Privacy Informations

PRIVACY POLICY

This information note is issued by UpCommerce S.p.a., having its registered office in Foggia Via di Motta della Regina 6, as Data Controller, and describes the procedures for collecting and using the user’s personal data in accordance with Italian law and in particular of Legislative Decree n. 196/2003 (Privacy Code).

All treatment of personal data will be carried out in accordance with the principles of necessity, correctness, legality, proportionality and transparency. Where necessary, in relation to any specific use or treatment of Personal Data, the user’s prior written consent will be requested.

a) Purpose of data processing

The processing of personal data is directed to provide services required by the customer and to execute the related contractual obligations (which includes the purchase of online services, the customer service management, the control and analysis of reports, complaints and disputes, the execution of pre-contract activities, the enforcement of contractual obligations and administrative and accounting provisions) and, by specific non-mandatory consent for the provision of the service, for the following purposes:

  • for promotional, advertising or commercial purposes (including newsletters and advertising material on services offered by UpCommerce).

Information and data marked with an asterisk are required in order to proceed with the requested services. If you don’t provide the above mentioned data and information, UpCommerce will not be able to perform user requests.

Customer service activities shall be performed by the Data Controller. The processing can be performed by manual or electronic means.

Social buttons and widgets

Zakeke.com integrates social button/widgets, that are those social networks icons and buttons. Such “buttons” offer users a convenient way to share online content with their friends and followers. By clicking on the Social Network button/widgets, the social network collect data about what the user is visiting on Zakeke.com. Apart from the case in which the user shares his web browsing data with the selected social network on his own accord, Zakeke.com shall not share or disseminate any user’s information or web browsing data.

Social login

Zakeke.com uses plug-ins that allow the user to use the social network access credential in order to log in and make use of the services offered by Zakeke.com. In this regard, user shall refer to the social media privacy policy.

b) Nature of the provision of the personal data of users

The provision of personal data and the consent for its use, when required, are strictly necessary for the above mentioned purposes and services. The refusal to provide us with some of the required Personal Data may consequently prevent us from performing the above mentioned services.

c) Communication of your personal data

Your personal data may be disclosed to persons responsible for data treatment whose lit is available at the Data Controller’s main office.

After having received your express consent, your personal data may be disclosed to third parties for performing activities or services linked or related to the above mentioned services and activities.

d) Payments

For a more secure and efficient international management of subscriptions and recurring payments to the services offered on the site Zakeke.com, UpCommerce uses the online service ChargeBee (https://www.chargebee.com/). The collection of data by ChargeBee is solely aimed at the management of the service and is governed by the policy available at https://www.chargebee.com/privacy.html.

e) Cookies

The use of cookies (which are not permanently stored on the user’s computer and disappear when the browser is closed) is strictly limited to the transmission of session identifiers (consisting of random numbers generated by the server) necessary to enable a safe and efficient website and its applications.

Cookies used in Zakeke.com prevent the use of technologies that could compromise the privacy of the users and that don’t allow the acquisition of personal identification data.

Zakeke.com uses specific system to analyze user’s browsing experience to produce statistics on visits or to improve the content offered, to display similar products or to place targeted advertising on web pages. The system used is Google Analytics, which is a web analytics service provided by Google Inc. (“Google”). Google Analytics, like other systems, uses “cookies” which are text files that are stored on your computer to help the website to analyze how users use the website. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on their servers located in the United States. Google will use this information for the purpose of tracking and evaluating the use of the website, drafting reports about the website activities and providing other services related to the user of the Internet. Google is only allowed to provide this information to third parties if Google has a statutory obligation to do so or to the extent that these third parties are processing the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. . The user can in any case refuse the use of cookies by configuring and customizing cookies setting in your browser.

By using Zakeke.com website, you consent to the processing of data obtained about you by Google in the manner described above and for the aforementioned purpose.

