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.
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
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 email@example.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.
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 firstname.lastname@example.org, immediately.
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.
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/
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 email@example.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
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.
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 firstname.lastname@example.org. 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.