Privacy Policy

General information on data protection

1. Overview

   We take the protection of your personal data very seriously and always treat it confidentially and in accordance with the statutory data protection provisions and this privacy policy.
   When you use our website and the services offered through it, various personal data is collected. Personal data is data by which you can be personally identified, e.g. e-mail addresses, names, telephone numbers, postal addresses. This privacy policy explains what data we collect and what we use it for. It also explains how and for what purpose this happens.
   We point out that data transmission over the internet (e.g. when communicating by e-mail) may have security gaps. Complete protection of data against access by third parties is not possible.
   With the following information we give you a simple overview of how we use your personal data when you visit our website <myfluence.co> or register as an influencer on our marketing platform on that website.

2. Who is responsible for the data collection on this website?

   Data processing on this website is carried out by the website operator as the controller within the meaning of the EU GDPR:
   
   CASA Media GmbH
   c/o Carano Software Solutions GmbH, Bornstraße 32, 12163 Berlin, GERMANY
   registered in the commercial register of the Local Court of Potsdam under reg. no.: HRB 30884 P
   represented by its managing director Christoph Krohn
   
   Contact:
   E-mail: support@myfluence.co
   
   The controller named above is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data

3. How do we collect your data?

   Your data is collected firstly by you providing it to us, e.g. via a contact form. Other data is collected automatically or with your consent when you visit our website, by our IT systems or those of our partners. This is primarily technical data (e.g. IP addresses, the internet browser used or the time of the page view). This data is collected automatically as soon as you browse our website

4. What do we use your data for?

   Some of the data collected is used in order to be able to guarantee our visitors and users an error-free and optimal provision of our website and the services offered through it. Other data is used to analyse user behaviour.

5. What rights do you have regarding your data?

   You have the right at any time to obtain information free of charge about the origin, recipients and purpose of your stored personal data. You also have a right to request the rectification or erasure of the data we use. If you have given consent to data processing, you may withdraw this consent at any time and without giving reasons, with effect for the future. You also have the right, under the conditions defined by law, to request the restriction of the processing of your personal data. Furthermore, you have a right to lodge a complaint with the data protection supervisory authority responsible for us. You can contact us at any time about this and about further questions on the subject of data protection. Further information on your rights is contained in this privacy policy.

6. Analysis tools and third-party tools

   When you visit our website, your browsing behaviour may be analysed statistically. This is done primarily using so-called analysis and tracking tools. Further information on this is likewise contained in this privacy policy.

External hosting

Mandatory data protection information

1. Storage period

   Unless a specific storage period for personal data is stated within this privacy policy, your personal data remains with us until the purpose for the data processing ceases to apply. If you assert a justified request for erasure or withdraw consent to data processing, your data will be erased unless we have other legally permissible grounds for storing your personal data (e.g. retention periods under tax or commercial law); in the latter case, erasure takes place after those grounds cease to apply or the corresponding statutory retention periods expire.

2. General information on the legal bases for data processing on this website

   1. Consent
      
      Insofar as we obtain your consent for processing operations involving personal data, Art. 6(1)(a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis for the processing of personal data, or Art. 9(2)(a) GDPR where special categories of data pursuant to Art. 9(1) GDPR are processed. In the case of express consent to the transfer of personal data to third countries, the data processing is additionally carried out on the basis of Art. 49(1)(a) GDPR. If you have consented to the storage of cookies or to access to information on your device (e.g. via device fingerprinting), the data processing is additionally carried out on the basis of § 25(1) TTDSG. Consent can be withdrawn at any time.
   
   
   2. Necessity for the performance of a contract
      
      Where the processing of personal data is necessary for the performance of a contract to which you are a party, Art. 6(1)(b) GDPR serves as the legal basis. This also applies to processing operations that are necessary for carrying out pre-contractual measures.
   
   
   3. Legal obligation
      
      Insofar as processing of personal data is necessary for compliance with a legal obligation to which we are subject, Art. 6(1)(c) GDPR serves as the legal basis.
   
