Privacy Policy

We are delighted that you have shown interest in our organisation’s governance policies. Data protection is of a particularly high priority for Shiftup. Shiftup is a brand of Happy Melly BV.

Use of the internet properties of the Happy Melly BV, specifically at https://www.shiftup.work/ is possible without any sharing of personal data; however, if a data subject wants to interact with services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.

The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to Happy Melly BV. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.

As the controller, Happy Melly BV has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means.

 

Definitions

The data protection declaration of Happy Melly BV is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.

In this data protection declaration, we use, inter alia, the following terms:

a) Personal data

Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

b) Data subject

Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.

c) Processing

Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

d) Restriction of processing

Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.

e) Profiling

Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

f) Pseudonymisation

Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

g) Controller or controller responsible for the processing

Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

h) Processor

Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

i) Recipient

Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.

j) Third party

Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

k) Consent

Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

 

Name and Address of the controller

Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:

Happy Melly BV

Heemraadssingel 190-B

3021 DM Rotterdam

The Netherlands

Email: hello@shiftup.work

Website: https://shiftup.work/

 

Name and Address of the Data Protection Officer

The Data Protection Officer of the controller is:

Jurgen Appelo

Happy Melly BV

Heemraadssingel 190-B

3021 DM Rotterdam

The Netherlands

Email: privacy@shiftup.work

Website: https://shiftup.work/

Any data subject may, at any time, contact our Data Protection Officer directly with all questions and suggestions concerning data protection.

 

Cookies

The Internet pages of the Happy Melly BV use cookies. Cookies are text files that are stored in a computer system via an Internet browser.

Many Internet sites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited Internet sites and servers to differentiate the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID.

Through the use of cookies, Happy Melly BV can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.

By means of a cookie, the information and offers on our website can be optimized with the user in mind. Cookies allow us, as previously mentioned, to recognize our website users. The purpose of this recognition is to make it easier for users to utilize our website. The website user that uses cookies, e.g. does not have to enter access data each time the website is accessed, because this is taken over by the website, and the cookie is thus stored on the user’s computer system. Another example is the cookie of a shopping cart in an online shop. The online store remembers the articles that a customer has placed in the virtual shopping cart via a cookie.

The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.

 

 

Collection of general data and information

The website of Happy Melly BV collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.

When using these general data and information, Happy Melly BV does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, Happy Melly BV analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

 

Personal Information

Shiftup collects and processes your personal information at different times when you interact with our Services. Generally, personal information is collected when:

(a) you use a Service,

(b) you create an Account,

(c) you make a purchase within our Services,

(d) you create user generated content,

(e) you sign up for a newsletter,

(f) you contact Shiftup customer service,

(g) you enter into a contest or challenges,

(h) you chat with other users of the Services,

(i) you participate in a beta, previews or otherwise download exclusive content, or

(j) you share or otherwise contribute to our social media channels or other community websites.

Whatever the activity may be, we will only collect personal information to the extent necessary to provide you with the Services and fulfil your requests.

 

When you use Shiftup services

Registering on a Shiftup service

To access certain Services, you will need a Shiftup Account. During the creation of your Account, we will ask you to provide your user name, password, email address, date of birth (or age) and country of origin. This information is mandatory to create an Account. On other Services, Shiftup may ask you additional personal information relevant to the Service such as your phone number, home address, or geo-location information (for example, you will be asked your home address when purchasing a product within our online shop, in order for Shiftup to deliver the product to your home address).

 Creating a Shiftup account

By creating a Shiftup Account, you agree to receive newsletter or adverts about Shiftup products, services, and sales. You can unsubscribe at any time by:

(a) clicking the unsubscribe link contained in all Shiftup email marketing messages;

(b) contacting privacy@shiftup.work with your unsubscribe request; or

To access certain Services, you will need to give an additional consent to allow Shiftup to share some of your personal data with third parties, such as companies or organizations, which provide services and products you may be interested in. In this case, you can unsubscribe from third parties’ communications through the mechanisms provided by the third party.

 Contacting Shiftup

Shiftup may ask for your first name, family name, e-mail address to answer your demands to the Shiftup Customer Support, to confirm any information or transaction on your Shiftup account, and to give you information regarding the Services (for instance, if you lose your password or if we make changes to the Terms of Use).

 Participating in contests or challenges

Shiftup may offer you the opportunity to participate in online surveys, questionnaires, contests and challenges. To participate, you may need to provide your first name, your family name, e-mail address,  your social media channels, your address and country of residence. If you choose to participate in contests, challenges, surveys and questionnaires, your personal data may be processed to allow you to participate, and for internal statistical use.

Social media and other third parties’ platforms

Shiftup may also collect personal information on third party social networks, platforms or services. By playing a Shiftup game through a social network or other third party platform, or by connecting to such a third party network, platform or service via one of our products and/or Services, you authorize Shiftup to (1) collect, store, and use, in accordance with this Privacy Policy, any and all personal information that you agreed the social network or third party platform could provide to Shiftup based on your settings on the social network or platform, and (2) share any and all of your personal information with the social network or other third party platform, through the social network/third party platform’s Application Programming Interface (API). You agree to this sharing when you connect with the third party network, platform or service via our products and/or services, and/or when you connect with, “accept” or “allow” (or similar terms) one of our applications through a social network, or other third party platform or service.

