Address: Gneisenaustraße 66, 10961 Berlin, Germany
Managing Director: Fabian Louis, Klaus Wegener
You can contact us at contact@35up.com
The security and trustful handling of your data is very important to us. Therefore, data protection is very important for us both on our website and on our social media profiles ("online offer"). Please note that we have no influence on the privacy of linked sites. Here we ask you to check their privacy policy to determine if and to what extent personal data is collected and processed.
This privacy policy clarifies the nature, scope and purpose of the processing of personal data (hereinafter referred to as "data") within our online offering and the websites, features and content associated with it, as well as external online presence, e.g. our social media profiles on. (collectively referred to as "online offer"). With regard to the terminology used, e.g. "Processing" or "Responsible", we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).
In accordance with Art. 13 GDPR we inform you about the legal basis of our data processing. Unless the legal basis in the data protection declaration is mentioned, the following applies: The legal basis for obtaining consent is Article 6 (1) lit. a and Art. 7 DSGVO, the legal basis for the processing for the performance of our services and the execution of contractual measures as well as the response to inquiries is Art. 6 (1) lit. b DSGVO, the legal basis for processing in order to fulfill our legal obligations is Art. 6 (1) lit. c DSGVO, and the legal basis for processing in order to safeguard our legitimate interests is Article 6 (1) lit. f DSGVO. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d DSGVO as legal basis.
If, in the context of our processing, we disclose data to other people and companies (contract processors or third parties), transmit the data to them or otherwise grant access, this will only be done on the basis of a legal permission (eg if a transmission of the data to third parties, as to payment service providers, pursuant to Art. 6 (1) (b) DSGVO is required to fulfill the contract), you have consented to a legal obligation or on the basis of our legitimate interests (eg the use of agents, webhosters, etc.). If we commission third parties to process data on the basis of a so-called "contract processing contract", this is done on the basis of Art. 28 GDPR.
If we process data in a third country (ie outside the European Union (EU) or the European Economic Area (EEA)) or in the context of the use of third party services or disclosure or transmission of data to third parties, this will only be done if it is to fulfill our (pre) contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only in the presence of the special conditions of Art. 44 et seq. DSGVO. That the processing is e.g. on the basis of specific guarantees, such as the officially recognized level of data protection (eg for the US through the Privacy Shield) or compliance with officially recognized special contractual obligations (so-called "standard contractual clauses").
You have the right to ask for 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. In accordance with Art. 16 GDPR you have 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, you have the right to demand that the relevant data be deleted immediately 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 provided to us be obtained in accordance with Art. 20 GDPR and to be transmitted to other persons responsible. You also have gem. Art. 77 DSGVO the right to file a complaint with the competent supervisory authority.
The responsible supervisory authority is in our case:
Berliner Beauftragte für Datenschutz und Informationsfreiheit
Friedrichstr. 219
10969 Berlin
Besuchereingang:
Puttkamerstr. 16 – 18 (5. Etage)
10969 Berlin
Telephone: 030 13889-0
Telefax: 030 2155050
E-Mail: mailbox@datenschutz-berlin.de
Homepage: https://www.datenschutz-berlin.de/
You have the right to consent granted. Art. 7 para. 3 DSGVO with effect for the future. You can object to the future processing of your data in accordance with Art. 21 GDPR at any time. The objection may in particular be made against processing for direct marketing purposes.
"Cookies" are small files that are stored on users' computers. Different information can be stored within the cookies. A cookie is primarily used to store the information about a user (or the device on which the cookie is stored) during or after his visit to an online offer. Temporary cookies, or "session cookies" or "transient cookies", are cookies that are deleted after a user leaves an online service and closes his browser. In such a cookie, e.g. the contents of a shopping cart are stored in an online store or a login status. The term "permanent" or "persistent" refers to cookies that remain stored even after the browser has been closed. Thus, e.g. the login status will be saved if users visit it after several days. Likewise, in such a cookie the interests of the users can be stored, which are used for range measurement or marketing purposes. A "third-party cookie" refers to cookies that are offered by providers other than the person who manages the online offer (otherwise, if it is only their cookies, this is called "first-party cookies"). We can use temporary and permanent cookies and clarify this in the context of our privacy policy. So we use cookies to save your selected region and language. Also, the distribution of selected items in the shopping cart through cookies and sessions. If users do not want cookies stored on their computer, you will be asked to disable the option in their browser's system settings. Saved cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer. The storage of cookies can be switched them off in the settings of the browser. Please note that not all features of this online offer may be used.
The data processed by us are deleted or limited in their processing in accordance with Articles 17 and 18 GDPR. Unless explicitly stated in this privacy policy, the data stored by us are deleted as soon as they are no longer required for their purpose and the deletion does not conflict with any statutory storage requirements. If the data is deleted because it is required for other and legitimate purposes, its processing will be restricted so that the data is blocked and not processed for other purposes. This applies, for example for data that must be kept for commercial or tax reasons. According to legal requirements in Germany, the storage takes place in particular for 6 years pursuant to § 257 paragraph 1 HGB (trading books, inventories, opening balance sheets, annual accounts, trade letters, accounting documents, etc.) and for 10 years in accordance with § 147 Abs. 1 AO (books, records , Management reports, accounting documents, trade and business letters, documents relevant to taxation, etc.).