   
   4. Legitimate interest
      
      If the processing is necessary to safeguard a legitimate interest of our company or of a third party, and if your interests, fundamental rights and fundamental freedoms do not override the former interest, Art. 6(1)(f) GDPR serves as the legal basis for the processing.

3. Note on data transfer to US companies

   Among other things, we use tools from companies based in the USA whose providers may not be certified under the EU-US Data Privacy Framework (DPF). When these tools are active, your personal data may be transferred there and processed there. We point out that, as a safe third country, the USA generally has a level of data protection comparable to that of the EU. A data transfer to the USA is accordingly permissible if the recipient holds a certification under the "EU-US Data Privacy Framework" (DPF) or has suitable additional safeguards in place. Information on transfers to third countries, including the data recipients, can likewise be found in this privacy policy.

4. Recipients of personal data

   In the course of our business activities we work with various external bodies. This concerns above all cooperation with the partner companies that commission the marketing campaigns we arrange and that are to be carried out by the influencer registered with us. In some cases this also requires a transfer of personal data to these external bodies. We only pass on personal data to external bodies where this is necessary in the context of performing a contract, where we are legally obliged to do so (e.g. passing data to tax authorities), where we have a legitimate interest in the disclosure pursuant to Art. 6(1)(f) GDPR, or where another legal basis permits the data transfer. When using processors we pass on our users' personal data only on the basis of a valid data processing agreement. In the case of joint processing, an agreement on the joint processing of personal data is concluded.

5. Rights of the data subject

   If personal data relating to you is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller:
   
   
   1. Right of access
      
      Pursuant to Art. 15 GDPR you may request information about your personal data processed by us. In particular, you may request information about the purposes of processing, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right of complaint, the origin of your data if it was not collected by us, as well as about the existence of automated decision-making including profiling and, where applicable, meaningful information about the details thereof.
   
   
   2. Rectification
      
      Pursuant to Art. 16 GDPR you may request the rectification of inaccurate personal data or the completion of your personal data stored by us.
   
   
   3. Erasure
      
      Pursuant to Art. 17 GDPR you may request the erasure of your personal data stored by us, unless the processing is necessary for exercising the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest, or for the establishment, exercise or defence of legal claims.
   
   
   4. Restriction of processing
      
      Pursuant to Art. 18 GDPR you may request the restriction of the processing of your personal data insofar as the accuracy of the data is contested by you, the processing is unlawful but you refuse its erasure, we no longer need the data but you require it for the establishment, exercise or defence of legal claims, or you have lodged an objection to the processing pursuant to Art. 21 GDPR.
   
   
   5. Data portability
      
      Pursuant to Art. 20 GDPR you may request to receive the personal data you have provided to us in a structured, commonly used and machine-readable format. You may also request its transmission to another controller.
   
   
   6. Withdrawal
      
      Pursuant to Art. 7(3) GDPR you may withdraw consent to data processing once given at any time. The consequence of this is that we may no longer continue the data processing that was based on this consent in the future.
   
   
   7. Right to lodge a complaint
      
      Pursuant to Art. 77 GDPR you may lodge a complaint with a supervisory authority. As a rule you can contact the supervisory authority of your habitual residence or place of work, or of our company's registered office, for this purpose.
   
   
   8. Right to object
      
      Insofar as your personal data is processed on the basis of legitimate interests pursuant to Art. 6(1) sentence 1(f) GDPR, you have the right to object to the processing of your personal data pursuant to Art. 21 GDPR, insofar as there are grounds for this arising from your particular situation or the objection is directed against direct marketing. In the latter case you have a general right to object, which we must implement without you having to state a particular situation.
      
      If you would like to exercise any of the rights listed here, please contact us using the contact options stated above.

6. SSL/TLS encryption

   For security reasons and to protect the transmission of confidential content, such as enquiries that you send to us as the site operator, this site uses SSL or TLS encryption. You can recognise an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the padlock symbol in your browser line.
   
