Privacy Policy

5DM.cz, s.r.o., with registered office at Újezd 450/40, 118 00 Praha 1 – Malá Strana, Company ID: 24818046, VAT ID: CZ24818046, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 177098 (hereinafter “5DM”) as the operator of the AffiliateClub.cz and AffiliatePort.eu services operated at the internet addresses affiliateclub.cz and affiliateport.eu values your trust and simultaneously honors and respects the highest standards of personal data protection, including compliance with principles and rules established by legal regulations in the field of personal data protection (including EU Regulation No. 2016/679 on the protection of natural persons with regard to the processing of personal data).

Therefore, 5DM as the operator of the websites affiliateclub.cz and affiliateport.cz (hereinafter “Websites”) takes the liberty of informing you about the processing of your personal data described below and privacy protection principles, should you use the services we offer on the Websites (hereinafter “Policy”).

What will we inform you about in this Policy?

You will learn the following information in particular:

  • who is the controller of your personal data;
  • what personal data of yours we will process;
  • for what purposes we will process your personal data, on what basis we can process it, and whether we can process it without your consent;
  • for how long we will process your personal data;
  • to whom else your personal data may be transferred;
  • what rights you have in relation to your personal data.

1. Who is the controller of your personal data?

1.1 The controller of your personal data is 5DM and will process your personal data according to the conditions stated below.

2. What personal data of yours will we process?

2.1 Personal data means information about you based on which you can be directly or indirectly identified. 5DM processes only personal data that you provide to us in connection with using our services.

2.2 Most often, this concerns data that you provide to us as part of registration for our service and for its full use:

  • first and last name;
  • email;
  • bank details;
  • telephone number;
  • and other optional information that you tell us yourself within your user profile (e.g., billing information).

2.3 If you log in to our service through third-party data (e.g., Facebook), these applications allow us to share some of your data to the extent determined by them (e.g., for Facebook, this includes email and data from your public profile). For more detailed information, please study the terms of these third parties, including their privacy policies.

2.4 This also concerns data that we obtain when you use our services, namely:

  • details about how you used our service;
  • IP address;
  • cookies;
  • and possibly other online identifiers (e.g., login credentials).

2.5 We do not require sensitive data, which means information about you indicating national, racial or ethnic origin, political attitudes, trade union membership, religion and philosophical beliefs, criminal convictions, health status and sexual life of the data subject and genetic data of the data subject, or any biometric data that enables direct identification or authentication of the data subject, and you are not obligated to provide it. If you do so, i.e., provide us with any sensitive data, you do so voluntarily at your own discretion.

2.6 Our websites, nor the services we provide on them, are not intended for children under 16 years of age. We do not process personal data of children under 16 years of age.

3. For what purposes will we process your personal data, on what basis will we process it, and can we process it without your consent?

3.1 The main purposes for which we process your personal data are:

  • so that you can fully use the services in which you have expressed interest (including informing about new campaigns in the affiliate network) – this concerns personal data that you provide to us and that we obtain when you use our services;
  • so that we can manage your user accounts – this concerns personal data that you provide to us and that we obtain when you use our services;
  • so that we can ensure and continuously improve the functionality and security of websites (including the Shoptet plugin, API interface, etc.) and services provided on them, including ensuring the security of your personal data – this concerns personal data that we obtain when you use our services.

3.2 We further process your personal data for the following purposes:

  • improving the quality of our services, their content and development of new ones – this concerns personal data that we obtain when you use our services;
  • protection of our rights – this concerns personal data that you provide to us and that we obtain when you use our services;
  • and for statistical purposes (in this context, your data is usually aggregated so that your identity cannot be determined) – this concerns personal data that we obtain when you use our services.

3.3 We can process your personal data either based on your consent, or also based on our legitimate interest or to fulfill a contract concluded between us, and this to the extent of personal data that is necessary for such fulfillment. At the same time, the reason allowing us to process your personal data even without your consent is the fulfillment of obligations arising for us from law. Specific purposes for which we carry out individual processing of your personal data are stated above.

