Privacy and cookies policy

1.  Introduction

We are committed to safeguarding the privacy of our website visitors, subscribers, customers, and service users.

This policy applies where we are acting as a data controller with respect to the personal data of our website visitors, subscribers, customers, and service users; in other words, where we determine the purposes and means of the processing of that personal data.

By using our website and agreeing to this policy, you consent to our use of our necessary cookies in accordance with the terms of this policy. We will ask you to consent to our use of the remaining cookies in accordance with the terms of this policy when you first visit our website.

In this policy, "we", "us", and "our" refer to Upbias GmbH (owner and operator of upbias.com). For more information about us, see Section 19.

2.  How we use your personal data

Data we may collect directly from you

Account data

  • We may process your account data ("account data").
  • The account data may include your name and email address.
  • The source of the account data is you.
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    The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you.
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    The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business, and the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

Service data

  • We may process your personal data that are provided in the course of the use of our services ("service data").
  • The service data may include your name and email address.
  • The source of the service data is you.
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    The service data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you.
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    The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business, and the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

Publication data

  • We may process information that you post for publication on our website or through our services ("publication data").
  • The publication data may include your name, email address, website, the comment contents you submitted to us while posting a comment at our blog, and your feedback and/or testimonials about our site or services.
  • The source of the publication data is you. See our terms, Sections 13 and 14 in particular.
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    The publication data may be processed for the purposes of enabling such publication, administering our website and services, and marketing activities.
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    The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.

Inquiry data

  • We may process information contained in any inquiry you submit to us regarding goods and/or services ("inquiry data").
  • The inquiry data may include your name, email address, and any other information you decide to submit with your inquiry.
  • The source of the inquiry data is you.
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    The inquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you.
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    The legal basis for this processing is consent. When you submit your inquiry you are giving us your consent.

Customer relationship data

  • We may process information relating to our customer relationships, including customer contact information ("customer relationship data").
  • The customer relationship data may include your name, your employer, your job title or role, your contact details, and information contained in communications between us and you or your employer.
  • The source of the customer relationship data is you or your employer.
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    The customer relationship data may be processed for the purposes of managing our relationships with customers, communicating with customers, keeping records of those communications and promoting our products and services to customers.
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    The legal basis for this processing is our legitimate interests, namely the proper management of our customer relationships.

Notification data

  • We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters ("notification data").
  • The notification data may include your name and email address.
  • The source of the notification data is you.
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    The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters.
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    The legal basis for this processing is consent. You give us your consent by subscribing to our email notifications and/or newsletter.

Correspondence data

  • We may process information contained in or relating to any communication that you send to us ("correspondence data").
  • The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms.
  • The source of the correspondence data is you.
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    The correspondence data may be processed for the purposes of communicating with you and record-keeping.
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    The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.

Data we may collect automatically

Site usage data

  • We may process data about your use of our website and services ("site usage data") for statistics purposes.
  • The site usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use.
  • The source of the site usage data is Google Analytics, using IP anonymization and forcing the Secure Sockets Layer (SSL) protocol.
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    This site usage data may be processed for the purposes of analyzing the use of the website and services.
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    The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services. Note that we need your consent to use the Google Analytics cookies. You may give us (or revoke) your consent to store these cookies by enabling (or disabling) the statistics cookies checkbox using our cookie settings. Therefore, if you do not give us consent to store the statistics cookies, the site usage data will not be collected.

Anonymous aggregated site usage data

  • We may anonymize your site usage data and aggregated into our "anonymous aggregated site usage data". Note that such anonymous data is not "personal data" (it cannot identify you or be used to identify you). We list it here for completeness. 
  • The site usage data may include the city and country of access, date and time of access, browser type and version, operating system, referral source, and page views.
  • The source of the aggregated site usage data is our internal analytics system.
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    This aggregated site usage data may be processed for the purposes of analyzing the use of the website and services.
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    The legal basis for this processing is our legitimate business interests, namely monitoring and improving our website and services.

