Privacy Policy

Please find Webgains' GDPR and website (incl. cookies) privacy policies below

Webgains Privacy Policy: General Data Protection Notice

This privacy policy describes the processing of personal data in the context of Webgains’ business activities. This applies to the data processing for which Webgains is responsible on its affiliate marketing platform. It also contains information about the rights you have and how to contact Webgains.

I. Who is responsible for the processing of personal data?

Unless expressly stipulated, the controller for the processing of personal data listed below is – Webgains Limited, 1st Floor South, The Quorum, Bristol, BS1 3AE

Further information on the company can be found in the imprint, available at – https://www.webgains.com/public/en/webgains-company-details/

If you have any questions about the processing of your personal data within the framework of this website or about data protection, please contact support@webgains.com.

The data protection officer Dr. Stefan Drewes can be reached as follows: datenschutz@webgains.de.

II. Which data is processed in the course of Webgains’ business activities?

1. Registration as a publisher via this website – cooperation with publisher

You can register as a publisher via the website. In this case, Webgains will review your application and – if the prerequisites are met – approve your application. The data protection requirements for the cooperation of publishers and Webgains are regulated separately in an agreement on data protection.  

If no approval is granted, the registration data will be deleted after a period of six months. In the event of a contract being concluded, the account will be blocked at the expiration of the contract. Deletion takes place two years after termination of the contract unless there are legal retention obligations. In this case, the data subject to retention is first blocked and after expiry of the legally provided deletion rule – usually after ten years – the final deletion takes place. The legal basis for the processing of personal data is  Art. 6  para. 1,  p. 1 lit.b,  lit.c., lit. f GDPR.

2. Data processing by Webgains for advertisers

Webgains provides advertisers with an affiliate marketing platform. This platform allows advertisers to process requests made by publishers. For example, it is documented in cases whereby a product has been purchased after a publisher’s promotional activity. The Advertiser is responsible for this data processing – including the storage of cookies with the consent of the data subject – under data protection law. Webgains is used by the Advertiser as a processor (cf. Art. 28 GDPR). The Advertiser shall inform you separately about this data processing on its website. In addition, you will also find further information on how to contact the advertiser here.

3. Webgains’ own data processing within the framework of the marketing platform

Webgains has concluded contracts with both the Advertiser and the Publisher for the use of its Affiliate Marketing Platform. Advertisers are obliged to pay remuneration to Webgains for the use of the platform. This remuneration also includes the amount to which the Publisher is entitled. Under contract law, Webgains is obliged to pay the publisher its commission for successful brokerage activities and to calculate in advance the amount of this commission. For the calculation of the remuneration for the sales mediated by a publisher, the advertiser transmits information on the conclusion of the contract to Webgains. This includes the following data:

  • A metric that represents a buyer/purchase;
  • A key figure that allows the brokered business to be assigned to the publisher;
  • Contract and billing data (product, value, currency and equivalent);
  • Automatically transmitted information about the internet user’s terminal device used (browser used, operating system and similar).

On the other hand, no name and no contact data (address, etc.) are transmitted to Webgains. The Advertiser shall only provide Webgains with the information necessary for the implementation of the intended data processing purposes. This transfer is made on the basis of Art. 6 para. 1, p. 1 lit. f) GDPR, so that Webgains can fulfill its contractual obligations.

Webgains continues to process the transmitted data for statistical purposes. This includes, for example, an evaluation of the data in order to carry out capacity planning. In addition, data is evaluated in order to record and clarify any attacks or unfair use of the affiliate marketing platform (fraud and abuse prevention). Furthermore, Webgains creates a report for publishers based on the transmitted data. This should enable publishers to optimise their own sales activities. In addition, Webgains uses the transmitted data to make recommendations to advertisers with regard to potentially suitable publishers as well as to publishers with regard to potentially suitable products.

A deletion of the data transmitted by the Advertiser to Webgains takes place three years after the transmission, unless a deletion precludes statutory retention obligations. In this case, the data subject to retention is first blocked and after expiry of the legally provided deletion rule – usually after ten years – the final deletion takes place.  The legal basis for the processing of personal data is Art. 6 para. 1 sentence 1 lit.b, lit.c., lit. f GDPR.

