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Privacy policy –awork partner

Status: 21/06/2021

Information on data protection through our processing of personal data in the context of the awork ambassador program in accordance with Art. 13, 14, and 21 of the General Data Protection Regulation (GDPR)                  

General information

Privacy policy  – General information

Status: 08/18/2021

Preamble

Dear visitor, applicant, contractual partner, interested party,

in accordance with the specifications of Art. 13, 14, and 21 of the General Data Protection Regulation (GDPR), we hereby inform you about the processing of your personal data as well as your associated data protection rights. Which data is processed individually and used in a certain fashion is based substantially on the requested or agreed-upon services. In order to guarantee that you are informed to the full extent about the processing of your personal data in the framework of the fulfillment of a contract or the carrying out of precontractual measures, please take into account the following information.

Responsible party

Company:                               awork GmbH

Street no.:                               Großer Burstah 36/38

Postal code, City, Country:  20457 Hamburg, Germany

Trade register no.:                HRB Hamburg 172 488

Manager:                               Daniel Tobias Hagenau, Nils Lukas Czernig, Lucas Alexander Bauche

Phone number:                     +49 40 88215330

Email address:                      [email protected]

Data protection officer

Company:                            PROLIANCE GmbH

Street no.:                             Leopoldstr. 21

Postal code, city, country:  80802 Munich, Germany

Email address:                     [email protected]

Website:                                www.datenschutzexperte.de

General information

We process your personal data in line with the provisions of the European General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). Insofar as personal data is required for the initiation or carrying out of a contractual relationship or in the course of the carrying out of precontractual measures, a processing according to Art. 6 Par. 1 let. b GDPR is legal.

If you grant us an exclusive consent for the processing of personal data for certain purposes (e.g. transfer to third parties, evaluation for marketing purposes or promotional addresses by email), the legality for this processing is given on the basis of your consent in accordance with Art. 6 Par. 1 let. a GDPR. A granted consent can be revoked at any time with effectiveness for the future.

As far as is necessary and legally permissible, we will process your data for the actual contractual purposes for the fulfillment of legal obligations in accordance with Art. 6 Par. 1 let. c GDPR. Furthermore, a processing takes place if necessary for the protection of authorized interests by us or by third parties as well as the defense and assertion of legal claims in accordance with Art. 6 Par. 1 let. f GDPR. If necessary, we will inform you separately specifying the authorized interest, insofar as this is legally prescribed.

Your rights

In the following you will find information on which rights of affected persons the valid data protection right grants you toward the responsible party with regard to the processing of your personal data:

The right, in accordance with Art. 15 GDPR, to demand information about your personal data which we are processing. In particular, you can demand information about the purposes of the processing, the category of personal data, the categories of receivers toward whom your data was or is disclosed, the planned storage length, the existing of a right to correction, deletion, limitation of the processing or contradiction, the existence of a right to appeal, the origin of your data insofar as this was not levied by us, as well as about the existence of an automated decision-making including profiling and if necessary meaningful information on their particulars.

The right, in accordance with Art. 16 GDPR, to demand immediately the correction of incorrect or the completion of your personal data stored by us.

The right, in accordance with Art. 17 GDPR, to demand the deletion of your personal data stored with us, insofar as the processing is not necessary for the exercise of the right to a free expression of opinion and information on the fulfillment of a legal obligation for reasons of public interest or for the assertion, exercise, or defense of legal claims.

The right, in accordance with Art. 18 GDPR, to demand the limitation of the processing of your personal data, insofar as the accuracy of the data is contested by you, the processing is illegal, but you reject its deletion and we no longer need the data, but you need this for the assertion, exercise, or defense of legal claims, or you have filed an objection against the processing in accordance with Art. 21 GDPR.

The right, in accordance with Art. 20 GDPR, to receive the personal data which you have provided to us in a structured, common, and machine-readable format, or to demand the transfer to another responsible party.

The right, in accordance with Art. 77 GDPR, to lodge a complaint with a supervisory authority. In general, for this you can turn to the supervisory authority of the federal state of our above-named seat or if necessary to our usual residence or place of work.

The right to revocation of granted approvals in accordance with Art. 7 Par. 3 GDPR: You have the right to revoke a once-issued approval in the processing of data at any time with effect for the future. In the case of revocation, we will immediately delete the affected data, insofar as a further processing cannot be supported on a legal basis of processing without approval. Through revocation of approval, the legality of the processing that has taken place based on the approval until its revocation is not affected.

Right of appeal

Insofar as your personal data is processed by us on the basis of authorized interest in accordance with Art. 6 Par. 1 S. 1 let. f GDPR, in accordance with Art. 21 GDPR, you have the right to introduce an objection against the processing of your personal data, insofar as this takes place for reasons that result from your particular situation. Insofar as your objection against the processing of personal data is oriented toward the purposes of direct advertising, you have a general right of appeal without the requirement of indicating a special situation.

If you would like to make use of your right to revocation or objection, an email to the above-listed contact address is sufficient.