Permanent Cookies

Permanent cookies: they remain on the device even after you leave the website and until you delete them or until they reach their expiration date. Zakeke.com creates this type of cookies and store them on your device in order to recognize you on your next visit. These cookies also allow us to remember what preferences you may have set on our website (eg. wish list).

Disable or block Cookies

Most internet browsers are initially set up to automatically accept cookies. You can also change the settings to block cookies or to alert you when cookies are being sent to your device At the end of each browsing session you can delete the collected cookies from the hard drive of your device. If you want to delete the installed cookies, please note that each browser has different procedures to manage settings.

Click on one of the links below to go directly to your browser manual:

Click on the link below for more information about cookies used by Google Analytics: https://tools.google.com/dlpage/gaoptout/

For more information about cookies click on the link below: http://www.allaboutcookies.org

For more information about behavioral advertising and online privacy please click here: http://www.youronlinechoices.com

For more information about Google Analytics click on the link below: https://www.google.com/intl/it_ALL/analytics/learn/privacy.html

For more information about Criteo cookies used in our website please click here: http://www.criteo.com/en/privacy-policy

f) Art. 7 Right to access to personal data and other rights

  1. The party concerned has the right to get the confirmation of the existence or non-existence of personal data concerning him/herself, also in case they were not yet recorded, and that their transmission is intelligible.
  2. The party concerned has the right to get information:
    • on the source and content of his personal data;
    • on the purposes and procedures of treatment;
    • on the logic applied in case of treatment carried out with the support of electronic instruments;
    • on the essential identity data of the owner, of the people in charge and of the delegate appointed according to the article 5, comma 2;
    • on the identity the subjects and categories of subjects who personal data can be transmitted to or who could become acquainted with them as appointed representative in the State territory, people in charge or delegates.
  3. The party concerned has the right to obtain:
    • the updating, the amendment, or, in case of interest, the integration of his/her data;
    • the cancellation, the anonymous transformation or the blockage of the data treated in law infringement, including those for which preservation is not necessary in relation to the purposes they were collected for and afterwards treated;
    • the statement that those who have been supplied with the data have become acquainted with the operations as per above clauses, and with their content, except for the case when this execution is impossible or implies the use of means that are clearly out of proportion in comparison with the safeguarded right.
  4. The party concerned has the right to oppose, completely or in part:
    • for reasons connected to the treatment of the personal data concerning him/her, though relevant to the purpose of the collection;
    • to the treatment of personal data aiming at sending advertising material or direct sale or at the accomplishment of market or trade communication researches.

Any request concerning the exercise of your right must be sent to:

UpCommerce S.p.a. – Via di Motta della Regina 6, 71121, Foggia, Italia.

g) Data Controller

The Data controller is UpCommerce S.p.a., via di Motta della Regina 6, 71121 Foggia, e-mail privacy@UpCommerce.com. The sole manager, according to the art.29 of the Law Decree 196/03 is Mr. Matteo D’Avena, whose email address is privacy@UpCommerce.com

In order to ensure the security and confidentiality of the processed personal data, users will be required to prove their identity to exercise their right to access, modify or cancel their personal data.

Last update: 13/03/2017

AGREEMENT FOR THE PROVISION OF CUSTOMIZATION SERVICE

GIVEN THAT

  • Zakeke is a software developed and created for the web interactive product design owned and made available by UpCommerce S.p.a., a company that operates in the computer industry based in Foggia, on Via di Motta della Regina n. 6;
  • the holding company owner of the software, hereafter referred to as “the Company” intends to hand over its use, for remuneration, to third parties in “software as a service” (Saas) mode through APIs and plug-ins for all major e-commerce platforms;
  • the customer is a commercial entrepreneur who intends to implement the potential of the software in use in order to allow their end customers a satisfactory customization of products sold, valorising its e-commerce activities;
  • with this Agreement the holding Company and the Customer intend to regulate the main and most significant economic aspects regulatory of the future relationship, identifying mutual obligations, terms, quality standards, terms of payment, specifically calling, for matters not covered by a specific regulation, the standard rules, the principles of fairness and fair trading, the good industry practice.