4. Webgains Academy

If you participate in the Webgains Academy, you must create an account in advance and register. Webgains collects the data required to set up the account and register for an event, course, or download. This also includes – if necessary in individual cases – the necessary bank details for the billing of a fee-based participation.

Webgains processes your personal data in order to enable you to participate in the Academy and also shows you any certificates of successful participation.  

Further data, such as job title or information about the participant’s employer, can be provided voluntarily.  Webgains processes this data together with the registration data and the data generated in the context of the use of the Academy in order to show you e-advertising in line with your interests.  This may also affect the use of the e-mail address for the sending of its own similar advertising by Webgains. An objection to advertising is possible at any time. To do so, write to  academy@webgains.com.

If no fee-based registration takes place, the data for the user account will be deleted after an inactivity of three years. Individual registrations for events will be deleted after a period of two years unless deletion of the personal data precludes statutory retention obligations. In this case, the data subject to retention will initially be blocked after two years and the final deletion will take place after expiry of the deletion rule provided for by law – usually after ten years. 

Legal basis of data processing: Art. 6 Para. 1, S. 1 lit b), lit c), lit f) GDPR i.v.m. § 7 Para. 3 UWG.

5. Notes on data security

We use appropriate technical and organisational measures to protect your personal data stored by us from access by third parties, loss or misuse and to enable a secure data transfer.

III. To which recipients will your data be passed on?

Webgains works together with service providers (so-called order processing), who will be happy to be named to you on request. The main service providers of Webgains are:

  • Amazon Web Services, Inc.
  • Pulsant Ltd.

IV. Data processing outside EU / EEA

Webgains works with service providers outside the EU/EEA. These service providers are located in the UK, which has been recognised as equivalent by the EU Commission.

V. Your rights as a data subject

As a data subject, you are entitled to the following rights. If you wish to exercise these rights, please contact: support@webgains.com

  • Right to information according to Art. 15 GDPR
  • Right to rectification pursuant to Article 16 GDPR
  • Right to erasure of your data pursuant to Article 17 GDPR
  • Right to restriction of data processing pursuant to Article 18 GDPR
  • Right to data portability according to Art. 20 GDPR

You can object to the processing of personal data for advertising purposes at any time without giving reasons.

In addition, pursuant to Article 21 (1) GDPR, you have the right to object at any time to the processing of your personal data on the basis of Article 6 (1) (f) GDPR for reasons arising from your particular situation. In this case, the objection must be justified.

VI. Right to lodge a complaint with a supervisory authority

If you believe that the processing of your personal data violates data protection law, you have the right to complain to a data protection supervisory authority in accordance with Article 77 (1) GDPR.

VII. Existence of automated decision-making

Automated decision-making in accordance with Article 22 (1) and (4) GDPR – including profiling – does not take place.

Status of the declaration: 01.09.2021


Webgains Privacy Policy: Cookies

This privacy policy describes the processing of personal data in the context of the use of the Webgains website. It also contains information about the rights you have and how to contact Webgains.

I. Who is responsible for the processing of personal data?

Responsible for this website and the associated processing of personal data is:

– Webgains Limited, 1st Floor South, The Quorum, Bristol, BS1 3AE

Further information on the company can be found in the imprint, available at: https://www.webgains.com/public/en/webgains-company-details/

If you have any questions about the processing of your personal data within the framework of this website or about data protection, please contact support@webgains.com.

The data protection officer Dr. Stefan Drewes can be reached as follows: datenschutz@webgains.de.

II. Which data is processed for what purpose when visiting the website?

1. Processing of data when accessing the website

When you access our website, the following information of a general nature (so-called log file data) is automatically collected:

Date and time of access; IP address; website from which our website was accessed; websites accessed through our website; page(s) visited on our website; information about the browser type and version used; operating system.

The temporary storage of this data is technically necessary for the correct delivery of our website. The data is also mandatory when using the Internet and when calling up a website.

We store the log file data to ensure the functionality and security of the information technology systems. For these purposes, our legitimate interest lies in the storage of log file data. We store the data that we collect when accessing the website (log file data) for a period of time in order to detect and analyse any attacks against our website. The legal basis for the processing of personal data is Art. 6 para. 1 sentence 1 lit. f GDPR.