 

Whenever you participate in Shiftup activities

Creation of user generated content

Some Services give you access to tools in order to allow you to create and/or share unique content. This User-Generated Content may be collected by Shiftup; this content may also contain your personal information or the personal information of others (for instance, your name, or a picture of you). Please exercise caution: Shiftup is not liable for any negative consequences linked to your disclosure of User-generated content.

Activities data collection

Whenever you use the Services, Shiftup may collect, store and process your activities data, including but not limited to: your scores, metrics, achievements, rankings, time played and statistics, feature usage, channel conversion rates, purchase history and other similar information. Shiftup will use this information to improve the Services, to personalize them to your interests, and otherwise upgrade your experience. Any information collected by Shiftup in accordance with this Privacy Policy may also be used in an aggregated form to identify specific patterns regarding the use of our Services.

Online payment

For some Services, you may make purchases and you agree that Shiftup may share your personal data with third parties, companies, or organizations, which may collect and process your personal data in order to effectuate online credit card transactions, delivery, discounts, and promotional gifts. To make a purchase on Shiftup webshop and process your online payment, you may be asked to provide the information to a payment provider such as your first name, your family name, your address, your e-mail address, your country of residence and your banking details, i.e. your credit card number, the name of the credit card owner, the expiration date and security code. This information may be stored in Shiftup’s premises, or, when relevant, in the third parties’ premises. Such storage is necessary to allow Shiftup to manage internal accounts, checking, accounting, compliance, and for legal purposes, in accordance with the next article of this Privacy Policy.

Use of Personal Data

The information you submit to our Services is collected and used by Shiftup as set out in this Privacy Policy. In addition, Shiftup may use the submitted information to answer your demands, to send your order confirmations and other information regarding your Shiftup Account, to send you advertising or promotional materials, including information about special rebates, promotional offers and other events of interest, based on your preferences. We also use your personal information for our internal marketing and demographic studies, so we can constantly improve the Services we provide you and to better meet your needs.

Shiftup may have to duplicate some of your personal data within its databases for technical reasons, or for any other reason indicated in this Privacy Policy. Shiftup may use your IP address and Console ID to enforce the Shiftup Terms of Use and Terms of Sale. In case of misuse of the Services by any User, Shiftup reserves the right to block such User’s Shiftup Account, IP address or console ID, as provided by licensed console manufacturers. Shiftup may use your date of birth or your age to control access to its forums and live chats, in accordance with the relevant laws. Shiftup does not monitor all chat communications on its services. However, Shiftup reserves the right, at its sole discretion and without notice, to modify or delete any communications on its service. Shiftup may use all data collected in the forums and chat logs to enforce its Terms, to carry out its legal obligations, and to protect its rights and the rights and safety of its affiliated companies, users, and employees. Your information may be disclosed to any relevant judiciary or administrative entity, in accordance with the relevant legal provisions.

 

Legal basis for your personal data collection and processing

Shiftup processes your personal data, wherever necessary:

– To provide you with the Services (creation of your Shiftup account, bug detection, fighting fraud, online payment, etc.)

– To offer the best possible experience to users, and improve the Services (activities data analytics, etc). It is in Shiftup’s legitimate interest to process your data for these purposes.

– To provide you with supplementary services (custom content, etc.). In such case, Shiftup will ask for your consent before processing your personal data for this purpose.

 

Security

We take your privacy and the security of your personal information very seriously. To protect your personal information, Shiftup maintains appropriate safeguards to ensure the security, integrity and privacy of the information you have provided. We use robust security measures to protect personal information from loss, misuse and alteration. We use industry-standard practices such as encrypted communications, physically secured rooms, firewalls and password protection systems to safeguard the confidentiality of your personal information. In addition, we take reasonable steps to assure that third parties who collect personal information on our behalf provide sufficient protection of personal information, in addition to requiring their compliance with this Privacy Policy at all times.

However, please note that no existing data transmission method on the web, or electronic storage, can guarantee the absolute security of your personal data. If your Shiftup accounts and personal data are protected by a password, you are responsible for ensuring this password’s confidentiality. Please do not disclose this password. If you share a computer with other people, please consider disconnecting from your accounts before allowing others to use your computer. Services may contain links leading to third party websites, such as but not limited to social media sites. Whenever you click on a link leading to a third party’s website, you agree to leave Shiftup Services as governed by this Privacy Policy, and you understand and agree that Shiftup does not control such third party’s website. Shiftup cannot guarantee that third parties’ websites will be governed by the same security and confidentiality obligations. Shiftup is not liable for the use of your personal data by these third parties. Please consider checking privacy policies of any service provider you transfer your personal data to.

DESPITE OUR REASONABLE EFFORTS TO KEEP YOUR PERSONAL INFORMATION SECURE, NO COMPANY CAN GUARANTEE THE SECURITY AND PRIVACY OF ITS SERVICES, INFORMATION AND OTHER DATA. OUR PRIVACY POLICIES AND PROCEDURES ARE “AS IS” AND SHIFTUP MAKES NO REPRESENTATIONS AS TO THE FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY.

 

Publicity

Shiftup offer a public profile feature that allows you to be a player in our Qualification Program. The information you upload or input to your Public Profile will default to a public privacy level, except you email address and your payment details. The other aspects of the public profile are set to “public”. Those aspects of the public profile that are designated as “public” will be visible to everyone, potentially including people not registered within the Shiftup environment, and may be indexed and displayed through public search engines when someone searches for you. You should be aware that these may be viewed, collected, copied and/or used by other users without your consent.