3.4 If we process your personal data without your consent, we process it only for these legal reasons:

  • necessity of contract performance, if it concerns the use of our services that you have begun to use purposefully (in which you have registered);
  • processing that is necessary for the purposes of our legitimate interests (e.g., protection of our rights, improving the quality of our services, their content and development of new ones, ensuring functionality and security of Websites and services provided on them, including ensuring the security of your personal data, for statistical purposes or for direct marketing);
  • fulfillment of legal obligations that arise for us from generally binding legal regulations.

The possibility and legality of such processing follows directly from valid legal regulations and we do not need your consent to process personal data for these purposes. Processing for some direct marketing purposes may also be based on your consent (e.g., if you do not fully use our services).

3.5 If we process your personal data based on your consent, this processing is not necessarily necessary for contract performance or legal obligations or protection of legitimate interests of 5DM, but their processing will allow us to inform you more closely about offers if you do not fully use our services, or also to focus better on what interests you and inform you about offers that are advantageous for you. This personal data is processed in case of granting consent and may be processed for the duration of validity of this consent (this does not affect the legality of processing based on consent that was given before its revocation). This concerns:

  • processing of your personal data for the purpose of sending advantageous offers of products and services of 5DM or third parties (especially public or hidden campaigns and educational events). The scope of processed personal data is stated directly in the text of the consent.

4. For how long will we process your personal data?

4.1 We will process your personal data only for the necessarily necessary time needed for the purposes of their processing. We continuously check whether there continues to be a need to process certain personal data needed for a certain purpose and if we find that they are no longer needed for any of the purposes for which they were processed, we will destroy or anonymize your personal data. Basic periods for processing personal data are stated below.

4.2 Your personal data necessary for using our services will be processed for the time necessary for the exercise of rights and obligations between you and 5DM and for asserting claims from these contractual relationships (i.e., for a period of 24 months after termination of the contractual relationship between us). Your personal data processed based on your consent will be processed for the duration of the contractual relationship between us and for another 12 months thereafter or until you revoke it.

4.3 Subsequently, usually only basic identification data, data about granting/revoking consent and data about the reason why the registration was terminated are stored for a reasonable time.

5. How do we secure your personal data and to whom else may your personal data be transferred?

5.1 Your personal data is safe with us, where protection of your data is our priority and we collect and store your personal data in a secured database, where they are protected to the maximum possible extent using available modern technologies. You also acknowledge that 5DM will make maximum effort to prevent unauthorized processing of your personal data, however 5DM does not bear responsibility for possible unauthorized interventions by third parties, as a result of which these persons obtain unauthorized access to your personal data and/or to your profile and/or to the relevant 5DM database, and use, utilize, misuse or make these data available to third parties without authorization. In this connection, however, we assure you that we regularly check whether our system contains weak points and has not been exposed to attack and we use such security measures so that, if possible, unauthorized access to your personal data does not occur, and which, considering the current state of technology, provide sufficient security and we also regularly update these measures.

5.2 Your personal data is made available to 5DM employees and other collaborators in connection with fulfilling their work obligations, in which it is necessary to handle your personal data, always however only to the extent that is necessary in the relevant case and while observing appropriate security measures and personal data protection standards.

5.3 In addition, your personal data is transferred to third parties whose professional and specialized services we use in fulfilling our commitments and obligations. We carefully select these third parties from those subjects that are capable of ensuring appropriate technical and organizational measures so that unauthorized or accidental access to your personal data or their other misuse cannot occur. Before any transfer of your personal data to a third party, we always conclude a written contract with this person, in which we regulate the processing of personal data so that it contains the same guarantees for processing personal data that our company 5DM itself observes in accordance with its legal obligations. Third parties who may have access to your personal data are, depending on the service you use:

  • persons who ensure technical operation of a certain service for us or operators of technologies that we use for our services;
  • persons who ensure supportive technical or server services for us, among other things, for the purpose of sufficient security and integrity of Websites and provided services;
  • persons to whom we provide data for the purpose of analyzing website traffic;
  • persons who ensure technical operation of a certain service for us or operators of technologies that we use for our services;
  • operators of advertising systems in connection with targeted advertising;
  • persons who are or will be proprietarily connected with 5DM.

