Privacy Policy

Data Privacy

We are pleased about your interest in our company. Data protection is of particular importance to us. The use of the Upgraded Humans website is generally possible without providing personal data. However, if a person wishes to use special services of our company via our website, the processing of personal data may become necessary. If the processing of personal data is required and there is no legal basis for such processing, we generally obtain the consent of the data subject.

The processing of personal data, such as the name, address, email address, or telephone number of a data subject, is always carried out in compliance with the General Data Protection Regulation (GDPR) and in accordance with the country-specific data protection regulations applicable to Upgraded Humans. Through this privacy policy, we aim to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Additionally, affected individuals are informed of their rights through this privacy policy.

Upgraded Humans, as the controller responsible for processing, has implemented numerous technical and organizational measures to ensure the most comprehensive protection of personal data processed through this website. Nevertheless, internet-based data transmissions may have security gaps, so absolute protection cannot be guaranteed. For this reason, each data subject is free to transmit personal data to us via alternative means, such as by telephone.

1. Definitions

This privacy policy is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our privacy policy should be easy to read and understand for both the public and our customers and business partners. To ensure this, we would like to first explain the terminology used.

Among other terms, we use the following in this privacy policy:

Personal data: Any information relating to an identified or identifiable natural person (“data subject”).
Data subject: Any identified or identifiable natural person whose personal data is processed by the controller responsible for processing.
Processing: Any operation or set of operations performed on personal data, including collection, recording, organization, structuring, storage, adaptation, retrieval, consultation, use, disclosure, restriction, erasure, or destruction.
Restriction of processing: The marking of stored personal data with the aim of limiting its future processing.
Profiling: Any form of automated processing of personal data consisting of using such data to evaluate certain personal aspects relating to a natural person.
Pseudonymization: Processing personal data in such a way that it can no longer be attributed to a specific data subject without additional information.
Controller: The natural or legal person, public authority, agency, or other body that determines the purposes and means of processing personal data.
Processor: A natural or legal person, public authority, agency, or other body that processes personal data on behalf of the controller.
Recipient: A natural or legal person, public authority, agency, or another body to which personal data is disclosed.
Third party: A natural or legal person, public authority, agency, or another body other than the data subject, controller, or processor.
Consent: Any freely given, specific, informed, and unambiguous indication of the data subject's wishes through which they signify agreement to the processing of their personal data.

2. Name and Address of the Controller

The controller within the meaning of the GDPR and other data protection laws applicable in European Union member states is:

Upgraded Humans
Bocksberg 30b
22395 Hamburg
Germany

3. Cookies

The Upgraded Humans website uses cookies. Cookies are text files stored on a computer system via an internet browser. Many websites and servers use cookies to identify a specific browser.

Cookies allow us to provide users of our website with more user-friendly services that would not be possible without the use of cookies. Users can prevent cookies from being set at any time by adjusting their browser settings and can delete already stored cookies at any time.

4. Collection of General Data and Information

Each time the website is accessed, Upgraded Humans collects general data and information, which is stored in server log files. The collected data may include:

The browser type and version used
The operating system used by the accessing system
The website from which an accessing system reaches our website (referrer)
The sub-pages accessed
The date and time of access
The Internet Protocol (IP) address
The internet service provider of the accessing system

These data are not used to draw conclusions about the data subject. Instead, they are needed to ensure the correct delivery of website content, optimize our website and advertisements, ensure system security, and provide law enforcement authorities with information in the event of cyberattacks.

5. Rights of the Data Subject

Right to confirmation: Data subjects have the right to obtain confirmation as to whether their personal data is being processed.
Right of access: Data subjects can request information about their stored personal data.
Right to rectification: Data subjects can request the correction of incorrect or incomplete personal data.
Right to erasure: Data subjects can request the deletion of their personal data if certain conditions apply.
Right to restriction of processing: Data subjects can request that processing be restricted under certain circumstances.
Right to data portability: Data subjects can request their personal data in a structured, commonly used, and machine-readable format.
Right to object: Data subjects can object to the processing of their data under certain circumstances.
Right to withdraw consent: If the processing is based on consent, data subjects can withdraw their consent at any time.

6. Contact Information for Data Protection Concerns

For any questions or concerns regarding data protection, please contact us at:
Email: privacy@upgraded-humans.com

This privacy policy is subject to change and will be updated as necessary to comply with legal requirements or changes in our data processing practices.

7. Third-Party Services and Integrations

We may use third-party services, such as analytics tools and payment processors, to improve our services. These providers may process personal data on our behalf, and we ensure they comply with applicable data protection laws.

8. Payment Processing

We use external payment service providers to process payments securely. These providers may collect and store payment-related data as necessary for the transaction.

9. Data Retention and Deletion

We retain personal data only as long as necessary for the fulfillment of contractual and legal obligations. Once these purposes are no longer applicable, the data is deleted.