We are not responsible for disclosure by other users of your personal information, including without limitation, videos, images or photos that you choose to make public on the Shiftup Services. Also, please remember that the personal information you provide to us as part of your public profile may reveal or allow others to identify aspects of your life that you may not choose to state on your public profile directly.

Certain Services may feature a member referral tool. By using our member referral tools, you acknowledge that these tools will help you suggest new contacts, and will also allow your contacts to associate your Shiftup Account with your social networking profile and/or email address. Your resulting member referral’s list, which may be accessible across Shiftup’s platforms, will be subject to this Privacy Policy. Note that the members that you choose to include on your member list may be able to find and/or identify you in the context of different Shiftup products and Services, and may see the profiles and information you have made visible to them or to everyone. Similarly, Shiftup may also collect or receive information about you from other Shiftup users who choose to upload their emails and other contacts. This information will be stored by us.

Keeping your personal data

Unless relevant legal provisions mandate a different data retention period, Shiftup will store your personal data only as long as necessary to process it according to this Privacy Policy. For instance, we may retain certain information after you close your account for a period of time needed to protect Shiftup from legal claims. In this case, we will archive your personal data during the relevant statutory period of limitations.

Except as otherwise set forth in this Policy, Shiftup does not disclose your personal data to any third party without your prior consent.

Sharing your personal data with Shiftup affiliated companies

Shiftup may share your personal information among the Happy Melly BV group of companies. To the extent that our corporate affiliates and/or technical partners have access to your information, they will follow practices that are at least as restrictive as the practices described in this Privacy Policy.

Sharing your personal data with third parties

While browsing on Shiftup websites, or while using Shiftup Services, external providers may collect your personal data for and on behalf of Shiftup, and Shiftup may share some of your personal data with these partners to allow the functioning of the Services. For example, these third parties may help deliver your purchases, provide discounts or offer products, promote the Services, perform electronic payment processing, and any other service that may be required by Shiftup.

Sharing your personal data with government authorities

In accordance with relevant laws, Shiftup may have to disclose your personal data to a judiciary or administrative entity, whenever such disclosure is deemed necessary for protecting, challenging or enforcing the legal rights of Shiftup, its Users, or third parties. Unless required by law, Shiftup will not be required to notify you of any such disclosure.

Sharing your personal data in case of mergers

In the unlikely event Shiftup’s business activities or shares are transferred partly or totally to any third party, such third parties may access your personal data. In this case, Shiftup may also allow your personal data to be transferred to the acquiring third party.

Transfers of personal data to third countries

Please be aware that your personal information may be transferred to, stored in, and processed by affiliated companies, subcontractors and/or Shiftup partners, located in third countries such as, but not limited to, the United States, Canada and China.

Some personal data recipients are located in countries that are not considered as ensuring an adequate protection level according to the EU Commission. In such case, Shiftup or it partners use the strict framework of the EU Commission’s approved standard contractual clauses, which are available on the EU Commission website (https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_fr/), or the Privacy Shield framework.

 

Routine erasure and blocking of personal data

The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.

If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.

 

Rights of the data subject

Right of confirmation

Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact our Data Protection Officer or another employee of the controller.

 

Right of access

  • Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:  
    • the purposes of the processing;
    • the categories of personal data concerned;
    • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
    • where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
    • the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
    • the existence of the right to lodge a complaint with a supervisory authority;
    • where the personal data are not collected from the data subject, any available information as to their source;
    • the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
  • Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
    • If a data subject wishes to avail himself of this right of access, he or she may at any time contact our Data Protection Officer or another employee of the controller.

 

Right to rectification

  • Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
  • If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact our Data Protection Officer or another employee of the controller.

 

Right to erasure (Right to be forgotten)

  • Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:  
    • The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
    • The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
    • The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
    • The personal data have been unlawfully processed.
    • The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
    • The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
  • If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by Happy Melly BV, he or she may at any time contact our Data Protection Officer or another employee of the controller. The Data Protection Officer of Happy Melly BV or another employee shall promptly ensure that the erasure request is complied with.
  • Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. The Data Protection Officer of Happy Melly BV or another employee will arrange the necessary measures in individual cases.

 

Right of restriction of processing

  • Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:  
    • The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
    • The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
    • The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
    • The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
  • If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by Happy Melly BV, he or she may at any time contact our Data Protection Officer or another employee of the controller. The Data Protection Officer of Happy Melly BV or another employee will arrange the restriction of the processing.

 

Right to data portability

  • Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
  • Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
  • In order to assert the right to data portability, the data subject may at any time contact the Data Protection Officer designated by Happy Melly BV or another employee.

 

Right to object

  • Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
  • Happy Melly BV shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
  • If Happy Melly BV processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to Happy Melly BV to the processing for direct marketing purposes, Happy Melly BV will no longer process the personal data for these purposes.
  • In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by Happy Melly BV for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
  • In order to exercise the right to object, the data subject may directly contact the Data Protection Officer of Happy Melly BV or another employee. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
  •  
  • Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.
  • If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, Happy Melly BV shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.
  • If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may at any time directly contact our Data Protection Officer of Happy Melly BV or another employee of the controller.
  •  

 

Right to withdraw data protection consent

  • Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.
  • If the data subject wishes to exercise the right to withdraw the consent, he or she may at any time directly contact our Data Protection Officer of Happy Melly BV or another employee of the controller.