   When SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

Data collection on this website

1. Server log files

   When our websites are accessed, the browser used on your device automatically sends technical information to our server hosting service "Namecheap". This information is stored temporarily in a so-called log file. The following information is collected without any action on your part and stored until it is automatically deleted:
   
   
   • the IP address of the requesting computer,
   • the date and time of access,
   • the name and URL of the file retrieved,
   • the internal referrer URL,
   • further technical information, in particular so-called user agents, i.e. web browser or client information, HTTP client web server information, result of the request
   
   The data mentioned is processed by our server hosting service on our behalf for the following purposes:
   
   
   • ensuring a smooth connection to the website,
   • ensuring convenient use of our website,
   • evaluating system security and stability.
   
   The legal basis for the data processing is Art. 6(1) sentence 1(f) GDPR. Our legitimate interest follows from the purposes of data collection listed above.

2. Creating a user account

   As an influencer you can set up a user account on our online marketing platform, through which you can access your stored data and the data and information of the individual marketing campaigns at any time. When creating such a user account you enter your personal data into an input form and transmit it to us. The following data is collected and stored in the course of creating the account:
   
   
   • first and last name, company name where applicable
   • postal address
   • e-mail address
   • payment information (IBAN and BIC)
   • tax information for invoicing purposes (VAT ID, tax number)
   • social media accounts for checking and verification
   
   Creating an account on our online marketing platform serves the conclusion and performance (invoicing and payout) of the marketing campaigns arranged by us and bindingly carried out by you via your user account. The legal basis for the processing of the data is Art. 6(1)(b) GDPR.
   
   You can log in to your user account either with your e-mail address or using your Google profile login details. We reserve the right to implement further third-party login options (e.g. using an Apple ID or Facebook profile login details).
   
   The data is erased as soon as it is no longer necessary for achieving the purpose for which it was collected and the relevant retention obligations under tax and commercial law have expired. Even after the contract on the use of the platform has ended, it may be necessary to store personal data, in particular in order to comply with legal obligations. For tax purposes, retention periods of ten years apply (for invoices, books, records, accounting vouchers, etc.) or six years (for correspondence and other items), § 147(3) AO.
   
   As the holder of a user account you have the option at any time to close your account with effect for the future. However, the data processing for contracts already concluded via your account remains unaffected by this, i.e. your data will – where necessary – continue to be processed for the purposes of performing the contract and on the basis of statutory retention obligations even if you close your customer account. If your customer account is closed, we erase the data of your account with effect for the future and upon expiry of applicable notice periods, and your account is deactivated or blocked.
   
   You can update data stored in your user account at any time if it is no longer valid. To close an existing account with effect for the future or to update your stored data, please contact us using the contact options stated above or correct your data yourself in your password-protected account, insofar as this option is offered.

3. Cookies

   Our web pages use so-called "cookies". Cookies are small data packets and do no harm to your device. They are stored on your device either temporarily for the duration of a session (session cookies) or permanently (permanent cookies). Session cookies are automatically deleted at the end of your visit. Permanent cookies remain stored on your device until you delete them yourself or until they are automatically deleted by your web browser. Cookies may originate from us (first-party cookies) or from third-party companies (so-called third-party cookies). Third-party cookies enable the integration of certain services of third-party companies within web pages (e.g. cookies for processing payment services). Cookies have various functions. Numerous cookies are technically necessary, as certain website functions would not work without them (e.g. the shopping basket function or the display of videos). Other cookies may be used to analyse user behaviour or for advertising purposes. Cookies that are necessary to carry out the electronic communication process, to provide certain functions requested by you (e.g. for the shopping basket function) or to optimise the website (e.g. cookies for measuring the web audience) (necessary cookies) are stored on the basis of Art. 6(1)(f) GDPR, unless another legal basis is stated. The website operator has a legitimate interest in storing necessary cookies for the technically error-free and optimised provision of its services. Insofar as consent to the storage of cookies and comparable recognition technologies has been requested and obtained, the processing is carried out exclusively on the basis of that consent (Art. 6(1)(a) GDPR and § 25(1) TTDSG); consent can be withdrawn at any time. You can set your browser so that you are informed about the setting of cookies and allow cookies only in individual cases, exclude the acceptance of cookies for certain cases or in general, and activate the automatic deletion of cookies when the browser is closed. If cookies are deactivated, the functionality of this website may be limited.