2. Processing of data when using the contact form or for e-mail inquiries

If you use the contact form available on our website or send us an enquiry via the e-mail addresses provided, we will collect your data for the processing and answering of your request. We store your requests and the associated data provided for evidence purposes for a period of two years. The legal basis for data processing is  Art. 6 para. 1 sentence 1 lit. f GDPR.

3. Notes on data security

We use appropriate technical and organisational measures to protect your personal data stored by us from access by third parties, loss or misuse and to enable a secure data transfer. The transmission of the personal data entered by you takes place with the secure standard SSL (Secure Socket Layer). You can recognise a secure SSL connection by the URL https://… as well as the lock symbol in the address bar of your browser.

We must point out that due to the structure of the Internet, unwanted data access by third parties may occur. It is therefore also your responsibility to protect your data against misuse through encryption or in any other way. Without appropriate protective measures, data transmitted unencrypted in particular, even if this is done by e-mail, can be read by third parties.

III. Your rights as a data subject

As a data subject, you are entitled to the following rights. If you wish to exercise these rights, please contact us:

  • Right to information according to Art. 15 GDPR
  • Right to rectification pursuant to Article 16 GDPR
  • Right to erasure of your data pursuant to Article 17 GDPR
  • Right to restriction of data processing pursuant to Article 18 GDPR
  • Right to data portability according to Art. 20 GDPR

You can object to the processing of personal data for advertising purposes at any time without giving reasons.

In addition, pursuant to Article 21 (1) GDPR, you have the right to object at any time to the processing of your personal data on the basis of Article 6 (1) (f) GDPR for reasons arising from your particular situation. In this case, the objection must be justified.

IV. Right to lodge a complaint with a supervisory authority

If you believe that the processing of your personal data violates data protection law, you have the right to complain to a data protection supervisory authority in accordance with Article 77 (1) GDPR.

V. Existence of automated decision-making

Automated decision-making in accordance with Article 22 (1) and (4) GDPR – including profiling – does not take place.

VI. Integration of third-party service offerings

1. Integration of Google TAG Manager

For the delivery of online advertising and the integration of external partners, we use the Google Tag Manager of the service provider Google Ireland Limited. This allows us to control the delivery of online advertising. This tool works without cookies, but requires the transmission of IP addresses to Google. The anonymisation of the IP address before forwarding to Google has been activated by us. The legal basis for data processing is Art. 6 para. 1 s. 1 f) GDPR.

2. Integration of Google Maps

On this website we use the Google Maps, an product of the company Google Ireland Limited. This serves the purpose of showing you interactive maps directly on the website, making it easy to find the locations indicated by us on the website and the convenient use of the map function.

This application is retrieved directly from Google’s servers, so that the company receives the IP address currently assigned to you. By visiting the website, Google receives the information that you have accessed the corresponding subpage of our website. Whether and to what extent or over what period of time the IP address is stored by Google and used internally is beyond our knowledge. The legal basis for the integration of this service is Art. 6 para. 1 sentence 1 lit. a GDPR.

If you are registered with a Google service, Google can assign the visit to your account. Even if you are not registered with Google or have not logged in, there is a possibility that Google will use your IP address and store it for profiling.

Further information on data protection at Google can be found under: http://www.google.de/intl/de/policies/privacy/

VII. Our Cookie Policy

1. General information on the use of cookies

Our website uses cookies. Cookies are small text files that are stored on your device and stored by your browser. They serve to make our offers more user-friendly, effective and secure. We use both temporary cookies, which are automatically deleted when you close your browser (“session cookies”), as well as persistent (permanent) cookies.

You have the choice whether you want to allow the setting of cookies. You can make changes in your browser settings. In principle, you have the choice whether you want to accept all cookies, be informed when cookies are set or reject all cookies. If you opt for the last variant, it is possible that you will not be able to use our website in full. You can change individual settings in the cookie settings.

When using cookies, a distinction must be made between the strictly necessary cookies and against cookies for further purposes (measurement of access figures, advertising purposes).