These third subjects may be companies with registered office both on the territory of the Czech Republic and with registered office in an EU member state, or possibly also with registered office in a third country, i.e., outside the EU (e.g., cloud service providers), whereby the transfer and processing of personal data in countries outside the territory of the European Union always occurs in accordance with valid legislation.

5.4 Your personal data will not be further transferred to any other persons except in cases where, under certain precisely defined conditions, we are obligated to transfer your personal data based on valid legal regulations (e.g., to the Police of the Czech Republic, relevant state administration bodies, courts, etc.).

6. What rights do you have in relation to your personal data?

6.1 We highly value your trust and also place considerable emphasis on the rights you have in relation to our processing of your personal data. If we have doubts about your identity, we may first ask you to provide additional information necessary to confirm your identity before we proceed to resolve your request regarding the exercise of one of your rights.

6.2 These rights include in particular:

  • right of access to personal data;
  • right to rectification of personal data;
  • right to erasure of personal data;
  • right to restriction of processing of personal data;
  • right to portability of personal data;
  • right to object to processing of personal data;
  • right to withdraw consent to processing of personal data;
  • right to file a complaint against processing of personal data.

6.3 So that you better understand the meaning and content of individual rights, we provide you with their closer explanation below:

  • right of access to personal data means that you have the right to obtain confirmation from us at any time based on a request whether personal data concerning you are or are not processed by us and if so, then especially for what purposes, to whom they are made available, how long they will be processed by us, whether you have the right to rectification, erasure, restriction of processing or the right to object, from where we obtained the personal data if they are not obtained from you, whether automated decision-making occurs, including profiling and in case that the rights and freedoms of other persons will not be adversely affected, also a copy of personal data;
  • right to rectification of personal data means that you have the right to rectification or completion of your personal data if they are inaccurate or incomplete;
  • right to erasure of personal data (“right to be forgotten”) means that you have the right for us to erase your personal data, especially if i) they are no longer necessary for the purposes for which they were collected or processed, ii) personal data were processed unlawfully, or iii) a legal obligation imposes this on us;
  • right to restriction of processing of personal data means that you have the right for us to restrict processing of your personal data until any possible disputed questions regarding processing of your personal data are resolved (e.g., during verification of accuracy of your personal data or if processing of your personal data is unlawful, but instead of their erasure you will require only restriction of their use, etc.);
  • right to portability of personal data means that if you provide us with your personal data in connection with a contract or based on consent and their processing is carried out automatically, you will have the right to obtain such data from us in a structured, commonly used and machine-readable format. If it is technically feasible, the data can also be transferred to a controller designated by you, if the person acting for the relevant controller is properly designated and it will be possible to authorize them;
  • right to object means that you will have the right to object to processing of your personal data that 5DM processes based on its legitimate interest;
  • right to withdraw consent to processing of personal data means that you have the right, where processing of personal data is based on your consent, to withdraw this consent at the contacts stated below.

Further information regarding your rights and conditions related to them is contained in legal regulations in the field of personal data protection (including EU Regulation No. 2016/679).

6.4 Regarding complaints against processing of your personal data, you can file it with the supervisory authority, which is the Office for Personal Data Protection, with registered office at Pplk. Sochora 27, 170 00 Praha 7 (www.uoou.cz).

7. How can you contact us?

7.1 If you want to have something explained in the Policy, or if you want advice about something in this regard, or if you want to exercise some of your rights, you can contact us at any time through the form on our Websites, or by email at info@affiliateclub.cz and info@affiliateport.eu.

We reserve the right to change this Policy at any time, whereby we will always state the date of the last change of this Policy. We will announce the new version of the Policy on the Web interface, or in another suitable way so that you can familiarize yourself with the current wording of the Policy without unreasonable difficulties.

This Policy is effective from May 1, 2019.

Contacts