Privacy Policy
2Performant Networks headquartered in 6 – 8 Corneliu Coposu Boulevard, Unirii View Building, Floor 2, (office) ResCo-working09, 3rd District, Bucharest, Romania, registered with the Trade registry under no. J40/493/2010, Unique Identification No. (CUI) RO 26405652 (“2Performant”, “we” “us”) processes Your personal data as part of the provision and operation of https://2performant.com and its associated subdomains (collectively refered to as the “Platform”).By using the Platform and/or accessing the Services hereunder you agree with this Privacy Policy (as it might be amended, revised or restated, from time to time) including the collection, processing and transfer of Your personal data, as provided herein. Please note that in order to use our Services You must be 18 years of age or older.
Please read this Privacy Policy carefully. Please check it, from time to time, as it may suffer amendments, revisions or restatements. If You do not agree with it, please stop using the Platform and the Services and stop providing any personal data to us.
As owner and operator of the Platform, 2Performant is committed to compliance with all relevant EU and EU Member State laws in respect of personal data, and the protection of the “rights and freedoms” of individuals whose information 2Performant collects and processes in accordance with the General Data Protection Regulation (UE) 2016/679 (“GDPR”). GDPR strengthens the protection of the individual’s right to personal data protection, reflecting the nature of data protection as a fundamental right for the European Union and it will come into effect on 25 of May 2018. All processing of Your personal data shall be in accordance with the data protection principles set out in Article 5 of the GDPR and both the Platform and 2Performant internal policies are designed to ensure compliance with such principles.
During and for the provision of our services through the Platform (“Services”), we collect and process personal data. According to GDPR, personal data is deemed any information relating to an identified or identifiable individual, natural person (“Data Subject”), meaning if a person can be detected, directly or indirectly, by reference to an identifier. This is the case if the assignment to one or more characteristics that are the expression of a physical, physiological, psychological, genetic, economic, cultural or social identity is possible, for example: a person’s name; an email address or other online contact information, such as an instant messaging user identifier or a screen name that reveals an individual’s email address; a telephone number; identification numbers, such as a social insurance number, a personal number or an ID number; location data; online identifiers (this may involve IP addresses or cookies – You may find our Cookie Policy at https://2performant.com/cookie-policy/); coded data that is derived from personal data. Additionally, to the extent any other information is associated or combined with
2Performant is a data controller under GDPR. We are the controller of personal data provided by You through the Platform, unless otherwise indicated when such data is collected or otherwise stated herein. By this Privacy Policy we inform You on if/what personal data we collect and process and how we deal with the personal data we collect from our Advertisers, Affiliates, simple visitors of our Platform, e-commerce clients (i.e. buyers on our Advertisers’ websites) (collectively, You).
Please note that this Privacy Policy is not exhaustive, it only provides for certain privacy principles applied by 2Performant during its collaboration with You (based on the use of the Platform) which we consider to be of particular importance for You.
If You have any general questions, complaints or requests regarding or in relation to our Privacy Policy or practices, including, without limitation to, any specific requests, such as: (i) a requirement that 2Performant shall rectify certain personal data held on You ; (ii) a Subject Access Request (including: request for confirmation as to whether 2Performant is processing any personal data about You; access to Your individual personal data; any related information); or (iii) any request for rectification, erasure, blockage or for the purpose of exercising any of Your rights under sections 6 below; or (iv) a request regarding withdrawal of Your consent to process Your personal data, should such consent be the legal basis for the processing of Your personal (You are at all times entitled to withdraw Your consent to process personal data if You have provided consent to 2Performant. Should such consent be withdrawn by You, we will not process Your personal data based on consent, any more); (v) a request that 2Performant shall not process Your personal data for advertising or direct marketing purposes, please contact us at privacy@2performant.com. Access Right is part of Your Access Rights detailed under 6.1. below.
Please be advised that it is prohibited to post or provide any personal data of third parties (e.g. name, telephone number, address or any information concerning their private lives).
1. WHAT personal data do we collect, WHEN and WHY (PURPOSE OF PROCESSING) do we collect them. WHICH are the legal basis for processing
The way You approach the Platform and the Services available hereunder determine the scope of how we collect and process Your personal data, as mentioned below. The collection and processing by us of personal data is based on legitimate interest as detailed below, as well as for the performance of the contract to which You and 2Performant are the parties. Please be advised that not all data we collect from You is necessarily of personal nature according to GDPR and, therefore, such data is not subject to the restrictions and requirements under GDPR.
