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Privacy Policy

Asmita’s Art & Soul (hereinafter "Asmita’s"), is pleased that you visit our website.

Data protection and data security when using our website are very important to us. We would therefore like to inform you at this point which of your personal data we collect when you visit our website and for what purposes it is used. As changes in the law or changes in our internal processes may require an adjustment of this Privacy Policy, we ask you to read this Privacy Policy regularly. The data protection declaration can be accessed, saved and printed at any time under the Privacy Policy.

SECTION 1: RESPONSIBLE AND SCOPE

The controller within the meaning of the EU General Data Protection Regulation ('GDPR') and other national data protection laws of the member states as well as other data protection regulations is:

 

Asmita Rajiv

Prinzregentenstr. , 81677 Munich, Germany

E-mail: contact@asmitasartandsoul.com

 

This data protection declaration applies to the website of Asmita’s Art & Soul, which is available under the domain www.asmitasartandsoul.com as well as the various subdomains (hereinafter referred to as “our website”).

 

SECTION 2: DATA PROTECTION OFFICER

 

The external data protection officer of the controller is:

 

Asmita Rajiv

Prinzregentenstr., 81677, Munich, Germany

E-mail: contact@asmitasartandsoul.com

 

SECTION 3: PRINCIPLES OF DATA PROCESSING

 

Personal data is any information relating to an identified or identifiable natural person. This includes, for example, information such as your name, age, address, telephone number, date of birth, email address, IP address, or user behaviour. Information in which we cannot establish any (or only disproportionately effort) relation to you, e.B. by anonymising the information, is not personal data. The processing of personal data (e.g. collection, querying, use, storage or transmission) always requires a legal basis or your consent. Processed personal data will be deleted as soon as the purpose of the processing has been achieved and no statutory retention obligations are to be respected.

If we process your personal data for the provision of certain offers, we will inform you below about the specific processes, the scope and purpose of the data processing, the legal basis for the processing and the respective storage period.

 

SECTION 4: INDIVIDUAL PROCESSING OPERATIONS

 

1. PROVISION AND USE OF THE WEBSITE

 

A. TYPE AND SCOPE OF DATA PROCESSING

When accessing and using our website, we collect the personal data that your browser automatically transmits to our server. This information is temporarily stored in a so-called log file. When you use our website, we collect the following data, which is technically necessary for us to display our website and to ensure stability and security:

  • IP address of the requesting computer

  • Date and time of access

  • Name and URL of the retrieved file

  • Website from which access is made (referrer URL)

  • browser used and, if applicable, the operating system of your computer, as well as the name of your access provider

 

B. LEGAL BASIS

For the said data processing, Art. 6 sec. 1 lit. f GDPR serves as the legal basis. The processing of the afore mentioned data is necessary for the provision of a website and thus serves to safeguard a legitimate interest of our company.

 

C. STORAGE TIME

As soon as the mentioned data is no longer required to display the website, it will be deleted. The collection of data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility of objection on the part of the user. Further storage can be carried out in individual cases if this is required by law.

2. REGISTRATION / USER ACCOUNT

 

A. TYPE AND SCOPE OF DATA PROCESSING

On our website we offer you the possibility to register with personal data.

With the processed data, we create an individualised user account for you, with which you can use certain content and services such as the history of your orders, the management of your address and customer account data, as well as the notepad function on our website. We process your e-mail address so that we can send you new access data in case you forget them. The following overview can be found in detail about which personal data we process from you during registration:

  • Title

  • Name

  • E-Mail

  • Address

  • Mobile Phone number

 

B. LEGAL BASIS

The processing of the personal data presented (see Section 4 2. a.) is based on Article 6 (1) lit. a GDPR.

C. STORAGE TIME

As soon as the registration on our website is cancelled or changed, the data processed during the registration process will be deleted. Further storage can be carried out in individual cases if this is required by law.

D. CANCELLATION OF THE REGISTRATION

As a user, you have the option to cancel the registration at any time. You can have the data stored about you changed or deleted at any time. To do this please send a request from our contact form here

However, if the processed data are necessary for the performance of a contract or for the implementation of pre-contractual measures, early deletion of the data is only possible if this is not precluded by contractual or legal obligations.