Automated decisions in accordance with Art. 22 GDPR

The affected person has the right to not be subjected to a decision resting exclusively on an automated processing – including profiling – that opens him up to legal effect or influences him substantially in a similar fashion.

This does not apply if the decision

  1. is necessary for the conclusion or the fulfillment of an agreement between the affected person and us,
  2. is permitted based on legal specifications of the union or member states to which we are subject and these legal specifications contain appropriate measures for the safeguarding of the rights and freedoms as well as the authorized interests of the affected person or
  3. takes place with the express approval of the affected person.

These decisions may not rest on special categories of personal data in accordance with Art. 9 Par. 1 GDPR, insofar as Art. 9 Par. 2 let. a or g GDPR does not apply and appropriate measures for the protection of the rights and freedoms as well as authorized interests of affected parties have been met.

In the cases named under Figures a) and c) we reach appropriate measures to preserve the rights and freedoms as well as the authorized interests of the affected person, whereby at least the right exists to the obtaining of the intervention of a person on our side, to the explanation of their own position, and the challenge of the decision.

Legal obligations

The provision of personal data for the decision about a contractual conclusion, the fulfillment of the contract or carrying out of precontractual measures takes place voluntarily. We can however only make the decision in the course of contractual measures, insofar as they indicate such personal data that are necessary for the conclusion of the contract, the fulfillment of the contract, or precontractual measures.

Right of modification

We reserve the right to adjust or to update this data protection declaration if necessary considering the valid data protection regulations. In this way, we can adjust the current legal requirements and take into account changes to our services, e.g. in the introduction of the new services. The respectively most current version always applies for your concerns.

Contractual relationship and commission payment

Purpose of the processing

Under the framework of our ambassador program, we pay contractual partners a commission for the successful placement of new customers. To fulfill this contractual relationship, we process personal data.

Categories of personal data

We only process such data that we receive transmitted in the course of registration, establishment of contact, and via the affiliate online software we use and that is in connection with the ambassador program.

This is general data on your person (name, address, contact data, employment), contact information for the payment transactions (PayPal accounts, if not a resident of Germany, VAT ID) as well as, if necessary, further data, which we receive in connection with the ambassador registration.

Through the use of the service First Promoter (see below) data such as IP, time stamp as well as cookies are processed.

Necessity for the provision of personal data

The provision of data in the course of the ambassador program is done voluntarily. We can make possible a partnership as well as the payment of commissions, however, only if personal data is provided.

Legal bases of the processing

The legal basis is a processing to fulfill the contract or to carry out precontractual measures according to Art. 6 Par. 1 let. b GDPR.

Furthermore, we can process personal data from you insofar as this is necessary for the fulfillment of legal obligations (Art. 6 Par. 1 let. c GDPR) or for the defense or enforcement of legal claims. The legal basis for this is Art. 6 Par. 1 let. f GDPR.

Recipient of the data

We transfer the personal data from our company only to the areas and persons that require this data to fulfill their contractual and legal obligations or to implement our authorized interests.

For the management of the affiliate partners as well as for the invoicing and payment processing we use the service First Promoter. First Promoter is an affiliate and referral tracking service for SaaS and e-commerce of the Igil Webs SRL.

First Promoter

Igil Webs SRL

Street Talmacelului, no. 30,

Talmaciu, Sibiu, Romania

Length of the data storage

We store your personal data only as long as this is necessary for the ambassador partnership. Moreover, we store your personal data only insofar as this is necessary legally or in a concrete case for the enforcement, exercise, or defense of legal claims for the length of a legal dispute.

Updates and advertising

Purpose of the processing

In the course of our ambassador program, we regularly update you about updates and send you emails for advertising purposes.

Categories of personal data

In connection with this, we process your email address, as well as names and further information that we have received during the course of the registration for the ambassador program in order to personalize the content.

Moreover, the performance measurement of the email campaign takes place, in which the opening of the email as well as clicks of links are recorded. In this, likewise, the IP address as well as the time of the retrieval are recorded.

Legal bases of the processing

The legal basis rests on the basis of the consent in accordance with Art. 6 Par. 1 let. a GDPR for the processing of data in the course of the awork ambassador program.

Recipient of the data

For the sending of email, we use the service First Promoter. First Promoter is an affiliate and referral tracking service for SaaS and e-commerce of the Igil Webs SRL.

First Promoter

Igil Webs SRL

Street Talmacelului, no. 30,

Talmaciu, Sibiu, Romania

Length of the data storage

We store your personal data only until the consent for the processing is revoked, insofar as a longer storage is not legally necessary or permitted. Moreover, we store your personal data only insofar as this is necessary legally or in a concrete case for the enforcement, exercise, or defense or legal claims for the length of a legal dispute.

Rights/revocation

The subscription to the newsletter can be terminated at any time. For this purpose, in each newsletter there is a corresponding link to unsubscribe. Alternatively, you can revoke your consent at any time via [email protected].