The privacy of your personal data is important to us. This Policy has the purpose of providing an overview of the acts of processing of Personal Data you provide to participate in the Textmagic Affiliate Program.
Textmagic informs you that you may freely determine whether you wish to provide the Personal Data necessary to participate in the Affiliate Program. You are neither legally nor contractually obliged to provide Textmagic with the Personal Data specified in this Policy. The refusal to provide us with certain Personal Data will result in the impossibility of your participation in the Affiliate Program.
1. General Definitions
|„Textmagic“, „we“ or „us“
|Textmagic AS, with registry code 16211377 and address at Mõisa 4, 13522 Tallinn, Estonia
|„Data Subject,“ “Affiliate” or „you“
|a natural person who has filled out a Registration Form and accepted the terms for the enrolment into Textmagic Affiliate Program
|regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data
|any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. Personal Data processed by Textmagic is described under Section 3 of this Policy.
|any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
|a person who alone or jointly with others, determines the purposes and means of the Processing of Personal Data
|a person who Processes Personal Data on behalf of the Controller.
|Textmagic’s Affiliate program, available on our website at: https://www.textmagic.com/sms-affiliate-program/
|any form for enrollment, registration form, or other signup or acceptance form submitted by you in order to enroll into our Affiliate Program.
|the remuneration payable to you by Textmagic under the Affiliate Program.
|Affiliate Program Terms and Conditions
|The terms applicable to your participation in the Affiliate Program available on the website: https://www.textmagic.com/affiliate-terms-and-conditions/
2. The Controller of Data Subject’s Personal Data
Textmagic as the service provider is considered as a Controller in relation to any Data Subjects’ Personal Data collected and processed via the Affiliate Program. This Policy regulates the Personal Data Processing activities which are solely performed by Textmagic.
3. Personal data
We process the following Personal Data about the Data Subject:
- (a) Personal Details – full name (surname and given name), gender, age, postal address;
- (b) Contact Details – e-mail address, mobile phone number;
- (c) Promotion Details – Affiliate’s websites, social media channels, other information about platforms where the Affiliate promotes Textmagic under the Affiliate Program;
- (d) Commissions Details – number of purchases by persons that were directly referred to Textmagic by the Data Subject under and in accordance with the Affiliate Program Terms and Conditions, the revenue generated by Textmagic through such purchases, and the Commissions payable for such purchases to the Affiliate;
- (e) Payment details – Affiliate’s payment information, such as payment method, PayPal account information, bank account details, tax identification number, tax information;
4. Sources of Personal Data Collection
We are processing mainly the Personal Data which is submitted to us directly by the Data Subject.
5. Processing Purposes and Legal Ground
We are processing the Data Subjects’ Personal Data on the following legal grounds:
- Processing is necessary for the performance of a contract to which the Data Subject is party or in order to take steps at the request of the Data Subject prior to entering into a contract (GDPR article 6 (1) (b));
- Processing is necessary for the purposes of the legitimate interests pursued by us (GDPR article 6 (1) (f));
- Data Subject has given consent to the Processing of his Personal Data (GDPR article 6 (1) (a)).
Processing purposes and legal ground for the Processing activity is described more specifically in the schedule below.
|PURPOSES OF PROCESSING
|LEGAL GROUND FOR PROCESSING
|Enabling the Data Subject to enroll in the Affiliate Program. We Process the Personal Data you provide in the Registration Form, including Personal Details, Contact Details and Promotion Details, to evaluate your fitness to join our Affiliate Program and to register you as our Affiliate.
|GDPR article 6 (1) (b) – Processing is necessary to take steps at the request of the Data Subject prior to entering into a contract.
|Personal Data may be processed during the course of the contractual relationship and 3 years thereafter.
Enabling the Data Subject to participate in the Affiliate Program.
We process your Personal Details, Contact Details and Promotion Details to create and maintain your affiliate account and provide you affiliate with links and materials to enable you to promote Textmagic under the Affiliate Program Terms and Conditions.
We process your Commissions Details to keep track of the revenue earned through your participation in the Affiliate Program to be able to calculate and keep track of the Commissions payable to you.
We process your Payment Details in order to make Commissions payments to you in accordance with the Affiliate Program Terms and Conditions.
We may also Process your Personal and Contact Details to contact you for administrative communications regarding your participation in the Affiliate Program and to handle your complaints and requests.
|GDPR article 6 (1) (b) – Processing is necessary for the performance of a contract to which the Data Subject is party.
|Personal Data may be processed during the course of the contractual relationship and 3 years thereafter
|Ensuring the Data Subject’s compliance with the Affiliate Program Terms and Conditions. We may Process your Promotion Details to verify and ensure that you promote Textmagic in accordance with the Affiliate Program Terms and Conditions and do not breach any of the rules and limitations set out therein.
|GDPR article 6 (1) (f) – Processing is necessary for the purposes of the legitimate interests pursued by the Controller.
|Personal Data may be processed during the course of the contractual relationship
|Analyzing and improving our business. We may Process your Promotional Details and Commissions Details to analyze and improve our business, including measuring and analyzing engagement with the promotional materials and interest in our services, as well as tailoring content and promotional materials.
|GDPR article 6 (1) (f) – Processing is necessary for the purposes of the legitimate interests pursued by the Controller
|Personal Data may be processed during the course of the contractual relationship; thereafter, Personal Data may only be Processed if it is Pseudonymized
|Sending promotional information. Only with your consent, we may Process your Contact Details to send you promotional information related to the Affiliate Program or Textmagic’s services, including to introduce new services and possibilities in the Affiliate Program to you.
|GDPR article 6 (1) (a) – Data Subject has granted a consent to the Processing of his Personal Data
|Personal Data may be processed until the given consent is revoked
6. Automated decision making
Automated decision making refers to a decision which is taken solely on the basis of automated Processing of the Data Subject’s Personal Data. This means Processing using, for example, software code or an algorithm, which does not require human intervention.