All this being said and considered, the following is agreed and stipulated between the Parties:

1. Subject

UpCommerce S.p.a. is committed to provide the customer the use of Zakeke software, hereafter referred to as “Software”, as analytically detailed in technical description attached to this contract, for remuneration of a given price within the framework of the provisions set out below.

2. Customer’s cooperation obligations

The Customer undertakes to provide the Company with each and most appropriate collaboration in terms of the adoption of technical measures and the steps required to activate the service, and to transmit each and most appropriate information and data necessary at the time of registration of its account, and more generally to the Company so that it can go ahead with the contract.

The Customer is responsible for the data and content loaded through access to Zakeke, the legality of them, for the compliance with the requirements and rights of third parties especially regarding the protection of industrial property, copyright, trademarks and distinctive signs of a Company, privacy of individuals and groups.

The Client is also liable for the accuracy and promptness of all data and content provided in the use of Zakeke, for their accuracy, completeness and truthfulness and therefore rl can not be held liable for content transmitted and / or published by the Customer, or for any error, omission, damage occurred as a result of the data entered by the Customer, obtained, transmitted or distributed through Zakeke or generated procedures for by its mean in any way.

The customer agrees to all legal purposes to take all possible measures to ensure that no crime is made by means of Zakeke and especially that no identity is falsified, no scam or computer damage is realized, no viruses, codes, files, or otherwise referred to as programs designed to interrupt, destroy or limit the functioning of software hardware or information transmission system belonging to third parties is made available or transmitted or distributed hardware in any way, that is interrupt, manipulate computer or electronic communications or completely or partly disclose the content, and in any event contravene directly or indirectly to the sector regulations.

3. Activation of the Service

In order to activate the service, and obtain access to benefits of Zakeke and the necessary integration with the ecommerce, the hardware and software equipment is required, such as illustrated in the technical description attached to the offer.

The service is activated by the specified deadline indicated in the above technical description through the activation of an account and providing the customer with a password by means of which the Customer can access the contents of the software and receive benefits that cast it as described in this contract and technical attachment.

Subject to full compliance by the customer, of the cooperation obligations above mentioned, the password will be provided, and more generally, the service will be activated immediately after the completion of the registration procedure.

4. Integration with the ecommerce

Zakeke allows full integration with the ecommerce platform on which the customer’s store is built, for the customization of the products sold by the Customer.

The ecommerce platform is a software owned by a third party with respect to this contract, and for its use the holder company establishes, conditions and terms of use and terms that the customer knows and fully agrees to, for which the Company is not liable and to which is not subjected.

The ecommerce platform responds in full, having ensured it to the holding Company, with safety standards as shared and processed by the best science and industry knowledge, ensuring high and acceptable protection parameters from intrusions and violations and contrast to illicit activities.

The Company does not have the power to formulate policies, orders and directives to the ecommerce platform holding Company, and the Customer acknowledges that, subject to the requirement of good faith, any acts or omissions in the management of the ecommerce platform, its maintenance, its adaptation of the necessary safety and security standards, can not be ascribed to the Company, which shall not in any measure be held responsible, except for any right to the company or the person responsible.

The Company in turn guarantees that Zakeke is a software that complies with the highest standards of safety and protection, intrusion defence of the science industry, and as such, it is certified by an impartial third party. The Customer acknowledges, therefore, that the Company shall in no way be held responsible for any damages or injury arising from third party activities and that, in the light of the above standards, they could not be foreseen or prevented, without prejudice to any claim towards those responsible, and subject to the obligation of good faith.

5. Service level agreement

The standards of continuity in the service are determined by the SLA attachment provided at the conclusion of the contract, which the Customer has read and knows, and whose full compliance UpCommerce S.p.a. undertakes and binds to.