 

Data protection for applications and the application procedures

The data controller shall collect and process the personal data of applicants for the purpose of the processing of the application procedure. The processing may also be carried out electronically. This is the case, in particular, if an applicant submits corresponding application documents by e-mail or by means of a web form on the website to the controller. If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant by the controller, the application documents shall be automatically erased two months after notification of the refusal decision, provided that no other legitimate interests of the controller are opposed to the erasure. Other legitimate interest in this relation is, e.g. a burden of proof in a procedure under the General Equal Treatment Act (AGG).

 

Data protection provisions about the application and use of Facebook and Facebook Remarketing

On this website, the controller has integrated components of the enterprise Facebook. Facebook is a social network.

A social network is a place for social meetings on the Internet, an online community, which usually allows users to communicate with each other and interact in a virtual space. A social network may serve as a platform for the exchange of opinions and experiences, or enable the Internet community to provide personal or business-related information. Facebook allows social network users to include the creation of private profiles, upload photos, and network through friend requests.

The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, United States. If a person lives outside of the United States or Canada, the controller is the Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.

With each call-up to one of the individual pages of this Internet website, which is operated by the controller and into which a Facebook component (Facebook plug-ins) was integrated, the web browser on the information technology system of the data subject is automatically prompted to download display of the corresponding Facebook component from Facebook through the Facebook component. An overview of all the Facebook Plug-ins may be accessed here. During the course of this technical procedure, Facebook is made aware of what specific sub-site of our website was visited by the data subject.

If the data subject is logged in at the same time on Facebook, Facebook detects with every call-up to our website by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-site of our Internet page was visited by the data subject. This information is collected through the Facebook component and associated with the respective Facebook account of the data subject. If the data subject clicks on one of the Facebook buttons integrated into our website, e.g. the “Like” button, or if the data subject submits a comment, then Facebook matches this information with the personal Facebook user account of the data subject and stores the personal data.

Facebook always receives, through the Facebook component, information about a visit to our website by the data subject, whenever the data subject is logged in at the same time on Facebook during the time of the call-up to our website. This occurs regardless of whether the data subject clicks on the Facebook component or not. If such a transmission of information to Facebook is not desirable for the data subject, then he or she may prevent this by logging off from their Facebook account before a call-up to our website is made.

The data protection guideline published by Facebook, which is available at https://facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook. In addition, it is explained there what setting options Facebook offers to protect the privacy of the data subject. In addition, different configuration options are made available to allow the elimination of data transmission to Facebook, e.g. the Facebook blocker of the provider Webgraph, which may be obtained here. These applications may be used by the data subject to eliminate a data transmission to Facebook.

Facebook, may use cookies, web beacons, and other storage technologies to collect or receive information from our website and elsewhere on the internet and use that information to provide measurement services and target ads for data subject. Data subject can opt-out of the collection and use of information for ad targeting with these tools: http://www.aboutads.info/choices and http://www.youronlinechoices.eu/.

 

Data protection provisions about the application and use of Google Analytics (with anonymization function)

On this website, the controller has integrated the component of Google Analytics (with the anonymizer function). Google Analytics is a web analytics service. Web analytics is the collection, gathering, and analysis of data about the behavior of visitors to websites. A web analysis service collects, inter alia, data about the website from which a person has come (the so-called referrer), which sub-pages were visited, or how often and for what duration a sub-page was viewed. Web analytics are mainly used for the optimization of a website and in order to carry out a cost-benefit analysis of Internet advertising.

The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.

For the web analytics through Google Analytics the controller uses the application “_gat. _anonymizeIp”. By means of this application the IP address of the Internet connection of the data subject is abridged by Google and anonymised when accessing our websites from a Member State of the European Union or another Contracting State to the Agreement on the European Economic Area.

The purpose of the Google Analytics component is to analyze the traffic on our website. Google uses the collected data and information, inter alia, to evaluate the use of our website and to provide online reports, which show the activities on our websites, and to provide other services concerning the use of our Internet site for us.

Google Analytics places a cookie on the information technology system of the data subject. The definition of cookies is explained above. With the setting of the cookie, Google is enabled to analyze the use of our website. With each call-up to one of the individual pages of this Internet site, which is operated by the controller and into which a Google Analytics component was integrated, the Internet browser on the information technology system of the data subject will automatically submit data through the Google Analytics component for the purpose of online advertising and the settlement of commissions to Google. During the course of this technical procedure, the enterprise Google gains knowledge of personal information, such as the IP address of the data subject, which serves Google, inter alia, to understand the origin of visitors and clicks, and subsequently create commission settlements.

The cookie is used to store personal information, such as the access time, the location from which the access was made, and the frequency of visits of our website by the data subject. With each visit to our Internet site, such personal data, including the IP address of the Internet access used by the data subject, will be transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties.

The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Google Analytics from setting a cookie on the information technology system of the data subject. In addition, cookies already in use by Google Analytics may be deleted at any time via a web browser or other software programs.