1.1 Information from Advertisers
Accordingly, if You use the Services in capacity of Advertiser, You agree to post an up-to-date and accurate privacy policy on Your website that complies with the laws applicable to Your business. You also agree to obtain consent from Your buyers – i.e. any freely given, specific and informed indication of each of the buyer’s wishes by which he/she, by a statement or by a clear affirmative action, signifies agreement to the processing of his/her personal data as well as for the use and access of their personal data by 2Performant and other third parties, as contemplated under this Privacy Policy. In addition, if You are collecting any sensitive personal information from Your buyers (including information relating to medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or sexuality, the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person), you agree to obtain affirmative, express written consent from Your buyers for the use and access of sensitive personal information by 2Performant and other third parties.
When You register and set up Your Advertiser account in the Platform we collect: Your email address and the name of Your website domain, to be attached to Your Advertiser account, the IP address as well as Your username (as it has been automatically generated by the Platform and further altered by You, as applicable) and password of Your Advertiser account in the Platform. You must keep Your password confidential, You must not communicate it to other persons or allow them to use Your Advertiser account. Neither You are allowed to use any other Advertiser accounts than Yours. If You suspect any unauthorized use of Your Advertiser account please contact us at privacy@2performant.com, immediately.
The data we collect from You at this stage is also contemplated in our online registration form. In addition, we also collect the list with the countries where Your buyers are from, the currencies You use in Your transactions performed through Your website, the categories of products, the type of commission and its amount, the affiliation campaign’s logo, the cookie life and the commissions’ approval term.
We use this information: (i) to check Your consent for entering into the Terms of Use regulating the Platform and the Services; (ii) to register You as an Advertiser in the Platform and establish an Advertiser account for You, and, further (iii) to provide You with our Services to contact You, to provide You with Help Desk services, as well as (iv) to provide You with advertising and marketing information, always conditional upon Your previous consent in relation thereto, by checking the Newsletter subscription checkbox , (v) for reporting and investigation purposes (depending on the request we receive from You regarding any customized reports, we might be required to use all or part of the above mentioned information We do not record any further personal data other than voluntarily provided by You.
When You create Your billing profile in the Platform, we collect , Your full company name, VAT number, billing address, fiscal residence, billing currency, as well as the Advertiser’s representative’s: full name, email address and phone no. We use this information to: (i) set up the Your affiliation campaigns and programs, (ii) to invoice You for the commissions as well as for any other amounts that you might owe under the Terms of Use, (iii) to send You email messages regarding financial issues related to the Services performance, such as, invoices, due dates, etc and (iv) to comply with applicable legal and regulatory requirements, (v) for reporting and investigation purposes
Also, we may use this information, along with the one previously collected from You: to provide You, upon Your request with informative reports regarding Your usage of the Platform, as well as to respond to any requests from You, including in relation to entering into other contractual relationships.
When generally using our Platform we may also collect information on the device You are using to enter our Platform pages, such as: Your operating system and browser of Your device (in case they are different from the ones used when the Advertiser account was registered with the Platform). We also collect data about Your usage of the Platform, such as how and when You access Your account and the Platform, including information about the device and browser You use, Your network connection, Your IP address (in case it is different from the one used when the Advertiser account was registered with the Platform), information about how You browse through the Platform, as well as any other information you voluntarily provide to us such as email addresses different from the one indicated during the setting up of Your billing Advertiser account; such email addresses are to be used to contact You regarding financial issues related to the Services performance, such as, invoices, due dates, etc.
We use this information to give You access to and improve our Services and adapt them to Your needs; for example, to make our Platform interface easier to use. Finally, we may use this information to provide You with advertising or marketing.
1.2 Information from Affiliates
When You register and set up Your Affiliate account in the Platform we collect: Your IP and email address, to be attached to Your Affiliate account, Your username and password of Your Affiliate account in the Platform. You must keep Your password confidential, You must not communicate it to other persons or allow them to use Your Affiliate account. Neither You are allowed to use any other Affiliate accounts than Yours. If You suspect any unauthorized use of Your Affiliate account please contact us at privacy@2performant.com, immediately.
