Privacy Policy.
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We are pleased that you are visiting our website at www.adup.io and www.secure-checkout.eu and AI Checkout our Software as a Service (“SaaS”) Solution. Data protection and data security when using our website and SaaS are very important to us. We would therefore like to inform you which of your personal data we collect when you visit our website and use AI Checkout and for what purposes it is used.
Who is responsible?
The person responsible in the sense of the Dutch GDPR Implementation Act (Uitvoeringswet Algemene Verordening gegevensbescherming) (“UAVG”) and the EU’s General Data Protection Regulation (“GDPR”) is AdUp, Jansbuitensingel 24F, 6811AD, Arnhem, Netherlands (“AdUp”, “we”, “us”, “our”).
If you have any questions about this policy or our data protection practices, please contact us using support@adup.io.
Principles of data processing
Personal data
Personal data is any information relating to an identified or identifiable natural person. This includes, for example, information such as your name, age, address, telephone number, date of birth, e-mail address, IP address or user behavior.
Processing
The processing of personal data (e.g. collection, retrieval, use, storage or transmission) always requires a legal basis.
Legal basis
In accordance with the UAVG and the GDPR, we have to have at least one of the following legal bases to process your Personal Data: i) you have given your consent, ii) the data is necessary for the fulfillment of a contract / pre-contractual measures, iii) the data is necessary for the fulfillment of a legal obligation, or iv) the data is necessary to protect our legitimate interests, provided that your interests are not overridden.
Retention
Processed personal data will be deleted as soon as the purpose of the processing has been achieved and there are no longer any legally required retention obligations.
Data we collect
Provision and use of the website
When you call up and use our website, we collect the personal data that your browser automatically transmits to our server. This is technically necessary for us to display our website and to ensure its stability and security. In this sense, we collect the following data: i) IP address of the requesting computer, ii) Date and time of access, iii) name and URL of the file accessed, iv) website from which the access was made (referrer URL), v) browser used and, if applicable, the operating system of your computer as well as the name of your access provider. The legal basis is our legitimate interest.
Hosting
We use the hosting services of AWS (Amazon) for the purpose of hosting and displaying our website. AWS does so on the basis of processing on our behalf, and that also means that all data collected on our website is processed on AWS's servers in Frankfurt, Germany. The legal basis for processing is our legitimate interest.
Data management and customer support
For optimal customer support, we use first name, last name, email address, and the data related to your contract with us. Your data may be stored on our website and or our customer relationship management system ("CRM system") provided by Zoho. This data processing is based on our legitimate interest in providing our customer service.
Google Fonts
We use Google Fonts from Google on our website to display external fonts. To enable the display of certain fonts on our website, a connection to the Google server in the USA is established when our website is called up. Through the connection to Google, which is established when our website is called up, Google can determine from which website your request originates and to which IP address the display of the font should be transmitted. This constitutes a legitimate interest.
Cookies
We use so-called cookies on our website. Cookies are pieces of information that are transmitted from our web server or third-party web servers to your web browser and stored there for later retrieval. Cookies may be small files or other types of information storage. There are different types of cookies: i) Essential Cookies. Essential cookies are cookies to provide a correct and user-friendly website; and ii) Non-essential Cookies. Non-essential Cookies are any cookies that do not fall within the definition of essential cookies, such as cookies used to analyze your behavior on a website (“analytical” cookies) or cookies used to display advertisements to you (“advertising” cookies).
As set out in the Dutch Telecommunications Act (Wet van 4 februari 2015 tot wijziging van de Telecommunicatiewet) (“TA”) and the EU`s Privacy and Electronic Communications Directive (“PECD”), we need to obtain consent for the use of Non-essential Cookies. For further information on the cookies we use, please refer to our Cookie Policy. The legal basis for processing is our legitimate interest and your consent.
Cookie consent
Our website uses a cookie consent tool to obtain your consent to the storage of cookies and to document this consent. When you enter our website, the following Personal Data is transferred to us: i) Your consent(s) or revocation of your consent(s); ii) Your IP address; iii) Information about your browser; iv) Information about your device; v) Time of your visit to our website. The basis for processing is our legitimate interest.
Economic analyses and market research
For business reasons, we analyze the data we have on business transactions, contracts, enquiries, browsing behavior etc. The analyses serve us alone and are not disclosed externally and processed using anonymous analyses with summarized and or anonymized values. For this purpose we use Google Analytics and you can find more information about Google Analytics in our Cookie Policy. The legal basis is our legitimate interest and your consent.