Subject to the above obligation and the standards conformity specified in the SLA, UpCommerce S.p.a. is not liable for any delay, malfunction, interruption, or loss of certain data due to force majeure or unforeseeable circumstances, interferences or interventions related to the Customer, unlawful acts by third parties, incorrect use of the software by the Customer or end user, malfunction of the terminals used by the Customer or end user, full or partial interruption of network access services not determined by the Company.

It is understood that the temporary restrictions to the usability of Zakeke resulting from maintenance, upgrade, any backup procedures that may be necessary for UpCommerce, or made on the ecommerce platform will not constitute service interruptions, except that they have a limited duration to what is strictly necessary, and will be communicated with appropriate notice to the Customer, with the exception of urgent and not deferrable programs for which UpCommerce S.p.a. will perform in any case the obligation to notify as soon as possible and in accordance with good faith.

6. Privacy and data protection

The Customer undertakes to acquire, process and manage users’ personal data pursuant to Legislative Decree no. 196/2003 in full compliance with its provisions and the rules established by the Supervisory Authority.

UpCommerce S.p.a. will have the right to process data acquired in this manner and transmitted through the customer, while respecting the principles set out by the Privacy Code, and therefore lawfully and fairly, for certain explicit and legitimate purposes, in accordance with the purposes and methods of treatment indicated in the statement.

UpCommerce S.p.a. can not be held liable in any way for any treatments and use of personal data held in violation of the standard rules and ascribable to the Customer, who declares and guarantees to all legal purposes that any data sent to UpCommerce S.p.a. was treated in full respect of the rules.

Both partners of this agreement undertake the observance of safety standards as described in Article 31 of Legislative Decree no. 196/2003. The personal data to be processed are therefore stored and controlled, even in relation to knowledge based on technical progress, on the nature of the data and the specific characteristics of the treatment, so as to minimize, by adopting suitable preventive measures, the risks of unauthorized access or not allowed treatment or not compliant with the purposes of collection, and developing the measures referred to in the technical specifications contained in Annex B) to the Privacy Code.

Any proceeds from the sale to third parties, by UpCommerce S.p.a. to any consideration, of data gathered and treated in accordance with the above provisions, will be equally divided between the partners referred to in this contract.

7. Fees, payments and subscription

For the service provided by Zakeke, The parties agree the following pricing: Zakeke Pricing Page

Zakeke services are billed on a subscription basis. This means that the customer is billed on a recurring, periodic basis (Billing cycles). The billing cycle is monthly. Subscriptions will be automatically renewed at the end of each billing cycle unless the customer cancels the subscription through the online the account management page in the Zakeke backoffice. Subscriptions may be cancelled at any time.

Both parties will have the unconditional right to terminate the collaboration, without any penalties, fees and charges, in case of bankruptcy, compulsory administrative liquidation, confiscation or seizure of the share capital of the company or of any of them.

Given the professional nature of the parties, the provisions of Legislative Decree no. 231/2002 regarding combating late payments in commercial transactions will apply to this collaboration.

The failure of payment or delay in payment of the fees agreed in this contract for the provision of the service will give UpCommerce S.p.a. the right, pursuant to and by effect of art. 1456 of the Italian Civil Code, to terminate the collaboration unless it obtains compensation of any arising prejudices.

The payment of the fees will be made routinely and unless otherwise agreed, by electronic methods of payment, such as debit cards or credit.

It is understood that the delay in payment resulting from the expiry of cards in the Customer’s availability, or from obstacles in the use of them attributable to the Intermediary which the Customer uses, or from failures of the payment system, shall not constitute ground for termination, pursuant to the first clause, where the Customer arranges the restoration of availability and therefore allows the collection of the amount accrued within the term of fifteen days from the receipt of a specific request by the Company, without no interest or additional charges. It is understood that in the event that the payment of accrued income is not made in full by the indicated deadline, the Company may resort the remedy referred to in clause 1 of this paragraph, and that interest will be due, provided for in Articles. 2 and 5 of Legislative Decree no. 231/2002, from the day of expiry of the unfulfilled bond.