We use this information: (i) to check Your consent for entering into the Terms of Use regulating the Platform and the Services; (ii) to register You as an Affiliate in the Platform and establish an Affiliate account for You, and, further (ii) to provide You with our Services, to contact You, to provide You with Help Desk services, (iv) to provide You with advertising and marketing information, always conditional upon Your previous consent, by checking the Newsletter subscription checkbox (v) for reporting and investigation purposes, (vi) for monitoring the Platform performance, (vii) to make analysis regarding Your Affiliate account performance. We do not record any further personal data other than voluntarily provided by You.
When creating/amending Your Affiliate profile attached to Your Affiliate account in the Platform we collect Your avatar image, Yourfull name and phone number. We use this information: (i) to check Your consent for the Terms of Use regulating the Platform and the Services , to (ii)visually identify You in the Platform (the avatar image You provide will be displayed and attached to Your Affiliate profile, being thus available to any and all users of the Platform); (iii) to contact You in connection with the Services (including for verifying Your payment profile, Your identity), (iv) for reporting and investigation purposes, (v)to provide You with our Services;
When You create Your Affiliate payment profile in the Platform, in addition to the above mentioned data, we collect from You Your email Paypal address, Your bank account number, Your personal unique identification number (e.g. CNP or similar), Your payment address, serial and number of Your residence certificate (should You reside in other country than Romania), serial and number of Your identity card, as well as any other personal data (different from the ones above mentioned) which You may voluntarily provide to us (e.g. additional email addresses/phone numbers). We use this information: (i) to check the identity between the person requesting the payment and the Affiliate entitled to receive the payment (ii) to perform – either through Paypal or directly through Bank transfer – the payment of the amounts owed to Your, according to the Terms of Use, (iii) to verify and confirm Your Affiliate payment profile (iv) for internal audits and accounting reports, as required by applicable legislation, (v) for reporting and investigation purposes (vi)to provide You with our Services. Also, we may use this information, along with the one previously collected from You: (i) to provide You, upon request, with income statements, regarding the amounts paid to You under the Terms of Use as well as (ii) to offer You, always subject to Your consent, various benefits, as such might be available according to the Terms of Use – e.g. subscription healthcare (in this respect we will provide the healthcare provider with Your full name and Your personal unique identification number);
When generally using our Platform we may also collect information on the device You are using to enter our Platform pages, such as Your operating system and browser of Your device. We also collect data about Your usage of the Platform, such as how and when You access Your account and the Platform, including information about the device and browser You use, Your network connection, Your IP address (in case it is different from the one used when the Affiliate account was registered with the Platform), and information about how You browse through the Platform.
We use this information to give You access to and improve our Services and adapt them to Your needs; for example, to make our Platform interface easier to use. Finally, we may use this information to provide You with advertising or marketing information.
1.3 Information from visitors of our Platform
Our Platform temporarily log traffic data provided by the device You use to enter our websites (including the host name (IP address) of the requesting computer), date and time, data specifications of Your browser and operating system as well as the name of Your access provider, and the website You were referred from to our Platform (so called Referrer URL). This information is stored a short period until it is automatically deleted.
Please be advised that when You, in capacity of visitor of our Platform want to leave a comment to an article or contact our dedicated support department, we may collect from You information such as: email address, full name and personal website.
The collection and processing of this data is carried out for the purposes of facilitating the use of our Platform(connection set-up) and to ensure the security and stability of our systems as well as the technical administration of the network infrastructure. We do not record any personal data (not Your name, address, telephone number or email address) other than mentioned above or voluntarily provided by you.
1.4 Information from visitors/buyers on the Advertisers’ websites
When You, as visitor/buyer on our Advertisers’ websites (Client) access an Affiliate link (or Advertising Tool, as defined in the Platform’s Terms of Services) we don’t collect from You any personal data. However, in order to validate the Affiliate Link “click” action we collect from You (if the tracking is done by the Tracking Code) or, as the case may be, we obtain from the Advertiser (if the tracking is done by the Attribution Code) information such as: IP address (in anonymised format), date & time of Your click action on the Advertiser’s action, tool type, the type of the device You were using, URL referrer, URL redirect, Click tag, Affiliate unique ID, Advertiser unique ID (all this information being collectively known in Platform as “Click Details”).