Email usage data

  • We may, through MailChimp and Mailjet (our email service providers), process data about our interaction by email with you ("email usage data").
  • The email usage data may include your IP address, geographical location, browser type, operating system, dates and times you access emails, metrics related to the deliverability of emails, as well as information about the timing, frequency and pattern of your service use.
  • The source of the email usage data is MailChimp analytics system (see https://mailchimp.com/legal/privacy) and and Mailjet.
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    This email usage data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, and analyzing the use of our services.
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    The legal basis for this processing is our legitimate business interests, namely monitoring and improving our website and services.

Additional data we may process

We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.

We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.

In addition to the specific purposes for which we may process your personal data set out in this Section 2, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

Please do not supply any other person's personal data to us, unless we prompt you to do so.

3.  Automated decision-making

We are not planning to use your personal data for the purposes of automated decision-making.

4.  Providing your personal data to others

We may disclose your personal data to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.

We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

We may disclose your service data to our email service providers, MailChimp (mailchimp.com) and Mailjet (mailjet.com), insofar as reasonably necessary for providing the services you subscribed and to communicate with you.

Financial transactions relating to our website and services may be handled by our payment services providers, Gumroad (gumroad.com), SendOwl (sendowl.com), Stripe (stripe.com) and PayPal (paypal.com). We may share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers' privacy policies and practices at gumroad.com/privacy, sendowl.com/privacy, stripe.com/ch/privacy and paypal.com/us/webapps/mpp/ua/privacy-full.

In addition to the specific disclosures of personal data set out in this Section 4, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

5.  International transfers of your personal data

In this Section 5, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).

We and our other group companies have offices and facilities in Switzerland. The European Commission has made an "adequacy decision" with respect to the data protection laws of each of these countries. Transfers to each of these countries will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission. See https://edps.europa.eu/data-protection/data-protection/reference-library/international-transfers_en and https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en.

The hosting facilities for our website are situated in the USA. The European Commission has made an "adequacy decision" with respect to the data protection laws of each of these countries. Transfers to each of these countries will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission. See https://edps.europa.eu/data-protection/data-protection/reference-library/international-transfers_en and https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en.

Our email service provider, MailChimp, is situated in the USA. The European Commission has made an "adequacy decision" with respect to the data protection laws of each of these countries. Transfers to each of these countries will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission. See https://edps.europa.eu/data-protection/data-protection/reference-library/international-transfers_en and https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en.

Our backend servers are situated in Belgium.

Our Cloud service provider, Google, is situated in the USA. Google have gained confirmation of compliance from European Data Protection Authorities for our model contract clauses, affirming that our current contractual commitments for Google Cloud Platform fully meet the requirements under the Data Protection Directive to legally frame transfers of personal data from the EU to the rest of the world. See https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI.

You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.

6.  Retaining and deleting personal data

This Section 6 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.

Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

Notwithstanding the other provisions of this Section 6, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

7.  Security of personal data

We will take appropriate technical and organizational precautions to secure your personal data and to prevent the loss, misuse or alteration of your personal data.

We will store all your personal data on secure servers, personal computers and mobile devices, and in secure manual record-keeping systems.

The following personal data will be stored by us in encrypted form: your name, contact information, password(s) and cardholder data.

Data relating to your inquiries and financial transactions that is sent from your web browser to our web server, or from our web server to your web browser, will be protected using encryption technology.

You acknowledge that the transmission of unencrypted (or inadequately encrypted) data over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

You should ensure that your password is not susceptible to being guessed, whether by a person or a computer program. You are responsible for keeping the password you use for accessing our website confidential and we will not ask you for your password (except when you log in to our website).

8.  Amendments

We may update this policy from time to time by publishing a new version on our website.

You should check this page occasionally to ensure you are happy with any changes to this policy.

We may notify you of changes to this policy by email.

9.  Your rights

In this Section 9, we have summarized the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.

Your principal rights under data protection law are:

Right to access

You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.

Right to rectification

You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.

Right to erasure

In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defense of legal claims.

Right to restrict processing

In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defense of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defense of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

Right to object to processing

You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defense of legal claims.

You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.