8. Clause referring to the principles of good faith and exclusive choice-of-court

The Parties undertake to give full and complete effect to this Agreement, and to cooperate sincerely and in good faith in its interpretation and execution, so that the underlying goals and interests may be realized.

Any registration fees shall be borne by those who intend to avail itself of the contract.

In case of disputes regarding the interpretation, implementation and execution of this Agreement, the parties agree to refer the mechanisms of alternative dispute resolution established the applicable legislation, before the activation of a possible lawsuit before the court, and without prejudice to proven precautionary needs.

The exclusive jurisdiction under Article. 28 of the Italian Code, for each legal dispute arising from the signing of this agreement, its interpretation, implementation and execution, is determined, in compliance with the consensus of the parties, in Foggia, where the Company has its registered office, excluding any other competing jurisdiction.

Back Office

MULTILINGUAL AND TRANSLATION TOOL

Zakeke detects the store language and adapts automatically. You also have a translator tool to help us improving translations in your language

MULTICURRENCY

Over 50 currencies supported

PRODUCT VARIATIONS

Zakeke automatically read and imports product variations from your store to let your customers manage them even during personalization

BULK IMPORT

Easily import products and variations in bulk from your store by using a CSV file

MULTIPLE SIDES AND PRINT AREAS

Have different customizable sides of the same product and as many print areas as you wish

PNG MASK

Define a customization area through a transparent PNG

PRINTING METHODS

Set as many print methods as you want and define related output format and quality (DPI)

PRINT-READY OUTPUT

Zakeke provides you with print-ready files directly in your store back-office. Zakeke supports PDF, PNG, SVG and AutoCad DXF formats

COLORS SYSTEM

Give your customers freedom to pick any color from a color picker. You can also set a pre-defined list of colors for each product

FONTS

Import your own fonts and limit them by printing method or single product

CLIPARTS AND IMAGE GALLERIES

Make available to your customers galleries of images and cliparts and organize them per category and sub-category

CALCULATE PRICING

You can set a different customization price for each product. Thanks to the advanced pricing system, you’ll be able to set complex pricing rules where prices change based on quantity, setup costs, number of colors, and personalization areas

PRE-MADE DESIGNS

Create designs with editable texts and images to let your customers start from a pre-made design. Freely define a set of customization rules and restrictions for each design

NAME & NUMBER

Have pre-designed teamwear where your customers can change names and numbers to build custom sport uniforms

DUPLICATE PRODUCT CONFIGURATION

Save time with the “save and replicate configuration” option to apply the whole set of customization rules of a product, including printing method, images, print sides, customization areas, 3D preview and prices, to another product

THEME EDITOR

Easily match Zakeke to your store – no need to fiddle with CSS and liquid files

HELPDESK

Access helpdesk from inside the Admin panel with a simple click. Video tutorials, help guides and FAQ in your backoffice

ORDERS MANAGEMENT

Full list of orders and related print-ready files zip for each order

REPORTING

Dashboard with facts and figures on users engagement with Zakeke on your website, including information on abandoned carts and interactions

AUTOMATIC UPDATES

Evolves automatically courtesy of Zakeke. Have improvements, new features and fix notices in your backoffice

PRINTFUL INTEGRATION

Printful is a print-on-demand drop-shipping service. You can import products from their catalog and have them personalized by your customers at your website through Zakeke. Products will be produced and shipped to your customers by Printful.

