Privacy policy

In this Privacy Policy we explain how we process your personal data when you browse the UPTAK website, join the community, participate in the founding drop, make a purchase, request information or interact with us through any channel linked to the website.

We may process the following categories of personal data, depending on your relationship with UPTAK and the use you make of the website:

Identifying and contact data:

- Name and surname.

- Email address.

- Telephone.

Purchase, delivery and billing data:

- Country or region.

- Postal address.

- Apartment, house or other complementary shipping information.

- Postal code, city and province or state.

- Information related to the order, reservation, presale, delivery, incidents, returns or after-sales service.

- Billing address, where applicable.

Payment-related data:

When you make a purchase, the payment process may involve the collection and processing of data associated with the selected means of payment. Such data is processed through the checkout environment and the payment providers integrated into the platform.

UPTAK does not necessarily access the full card data when processing is carried out directly by the payment provider or by the secure checkout infrastructure.

Community, newsletter and communications data:

- Email address.

- Type of profile or category selected by the user, for example: individual, festival/venue, brand, institution or press.

- Preferences or interests expressed by the user.

- Consents given and proof of their acceptance.

Browsing and website use data:

- IP address.

- Online identifiers.

- Technical information of the device or browser.

- Access, security and website operation logs.

- Information obtained through cookies or similar technologies, in accordance with the Cookies Policy.

In general, we obtain personal data:

- Directly from you, when you complete forms, join the community, subscribe to news, participate in the founding drop or make a purchase.

- During the purchase, delivery, customer service or after-sales process.

- Through technology or payment providers involved in the operation, when this is necessary to manage the transaction, prevent fraud, address incidents or evidence the status of the order.

4.1. Managing your browsing, access and security of the website

We process certain technical and browsing data to allow access to the website, maintain its security, prevent improper use, detect technical errors and protect the integrity of the platform.

Legal basis: Legitimate interest - security, stability and proper functioning.

4.2. Managing your participation in the founding drop, reservations, presales and purchases

We process your data to handle reservations, orders, presales, purchases, payments, confirmations, incidents, returns, customer service and any action necessary to perform the contractual relationship with you.

Legal basis: Performance of a contract or pre-contractual measures.

4.3. Managing shipping, logistics and delivery of the order

We process the data necessary to coordinate the preparation, shipment, tracking and delivery of the purchased products.

Legal basis: Performance of the contract.

4.4. Managing legal obligations linked to commercial activity

We process certain data to comply with legal obligations in commercial, tax, accounting, consumer, claims handling and other applicable legal obligations.

Legal basis: Compliance with legal obligations.

4.5. Sending you commercial communications, news and offers

If you tick the corresponding box or subscribe through any of the forms available on the website, we will process your data to send you information about news, launches, community, founding drop, products, campaigns, contents or commercial communications related to UPTAK.

Legal basis: Consent of the data subject.

4.6. Managing your incorporation into the UPTAK community

If you complete forms such as "stay in the loop", "join the movement" or equivalent, we will process your data to register you in our community, maintain contact with you, send you information related to the project and segment communication according to the category or profile you have selected.

Legal basis: Consent of the data subject.

4.7. Handling queries, requests or incidents

If you contact us by email or through other available channels, we will process your data to handle the query, respond to you and carry out the necessary follow-up.

Legal basis: Legitimate interest - handling communications and contractual relationship.

4.8. Preventing fraud, improper use and protecting UPTAK's legal position

We may process data to prevent fraudulent transactions, unlawful uses of the site, unauthorized access, claims or disputes, as well as to formulate, exercise or defend claims.

Legal basis: Legitimate interest and compliance with legal obligations.

The data requested on forms or during purchase processes marked as mandatory, or that are necessary by their nature to provide the service or process the order, are essential to properly manage the relationship with you.

If you do not provide such data, it is possible that we may not be able to process your purchase or presale, manage the delivery, register you in the community or newsletter, respond properly to your request or provide certain services of the website.

Data requested on an optional basis is not necessary for the corresponding main purpose.

Your data may be communicated or accessible, to the extent necessary for each purpose, to the following third parties:

Technology and infrastructure providers: We may rely on providers that provide us with hosting services, ecommerce platform, maintenance, technical support, security, website management and other technological functions.