For the drafting of the contract, service provision and billing, the collection and processing of personal data is necessary. We also use your information to communicate with you about our product and recommendations. Finally, we process your data to improve, prevent or detect misuse and fraud, to conduct marketing or market research, and to enable third parties to carry out the technical or logistic work on our behalf. Personal information is information about a person's identity. In addition, we hire other companies and individuals to perform tasks for us, such as delivering parcels, sending letters and e-mails, processing payments (credit card, direct debit, Paypal or prepayment) and customer service. The third party companies have access to personal data needed to perform their duties. However, they may not use them for any other purpose. In addition, they are obliged to treat these personal data in accordance with this privacy policy and the German data protection laws.
Here we, or our hosting providers Amazon Web Services and Webflow Inc, process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors to this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer. Art. 6 para. 1 lit. f DSGVO i.V.m. Art. 28 DSGVO (conclusion of contract processing contract).
We, or our hosting provider, collect data on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. DSGVO Data on every access to the server on which this service is located (so-called server log files). The access data includes name of the retrieved web page, file, date and time of retrieval, amount of data transferred, message about successful retrieval, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider. Logfile information is stored for security purposes (for example, to investigate abusive or fraudulent activities) for a maximum of 7 days and then deleted. Data whose further retention is required for evidential purposes shall be exempted from the cancellation until final clarification of the incident. As part of the use of our online services, we store the IP address and the time of each user action. The storage is based on our legitimate interests, as well as the user's protection against misuse and other unauthorized use. A transfer of these data to third parties does not take place, unless it is necessary for the prosecution of our claims or there is a legal obligation in accordance with. Art. 6 para. 1 lit. c DSGVO.
Based on our legitimate interests (i.e., interest in the analysis, optimization, and economic operation of our online offer within the meaning of Art. 6 (1) lit. DSGVO), Google Analytics uses a web analytics service provided by Google LLC ("Google"). Google uses cookies. The information generated by the cookie about the use of the online offer by the users are usually transmitted to a Google server in the USA and stored there.
Google is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European privacy legislation (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
Google will use this information on our behalf to evaluate the use of our online offer by users, to compile reports on the activities within this online offer and to provide us with further services related to the use of this online offer and the internet usage. In this case, pseudonymous usage profiles of the users can be created from the processed data. The data will be deleted after 36 months. We only use Google Analytics with activated IP anonymization. This means that the IP address of the users will be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the US and shortened there. The IP address submitted by the user's browser will not be merged with other data provided by Google. Users can prevent the storage of cookies by setting their browser software accordingly; Users may also prevent the collection by Google of the data generated by the cookie and related to its use of the online offer and the processing of such data by Google by downloading and installing the browser plug-in available at the following link: https://tools.google.com/dlpage/gaoptout/?hl=en.
For more information about Google's data usage, hiring and opt-out options, please visit Google's websites: https://www.google.com/intl/en/policies/privacy/partners ("Google's use of your data when you use websites or apps our partners "), http://www.google.com/policies/technologies/ads ("Use of data for promotional purposes"), http://www.google.com/settings/ads ("Managing information that Google uses, to show you advertising").
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 (1) lit. DSGVO) we use the marketing and remarketing services ("Google Marketing Services"), Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, ("Google").
Google is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European privacy legislation (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
Google Marketing Services allows us to better target advertisements for and on our website so that we only present ads to users that potentially match their interests. If a user e.g. Showing ads for products he's been interested in on other websites is called remarketing. For these purposes, when Google and our other websites accessing Google Marketing Services are directly accessed by Google, a code will be executed by Google and so-called (re) marketing tags (invisible graphics or code, also called "Web Beacons ") incorporated into the website. With their help, the user is provided with an individual cookie, i. a small file is saved (instead of cookies, comparable technologies can also be used). The cookies can be set by different domains, including google.com, doubleclick.net, invitemedia.com, admeld.com, googlesyndication.com or googleadservices.com. In this file is noted which web pages the user visited, for what content he is interested and what offers he has clicked, as well as technical information about the browser and operating system, referring web pages, visit time and other information on the use of the online offer. The IP address of the users is also recorded, whereby in the context of Google Analytics we announce that the IP address is shortened within member states of the European Union or other parties to the Agreement on the European Economic Area and only in exceptional cases to one Google server in the US is transmitted and shortened there. The IP address will not be merged with data of the user within other offers from Google. The above information may also be linked by Google with such information from other sources. If the user then visits other websites, they can be displayed according to his interests, the ads tailored to him.