DROPBOX AND GOOGLE DRIVE INTEGRATION

Print-ready files can be automatically synced with your own Dropbox and Google Drive account

MULTILINGUAL AND TRANSLATION TOOL

Zakeke detects the store language and adapts automatically. You also have a translator tool to help us improving translations in your language

MULTICURRENCY

Over 50 currencies supported

PRODUCT VARIATIONS

Zakeke automatically read and imports product variations from your store to let your customers manage them even during personalization

BULK IMPORT

Easily import products and variations in bulk from your store by using a CSV file

MULTIPLE SIDES AND PRINT AREAS

Have different customizable sides of the same product and as many print areas as you wish

PNG MASK

Define a customization area through a transparent PNG

PRINTING METHODS

Set as many print methods as you want and define related output format and quality (DPI)

PRINT-READY OUTPUT

Zakeke provides you with print-ready files directly in your store back-office. Zakeke supports PDF, PNG, SVG and AutoCad DXF formats

COLORS SYSTEM

Give your customers freedom to pick any color from a color picker. You can also set a pre-defined list of colors for each product

FONTS

Import your own fonts and limit them by printing method or single product

CLIPARTS AND IMAGE GALLERIES

Make available to your customers galleries of images and cliparts and organize them per category and sub-category

CALCULATE PRICING

You can set a different customization price for each product. Thanks to the advanced pricing system, you’ll be able to set complex pricing rules where prices change based on quantity, setup costs, number of colors, and personalization areas

PRE-MADE DESIGNS

Create designs with editable texts and images to let your customers start from a pre-made design. Freely define a set of customization rules and restrictions for each design

NAME & NUMBER

Have pre-designed teamwear where your customers can change names and numbers to build custom sport uniforms

DUPLICATE PRODUCT CONFIGURATION

Save time with the “save and replicate configuration” option to apply the whole set of customization rules of a product, including printing method, images, print sides, customization areas, 3D preview and prices, to another product

THEME EDITOR

Easily match Zakeke to your store – no need to fiddle with CSS and liquid files

HELPDESK

Access helpdesk from inside the Admin panel with a simple click. Video tutorials, help guides and FAQ in your backoffice

ORDERS MANAGEMENT

Full list of orders and related print-ready files zip for each order

REPORTING

Dashboard with facts and figures on users engagement with Zakeke on your website, including information on abandoned carts and interactions

AUTOMATIC UPDATES

Evolves automatically courtesy of Zakeke. Have improvements, new features and fix notices in your backoffice

PRINTFUL INTEGRATION

Printful is a print-on-demand drop-shipping service. You can import products from their catalog and have them personalized by your customers at your website through Zakeke. Products will be produced and shipped to your customers by Printful.

DROPBOX AND GOOGLE DRIVE INTEGRATION

Print-ready files can be automatically synced with your own Dropbox and Google Drive account

User Interface

ADD TEXT

Zakeke allows your customers to add text, change color and font, move, resize, rotate, delete, change style, and make it curved

UPLOAD IMAGES

Users are given the freedom to upload images from their computers, Facebook or Instagram. They will find them there even when they’ll be back later

ADD CLIPARTS

Your customers will be able to choose and add cliparts from the galleries and move, resize, rotate, delete and change colors

3D PREVIEW

Zakeke is the only customizer to offer a preview of the customized item in realtime 3D

IMAGE EDITING TOOLS

Zakeke includes over 50 image filters and editing tools to let your customers modify the images they upload to personalize your items

SOCIAL NETWORKS INTEGRATION

Users can share their designs to Facebook, Twitter, Pinterest, and Google Plus

PRE-MADE DESIGNS GALLERY

Allow your customers to choose among as many pre-made designs as you want

PRODUCT VARIATIONS CHANGE

Allow your customers to choose and change product variations even from inside the customizer

WARNING MESSAGE FOR LOW QUALITY IMAGE

If clients upload too low quality images, Zakeke will show a warning message to them suggesting to resize the image or upload a higher quality image

LIVE PRICING

Your customers will see a live updated item price while they customize the product

RESET BUTTON

Easily undo all and start designing from blank again

SAVE FOR LATER

Your customers can save their designs in their personal designs gallery

CUSTOMIZED ITEM IN THE CART

While in the cart, your customers will see a thumbnail of the customized item