Shopify: The website and checkout are supported by Shopify infrastructure. Consequently, certain data may be processed by Shopify to the extent necessary to provide the platform, manage the purchase process, checkout, security, transactional environment and associated services.

Payment providers: When you choose a payment method, payment service providers integrated into the checkout may intervene. Depending on the method selected, this may include card processing, accelerated payment services or financing or deferred payment solutions, such as those active on the platform at any given time.

Mailchimp: If you subscribe to the newsletter, community or other forms, your data may be processed through Mailchimp as an email marketing and list management tool.

Logistics and transport providers: In the case of purchase or shipment of a product, we may communicate the strictly necessary data to the transport or logistics company involved in the preparation, shipment and delivery of the order.

Public authorities, judges, courts and competent authorities: When there is a legal obligation or when necessary to address valid requirements, prevent fraud or defend our rights and interests.

Other strictly necessary third parties: Any other third party whose intervention is necessary for the proper provision of the service, legal compliance or performance of the contractual relationship, always within the limits provided by applicable regulations.

When a third party acts on behalf of UPTAK, we will require the corresponding data processing agreement or equivalent instrument, in accordance with applicable regulations.

Given that UPTAK operates online and markets its products internationally, and given that some of the technological or marketing providers used may have infrastructure or sub-processors located outside the European Economic Area, some processing may involve international data transfers.

In such cases, UPTAK shall adopt the appropriate safeguards required by applicable regulations, relying, where appropriate, on European Commission adequacy decisions, standard contractual clauses or any other valid mechanism in accordance with the GDPR.

You can request more information on the applicable safeguards by writing to hello@uptak.com.

We will retain your personal data only for the time necessary to fulfil the purpose for which it was collected and, subsequently, for the legal periods that may be required or as long as responsibilities related to the processing may arise.

In general, we will apply the following criteria:

- Purchase, presale, order, billing and after-sales data: retained for the time necessary to manage the contractual relationship and, subsequently, duly blocked where appropriate, during the legal retention and prescription periods for liabilities.

- Newsletter, community and commercial communications data: retained as long as you maintain your consent and do not request unsubscription, objection or deletion, or as long as it is still necessary for the specific purpose for which it was collected.

- Queries or incidents data: retained for the time necessary to address the request and follow up on it and, subsequently, for the time necessary to address possible liabilities arising from such management.

- Technical, security or log data: retained for the time strictly necessary to ensure the security of the website, investigate incidents or evidence the compliance and operation of the systems.

In general, UPTAK does not adopt decisions based solely on automated processing that produce legal effects on the user or significantly affect him/her in a similar way.

Where applicable, we may use basic commercial classification or segmentation criteria based on the information voluntarily provided by the user, for example, the type of profile selected in community or acquisition forms. This segmentation aims to better adapt communications and does not, by itself, produce significant legal effects.

You may exercise the following rights at any time:

- Access: To know what data we process about you.

- Rectification: To request the modification of inaccurate or incomplete data.

- Erasure: To request the deletion of your data where appropriate.

- Objection: To object to certain processing operations.

- Restriction of processing: To request that we temporarily suspend certain uses of your data.

- Portability: To receive your data in a structured format when legally appropriate.

- Withdrawal of consent: To withdraw at any time the consent given.

To exercise your rights you can write to hello@uptak.com.

In your request you must identify yourself sufficiently and clearly indicate the right you wish to exercise and, where applicable, the data or processing to which your request relates.

Likewise, if you consider that the processing of your data does not comply with the regulations, you may lodge a complaint with the Spanish Data Protection Agency (AEPD).

UPTAK applies reasonable and appropriate technical and organisational measures to protect personal data against loss, alteration, unauthorised access, disclosure or destruction, taking into account the nature of the data, the risks of the processing and the state of the art.

However, no platform is completely invulnerable, so absolute security cannot be guaranteed.

The website may use its own and third-party cookies, as well as other similar technologies, for technical and, where applicable, analytical, personalisation or advertising purposes.

Specific information about such technologies, including their purposes, retention, management and configuration, is provided in the Cookies Policy.