4. Contact form

   If and as soon as it is possible for you to contact us via a contact form provided on our websites, the data you transmit there is stored:
   
   
   • name
   • e-mail address
   • enquiry/message (freely composed)
   
   No data is passed on to third parties in this context. The data is used exclusively for processing your enquiry or contact request. The legal basis for the processing of the data, where consent exists, is Art. 6(1)(a) GDPR. The legal basis for the processing of the data transmitted via the contact form is Art. 6(1)(f) GDPR. If the e-mail contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6(1)(b) GDPR.
   
   The data is erased as soon as it is no longer necessary for achieving the purpose for which it was collected. This is generally the case when the respective conversation with you has ended and the matter in question has been clarified. You have the option at any time to withdraw consent to the processing of your personal data provided via the contact form. A notification using one of the contact options stated above is sufficient for this purpose. In such a case the conversation cannot be continued. All personal data stored in the course of the contact request will be erased in that case. Mandatory statutory provisions – in particular retention periods – remain unaffected by this.

5. Enquiry by e-mail or telephone

   If you contact us by e-mail or telephone, your enquiry including all personal data arising from it (name, enquiry) is stored and processed by us for the purpose of dealing with your request.
   
   No data is passed on to third parties in this context. The data is used exclusively for processing your enquiry or contact request.
   
   The legal basis for the processing of the data, where consent exists, is Art. 6(1)(a) GDPR. The legal basis for the processing of data transmitted in the course of sending an e-mail without the user's consent is Art. 6(1)(f) GDPR. If the enquiry is aimed at concluding a contract, the additional legal basis for the processing is Art. 6(1)(b) GDPR.
   
   The data is erased as soon as it is no longer necessary for achieving the purpose for which it was collected. This is generally the case when the respective conversation with you has ended and the matter in question has been clarified. You have the option at any time to withdraw consent to the processing of the personal data you have provided to us. A notification using one of the contact options stated above is sufficient for this purpose. In such a case the conversation cannot be continued. All personal data stored in the course of the contact request will be erased in that case. Mandatory statutory provisions – in particular retention periods – remain unaffected by this.

Social media and data processing services

1. Facebook

   Elements of the social network Facebook are integrated into this website. The provider of this service is Meta Platforms Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland. According to Facebook, however, the data collected is also transferred to the USA and to other third countries.
   
   An overview of the Facebook social media elements can be found here.
   
   When the social media element is active, a direct connection is established between your device and the Facebook server. Facebook thereby receives the information that you have visited this website with your IP address. If you click the Facebook "Like button" while you are logged into your Facebook account, you can link the content of this website to your Facebook profile. Facebook can thereby associate your visit to this website with your user account. You can also log in to your existing account with us using your Facebook login details. We point out that we as the provider of the pages receive no knowledge of the content of the transmitted data or its use by Facebook. Further information on this can be found in Facebook's privacy policy.
   
   This service is used on the basis of your consent pursuant to Art. 6(1)(a) GDPR and § 25(1) TTDSG. Consent can be withdrawn at any time.
   
   Insofar as personal data is collected on our website using the tool described here and forwarded to Facebook, we and Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland are jointly responsible for this data processing (Art. 26 GDPR). The joint responsibility is limited exclusively to the collection of the data and its transfer to Facebook. The processing carried out by Facebook after the transfer is not part of the joint responsibility. The obligations incumbent on us jointly have been set out in a joint processing agreement. The wording of the agreement can be found here.
   