 

3. PURCHASE OF GOODS

 

A. TYPE AND SCOPE OF DATA PROCESSING

On our website, we offer users the opportunity to purchase goods with personal data. The required data is entered into an input mask and transmitted to us and stored. The data will not be passed on to third parties. The following data will be collected during the ordering process:

  • Title

  • Name

  • Address

  • E-mail address

  • Telephone number

  • Payment data

  • Date of birth (when you need an invoice)

 

Your data will be passed on to the shipping company commissioned with the delivery, insofar as this is necessary for the delivery of the goods. In order to process payments, we pass on your payment data to the credit institution entrusted with the payment. These companies may only use your data for order processing and not for other purposes.

If you purchase goods on our website and store your e-mail address, it can be used by us to send a newsletter regarding your own similar goods or services.

 

B. LEGAL BASIS

In the processing of your personal data (see Section 4 3. a.), which are necessary for the fulfilment of a sales contract concluded with us, Art. 6 (1) lit.b GDPR serves as the legal basis. This also applies to processing operations necessary for the implementation of pre-contractual measures.

The legal basis for sending the newsletter as a result of the purchase of goods is Section 7 (3) of the UWG.

 

C. STORAGE TIME

With the complete execution of the contract and full payment of the purchase price, your data will be blocked for further use and deleted after expiry of the tax and commercial retention periods, unless you have expressly consented to the further use of your data. Further storage can be carried out in individual cases if this is required by law.

 

4. NEWSLETTER

 

A. TYPE AND SCOPE OF DATA PROCESSING

On our website it is possible to subscribe to a free newsletter. In order to be able to send you the newsletter regularly, we need the following information from you:

  • E-mail address

In connection with the sending of newsletters, your data will not be passed on to third parties.

Optionally, you can provide further information, such as salutation and name, postal address, mobile number and date of birth.

For the sending of newsletters, we use the so-called double opt-in procedure, i.e. we will only send you the newsletter if you confirm your registration in advance via a confirmation e-mail sent to you for this purpose by means of a link contained therein. In this way, we want to ensure that only you can register for the newsletter as the owner of the specified e-mail address. Your confirmation must be made promptly after receipt of the confirmation email, otherwise your newsletter registration will be automatically deleted from our database.

 

Newsletter - mailing service provider MailChimp

The newsletter is sent via the mailing service provider "MailChimp", a newsletter mailing platform of the US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE # 5000, Atlanta, GA 30308, USA. You can view the data protection provisions of the shipping service provider here: https://mailchimp.com/legal/privacy/. The Rocket Science Group LLC d / b / a MailChimp is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with the European level of data protection ( https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG&status=Active ). 

The mailing service provider is based on our legitimate interests in accordance with. Art. 6 para. 1 lit. f GDPR and an order processing contract acc. Art. 28 para. 3 sentence 1 GDPR used.

The mailing service provider can use the recipient's data in pseudonymous form, i.e. without assignment to a user, to optimize or improve its own services, e.g. to technically optimize the shipping and presentation of the newsletter or for statistical purposes. However, the shipping service provider does not use the data of our newsletter recipients to write to them itself or to pass the data on to third parties.

B. LEGAL BASIS

The processing of your e-mail address as well as optional salutation and name for sending the newsletter is based on the declaration of consent voluntarily issued by you in the following:

 

Consent:

By entering my data and pressing the button "Subscribe now" I declare my consent to the processing of my e-mail address, the salutation and the name for a regular newsletter sending. I can unsubscribe from the newsletter service at any time by clicking on the corresponding link at the end of the newsletter and thus revoking my consent. In addition, I can provide further voluntary information (such as .B postal address, mobile number, date of birth) in order to be informed by email, telephone, SMS or letter mail about further services, products and promotions.

In addition, I agree that my above-mentioned personal data, together with the data on my reactions to the information received (transaction data, communication data from newsletters, such as clicks) and other data (products in the shopping cart, redeemed vouchers, web behavior) from my use of the website www.asmitasartandsoul.com be used by Asmita Rajiv to obtain individually tailored information to my interests.

I can revoke my consent to the collection and use of personal data collected during the registration process at any time.