In addition, the data subject has the possibility of objecting to a collection of data that are generated by Google Analytics, which is related to the use of this website, as well as the processing of this data by Google and the chance to preclude any such. For this purpose, the data subject must download a browser add-on under the link and install it. This browser add-on tells Google Analytics through a JavaScript, that any data and information about the visits of Internet pages may not be transmitted to Google Analytics. The installation of the browser add-ons is considered an objection by Google. If the information technology system of the data subject is later deleted, formatted, or newly installed, then the data subject must reinstall the browser add-ons to disable Google Analytics. If the browser add-on was uninstalled by the data subject or any other person who is attributable to their sphere of competence, or is disabled, it is possible to execute the reinstallation or reactivation of the browser add-ons.

Further information and the applicable data protection provisions of Google may be retrieved here and here. Google Analytics is further explained under the following link.

 

Data protection provisions about the application and use of WordPress (including Woocommerce)

The website has also integrated Woocommerce for order fulfillment.

The operating company for WordPress is the Automattic Inc., 132 Hawthorne Street, San Francisco, CA 94107, UNITED STATES.

 

Data protection provisions about the application and use of LinkedIn

The controller has integrated components of the LinkedIn Corporation on this website. LinkedIn is a web-based social network that enables users with existing business contacts to connect and to make new business contacts. Over 400 million registered people in more than 200 countries use LinkedIn. Thus, LinkedIn is currently the largest platform for business contacts and one of the most visited websites in the world.

The operating company of LinkedIn is LinkedIn Corporation, 2029 Stierlin Court Mountain View, CA 94043, UNITED STATES. For privacy matters outside of the UNITED STATES LinkedIn Ireland, Privacy Policy Issues, Wilton Plaza, Wilton Place, Dublin 2, Ireland, is responsible.

With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a LinkedIn component (LinkedIn plug-in) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to the download of a display of the corresponding LinkedIn component of LinkedIn. Further information about the LinkedIn plug-in may be accessed here. During the course of this technical procedure, LinkedIn gains knowledge of what specific sub-page of our website was visited by the data subject.

If the data subject is logged in at the same time on LinkedIn, LinkedIn detects with every call-up to our website by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-page of our Internet page was visited by the data subject. This information is collected through the LinkedIn component and associated with the respective LinkedIn account of the data subject. If the data subject clicks on one of the LinkedIn buttons integrated on our website, then LinkedIn assigns this information to the personal LinkedIn user account of the data subject and stores the personal data.

LinkedIn receives information via the LinkedIn component that the data subject has visited our website, provided that the data subject is logged in at LinkedIn at the time of the call-up to our website. This occurs regardless of whether the person clicks on the LinkedIn button or not. If such a transmission of information to LinkedIn is not desirable for the data subject, then he or she may prevent this by logging off from their LinkedIn account before a call-up to our website is made.

LinkedIn provides the possibility to unsubscribe from e-mail messages, SMS messages and targeted ads, as well as the ability to manage ad settings. LinkedIn also uses affiliates such as Eire, Google Analytics, BlueKai, DoubleClick, Nielsen, Comscore, Eloqua, and Lotame. The setting of such cookies may be denied here. The applicable privacy policy for LinkedIn is available here. The LinkedIn Cookie Policy is available here.

 

Data protection provisions about the application and use of Twitter

On this website, the controller has integrated components of Twitter. Twitter is a multilingual, publicly-accessible microblogging service on which users may publish and spread so-called ‘tweets,’ e.g. short messages, which are limited to 280 characters. These short messages are available for everyone, including those who are not logged on to Twitter. The tweets are also displayed to so-called followers of the respective user. Followers are other Twitter users who follow a user’s tweets. Furthermore, Twitter allows you to address a wide audience via hashtags, links or retweets.

The operating company of Twitter is Twitter, Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, UNITED STATES.

With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a Twitter component (Twitter button) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to download a display of the corresponding Twitter component of Twitter. Further information about the Twitter buttons is available here. During the course of this technical procedure, Twitter gains knowledge of what specific sub-page of our website was visited by the data subject. The purpose of the integration of the Twitter component is a retransmission of the contents of this website to allow our users to introduce this web page to the digital world and increase our visitor numbers.

If the data subject is logged in at the same time on Twitter, Twitter detects with every call-up to our website by the data subject and for the entire duration of their stay on our Internet site which specific sub-page of our Internet page was visited by the data subject. This information is collected through the Twitter component and associated with the respective Twitter account of the data subject. If the data subject clicks on one of the Twitter buttons integrated on our website, then Twitter assigns this information to the personal Twitter user account of the data subject and stores the personal data.

Twitter receives information via the Twitter component that the data subject has visited our website, provided that the data subject is logged in on Twitter at the time of the call-up to our website. This occurs regardless of whether the person clicks on the Twitter component or not. If such a transmission of information to Twitter is not desirable for the data subject, then he or she may prevent this by logging off from their Twitter account before a call-up to our website is made.

The applicable data protection provisions of Twitter may be accessed here.

 

Payment Method: Data protection provisions about the use of PayPal as a payment processor

On this website, the controller has integrated components of PayPal. PayPal is an online payment service provider. Payments are processed via so-called PayPal accounts, which represent virtual private or business accounts. PayPal is also able to process virtual payments through credit cards when a user does not have a PayPal account. A PayPal account is managed via an e-mail address, which is why there are no classic account numbers. PayPal makes it possible to trigger online payments to third parties or to receive payments. PayPal also accepts trustee functions and offers buyer protection services.

The European operating company of PayPal is PayPal (Europe) S.à.r.l. & Cie. S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg.