   According to this agreement, we are responsible for providing the data protection information when using the Facebook tool and for the data-protection-compliant implementation of the tool on our website. Facebook is responsible for the data security of the Facebook products. You can assert data subject rights (e.g. requests for information) regarding the data processed by Facebook directly with Facebook. If you assert data subject rights with us, we are obliged to forward them to Facebook. The data transfer to the USA is based on the European Commission's standard contractual clauses. Details of this can be found here, here and here.
   
   Meta holds a certification under the "EU-US Data Privacy Framework" (DPF). The DPF is an agreement between the EU and the USA intended to ensure compliance with European data protection standards for data processing in the USA. Every company certified under the DPF undertakes to comply with these data protection standards.
   
   You can obtain further information on this from the provider here.

2. Adjust

   On our website and in our mobile applications we use the analysis tool Adjust. The provider of this service is Adjust GmbH, Saarbrücker Str. 37a, 10405 Berlin, Germany. Adjust enables us and our partner companies to analyse the use of our mobile applications and to optimise marketing campaigns. Some of our partner companies that commission the marketing campaigns to be carried out by the influencer use Adjust to track the app downloads made in the context of the marketing campaign. When Adjust is used, pseudonymised data about the use of our services is collected and processed. Further information on this can be found in Adjust's privacy policy.

3. Appsflyer

   We use Appsflyer to analyse user behaviour and to optimise the marketing campaigns of our partner companies that we arrange. The provider of this service is AppsFlyer Ltd., 14 Maskit St, Herzliya, Israel. Some of our partner companies that commission the marketing campaigns to be carried out by the influencer use Appsflyer to track the app downloads made in the context of the marketing campaign. Appsflyer collects pseudonymised data about your use of our services and processes it for analysis purposes. Further information can be found in Appsflyer's privacy policy.

4. TUNE

   Our website uses the analysis tool TUNE to track marketing campaigns and to optimise the user experience. The tracking link with which we can track whether and to what extent the apps to be promoted by the user/influencer in the context of a marketing campaign are downloaded by the recipients of the advertising measure is generated by TUNE. The tracking of downloads via the generated link then serves the accounting of the remuneration due to the influencer for carrying out the marketing campaigns and is therefore necessary for the performance of the contract. In addition, data from the programs of the providers AppsFlyer and Adjust is consolidated using the software of the provider TUNE. The provider of the TUNE service is TUNE, Inc., 2220 Western Ave, Seattle, WA 98121, USA. TUNE collects and processes pseudonymised data about your use of our website and mobile applications. Further information can be found in TUNE's privacy policy.

5. Auth0 (incl. Google and Apple)

   For the secure management of user logins for registering and logging in to the user account on our platform with our users' Google or Facebook accounts or by means of an Apple ID, and for the corresponding authentications, we use the Auth0 service. The provider of this service is Auth0, Inc., 10800 NE 8th St, Suite 600, Bellevue, WA 98004, USA. Auth0 integrates services of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, and Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA, in order to enable logins via Google and Apple accounts. In doing so, Auth0 processes personal data such as login information and IP addresses in order to ensure secure and smooth use of our services. Further information can be found in the privacy policies of Auth0, Google and Apple.

6. Google Firebase

   We use Google Firebase, a cloud service of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, for storing PDF files. Google Firebase enables us to store and provide files securely. This data processing is carried out on the basis of your consent pursuant to Art. 6(1)(a) GDPR. Further information can be found in Google's privacy policy.

7. MySQL via Namecheap

   For hosting our databases we use MySQL, provided by Namecheap, Inc., 4600 East Washington Street, Suite 305, Phoenix, AZ 85034, USA. The data stored in our databases includes, among other things, user data arising in the course of registration and use of our services. Namecheap processes this data on our behalf and is subject to strict security precautions.
   
   Further information can be found in Namecheap's privacy policy