Thus, if your actions are tracked:
- According to section 5.1. of the Platform’s Terms of Services, i.e. with the Tracking Code installed on the Advertiser’s website you are visiting, when You, as visitor/buyer on our Advertisers’ websites access an Affiliate link we store a 2Performant tracking cookie on Your devices which contains: affiliate unique ID, Advertiser unique ID and expiration date;
- According to section 5.2. of the Platform’s Terms of Services, i.e. by using the Cookie generation code and the Attribution Code installed on the Advertiser’s website you are visiting, 2Performant will not store any cookie on your device.
However, if following your access to an Affiliate link, you visit the Advertiser’s website, the Cookie generation code installed on the Advertiser’s website will check, through 2Performant, the compliance of certain data with the Platform’s Terms of Services (i.e .data relating to the Affiliate, the Affiliate Program and the relationship between the program and the Affiliate) and, if they are compliant, the Advertiser will place a cookie on your browser, containing data about the Affiliate whose link you have accessed. Thus, if, during the Recurrence Period, you place an order on the Advertiser’s website, the Attribution Code installed on the Advertiser’s website will transmit 2Performant data about the Affiliate whose link you accessed (cookie data placed by the Advertiser) as well as data about your order (value, order ID, description).
In both situations mentioned above, when You, as buyer on our Advertisers’ websites perform an action on the Advertiser’s website and a valid 2Performant tracking cookie is identified on Your devices we collect from You information such as: IP address (in anonymised format), date & time of Your action on the Advertiser’s website, Affiliate unique ID, conversion amount, conversion description, transaction ID and Advertiser unique ID (all this information being collectively known as “Conversion details”, in the Platform).
We use this information (i) to correctly identify Affiliate clicks and conversions for Affiliates and Advertisers in order to assure secured Platform interactions; (ii) providing relevant statistics for Platform users.
2. PURPOSES of processing personal data
We process Your personal data strictly in compliance with applicable data protection and privacy legislation (especially GDPR) and our contractual duties, and will prevent unauthorized access to data to the best of our abilities.
As detailed in the sections above, we only use the personal data collected from You for the following purposes: managing and providing You with the Services; manage our agreed obligations and rights towards You, as per the Terms of Use; process payments of the amounts owed to You according to the Terms of Use; Platform administration; internal analysis to improve or more effectively tailor the Platform, business or offerings generally; direct marketing; any other purpose You have consented to or which is allowed under applicable law. Your personal data may also be processed for additional legitimate purposes, different from the ones mentioned above, to the extent such additional purposes are closely related with the ones for which the data was originally collected. Your personal data may be combined with other information collected from you or third parties for the above purposes.
3. For HOW LONG YOUR personal data will be stored
While observing applicable privacy legislation we will erase Your data without any action required by You, if retention of such data is no longer necessary for the purpose pursued or retention is no longer allowed for any legal reason. We may restrict processing instead of erasing Your data where legally not allowed to erase (e.g. legal obligations to maintain Your personal data for accountability purposes, or as may be necessary during the applicable statute of limitation).
4. To WHOM will be transferred Your personal data
2Performant works with various service providers to help provide you with our Services and we may share personal data with them to support these efforts. Such service agreement shall contain obligations for third parties to process data only in accordance with 2performant’s instructions and to take appropriate measures to secure that the processing of the personal data is secure. You may find a list with the entities to which we may transfer Your personal data at https://2performant.com/external-services/
Should any of the recipients reside in a country without adequate legal protection for personal data, 2Performant will make reasonable efforts to make the recipient adopt the principles described in this Privacy Policy.
Provided You have given Your consent – by accepting the Terms of Services checkbox when creating Your account within the Platform – we may contact You via telephone, via mail in order to provide You with information on 2Performant offersin connection withthe Services and/or the Platform. You may withdraw Your consent at any time by sending a request in relation thereto, at privacy@2performant.com.
Data is stored within the European Union and the European Economic Area.
We do not transmit data to third parties other than the ones mentioned above, unless you have given Your consent thereto or the transmission is made to state institutions, or otherwise on the basis of mandatory national legislation.