If the data subject chooses “PayPal” as the payment option in the online shop during the ordering process, we automatically transmit the data of the data subject to PayPal. By selecting this payment option, the data subject agrees to the transfer of personal data required for payment processing.

The personal data transmitted to PayPal is usually first name, last name, address, email address, IP address, telephone number, mobile phone number, or other data necessary for payment processing. The processing of the purchase contract also requires such personal data, which are in connection with the respective order.

The transmission of the data is aimed at payment processing and fraud prevention. The controller will transfer personal data to PayPal, in particular, if a legitimate interest in the transmission is given. The personal data exchanged between PayPal and the controller for the processing of the data will be transmitted by PayPal to economic credit agencies. This transmission is intended for identity and creditworthiness checks.

PayPal will, if necessary, pass on personal data to affiliates and service providers or subcontractors to the extent that this is necessary to fulfill contractual obligations or for data to be processed in the order.

The data subject has the possibility to revoke consent for the handling of personal data at any time from PayPal. A revocation shall not have any effect on personal data which must be processed, used or transmitted in accordance with (contractual) payment processing.

The applicable data protection provisions of PayPal may be retrieved here.

 

Payment Method: Data protection provisions about the use of Stripe as a payment processor

On this website, the controller has integrated components of Stripe. Stripe is an online payment service provider.

The operating company is Stripe, Inc., 185 Berry Street, Suite 550, San Francisco, CA 94107.

For users in the EEA and Switzerland, Stripe is certified under the EU-U.S. and the Swiss-U.S. Privacy Shield Framework. For more, see Stripe’s Privacy Shield Policy.

If the data subject chooses “credit card“ as the payment option in the online shop during the ordering process, we automatically transmit the data of the data subject to Stripe. By selecting this payment option, the data subject agrees to the transfer of personal data required for payment processing.

The personal data transmitted to Stripe is usually first name, last name, address, email address, IP address, telephone number, mobile phone number, or other data necessary for payment processing. The processing of the purchase contract also requires such personal data, which are in connection with the respective order. The transmission of the data is aimed at payment processing and fraud prevention. The controller will transfer personal data to Stripe, in particular, if a legitimate interest in the transmission is given.

Stripe will, if necessary, pass on personal data to affiliates and service providers or subcontractors to the extent that this is necessary to fulfill contractual obligations or for data to be processed in the order. The data subject has the possibility to revoke consent for the handling of personal data at any time from Stripe. A revocation shall not have any effect on personal data which must be processed, used or transmitted in accordance with (contractual) payment processing.

The applicable data protection provisions of Stripe may be retrieved under https://stripe.com/au/privacy

 

Data protection provisions regarding the use of Workshop Butler for event management

On this website the controller has integrated components of Workshop Butler. Workshop Butler is a workshop management and administration tool used to manage our events

The operating company is SEASON HEROES UNIPESSOAL LDA, Rua Joaquim Pereira, Numero 751, 6D, Cascais, Portugal 2750-392.

If the data subject enrols for one of the workshop events hosted on our site, we automatically transmit the data of the data subject to Workshop Butler. By applying for the event,, the data subject agrees to the transfer of personal data required for payment processing, issuing of certificates, ongoing support before and after the event.

The personal data transmitted to Workshop Butler is usually first name, last name, address, email address, IP address, telephone number, mobile phone number, and other data necessary for event enrolment and certification. The processing of the purchase contract also requires such personal data, which are in connection with the respective order. The transmission of the data is aimed at payment processing and fraud prevention, including rights and usage of our proprietary licencing and certifications. The controller will transfer personal data to Workshop Butler, in particular, if a legitimate interest in the transmission is given.

The applicable data protection provisions of Workshop Butler may be retrieved here.

 

Data protection provisions regarding the use of Mailchimp for email newsletter communications

On this website, the controller has integrated components of Mailchimp. Mailchimp is an email list management and content broadcast service.

The operating company is Mailchimp, 675 Ponce de Leon Ave NE, Suite 5000
Atlanta, GA 30308 USA

For users in the EEA and Switzerland, Mailchimp is certified under the EU-U.S. and the Swiss-U.S. Privacy Shield Framework. For more, see Mailchimp’s Privacy Shield Policy.

When signing up for newsletters from Shiftup, the data subject’s information is transferred to Mailchimp for processing. By selecting this payment option, the data subject agrees to the transfer of personal data required for newsletter distribution.

The personal data transmitted to Mailchimp is usually first name, last name, address, email address, IP address.  The transmission of the data is aimed at delivery of requested information.

Mailchimp will, if necessary, pass on personal data to affiliates and service providers or subcontractors to the extent that this is necessary to fulfill contractual obligations or for data to be processed in the order. The applicable data protection provisions of Mailchimp may be retrieved under https://mailchimp.com/legal/privacy/

 

Data protection provisions regarding the use of Instagram as a social network

On this website, the controller has integrated components of the service Instagram. Instagram is a service that may be qualified as an audiovisual platform, which allows users to share photos and videos, as well as disseminate such data in other social networks.

The operating company of the services offered by Instagram is Instagram LLC, 1 Hacker Way, Building 14 First Floor, Menlo Park, CA, UNITED STATES.

With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which an Instagram component (Insta button) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to the download of a display of the corresponding Instagram component of Instagram. During the course of this technical procedure, Instagram becomes aware of what specific sub-page of our website was visited by the data subject.