 

C. STORAGE TIME

Your e-mail address as well as optional salutation and name will be saved as long as you subscribe to the newsletter. After unsubscribing from the newsletter, your e-mail address will be deleted. Further storage can be carried out in individual cases if this is required by law.

5. CONTACT FORM

A. TYPE AND SCOPE OF DATA PROCESSING

On our website, we offer to contact us via a form provided. As part of the sending process of your request via the contact form, this data protection declaration will be referred to in order to obtain your consent. When you use the contact form, you will process the following personal data:

  • E-mail address

  • Title

  • Name

  • Order and customer number (if question concerns an order)

The purpose of providing your e-mail address is to assign your request and to be able to reply to you. When using the contact form, your personal data will not be passed on to third parties.

 

B. LEGAL BASIS

The data processing described in the preceding (cf. Section 4 5. a.) for the purpose of contacting is carried out in accordance with Art. 6 sec. 1 lit. a and Art. 6 sec. 1 lit.f.

 

C. STORAGE TIME

As soon as the request you have made is completed and the relevant facts have been finally clarified, the personal data processed via the contact form will be deleted by you. Further storage can be carried out in individual cases if this is required by law.

 

SECTION 5: DISCLOSURE OF DATA

 

We will only share your personal information with third parties if:

  • You have given your express consent in accordance with Art. 6 sec. 1 p. 1 lit. a GDPR

  • this is permitted by law and is required by Art. 6 sec. 1 p. 1 lit.b GDPR for the performance of a contractual relationship with you

  • according to Art. 6 sec. 1 p. 1 lit.c GDPR there is a legal obligation for the transfer

  • the disclosure in accordance with Art. 6 sec. 1 lit. f GDPR is necessary for the protection of legitimate corporate interests, as well as for the assertion, exercise or defence of legal claims and there is no reason to believe that you have an overriding interest in the non-disclosure of your data.

 

SECTION 6 : USE OF COOKIES

A. TYPE AND SCOPE OF DATA PROCESSING

 

We use cookies on our website. Cookies are small files that we send to the browser of your device during your visit to our website and are stored there. Some functions of our website cannot be offered without the use of technically necessary cookies. Other cookies, on the other hand, allow us to analyze various analyses. Cookies, for example, are able to recognize the browser you use when you visit our website again and to transmit various information to us. Cookies enable us to make our website more user-friendly and effective for you, for example by tracking your use of our website and by determining your preferred settings (e.g. country and language settings). If third parties process information via cookies, they collect the information directly through your browser. Cookies do not cause any damage to your device. You cannot run programs or contain viruses.


Our website uses various types of cookies, the type and function of which are explained in more detail below.

Persistent cookies are used on our website. Persistent cookies are cookies that are stored in your browser for an extended period of time and transmit information to us. The respective storage time differs depending on the cookie. You can delete persistent cookies independently from your browser settings.

 

REQUIRED COOKIES

 

These cookies are required for technical reasons in order to allow you to visit our website and use the features offered by us. This applies, for example, to the following applications: storage of the shopping cart, playing out product recommendations.  In addition, these cookies contribute to a safe and proper use of the website.

 

PERFORMANCE-RELATED COOKIES

With the help of these cookies, we are able to carry out an analysis of the use of the website and to improve the performance and functionality of our website. For example, information about how our website is used by visitors, which pages are viewed most frequently, or whether error messages are displayed on certain pages.

 

COOKIES FOR MARKETING AND SOCIAL MEDIA

Advertising cookies (third-party providers) allow you to display various offers that suit your interests. These cookies allow users' web activities to be recorded over a longer period of time. You may recognize cookies on various devices you use.

The following third-party providers receive personal data via cookies integrated on our website:

  • Facebook/Instagram

  • Google

  • Bing

  • TrustedShops

  • Wix.com

Furthermore, certain cookies allow you to connect to your social networks and share content on our website within your networks.

 

B. LEGAL BASIS

Due to the purposes described (see Section 6. a.), the legal basis for the processing of personal data using cookies is in Art. 6 sec. 1 lit. f GDPR. If you have given us your consent to the use of cookies on the basis of a notice provided by us on the website ("Cookie Banner", the legality of the use is additionally governed by Article 6 sec. 1 p. 1 lit. a GDPR.