5. Data security
We take all technical and organizational security measures required according to industry standards on information security management, to safeguard sensitive information including protect Your personal data from loss, unauthorized disclosure or other forms of misuse. Data is stored in a safe environment that is not open to public access. Our secured websites use encryption and authentication standards to protect the confidentiality of web transactions, including Your personal data. This means that – support by Your browser provided – communication between Your device and our servers will include recognized encryption measures.
Our stuff is trained in privacy matters and in dealing with data and information.
6. Your RIGHTS under GDPR
Provided that You are a Data Subject, as defined under the GDPR (and as contemplated above under this Privacy Policy), in relation to personal data held by us, You have the right to request access to Your personal data as well as to make requests regarding the nature of information held and to whom it has been disclosed (Right to Access); to take action to rectify, amend, erase, including the right to be forgotten, or destroy inaccurate data, right to restriction or to object to the processing of their personal data, right to data portability, as detailed below.
If You are a visitor/buyer on the website of our Advertisers and wish to exercise these rights, please contact such Advertisers since 2Performant can only forward Your request to them to allow them to respond.
6.1 Right to Access The right to access shall go beyond requesting and being provided with general information on data processing activities. It gives You the possibility to demand more in-depth information on processing. You may request a copy of the personal data that 2Performant holds about you (“Subject Access Request”). This will include information regarding what personal data 2Performant processes about You, where such information has been collected, for which purpose the information is being processed, and to whom, or to which categories of persons, the information is disclosed.
6.2 Right to rectification might help you to correct or prevent negative effects that incorrect/incomplete data may have on Your rights and freedoms. As processed data, at any given time, must reflect reality, you have the right to obtain from 2performant, the rectification/completion of Your inaccurate/missing personal data.
6.3 Right to Erasure You have the right to demand from us the erasure of Your personal data and we shall have the obligation to erase personal data, except if otherwise provided under the GDPR
6.4 Right to Be Forgotten Pursuant to exercise of Your Right to Erasure, if 2Performant has made the Your personal data public we shall, taking account of available technology and the cost of implementation, take reasonable steps, including technical measures, to inform other controllers that are processing the personal data that you requested erasure by such controller of any links to, or copy or replication of, those personal data.
6.5 Right to Restriction of Processing Shouldthe grounds establishing such right under GDPR be met, you may require that one or more personal data is prevented from and, additionally, marked in a way that prevents it from being subject to processing activities. However, such restriction of processing does not relate to the storage of the concerned personal data,
6.6 Right to Data Portability allow you to request 2performant to transmit Your personal data in a structured, commonly used and machine-readable format, to third parties You indicate
6.7 Right to prevent processing for purposes of direct marketing
6.8 Right to be informed about the mechanics of automated decision-taking process that will significantly affect You and right to object to any automated profiling that is occurring without consent
6.9 Right to sue for compensation if You suffer damage by any breach of personal data applicable legislation;
6.10 Right to request the supervisory authority to assess whether any provision of the GDPR has been contravened. If You believe we are processing Your personal data in breach of applicable legislation, You can file a complaint with National Supervisory Authority for Personal Data Processing in Romania.
This Privacy Policy may, from time to time, be subject to amendments, revisions and restatements. Whenever this Privacy Policy is amended, revised or restated, a pop up message will appear in the Platform informing the users about the change of the Privacy Policy. Such pop up message will remain in the Platform from the date when the Privacy Policy was altered until accepting the updated Terms of Services but it will also appear when you firstly use the Platform after the Privacy Policy has been changed (the pop up will announce the most recent change of the Privacy Policy, immediately prior to Your use of the Platform). The changes to the Privacy Policy will be in effect from the date of their publication in the Platform.
If You have any requests regarding or in relation to the above mentioned rights and/or in accordance with any of the rights contemplated under articles 15-22 under GDPR, please contact us at privacy@2performant.com. We will respond within one month from the date we receive Your request. The response period may be extended by two months where necessary, taking into account the complexity and number of the requests; we will promptly inform You of any such extension, within one month of receipt of the request, together with the reasons for the delay. We will provide You with our answer by using the email address attached to Your account in the Platform.
In case of any discrepancies between the terms of this Privacy Policy (integrant part of the Terms of Use) and the terms of Use, with regard to the data processing described herein, the terms of this Policy shall prevail.