisions you are also entitled to the correction of incorrect data, blocking, data portability and deletion of your personal data. To do so please send an email to us with the subject line “Privacy”.

You also have the right to lodge a complaint with a data protection supervisory authority if you believe that the processing of personal data concerning you is in breach of the law.

If you have provided your consent, you have the right to revoke your consent at any time. This does not affect the legality of the processing performed on the basis of the consent until the revocation is received.

You can object to the future processing of your personal data in accordance with the legal requirements at any time. The objection may in particular be made against processing for direct marketing purposes.

9. Storage duration of the personal data

We store personal data for the duration of the respective statutory retention period or as long as the purpose of processing is present. Following the expiry of the deadline, the data will be routinely deleted, unless there is a need to initiate a contract or fulfil the contract. Unless the users’ data is deleted because they are required for other and legally permissible purposes, their processing will be restricted. The data is blocked accordingly and not processed for other purposes. This applies, for instance, to data of users which must be stored for commercial or fiscal law reasons.

10. Safety information

We make every effort to store your personal data by making use of all the technical and organisational options available in such a way that the provisions of the data protection acts are observed and thus to protect this data. Our website or the communication via our website with us is encrypted via HTTPS.