If the data subject is logged in at the same time on Instagram, Instagram detects with every call-up to our website by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-page of our Internet page was visited by the data subject. This information is collected through the Instagram component and is associated with the respective Instagram account of the data subject. If the data subject clicks on one of the Instagram buttons integrated on our website, then Instagram matches this information with the personal Instagram user account of the data subject and stores the personal data.

Instagram receives information via the Instagram component that the data subject has visited our website provided that the data subject is logged in at Instagram at the time of the call to our website. This occurs regardless of whether the person clicks on the Instagram button or not. If such a transmission of information to Instagram is not desirable for the data subject, then he or she can prevent this by logging off from their Instagram account before a call-up to our website is made.

Further information and the applicable data protection provisions of Instagram may be retrieved under https://www.instagram.com/about/legal/privacy/.

 

Data protection provisions regarding the use of Informer Online for accounts administration

On this website, and on our backend administration, the controller has integrated components of Informer Online. Informer Online is an online accounts administration tool.

The operating company is INFORMER ONLINE NERDELAND BV, Laan van Zuid Hoorn 60, 2289 DE Rijswijk, Netherlands

If the data subject sends an invoice to Happy Melly BV, we shall process the payment of it using Informer Online.

Similarly, if we need to raise an invoice to a client, this information shall be processed in this tool. By transacting with us, the data subject agrees to the transfer of personal data required for account processing.

The personal data transmitted to Informer Online is usually first name, last name, address, email address, IP address, telephone number, mobile phone number, bank account IBAN or clearing information, or other data necessary for payment processing (including the physical mailing address).

The processing of the purchase contract also requires such personal data, which are in connection with the respective invoices. The transmission of the data is aimed at payment processing and fraud prevention. The controller will transfer personal data to Informer Online, in particular, if a legitimate interest in the transmission is given.

Informer Online will, if necessary, pass on personal data to affiliates and service providers or subcontractors to the extent that this is necessary to fulfill contractual obligations or for data to be processed in the order. The data subject has the possibility to revoke consent for the handling of personal data at any time from Informer Online. A revocation shall not have any effect on personal data which must be processed, used or transmitted in accordance with (contractual) payment processing.

The applicable data protection provisions of Informer Online may be retrieved here.

 

Data protection provisions regarding the use of Google Suite and Google channels

For providing some of our Services, the controller is going to use components of Google Suite and Google channels such as but not limited to Google Drive, Google Docs, Google Sheets, Youtube or Gmail. The personal data affected by this may include name, last name, e-mail address.

The operating company of all these products is Google Ireland Limited
incorporated and operating under the laws of Ireland, Gordon House, Barrow Street Dublin 4 Ireland. We trust in the reliability as well as IT and data security of all these Google products. Google as a company is GDPR compliant. You can view Google’s data privacy policy here: https://policies.google.com/privacy

 

 

Data protection provisions regarding the use of Slack for community management

On this website and for internal administration and communications, the controller has integrated components of Slack. Slack is an online chat and community management tool.

The operating company is Slack Technologies, 155 5th Street, 6th Floor, San Francisco, CA, 94103, USA

For users in the EEA and Switzerland, Slack is certified under the EU-U.S. and the Swiss-U.S. Privacy Shield Framework. For more, see Slack’s Privacy Shield Policy.

When joining an online community through Shiftup, the data subject’s information is transferred to Slack for initially inviting and then for further processing of this data. By selecting this payment option, the data subject agrees to the transfer of personal data required for participation in our Slack communities.

The personal data transmitted to Slack is usually first name, last name, address, email address, IP address and localization data.  The transmission of the data is aimed at delivery of requested information.

Slack will, if necessary, pass on personal data to affiliates and service providers or subcontractors to the extent that this is necessary to fulfill contractual obligations or for data to be processed in the order.

The applicable data protection provisions of Slack may be retrieved under Slack’s privacy policy

 

Data protection provisions about the application and use of Hotjar

The operating company is Hotjar, Sliema, Malta.

This section of our Privacy Policy explains the details of how Hotjar collects information from data subject’s browser and device when you access this website. For the purposes of the services that Hotjar provides to this website, Hotjar acts as Data Processor and solely processes all personal data in accordance with the instructions received from Our Data Controllers, the owner and/or operator of this website. This includes how Hotjar collects information from the data subject’s browser and device when an data subject accesses this website.

The following information may be collected related to the data subject’s device and browser:

  • device’s IP address (captured and stored in an anonymized format as described in our Technical Information);
  • device screen resolution;
  • device type (unique device identifiers), operating system, and browser type;
  • geographic location (country only);
  • preferred language used to display the this website.

User interactions

  • Mouse events (movements, location and clicks)
  • Keypresses

Log data

For a sampling of visitors, Hotjar servers automatically record information which is collected from this website. This data includes:

  • referring domain;
  • pages visited;
  • geographic location (country only);
  • preferred language used to display the webpage;
  • date and time when website pages were accessed;

Cookies

This website use cookies to collect non-personal information including standard internet log information and details of the data subject’s behavioural patterns upon visiting this website. This is done to enable this website to provide You with a better experience, identify preferences, diagnose technical problems, analyse trends and generally to help Our Customers improve their website.