Contacting Us
We offer you the opportunity to contact us using various methods. We collect the data you submit such as your name, email address, telephone number and your message in order to process your enquiry and respond to you. The legal basis is both your consent and contract.
Contractual Services
We process the Personal Data involved when you enter into a contract with us in order to be able to provide our contractual services. This includes in particular our support, correspondence with you, invoicing, fulfillment of our contractual, accounting and tax obligations. Accordingly, the data is processed on the basis of fulfilling our contractual obligations and our legal obligations.
Your end users and your AdUp AI Checkout
When you integrate and configure your AdUp AI Checkout in your Shop, we process Personal Data of your end users for the purpose of providing you with our services as selected by you including transaction processing, personalized recommendations and customer journey analytics. The Personal Data processed by us depends on how you are integrating and configuring your AdUp AI Checkout and the data your end users are submitting. This may include i) first name and last name, ii) phone number and email address, iii) shipping and billing addresses, iv) device information including device type, browser type, IP address, and v) your end users order history.
In this sense you are in full control over how you and your end user are using our services. The legal basis is the provision of our contractual service.
Further and in accordance with the UAVG and the GDPR, we act as your Data Processor. Some jurisdictions may require you to disclose your use of AdUp AI Checkout as your processor in your privacy policy and/or data processing agreement as applicable.
Our AdUp AI Checkout
As mentioned above, we process the Personal Data involved in your use of our AI Checkout Services (“Service Data”) in order to be able to provide our services to you. We recognize that you own your Service Data and provide you with complete control of your Service Data by providing you the ability to (i) access your Service Data, (ii) share your Service Data through supported third-party integrations, and (iii) request export or deletion of your Service Data.
Where we process Service Data as Data Processor or in other words on behalf of you, we will process the Service Data involved in your use of our services in accordance with your instructions and shall use it only for the purposes agreed between you and us.
We ensure that access by our employees to your data is only available on a need-to-know basis, restricted to specific individuals, and is logged and audited. We communicate our privacy and security guidelines to our employees and enforce privacy and protection safeguards strictly.
For the purpose of providing our services all Service Data processed by us will be stored using AWS's servers in Frankfurt, Germany as our sub-processor and take appropriate legal precautions and corresponding technical and organizational measures to ensure the protection of your Service Data.
Support ticket
If you create a support ticket, we will request Personal Data and, where applicable, non-Personal Data in accordance with your request, this may include your name, email address and other order related data you voluntarily provide. The data provided is not shared with third parties and cannot read your data when it is entered. If you submit a support ticket, we process the data for the purpose of processing and handling your ticket.
Our employees will also have access to data that you knowingly share with us for technical support or to import data into our services. We communicate our privacy and security guidelines to our employees and enforce privacy safeguards strictly. The legal basis of the data processing is our obligation to fulfill the contract and/or our legitimate interest in processing your support ticket.
Administration, financial accounting, office organization, contact management
We process data in the context of administrative tasks as well as organization of our business, and compliance with legal obligations, such as archiving. In this regard, we process the same data that we process in the course of providing our contractual services. The processing bases are our legal obligations and our legitimate interest.
Payment Data
If you make a purchase your payment will be processed via our payment service provider Mollie. Payment data will solely be processed through Mollie and we have no access to any Payment Data you may submit. The legal basis for the provision of a payment system is the establishment and implementation of the contract.
Promotional use of your data
We use your data within the legally permissible scope for marketing purposes, e.g., to draw your attention to special promotions and discount offers. In addition, we may draw your attention to comparable offers by email, e.g., we may inform you about exclusive sales, promotions, or special events. The legal basis for processing is our legitimate interest.
Economic analyses and market research
For business reasons, we analyze the data we have on business transactions, contracts, enquiries, browsing behavior etc. The analyses serve us alone and are not disclosed externally and processed using anonymous analyses with summarized and or anonymized values. For this purpose we use both Google Analytics and you can find more information about Google Analytics in our Cookie Policy. The legal basis is our legitimate interest and your consent.
Data Security
We undertake to protect your privacy and to treat your Personal Data and Service Data confidentiality. In order to prevent manipulation or loss or misuse of your data stored with us, we take extensive technical and organizational security precautions which are regularly reviewed and adapted to technological progress. These include, among other things, the use of recognised encryption procedures (SSL or TLS).