 

C. STORAGE TIME

As soon as the data transmitted to us via the cookies are no longer necessary for the purposes described above, this information will be deleted. Further storage can be carried out in individual cases if this is required by law.

 

D. CONFIGURATION OF BROWSER SETTINGS

Most browsers are preset to accept cookies by default. However, you can configure your browser to accept only certain or no cookies. However, we would like to point out that you may no longer be able to use all the functions of our website if cookies are deactivated by your browser settings on our website. You can also use your browser settings to delete cookies that have already been stored in your browser or to view the storage time. It is also possible to set your browser to notify you before cookies are stored. Since the different browsers may differ in their respective functions, we kindly ask you to use the respective help menu of your browser for the configuration options.
If you want a comprehensive overview of all third-party access to your Internet browser, we recommend that you install specially developed plug-ins.

 

SECTION 7 TRACKING AND ANALYSIS TOOLS

We use tracking and analysis tools to ensure continuous optimization and needs-based design of our website. With the help of tracking measures, we are also able to statistically record the use of our website by visitors and to further develop our online offer for you with the help of the knowledge gained. On the basis of these interests, the use of the tracking and analysis tools described below is justified in accordance with Art. 6 sec. 1 p. 1 lit. f GDPR. If you have given us your consent to the use of cookies on the basis of a notice provided by us on the website ("Cookie Banner", the legality of the use is additionally governed by Article 6 sec. 1 p. 1 lit. a GDPR. The following description of the tracking and analysis tools can also be found in the respective processing purposes and the processed data.

1. GOOGLE ANALYTICS

This website uses Google Analytics, a web analytics service provided by Google Inc., 1600 Amphitheatre Parkway, Mountainview, CA 94043 USA ("Google"). Google Analytics uses so-called "cookies", text files that are stored on your computer and which enable an analysis of your use of the website.

The information generated by these cookies, for example about the time, location and frequency of your use of this website, is usually transmitted to a Google server in the USA and stored there. When using Google Analytics, it is not excluded that the cookies set by Google Analytics may collect other personal data in addition to the IP address. We would like to point out that Google may transfer this information to third parties if required to do so by law, or if third parties process this data on Google's behalf.

Google will use the information generated by cookies on behalf of the operator of this website to evaluate your use of the website, to compile reports on website activity and to provide other services relating to website activity and internet usage to the website operator. According to Google, the IP address transmitted by your browser within the scope of Google Analytics will not be merged with other data from Google.

You can generally prevent the storage of cookies by setting your browser software accordingly. However, we would like to point out that in this case you may not be able to use all functions of this website to the full extent. It is not excluded that the cookies set by Google Analytics may collect other personal data in addition to the IP address. To prevent information about your use of the website from being collected by Google Analytics and transmitted to Google Analytics, you can download and install a plugin for your browser at the following link: https://tools.google.com/dlpage/gaoptout?hl=de.
This plugin prevents information about your visit to the website from being transmitted to Google Analytics. This plugin does not prevent any other analysis.

Please note that you cannot use the browser plug-in described above when visiting our website via the browser of a mobile device (smartphone or tablet). When using a mobile device, you can prevent the collection of your usage data by Google Analytics by clicking on the following link: Disable Google Analytics. By clicking on this link, a so-called opt-out cookie is placed in your browser. This prevents information about your visit to the website from being transmitted to Google Analytics. Please note that the opt-out cookie is only valid for this browser and only for this domain. If you delete the cookies in this browser, the opt-out cookie will also be deleted. To continue to prevent Google Analytics from collecting, you must click the link again. The use of the opt-out cookie is also possible as an alternative to the above plug-in when using the browser on your computer.

In order to ensure the best possible protection of your personal data, Google Analytics has been extended to include the code "anonymizeIp" on this website. This code causes the last 8 bits of the IP addresses to be deleted and your IP address to be captured anonymously (so-called IP masking). In principle, Google shortens your IP address before it is transferred within member states of the European Union or in other contracting states of the Agreement on the European Economic Area and thereby anonymizes it. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there.