Cookies are small data files transferred onto computers or devices by websites for record-keeping purposes and to enhance functionality on this website.

We may also use cookies to record login details on Your device or computer. This helps to determine whether a particular device previously visited a specific Hotjar Enabled Site so that the login details would not have to be re-entered each time You visit that Hotjar Enabled Site.

Hotjar also uses cookies to determine if someone has opted out of being tracked by Hotjar services.

Most browsers allow You to choose whether to accept cookies or not. If You do not wish to have cookies placed on Your computer, please set Your browser preferences to reject all cookies, before accessing any Hotjar Enabled Site. Please note that by doing so, some features of this website may become unavailable.

To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.

For more info about the cookies We make use of, please visit Cookie Information.

Hotjar, at all times, undertakes to ensure that by sharing Your behavioural patterns and any other information generated from You visiting this website, Your Privacy rights are respected at all times.

You may opt-out from having Hotjar collect Your information when visiting this website at any time by visiting our Opt-out page and clicking ‘Disable Hotjar’.

 

Data protection provisions regarding the use of Zapier

For communications with Shiftup participants, the controller is going to use components of Zapier. The tool Zapier serves as interface between Typeform and Airtable. With Zapier the data is processed and transmitted. The personal data affected by this may include name, e-mail address.

The operating company of Zapier is Zapier Inc., 243 Buena Vista Avenue, Suite 508, Sunnyvale, CA 94086, United States.

We trust in the reliability as well as IT and data security of Zapier. Zapier as a company is certified under the US-EU data protection agreement “Privacy Shield“ (https://www.privacyshield.gov/participant?id=a2zt0000000TNk2AAG) and thus commits to comply with EU data protection regulations. Further, we have concluded a “Data Processing Addendum” with Zapier. This is a contract in which Zapier commits to protect the data of our users, to process them on our behalf in accordance with their data protection regulations and in particular not to pass them on to third parties. You can view Agile Zapier’s data privacy policy here: https://zapier.com/privacy/

 

Data protection provisions regarding the use of Typeform

For communications with Shiftup participants, the controller is going to use components of Typeform. TypeForm is a standalone tool, also known as SAAS (software as a service) tool that specializes in online form building and online surveys. The personal data affected by this may include name, e-mail address.

The operating company of Typeform is TYPEFORM SL C/Bac de Roda, 163 (Local), 08018 – Barcelona (Spain).

We trust in the reliability as well as IT and data security of Typeform. Typeform as a company is GDPR compliant. You can view Typeform’s data privacy policy here: https://admin.typeform.com/to/dwk6gt/

 

Data protection provisions regarding the use of Airtable

For communications with Shiftup participants, the controller is going to use components of Airtable. Airtable is a provider of a collaboration platform and productivity tool designed to organize and manage data. The personal data affected by this may include name, e-mail address.

The operating company of Airtable is 4th St, San Francisco, USA. We trust in the reliability as well as IT and data security of Airtable. Airtable as a company is GDPR compliant. You can view Airtable’s data privacy policy here: https://airtable.com/privacy

 

Data protection provisions regarding the use of Zoom

For communications with Shiftup participants, the controller is going to use components of Zoom. Zoom is a provider of a communications platform and the personal data affected by this may include name, e-mail address.

The operating company of Zoom is Zoom Video Communications, Inc., 55 Almaden Blvd, Suite 600 San Jose, CA 95113, USA. We trust in the reliability as well as IT and data security of Zoom. Zoom as a company is compliant with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield. You can view Zoom’s data privacy policy here: https://zoom.us/privacy

 

Data protection provisions regarding the use of PandaDoc

For managing contracts and documentation, the controller is going to use components of PandaDoc. PandaDoc is a provider to generate, negotiate and eSign proposals, and the personal data affected by this may include name, last name, e-mail address, personal ID, payment information.

The operating company of PandaDoc is PandaDoc Inc., 101 California St, San Francisco, CA, 94111-5847, USA. We trust in the reliability as well as IT and data security of PandaDoc. PandaDoc as a company is compliant with the EU GDPR. You can view PandaDoc’s data privacy policy here: https://www.pandadoc.com/privacy-policy/ 

 

Data protection provisions regarding the use of Trello

For managing specific tasks and collaborating, the controller is going to use components of Trello. Trello is collaboration and work management platform, and the personal data affected by this may include name, last name, e-mail address, personal ID.

The operating company of Trello is Atlassian Corporation PLC, 341 George Street Level 6 Sydney, NSW 2000 Australia. We trust in the reliability as well as IT and data security of Atlassian. Atlassian as a company is compliant with the EU GDPR. You can view Trello’s data privacy policy here: https://trello.com/privacy

 

Data protection provisions regarding the use of Integromat

For processes automation, the controller is going to use components of Integromat. Integromat is an integration platform and the personal data affected by this may include name, last name, e-mail address, personal ID.

The operating company of Integromat is Integromat s.r.o., Novákových 1954/20a, 180 00 Praha 8, Czech Republic. We trust in the reliability as well as IT and data security of Integromat. You can view Integromat’s data privacy policy here: https://support.integromat.com/hc/en-us/articles/360001988174

 

Legal basis for the processing

Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).

 

The legitimate interests pursued by the controller or by a third party

Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.

 

Period for which the personal data will be stored

The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.

 

Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data

We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact our Data Protection Officer.

Our Data Protection Officer clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.