In the event that analytics, measurement or behavioural advertising tools are incorporated, the corresponding information shall be supplemented and updated in the Cookies Policy and, where appropriate, also in this Privacy Policy.

UPTAK may maintain a presence on social media or integrate access to third-party services or platforms. Interaction with such environments shall also be governed by the policies and conditions of each provider.

UPTAK is not responsible for the privacy policies of third parties that are not under its control, without prejudice to providing the necessary information when required by regulations.

UPTAK may modify or update this Privacy Policy when necessary to adapt it to regulatory changes, criteria of supervisory authorities, functionalities of the website, new processing activities or new providers.

If the changes are significant, users shall be informed by reasonable means through the website itself or through other appropriate channels.

If you have any questions about this Privacy Policy or about the processing of your personal data, you can write to us at: hello@uptak.com

COOKIES INDEX

1. Purpose and regulatory framework

2. What are cookies?

3. What types of cookies may this website use?

4. Which cookies require consent and which are exempted?

5. How does UPTAK obtain consent?

6. How can the user accept, reject, configure or withdraw cookies?

7. Deactivation or deletion from the browser

8. Third-party cookies and international transfers

9. Retention of user's choice and updating of consent

10. Processing of personal data and exercise of rights

11. Modification of this Cookies Policy

12. Contact (Cookies)

13. Annex - Technical inventory of cookies

COOKIES POLICY

In compliance with Article 22.2 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSI), and in accordance with Regulation (EU) 2016/679 (GDPR), this Cookies Policy clearly and comprehensively informs about the use of cookies and similar technologies on the UPTAK website.

This policy is designed as a second information layer. Its purpose is to explain which cookies may be used on the website, for what purposes, how they can be accepted, rejected or configured, and how to subsequently withdraw the consent given.

This Cookies Policy governs the use of cookies and similar technologies on the UPTAK website, owned by DISRUPTIVE TEMPLE, S.L.

The processing of information obtained through cookies is governed, primarily, by:

- article 22.2 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce;

- Regulation (EU) 2016/679, General Data Protection Regulation, when the information associated with cookies is considered personal data;

- Organic Law 3/2018, on the protection of personal data and the guarantee of digital rights; and

- the Guide on the use of cookies published by the Spanish Data Protection Agency (AEPD), in its updated version of May 2024.

Cookies are data storage and retrieval devices that are downloaded onto the user's terminal equipment when accessing a web page. They make it possible to store and retrieve information about the browsing of a user or of his/her device, and may be used for technical, personalisation, analysis or advertising purposes, among others.

Under this policy, the reference to "cookies" also includes other similar storage or tracking technologies that may fulfil equivalent functions, provided they are subject to the same legal regime.

The website may use, depending on its technical configuration and the integrations active at any given time, the categories of cookies and similar technologies indicated below. The final inventory must be validated by the development team prior to publication.

18.1. According to the entity that manages them

- First-party cookies: are those sent to the user's terminal equipment from equipment or a domain managed by UPTAK and from which the requested service is provided.

- Third-party cookies: are those sent to the user's terminal equipment from equipment or a domain not directly managed by UPTAK, but by another entity that processes the data obtained through such cookies.

18.2. According to the period of time they remain active

- Session cookies: collect and store data while the user accesses the website and disappear at the end of the session.

- Persistent cookies: remain stored on the terminal for a certain period of time and can be accessed and processed during that period.

18.3. According to their purpose

- Technical or necessary cookies: allow browsing, the basic operation of the website, the use of forms, session management, security, prevention of fraudulent use, the cart, the checkout process and other functionalities essential to provide the requested service.

- Preference or personalisation cookies: allow certain user options to be remembered, for example language, country or certain presentation characteristics. In certain cases, they may be exempted from consent when they respond to an express request by the user.

- Analysis or measurement cookies: allow the number of users to be quantified, browsing to be analysed and the use of the website to be measured in order to introduce improvements in the experience, performance and content.

- Behavioural advertising or marketing cookies: store information on user behaviour obtained through continuous observation of their browsing habits, which allows profiles to be developed and personalised advertising to be displayed.