You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

Right to data portability

To the extent that the legal basis for our processing of your personal data is:

  • consent; or
  • that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract,

and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.

Right to complain to a supervisory authority

If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.

Right to withdraw consent

To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

You may exercise any of your rights in relation to your personal data by written notice to us, in addition to the other methods specified in this Section 9.

10.  Third party websites

Our website may include hyperlinks to, and details of, third party websites.

We have no control over, and are not responsible for, the privacy policies and practices of third parties.

11.  Personal data of children

Our website and services are targeted at persons over the age of 18.

If we have reason to believe that we hold personal data of a person under that age in our databases, we will delete that personal data.

12.  Updating information

Please let us know if the personal information that we hold about you needs to be corrected or updated.

13.  Tracking technologies

MailChimp and Mailjet, our email service providers, may employ the use of unique identifiers, web beacons and similar tracking technologies (for example, to see if an email was opened or if a link inside an email was clicked). Please read MailChimp’s policy at https://mailchimp.com/legal/cookies/.

We may, through MailChimp and Mailjet, use its tracking technologies to check if you are interacting with our emails (email opens and link clicks). The reason is to be able to stop sending you emails if you are not interested in receiving them anymore. We assume that you are not interested in receiving our emails if you stop interacting with them. In this case, we may stop sending you further emails.

14.  About cookies

A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

15.  Cookies that we use

We use cookies for the following purposes:

  • cookie consent - we use cookies to store your consent in relation to the use of cookies more generally (cookies used for this purpose are: CookieConsent and wordpress_test_cookie);
  • authentication - we use cookies to identify you when you visit our website and as you navigate our website (cookies used for this purpose are: JSESSIONID);
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    operation - we use cookies to help manage our website (cookies used for this purpose are: tlf_3 and tve_secret);
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    statistics - we use cookies to help us to analyse the use and performance of our website and services (cookies used for this purpose are: _ga, _gid and _gat); and
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    marketing - we use cookies to help us to display advertisements that will be relevant to you (cookies used for this purpose are: collect, IDE, test_cookie, 1P_JAR, CONSENT, NID, GPS, PREF, VISITOR_INFO1_LIVE, YSC and remote_sid).

16.  Cookies used by our service providers

Our service providers use cookies and those cookies may be stored on your computer when you visit our website.

We use Google Analytics to analyse the use of our website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google's privacy policy is available at: https://www.google.com/policies/privacy/. The relevant cookies are: _ga, _gid and _gat.

We may publish Google AdSense interest-based advertisements on our website. These are tailored by Google to reflect your interests. To determine your interests, Google will track your behavior on our website and on other websites across the web using cookies. You can view, delete or add interest categories associated with your browser by visiting: https://adssettings.google.com. You can also opt out of the AdSense partner network cookie using those settings or using the Network Advertising Initiative's multi-cookie opt-out mechanism at: http://optout.networkadvertising.org. However, these opt-out mechanisms themselves use cookies, and if you clear the cookies from your browser your opt-out will not be maintained. To ensure that an opt-out is maintained in respect of a particular browser, you may wish to consider using the Google browser plug-ins available at: https://support.google.com/ads/answer/7395996.

17.  Managing Cookies

Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:

Blocking all cookies will have a negative impact upon the usability of many websites.

If you block cookies, you will not be able to use all the features on our website.

If you want, you can block third party cookies (via your browser settings). Our website will still work in this case.

18.  Cookie preferences

You can manage your preferences relating to the use of cookies on our website by clicking on the cookie settings link at the bottom of each page, or by visiting: https://www.upbias.com/cookie-declaration.

19.  Our Details

This website is owned and operated by Upbias GmbH.

We are registered in Switzerland under registration number CH-020.4.063.816-0.

Our postal address is Postfach 424, CH-8303 Bassersdorf, Switzerland.

You can contact us:

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    by post, to the postal address given above;
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    using our website contact form; or
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    by email, using support@upbias.com

20.  Data officer

Our data protection officer's contact details are: Ricardo Ribeiro (admin @ upbias.com).

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