The data of the users are pseudonym processed in the context of the Google marketing services. That Google stores and processes e.g. not the name or e-mail address of the users, but processes the relevant data cookie-related within pseudonymous user profiles. That from the perspective of Google, the ads are not managed and displayed to a specifically identified person, but to the cookie owner, regardless of who that cookie owner is. This does not apply if a user has explicitly allowed Google to process the data without this pseudonymization. The information collected about users through Google Marketing Services is transmitted to Google and stored on Google's servers in the United States.
Among the Google marketing services we use is u.a. the online advertising program "Google AdWords". In the case of Google AdWords, each advertiser receives a different "conversion cookie". Cookies can not be tracked through AdWords advertisers' websites. The information collected through the cookie is used to generate conversion statistics for AdWords advertisers who have opted for conversion tracking. Advertisers will see the total number of users who clicked on their ad and were redirected to a conversion tracking tag page. However, they do not receive information that personally identifies users. We can incorporate third-party ads based on the Google AdSense marketing service. AdSense uses cookies that enable Google and its affiliate sites to serve ads based on users' visits to this site or other sites on the Internet. In addition, we may use the "Google Tag Manager" to integrate and manage the Google Analytics and Marketing Services on our website.
For more information about Google's data usage for marketing purposes, please visit the overview https://www.google.com/policies/technologies/ads , Google's Privacy Policy located at https://www.google.com/policies/privacy.
To opt out of Google Marketing Services Interest-based Advertising, you can take advantage of Google's recruitment and opt-out options: http://www.google.com/ads/preferences.
Based on our legitimate interests (ie interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 (1) lit. DSGVO), we make use of content or services offered by third-party providers in order to provide their content and services Services, such as Include videos or fonts (collectively referred to as "content").
This always presupposes that the third-party providers of this content perceive the IP address of the users, since they could not send the content to their browser without the IP address. The IP address is therefore required for the presentation of this content. We endeavor to use only content whose respective providers use the IP address solely for the delivery of the content. Third parties may also use so-called pixel tags (invisible graphics, also referred to as "web beacons") for statistical or marketing purposes. The "pixel tags" can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user's device and may include, but is not limited to, technical information about the browser and operating system, referring web pages, visit time, and other information regarding the use of our online offer.
We embed the videos on the YouTube platform of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.
Data protection: https://www.google.com/policies/privacy/
Opt-Out: https://adssettings.google.com/authenticated
We incorporate the fonts ("Google Fonts") provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.
Privacy Policy: https://www.google.com/policies/privacy/
Opt-Out: https://adssettings.google.com/authenticated
On this website we use FreshWorks to manage and store our contacts. FreshWorks is a US based software company with a branch in Germany, Neue Grünstraße 17, 10179 Berlin.
This is an integrated software solution that covers various aspects of our online marketing. These include:
E-mail marketing (newsletters and automated mailings, eg for the provision of downloads), contact management (eg user segmentation & CRM) and our chat.
Our sign-in service allows visitors to our website to learn more about our company, download content, and provide their contact information and other demographic information. This information and the contents of our website are stored on servers of our software partner FreshWorks. They can be used by us to connect with visitors to our website and to determine what services our company is interested in. All information we collect is subject to this Privacy Policy. We use all information collected solely to optimize our marketing activities.
The legal basis for the use of the services of FreshWorks is Art. 6 I f DS-GVO - legitimate interest. Our legitimate interest in using this service is the optimization of our marketing efforts and the improvement of our service quality on the website.
Freshworks is sold under the terms of the "EU - US. Privacy Shield Frameworks ".
We use Retargeting Tool and LinkedIn Ireland Conversion Tracking, Wilton Plaza, Wilton Place, Dublin 2, Ireland ("LinkedIn"). For this purpose, our website integrates the LinkedIn Insight Tag, which enables LinkedIn to collect statistical, pseudonymous data about your visit and use of our website, and to provide us with aggregated statistics on this basis. As a rule, the following information is recorded, among other things:
In addition, this information is used to show you specific and relevant offers and recommendations, after you have informed yourself on the website about certain services, information and offers. The relevant information is stored in a cookie.
If you want to stop this tracking, then you can use the following link. For more information about data processing, see the LinkedIn privacy statement.
The data protection officer of 35up GmbH, Dr. Christian Lenz, can be contacted at the address dhpg IT-Services GmbH, Bunsenstr. 10a, 51647 Gummersbach, by e-mail at datenschutz(at)dhpg.de or by phone at +49 2261 8195 0.
If you wish to become part of the 35up team and apply to us, all personal data you provide will be stored for the purpose of your legitimate interests (ie interest in processing applications in accordance with Art. 6 (1) lit. DSGVO). The data will be kept until the final hiring decision.
We reserve the right, if necessary, to adapt or update this privacy policy in compliance with the applicable data protection regulations. In this way we can adapt them to the current legal requirements and take into account changes in our services, eg. For example, when introducing new services. For your visit, the latest version applies.
Version: January 2021