Please find Webgains' GDPR and website (incl. cookies) privacy policies below
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 firstname.lastname@example.org.
The data protection officer Dr. Stefan Drewes can be reached as follows: email@example.com.
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:
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 firstname.lastname@example.org.
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:
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: email@example.com
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