10. Changes to This Privacy Policy

This privacy policy is subject to change and will be updated as necessary to comply with legal requirements or changes in our data processing practices.

11. Rights of the Data Subject

a) Right to Confirmation
Every data subject has the right granted by the European legislator to obtain confirmation from the controller as to whether or not personal data concerning them is being processed. If a data subject wishes to exercise this right of confirmation, they may contact an employee of the controller at any time.

b) Right of Access
Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain, at any time and free of charge, information from the controller about the personal data stored about them and a copy of this information. Furthermore, the European legislator has granted the data subject access to the following information:

The purposes of the processing
The categories of personal data being processed
The recipients or categories of recipients to whom the personal data has been or will be disclosed, particularly recipients in third countries or international organizations
Where possible, the planned duration for which the personal data will be stored or, if not possible, the criteria used to determine this period
The existence of a right to rectification or erasure of personal data concerning them, or to restriction of processing by the controller, or to object to such processing
The existence of a right to lodge a complaint with a supervisory authority
Where the personal data is not collected from the data subject: Any available information about the source of the data
The existence of automated decision-making, including profiling, as per Article 22(1) and (4) GDPR, and—at least in such cases—meaningful information about the logic involved as well as the significance and intended consequences of such processing for the data subject

Additionally, the data subject has the right to be informed whether personal data has been transferred to a third country or an international organization. If this is the case, the data subject has the right to be informed about the appropriate safeguards in connection with the transfer.

If a data subject wishes to exercise this right of access, they may contact an employee of the controller at any time.

c) Right to Rectification
Every data subject affected by the processing of personal data has the right granted by the European legislator to request the immediate correction of inaccurate personal data concerning them. Furthermore, considering the purposes of the processing, the data subject has the right to request the completion of incomplete personal data—including by means of a supplementary statement.

If a data subject wishes to exercise this right of rectification, they may contact an employee of the controller at any time.

d) Right to Erasure (Right to be Forgotten)
Every data subject affected by the processing of personal data has the right granted by the European legislator to request that the controller erase personal data concerning them without undue delay, provided that one of the following reasons applies and insofar as processing is not necessary:

The personal data was collected or otherwise processed for purposes for which it is no longer necessary.
The data subject withdraws their consent on which the processing is based according to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, and there is no other legal ground for the processing.
The data subject objects to the processing pursuant to Article 21(1) GDPR, and there are no overriding legitimate grounds for the processing, or the data subject objects to processing pursuant to Article 21(2) GDPR.
The personal data has been unlawfully processed.
The erasure of personal data is required to fulfill a legal obligation under Union or Member State law to which the controller is subject.
The personal data was collected in relation to the offer of information society services pursuant to Article 8(1) GDPR.

If one of the above reasons applies and a data subject wishes to request the erasure of personal data stored by Upgraded Humans, they may contact an employee of the controller at any time. The employee of Upgraded Humans will ensure that the erasure request is complied with immediately.

If the personal data has been made public by Upgraded Humans and our company is obliged to erase personal data pursuant to Article 17(1) GDPR, Upgraded Humans, taking available technology and implementation costs into account, shall take reasonable steps, including technical measures, to inform other controllers processing the published personal data that the data subject has requested the deletion of all links to such personal data or copies or replications of such personal data, insofar as processing is not necessary. The employee of Upgraded Humans will take necessary action in individual cases.

e) Right to Restriction of Processing
Every data subject affected by the processing of personal data has the right granted by the European legislator to request that the controller restrict processing if one of the following conditions is met:

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, the data subject opposes the erasure of personal data and requests instead the restriction of its use.
The controller no longer needs the personal data for the purposes of processing, but the data subject requires it for the establishment, exercise, or defense of legal claims.
The data subject has objected to processing pursuant to Article 21(1) GDPR and it has not yet been determined whether the legitimate grounds of the controller override those of the data subject.

If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored by Upgraded Humans, they may contact an employee of the controller at any time. The employee of Upgraded Humans will ensure that the restriction of processing is implemented.

f) Right to Data Portability
Every data subject affected by the processing of personal data has the right granted by the European legislator to receive the personal data concerning them, which was provided by the data subject to a controller, in a structured, commonly used, and machine-readable format. They also have the right to transmit this data to another controller without hindrance from the original controller, provided that processing is based on consent pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR or on a contract pursuant to Article 6(1)(b) GDPR and processing is carried out by automated means, unless processing is 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, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and without affecting the rights and freedoms of others.

To exercise the right to data portability, the data subject may contact an employee of Upgraded Humans at any time.

g) Right to Object
Every data subject has the right to object, on grounds relating to their particular situation, at any time to processing of personal data concerning them based on Article 6(1)(e) or (f) GDPR, including profiling based on those provisions.

Upgraded Humans shall no longer process personal data unless compelling legitimate grounds for the processing override the interests, rights, and freedoms of the data subject or processing is for the establishment, exercise, or defense of legal claims.