We do not process the Data Subject’s Personal Data within the scope of exclusively automated processing for the purpose of making decisions without human intervention.
7. Transfer of Personal Data
We may transfer the Data Subject’s Personal Data to third parties, such as:
- legal and regulatory authorities;
- server hosts who host our servers;
- communication service providers who facilitate e-mails, and other communication between Textmagic and the Data Subject;
- customer support and customer management service providers;
- marketing service provider;
- payment service providers;
- other parties involved with Textmagic’s business activities (accountants, auditors, lawyers, IT systems suppliers and support, or any other outsourcing providers);
- Textmagic’s affiliates, i.e. any company that directly or indirectly controls Textmagic; any company that is directly or indirectly controlled by Textmagic; or any company that is controlled, directly or indirectly, by the ultimate parent company of Textmagic. Control shall mean owning more than fifty percent of the voting rights in a company or otherwise having the power to govern the financial and the operating policies or to appoint the management of a company.
Textmagic has taken steps to ensure that these data recipients protect the confidentiality and security of Personal Data, and to ensure that Personal Data is Processed only for the purposes set out in this Policy and in compliance with applicable law.
We will take appropriate legal, organizational, and technical measures to protect Personal Data consistent with applicable privacy and data security laws. Security measures shall be applied in order to protect Personal Data from involuntary or unauthorized Processing, disclosure or destruction.
Upon transferring Personal Data to third parties, we will apply the following safeguards:
- (a) We will enter into a data processing agreement with the relevant third party;
- (b) We will make sure that such third party undertakes to implement appropriate technical and organizational measures ensuring the Processing of the Data Subject’s Personal Data in accordance with this Policy and applicable law;
- (c) We will make sure that (a) the third party is established in a jurisdiction which the European Commission has recognized as ensuring an adequate level of personal data protection, or (b) the Processing of the Data Subject’s Personal Data is subject to other appropriate safeguards stipulated in the GDPR.
9. Integrity and Retention of the Personal Data
We will retain Personal Data for the period required or permitted by applicable law, but no longer than is reasonably necessary in order to achieve the purposes for which the Personal Data was collected.
We will take reasonable steps to ensure that the Personal Data we Process is reliable for its intended use, accurate, and complete as necessary to carry out the purposes described herein.
10. The Data Subject’s rights regarding the processing of Personal Data
The Data Subject has the following rights in relation to the processing of his Personal Data:
- (a) Request information – all data protection related information which the Data Subject has right to receive is provided in this Policy. The valid version of the Policy is at all times available on our website.
- (b) Right to access – Data Subject has the right to ask us to provide a copy of the Data Subject’s Personal Data which we Process.
- (c) Right to Rectification – Data Subject has the right to ask us to rectify Personal Data in case the data is incorrect or incomplete.
- (d) Right to Erasure – Data Subject has the right to ask us to erase Personal Data, unless we have obliged to continue Processing the Data Subject’s Personal Data under law or under a contract between the Data Subject and us, or in case we have other lawful grounds for the continued Processing of Personal Data.
- (e) Right to Restriction – Data Subject has the right to ask us to restrict the Processing of his Personal Data in case the data is incorrect or incomplete or in case his Personal Data is Processed unlawfully.
- (f) Right to Data Portability – Data Subject has the right to ask us to provide the Data Subject or, in case it is technically feasible, a third party, his Personal Data, which the Data Subject has provided to us, and which is Processed in accordance with The Data Subject’s consent or a contract between the Data Subject and us.
- (g) Right to Object – Data Subject has the right to object to Processing his Personal Data in case there is a reason to believe that we have no lawful grounds for Processing the Personal Data.
- (h) Right to withdraw Consent for the Processing of Personal Data – Data Subject is entitled to withdraw the consent granted for the Processing of Personal Data et any time. Withdrawal does not affect the lawfulness of the Processing conducted before the withdrawal.
- (i) Right to File Complaints – Data Subject has the right to file complaints regarding Processing of his Personal Data.
In order to exercise any rights referred to herein, the Data Subject is required to submit a written application to us (contact details can be found under Section 12). We have the right to decline this application by justifying the reasons for the refusal.
According to the article 12(3) of GDPR, we are obligated to respond to the application within 1 month. However, we will make its best efforts to respond to the Data Subject’s request within 1 week.
11. Right to amend this Policy
We are entitled to unilaterally amend this Policy from time to time. Upon amending the Policy, we will notify the Data Subject about the terms by publishing the amended Policy on our website. In case the new terms refer to Processing of the Data Subject’s Personal Data for any new purpose, which requires the Data Subject’s consent, then we will not Process Personal Data for such new purpose, before it has received respective consent.
12. Contact Information
Should the Data Subject have any questions regarding this Policy or Processing of Personal Data, they are welcome to contact us with requests, inquiries, or any complaints via email: [email protected]