However, we would like to point out that, due to the structure of the Internet, it is possible that the rules of data protection and the above-mentioned security measures are not observed by other persons or institutions that are not in our area of responsibility. We have no technical influence on this. It is the user's responsibility to protect the data he or she provides against misuse by encrypting it or in any other way.
Marketing
Insofar as you have also given us your consent to process your Personal Data for marketing and advertising purposes, we are entitled to contact you for these purposes via the communication channels you have given your consent to.
You may give us your consent in a number of ways including by selecting a box on a form where we seek your permission, or sometimes your consent is implied from your interactions or contractual relationship. Where your consent is implied, it is on the basis that you would have a reasonable expectation of receiving a marketing communication based on your interactions or contractual relationship with us.
Our Marketing generally takes the form of e-mail but may also include other less traditional or emerging channels. These forms of contact will be managed by us, or by our contracted service providers. Every directly addressed marketing sent by us or on our behalf will include a means by which you may unsubscribe or opt out.
Advertising
We would like to show you interesting advertising outside of our website and use various third-party tools and cookies for this purpose. These collect and process information about your activities on our website - for example, which products you are interested in or which pages you visit. By knowing what you are looking for and how you use our website, we can adapt our advertising to your needs. And thus increase the likelihood that you will also be shown suitable and interesting advertising outside our website.
We also analyze this data to evaluate the relevance of the advertisements and to optimize the advertisements for you. Through the tools, your browser regularly establishes a connection to the server of the tool provider when you visit our website. For some tools, we have no direct influence on what data is processed by the providers. The following personal data may be processed by third-party providers i) HTTP header information (e.g., IP address, web browser, website URL, date and time); ii) measuring pixel-specific data (e.g., pixel ID and cookie ID); and iii) additional information about visits to our website (e.g., orders placed, products clicked on). The legal bases for processing are our legitimate interest and your consent in case of cookies. For further information, please refer to our Cookie Policy.
Social Media
General
We are present on social media on the basis of our legitimate interest. If you contact or connect with us via social media, we and the relevant social media platform are jointly responsible for the processing of your data and enter into a so-called joint controller agreement. The Personal Data collected when contacting us is to handle your request and the bases are both your consent and our legitimate interest.
Market research and advertising
In addition, your data may be processed for market research and advertising purposes. For example, usage profiles can be created from your usage behavior and the resulting interests. This allows, for example, advertisements to be placed within and outside the platforms that presumably correspond to your interests. You can find more information about our advertising on social media in our Cookie Policy. The legal basis is our legitimate interest.
When you visit our profiles and interact with us and others
When you visit our social media profiles, we, as the operator of the profile, process your actions and interactions with our profile (e.g., the content of your messages, enquiries, posts or comments that you send to us or leave on our profile or when you like or share our posts) as well as your publicly viewable profile data (e.g., your name and profile picture). Which Personal Data from your profile is publicly viewable depends on your profile settings, which you can adjust yourself in the settings of your social media account. The legal basis is our legitimate interest and your consent.
International transfers
We may transfer your Personal Data to other companies as necessary for the purposes described in this Privacy Policy. In order to provide adequate protection for your Personal Data when it is transferred, we have contractual arrangements regarding such transfers. We take all reasonable technical and organizational measures to protect the Personal Data we transfer.
How we may share your Personal Data
We may share your Personal Data with our Business Partners for the purposes described in this Privacy Policy, including (but not limited to) conducting the services you request, or customizing our business to better meet your needs. We share your Personal Data only with Business Partners who agree to protect and use your Personal Data solely for the purposes specified by us.
We may also disclose your Personal Data for any purpose with your consent or for law enforcement, fraud prevention or other legal actions as required by law or regulation, or if we reasonably believe that we must protect us, our customers or other business interests. Except as described above of which you will be informed in advance, we will not disclose your Personal Data.
What we do not do
We do not request Personal Data from minors and children;
We do not use Automated decision-making including profiling; and
We do not sell your Personal Data.
Privacy Rights
Under the UAVG and the GDPR, you can exercise the following rights:
Right to information
Right to rectification
Right to deletion
Right to data portability
Right of objection
Right to withdraw consent
Right to complain to a supervisory authority
Right not to be subject to a decision based solely on automated processing.