{"id":13177,"date":"2021-11-26T16:27:34","date_gmt":"2021-11-26T16:27:34","guid":{"rendered":"https:\/\/www.webgains.com\/public\/?page_id=13177"},"modified":"2022-12-20T10:21:34","modified_gmt":"2022-12-20T10:21:34","slug":"privacy-2","status":"publish","type":"page","link":"https:\/\/www.webgains.com\/public\/en\/privacy-2\/","title":{"rendered":"Privacy Policy 2022"},"content":{"rendered":"\n
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Webgains Privacy Policy: General Data Protection Notice<\/a><\/div>\n<\/div>\n\n\n\n
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Webgains Privacy Policy: Webgains.com – Cookies<\/a><\/div>\n<\/div>\n<\/div><\/section>\n\n\n\n
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Data protection instructions for data processing <\/strong>within the business activities of Webgains\u00a0<\/strong>\u00a0<\/h4>\n\n\n\n
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Webgains provides what is known as an affiliate marketing platform. Advertisers can register with this Webgains platform and submit online advertising (\u201cads\u201d). In parallel, \u201cpublishers\u201d also register with Webgains. Their task is to take the advertising content placed by the advertisers and disseminate it on the Internet. They might do this, for example, on their own websites or in their newsletters. The task of Webgains is to bring advertisers and publishers together, record the orders brokered for the advertisers and to handle the remuneration for the publishers. In addition, the advertisers must pay a sales-based remuneration to Webgains.  <\/p>\n\n\n\n

A case study: a publisher has a blog on the theme of e-bikes, in which they discuss the latest developments. They register as a publisher with Webgains, receive access to the advertising submitted for e-bikes and incorporate the advertising provided into their blog. If a visitor to the blog clicks on this advertising, they will be taken to the advertiser. There the visitor can look at the details of the advertised item and potentially buy it. On behalf of the advertisers, Webgains records publishers\u2019 brokerage activities and produces appropriate reports for each advertiser. Webgains receives details of a publisher\u2019s brokerage activities from the advertiser so that it can invoice its own services and the publisher\u2019s brokerage services on the basis of this data.  <\/p>\n\n\n\n

The data-processing activities on which the business activity is based have been optimised with respect to the GDPR and developed in a privacy-friendly way. See below for more details. <\/p>\n\n\n\n

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I. Who is the \u201ccontroller\u201d with responsibility for the processing of the personal data?<\/strong>
What is the scope in which the processing of the personal data takes place?\u00a0<\/strong><\/p>\n\n\n\n

Use of the Webgains affiliate marketing platform, along with the subsequent data processing associated with the display of advertising and the later purchase of the advertised items, entails various responsibilities from a data-protection perspective. Not only the publishers but also the advertisers, as well as Webgains as the operator of the platform, work partly on their own responsibility and partly as part of a \u201cjoint control\u201d pursuant to Art. 26 GDPR. <\/p>\n\n\n\n

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1. On the publisher<\/p>\n\n\n\n

In the first instance, each publisher is itself responsible for the operation of the website\/blog on which it displays the advertising. With regard to the forwarding of an interested party\u2019s data after clicking on the website, there is a joint responsibility pursuant to Art. 26 GDPR with the relevant advertiser whose ads have been placed on the publisher\u2019s publication. Both parties have made an agreement pursuant to Art. 26 GDPR and inform each other about the scope of the data processing pursuant to Art. 12 et seqq. GDPR.\u00a0 \u00a0<\/p>\n\n\n\n

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2. On the shop operator\/advertiser<\/p>\n\n\n\n

Once the advertiser\u2019s landing page\/website or online shop has been accessed, the advertiser is itself responsible for the data processing in the first instance. Webgains provides the affiliate marketing platform to the advertiser. This platform enables advertisers to process the queries brokered by publishers. For example, it documents the cases in which there has been a purchase of a product after a brokerage activity by a publisher. The advertiser is responsible under data protection law for these data processing actions \u2013 including storing cookies once an affected party, or \u201cdata subject\u201d, has given their consent. Webgains becomes active on behalf of the advertiser as the \u201cprocessor\u201d (see Art. 28 GDPR). The advertiser informs the affected parties, or \u201cdata subjects\u201d, of these data processing actions separately on its website. In addition, data subjects receive further information here on how to contact the advertiser.\u00a0<\/p>\n\n\n\n

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3. On the data processing by Webgains<\/p>\n\n\n\n

The following data processing actions by Webgains take place under Webgains\u2019 own data protection responsibility. The controller \u2013 unless otherwise specified \u2013 is:<\/p>\n\n\n\n

Webgains Limited, 1st Floor South, The Quorum, Bristol, BS1 3AE\u00a0<\/p>\n\n\n\n

You can find further details of the company on the Company Details page at https:\/\/www.webgains.com\/public\/en\/webgains-company-details\/<\/a> <\/p>\n\n\n\n

In the event of questions about the processing of your personal data as part of the affiliate marketing platform or on the subject of data protection, please contact support@webgains.com. <\/p>\n\n\n\n

You can contact the data protection officer, Dr. Stefan Drewes, at datenschutz@webgains.de<\/a> <\/p>\n\n\n\n

Webgains has signed data protection contracts with both the advertiser and the publisher concerning the use of the affiliate marketing platform. Advertisers are required to pay a remuneration to Webgains for the use of the platform. This remuneration also includes the amount due to the publisher. Under contract law, Webgains is required to pay the publisher its commission for successful brokerage activities and to calculate in advance the due amount of this commission. In order to calculate the remuneration for the sales brokered by a publisher, the advertiser sends details to Webgains on signature of contract. These must include the following:<\/p>\n\n\n\n