- Social media or third-party content cookies: may be activated when the website incorporates social buttons, embedded content, external services or third-party integrations that install their own cookies.

In general, technical or strictly necessary cookies to provide the service requested by the user do not require prior consent, without prejudice to the duty to inform of their use.

On the contrary, analysis, measurement, non-exempt personalisation, behavioural advertising or any other cookies not essential for the provision of the service require the user's prior consent before their installation or use.

When the same cookie has several purposes and any of them is not exempted, that cookie may only be used with respect to the consented purposes, or it must not be activated if the system does not allow such purposes to be technically separated.

UPTAK has implemented a layered cookie information and management system that allows the user to decide freely and informedly on the use of non-exempt cookies.

The first layer or banner is displayed visibly before the use of non-exempt cookies and offers, at a minimum:

- an option to accept all cookies;

- an option to reject all non-exempt cookies; and

- an option to configure or select cookies by purpose.

The option to reject is offered at the same time, at the same level and with the same visibility as the option to accept. The mere inactivity of the user or the fact of continuing to browse does not constitute valid consent.

Information on cookies appears separated from other matters, such as terms of use or privacy policy, without mixing consents or unduly conditioning the user's choice.

The user may manage their preferences through the cookie configuration system enabled by UPTAK in the first information layer and, additionally, through the permanent access to the "Cookies" or "Configure cookies" link available on the website.

In particular, the user may:

- accept all non-exempt cookies;

- reject all non-exempt cookies;

- accept or reject cookies by category or purpose, provided the technical system implemented allows it; and

- withdraw at any time the consent previously given.

The withdrawal of consent must be as simple as its granting. The revocation shall not affect the lawfulness of the processing based on the consent given prior to its withdrawal.

In addition to the configuration system enabled on the website, the user may allow, block or delete cookies from the settings of their browser or device. It should be noted that the deactivation of certain technical or necessary cookies may affect the correct functioning of the website, the cart, the checkout process or other essential functionalities.

Since browsers are updated frequently, the exact management method will depend on the version used. Where applicable, the user may consult the official help of their browser or device.

The UPTAK website uses Shopify technological infrastructure and may incorporate, depending on the functionalities active at any given time, third-party services such as newsletter tools, analytics, measurement, social media, embedded content, accelerated payment or payment providers.

Consequently, certain cookies may be managed by third parties external to UPTAK. In such cases, UPTAK will inform in the technical inventory of the identity of the third party, the purpose of the cookie, its duration and, where appropriate, the existence of international data transfers or the referral to the policy of the corresponding third party.

When the user accesses the checkout environment or integrated services provided by third parties, cookies necessary for transactional operation, fraud prevention, authentication, security or payment execution may be activated. Where applicable, the cookies associated with the Shopify, Shopify Payments, Shop, Google Pay, Klarna or other integrated providers environment must be technically identified before publication.

UPTAK shall retain the selection made by the user regarding their cookie preferences for the time necessary to evidence the chosen option and avoid requesting consent on each visit.

As a matter of good practice and unless regulatory, technical or functional changes require a new decision by the user, the validity of the choice of cookies shall not, in general, extend beyond twenty-four months.

If the purposes of the use of cookies change, the third parties that use them, or new categories not previously informed are incorporated, UPTAK will update this policy and allow the user to adopt a new decision.

The information obtained through certain cookies may constitute personal data or allow the link with an identifiable user. In such cases, the processing shall also be subject to data protection regulations.

Additional information on the processing of personal data, legitimising bases, recipients, international transfers and exercise of rights can be consulted in the UPTAK Privacy Policy.

The user may exercise their rights in matters of data protection by writing to hello@uptak.com.

UPTAK may modify or update this Cookies Policy when necessary to adapt it to regulatory changes, criteria of supervisory authorities, technical evolution of the website, incorporation of new functionalities or changes in integrated providers.

When the changes are significant, this will be reported by reasonable means through the website itself.

If you have questions about this Cookies Policy or about the way in which UPTAK uses cookies and similar technologies, you can contact us at hello@uptak.com.

Category:

- Necessary / technical

- Statistical / analytics

- Advertising / Marketing