 

2. GOOGLE ADWORDS

We use the "Google AdWords" technology and especially the conversion tracking. Google Conversion Tracking is an analytics service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. If you click on an ad placed by Google, a cookie for conversion tracking will be placed on your PC. The cookies are valid for 30 days and are not for personal identification purposes. Visit certain pages of our website, if the cookie has not yet expired, Google and also we can recognize that you have clicked on a particular ad and have been redirected to this page. Google AdWords customers will each receive a different cookie. This way, you cannot track cookies through AdWords customers' websites.

The data collected using the conversion cookie is used to generate conversion statistics for AdWords customers who use conversion tracking. Customers will find out the number of users who clicked on their ad and were then redirected to a page with a conversion tracking tag. However, they do not receive any information that can be used to personally identify users.

If you do not wish to participate in conversion tracking, you can prevent this by setting it in your browser, e.B. in the form that the installation of cookies is generally prevented. You can also disable cookies for conversion tracking by setting your browser to block only cookies from the "googleadservices.com" web address.

3. GOOGLE REMARKETING

We use the "Google Remarketing" technology of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Google Remarketing will serve ads for users who have already visited our websites and online services and are interested in a particular offer. Within the Google advertising network, targeted and interest-based advertisements can be placed on our site. Google Remarketing uses cookies for this analysis. This allows our visitors to be recognized as soon as they access websites within Google's advertising network. Within Google's advertising network, ads based on the websites of Google's advertising network (which also use Google's remarketing function) are targeted and interest-based.

If you do not want to see targeted, interest-based advertising, you can deactivate the use of cookies by Google for these purposes via the link: https://www.google.de/settings/ads.

7. FACEBOOK ANALYTICS

On our website, we use so-called conversion and retargeting tags (also known as "Facebook Analytics") of the social network Facebook, a service of Facebook Inc., 1601 Willow Road, Menlo Park, California 94025, USA ("Facebook"). We use Facebook pixels to analyze the general use of our website and to understand the effectiveness of Facebook advertising ("conversion"). We also use the Facebook pixels to send you individualised advertising messages based on your interest in our products ("retargeting"). Facebook processes data that the service collects on our website.
If you are a member of Facebook and have allowed Facebook via the privacy settings of your account, Facebook can also link the information collected about your visit to us to your member account and use it for the targeted placement of Facebook ads. You can view and change the privacy settings of your Facebook profile at any time.
For more information, see Facebook's privacy policy: https://www.facebook.com/about/privacy

 

8 PLUGINS

 

1. FACEBOOK, PINTEREST

Our websites contain social plugins of the social networks "Facebook" ( Facebook Inc., 1601 S. California Ave, Palo Alto, California 94304, USA), Pinterest (Pinterest Inc., 651 Brannan Street, San Francisco, CA 94103, USA.). These services are offered by the respective companies ("Providers"). Within the scope of our online presence, the social plugins are identified by the respective buttons belonging to the service. Using the data transmitted to the respective service via the social plugins, the latter can assign you to your account with him if necessary. In order to increase the protection of your data on our website, the social plugins are integrated on our website using the so-called "2-click solution". This ensures that when you visit a page of our website that contains such social plugins, an automatic connection to the servers is not yet established by the respective providers.

The activation of the function of the respective social plugin takes place in two stages. To activate a social plugin, you must first click on the reference on our website. This activates the social plugin sands first and connects your browser to the servers of the respective provider. With a second click, you can now interact with the social plugin and, for example, submit your recommendation. If you are already logged in to one of the social networks of the providers, the providers can assign the visit to this website directly to your profile. If you interact with the social plugins by clicking on them, the corresponding information is also transmitted directly to a server of the providers and stored there. The information may also be published to the social network and displayed under your contacts. If you wish to prevent such an immediate assignment of your data collected via our website to your profile, you must unsubscribe from your account of the respective provider before visiting our websites.