To exercise the right to object, the data subject may contact any employee of Upgraded Humans at any time.

h) Automated Individual Decision-Making, Including Profiling
Every data subject affected by the processing of personal data has the right granted by the European legislator not to be subject to a decision based solely on automated processing—including profiling—that produces legal effects concerning them or similarly significantly affects them, provided that the decision (1) is not necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is not authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the rights and freedoms and legitimate interests of the data subject, 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 the controller, or (2) is based on the data subject's explicit consent, Upgraded Humans shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, which include at least the right to obtain human intervention on the part of the controller, to express their point of view, and to contest the decision.

If the data subject wishes to exercise rights concerning automated decision-making, they may contact an employee of the controller at any time.

i) Right to Withdraw Data Protection Consent
Every data subject affected by the processing of personal data has the right granted by the European legislator to withdraw their consent to the processing of personal data at any time.

If the data subject wishes to exercise their right to withdraw consent, they may contact an employee of the controller at any time.

13. Privacy Policy on the Use and Application of Fotolia Images

The data controller has integrated components of the company Fotolia on this website. Fotolia is an American image agency. An image agency is a company that offers images and other visual material on the market. Image agencies typically market photographs, illustrations, and video footage. Various customers, particularly website operators, editorial teams of print and TV media, and advertising agencies, license the images they use through an image agency.

The operating company of Fotolia components is Fotolia LLC, 345 Park Ave, San Jose, CA 95110, USA.

Fotolia allows for the embedding of stock images (possibly free of charge). Embedding refers to the integration of specific external content, such as text, video, or image data, provided by an external website and then appearing on one's own website. To enable embedding, an embedding code is used. This is an HTML code that a website operator integrates into a website. If an embedding code is integrated by a website operator, the external content of the other website is automatically displayed when a website is visited. The external content is loaded directly from the other website for display. Fotolia provides further information on embedding content at https://www.fotolia.com/Info/Agreements/PrivacyPolicy.

Through the technical implementation of the embedding code that enables the display of Fotolia images, the IP address of the data subject’s internet connection accessing our website is transmitted to Fotolia. Furthermore, Fotolia collects our website, the browser type used, browser language, time, and duration of access. In addition, Fotolia may collect navigation information, including details of which subpages the data subject visited and which links were clicked, as well as other interactions performed while visiting our website. These data may be stored and analyzed by Fotolia.

Further information and the applicable privacy policy of Fotolia can be accessed at https://www.fotolia.com/Info/Agreements/PrivacyPolicy.

14. Privacy Policy on the Use and Application of Google AdSense

The data controller has integrated Google AdSense on this website. Google AdSense is an online service that facilitates the placement of advertising on third-party websites. Google AdSense is based on an algorithm that selects ads displayed on third-party sites based on their content. Google AdSense enables interest-based targeting of internet users, which is implemented through the generation of individual user profiles.

The operating company of the Google AdSense component is Alphabet Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

The purpose of the Google AdSense component is the integration of advertisements on our website. Google AdSense places a cookie on the data subject’s information technology system. The placement of cookies has been explained earlier. By setting the cookie, Alphabet Inc. is enabled to analyze the usage of our website. Each time one of the pages of our website, which is operated by the data controller and on which a Google AdSense component has been integrated, is accessed, the internet browser on the data subject’s information technology system automatically transmits data for the purpose of online advertising and commission settlement to Alphabet Inc. Through this technical procedure, Alphabet Inc. gains knowledge of personal data, such as the data subject’s IP address, which serves, among other things, to track the origin of visitors and clicks and subsequently enable commission settlements.

The data subject can prevent the setting of cookies by our website, as described above, at any time by adjusting their internet browser settings and thus permanently object to the setting of cookies. Such a setting in the internet browser used would also prevent Alphabet Inc. from setting a cookie on the data subject’s information technology system. Additionally, cookies already set by Alphabet Inc. can be deleted at any time via the internet browser or other software programs.

Google AdSense also uses tracking pixels. A tracking pixel is a miniature graphic embedded in web pages to enable log file recording and log file analysis, which allows for statistical evaluation. Based on the embedded tracking pixel, Alphabet Inc. can determine whether and when a website was opened by a data subject and which links were clicked by the data subject. Tracking pixels serve, among other things, to analyze visitor traffic on a website.

Personal data and information, including the IP address, which is necessary for the collection and billing of displayed advertisements, is transmitted to Alphabet Inc. in the United States of America through Google AdSense. These personal data are stored and processed in the United States. Alphabet Inc. may share these personal data collected through the technical process with third parties.

Further information and the applicable privacy policy of Google can be found at https://www.google.de/intl/en/policies/privacy/.

This document continues with sections on Google Analytics, Google+, Google AdWords, Instagram, LinkedIn, Twitter, YouTube, PayPal, Stripe, legal processing bases, retention periods, and automated decision-making policies, among others. Let me know if you would like a full translation of all remaining sections or if specific sections should be prioritized.