2. Strictly necessary cookies when using the website

We use session cookies on our websites, which are absolutely necessary for their use. This includes cookies that allow us to recognise you while you visit the site as part of a single session. These session cookies contribute to the secure use of our offer.

3. Use of cookies with your consent

Below you will find an overview of the cookies that we use with your consent given at the beginning of your use of the website. With each presentation of the use, you will also find an opt-out option. These are cookies to record the usage behavior of our website as well as cookies that are used for advertising purposes.

a. Use of cookies to record usage behaviour (tracking)

The use of tracking cookies enables us to recognise users when they access our website again and thus assign usage processes to an internally assigned code number (pseudonym). This allows us to record repeated accesses to our website and analyse them in a coherent manner.

Specifically, the following tracking cookies are used:

Tracking by Google Analytics

On this website we use the web analysis service Google Analytics of the service provider Google Ireland Limited commissioned by us. This tool uses “cookies”, which are text files that are stored on your computer, to help the website analyse how users use the site. We have activated IP anonymisation on this website. As a result, your IP address will be shortened and anonymised. On our behalf, our service provider will collect information about your recent visits to our website or how you interact with our website and will use this information to evaluate your use of the website and to compile reports on website activity.

The data collected by the web analysis service is partly stored and processed by our service provider in the USA. Your data will only be transferred to the USA with your express consent.

We use the web analytics service to analyse the use of our website and thus better understand how visitors use our website so that we can make it even more intuitive. Legal basis for the storage of the cookie and the further evaluation of the collected data over a period of six months is the consent given, Art. 6 para. 1 sentence lit. a GDPR. You can revoke your consent at any time with effect for the future in our cookie settings (cookie button at the bottom of the page).

Google Ads Tracking

We use the Google Ads, another product of Google Ireland Limited, to draw attention to our attractive offers with the help of advertising media (Google Ads) on external websites. These advertising media are delivered by Google via “ad servers”. Ad server cookies are used, which enable the evaluation of performance parameters such as ad impressions, clicks and conversions. In this way, we can determine how successful the individual advertising measures are in relation to the data of the advertising campaigns. If you access our website via a Google ad, Google Ads will store a cookie in your PC. The following analysis values are usually stored for this cookie:

  • Unique Cookie ID
  • Number of Ad Impressions Per Placement (Frequency)
  • Last Impression (Relevant for Post-View Conversions)
  • OptOut information (marking that the user no longer wants to be addressed)

These cookies allow Google to recognise your Internet browser. If a user visits certain pages of an Ads customer’s website and the cookie stored on their computer has not yet expired, Google and the Ads customer can recognise that the user clicked on the ad and was redirected to this page. Each Ads customer is assigned a different cookie. Cookies can therefore not be tracked via the websites of Ads customers. We ourselves do not collect or process any personal data in the aforementioned advertising measures. We only receive statistical evaluations from Google. Based on these evaluations, we can see which of the advertising measures used are particularly effective. We do not receive any further data from the use of advertising material, in particular we cannot identify the users on the basis of this information. The legal basis for the storage of the cookie by Google is the consent given (Art. 6 para. 1 sentence 1 lit. a GDPR).

We have no influence on the scope and further use of the data collected by Google through the use of this tool and therefore inform you according to our state of knowledge:

By integrating “tracking tools”, Google receives the information that you have accessed the corresponding website of our website or have clicked on an advertisement from us. If you are registered with a Google service, Google can assign the visit to your account. Even if you are not registered with Google or have not logged in, there is a possibility that the provider will find out and store your IP address. Further information on data protection at Google can be found here: http://www.google.com/intl/de/policies/privacy/

b. Use of cookies for advertising purposes

We use cookies for marketing purposes, for example to tailor advertising to the interests of a website visitor. They are also used to limit the frequency of the ad and to measure the effectiveness of an ad. This records which websites and which articles have been clicked. This allows us to collect information about usage habits in order to control interest-based advertising. This information is shared with third parties. In these cases, the cookies are regularly set directly by the advertising partner.