The scope and purpose of the data collection by the respective service as well as the further processing and use of your data can be found in the data protection notice directly from the website of the service. There you will also find more information about your respective data protection rights and settings options to protect your privacy.

a) Facebook Inc., 1601 S California Ave, Palo Alto,

California 94304, USA https://www.facebook.com/policy.php
https://www.facebook.com/help/186325668085084

b) Pinterest Inc., 651 Brannan Street, San Francisco, CA 94103, USA.
http://about.pinterest.com/privacy/

 

2. SOCIAL LOGIN

We offer you the possibility to register for our service via login plugins of “Facebook” (Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA)/ “Google” (Google Inc., 1600 Amphitheatre Parkway, Mountainview, CA 94043 USA). An additional registration on our website is therefore not necessary. To register, you will be redirected to the provider's website, where you can log in with your user data. This will link your Facebook/ Google profile and our service. By linking, we automatically receive the following information from “Facebook”/ “Google”: first name, last name & email address.

This information is absolutely necessary for the provision of our customer area and the conclusion of the contract in order to be able to identify it.

For more information about the social logins, please refer to Facebook's / Google’s privacy policy .

 

9 HYPERLINKS

On our website there are so-called hyperlinks to websites of other providers. When these hyperlinks are activated, you will be redirected from our website directly to the website of the other providers. You can see this by changing the URL, among other things. We cannot take responsibility for the confidential handling of your data on these third-party websites, as we have no influence on the compliance of these companies with the data protection regulations. Please refer to these websites for more information about the handling of your personal data by these companies.

 

SECTION 10 AFFECTED RIGHTS

The GDPR gives you the following rights as a data subject to the processing of personal data:

  • Pursuant to Article 15 GDPR, you can request information about your personal data processed by us. In particular, you may provide information about the processing purposes, the categories of personal data, the categories of recipients to whom your data have been or will be disclosed, the planned retention period, the existence of a right to rectification, deletion, restriction of processing or opposition, the existence of a right of appeal, the origin of their data, if they have not been collected from us, transmission to third countries or to international organisations, and the existence of automated decision-making including profiling and, where applicable, meaningful information.

  • Pursuant to Article 16 GDPR, you can immediately request the correction of inaccurate data or the completion of your personal data stored by us.

  • Pursuant to Article 17 GDPR, you may request the deletion of your personal data stored by us, insofar as the processing is not necessary for the exercise of the right to freedom of expression and information, for the fulfilment of a legal obligation, for reasons of public interest or for the assertion, exercise or defence of legal claims.

  • Pursuant to Article 18 GDPR, you may request the restriction of the processing of your personal data insofar as the accuracy of the data is disputed by you, the processing is unlawful, we no longer need the data and you refuse to delete it, because you need it to assert, exercise or defend legal claims. You are also entitled to the right under Art. 18 GDPR if you have objected to the processing in accordance with Article 21 GDPR.

  • Pursuant to Article 20 GDPR, you may request that your personal data provided to us be received in a structured, common and machine-readable format, or you may request the transfer to another controller.

  • Pursuant to Art. 7 sec. 3 GDPR, you can revoke your once-granted consent to us at any time. As a result, we are no longer allowed to continue the processing of data based on this consent for the future.

  • Pursuant to Article 77 GDPR, you have the right to complain to a supervisory authority. As a rule, you can contact the supervisory authority of your usual place of residence, your workplace or our company headquarters.

 

SECTION 11 RIGHT OF OBJECTION

When processing your personal data on the basis of legitimate interests in accordance with Art. 6 sec. 1 lit. f GDPR, you have the right to object to the processing of your personal data in accordance with Article 21 GDPR, insofar as there are reasons for doing so that arise from your particular situation or if the objection is directed against direct marketing. In the case of direct marketing, you have a general right of objection, which we implement without specifying a special situation.

 

12 DATA SECURITY AND SECURITY MEASURES

We are committed to protecting your privacy and treating your personal data confidentially. In order to avoid the manipulation, loss or misuse of your data stored by us, we take extensive technical and organisational security measures, which are regularly checked and adapted to technological progress. This includes, but is not only for, the use of recognized encryption methods (SSL or TLS). However, we would like to point out that due to the structure of the Internet, it is possible that the rules of data protection and the above-specified safeguards are not observed by other persons or institutions not within our area of responsibility. In particular, unencrypted data can be read by third parties, e.B. if this is done by e-mail. We have no technical influence on this. It is the user's responsibility to protect the data provided by him by encryption or in any other way against misuse.

 

As of: November 23, 2020