Specifically, the following cookies are set:

Use of Google Remarketing

In addition to AdWords tracking, we also use Google Remarketing. This is retargeting, thus encompassing the delivery of interest-based advertising on other advertising spaces outside our offer. Through this application, after visiting our website, you can be shown advertisements about the services / products previously viewed on our website when visiting other websites. The cookie stored in your browser is used for recognition. For example, Google may record interest in certain products based on your previous visit to our website and use it for the targeted display of advertising on other websites. A combination of the data collected in the context of remarketing with your personal data, which may be stored by Google, does not take place by Google according to its own statements. In particular, according to Google, pseudonymisation is used in remarketing.

The use serves to be able to provide you with interest-based advertising and to advertise our products in a targeted manner. Google has submitted to the EU-US Privacy Shield. The legal basis for the storage of the cookie is the consent given (Art. 6 para. 1 sentence 1 lit. a GDPR). The further evaluation of the collected data over a period of up to two years is carried out on the basis of Art. 6 para. 1 sentence 1 lit. f GDPR.

If you do not want advertisements tailored to your interests to be displayed, you can deactivate cookies in your browser or inform Google of this for the future at the following link: https://www.google.com/settings/ads/onweb/

Facebook Pixel / Custom Audience

On our website we have integrated the Facebook pixel of Facebook Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. When accessing our website, a redirect to Facebook takes place via a Re-Direkt. The following data can be forwarded:

• http header information (such as the IP address, information about the browser used, country-specific data, e.g. the language)

•Unique Cookie ID

• Information about events on the page (such as page view information or buttons clicked)

• Time

Facebook can mark the device you are using with a cookie and a unique identifier or read out any existing cookie. If you are logged into Facebook, this data can be used to display targeted advertising for us on the Facebook pages. The legal basis for the storage of the cookie and the forwarding of the data to Facebook Ireland Limited is the consent given in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR.

We are jointly responsible with Facebook Ireland Limited for the collection and transmission of the above data. For this reason, we have concluded a joint responsibility agreement with Facebook in accordance with Article 26 GDPR, which defines the responsibilities for fulfilling the obligations under the GDPR. You can retrieve this under https://www.facebook.com/legal/controller_addendum.  Facebook has been designated as the point of contact for data subject inquiries regarding the data collected via the Facebook Pixel. Therefore, we would like to ask you to contact Facebook’s data protection officer directly with regard to your rights as a data subject: https://www.facebook.com/help/contact/540977946302970.

Against the background of the fact that we do not have access to the data collected about you within the framework of the Facebook Pixel, Facebook only has the direct access to the necessary information and can also immediately take any necessary measures and provide information. Should our support nevertheless be required, we are at your disposal.

When using the Facebook pixel, we cannot rule out the possibility that Facebook may also process the data in the USA. A transfer of your data to the USA will only take place after your express consent. You can revoke your consent at any time in our cookie settings.

The further processing and evaluation of the collected data is the responsibility of Facebook. Further information on data protection at Facebook in general and more detailed information on the handling of the data collected within the framework of the Facebook Pixel, such as the legal basis for Facebook’s processing, can be found in Facebook’s data policy at: https://www.facebook.com/about/privacy

You can change your Facebook settings for advertising here: https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen 

Using the LinkedIn Insight Tag

On our website we use the LinkedIn Insight Tag of the LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Ireland. When you access our website, you are redirected to LinkedIn via a Re-Direkt. The following data can be forwarded:

• Unique Cookie ID

• Accessed website

• Time

LinkedIn can mark the device you are using with a cookie and a unique identifier or recognise any existing cookie. If you are logged into LinkedIn, this data can be used to display targeted advertising for us on the LinkedIn pages. The data is also processed by LinkedIn in the USA. A transfer of your data to the USA will only take place after your express consent. The legal basis for the storage of the cookie and forwarding of the data to LinkedIn is the consent given (Art. 6 para. 1 sentence 1 lit. a GDPR). You can revoke your consent at any time in our cookie settings. The further evaluation of the collected data is the responsibility of LinkedIn.

Further information and LinkedIn’s privacy policy can be found at: https://www.linkedin.com/legal/privacy-policy?trk=lithograph_footer-privacy-policy

Status of the declaration: 01.09.2021