Welcome, and thank you for your interest in BeyondAffiliate (“BeyondAffiliate ”, “we,” or “us”), our web site at https://www. BeyondAffiliate .com (the “Site”), and all related web sites, downloadable software, mobile applications (including tablet applications), and other services provided by us and on which a link to this Privacy Policy is displayed, and all other communications with individuals though from written or oral means, such as email or phone (collectively, together with the Site, our “Service”).

Who are “you”?: This Policy applies to any visitor to our Sites; users of the Services; individuals who contact us or with whom we communicated via phone, email, or otherwise; and Customers, including both free trial and paid account holders.

To EU Residents: BeyondAffiliate processes your personal data in accordance with the EU data protection legislation, including national or international legislation implementing the EU Data Protection Directive (until superseded), the Privacy in Electronic Communications (“ePrivacy”) Directive (EU), and the General Data Protection Regulation (EU) 2016/679 (“GDPR”), as amended or superseded.

This Policy is incorporated into, and is subject to, the BeyondAffiliate Terms of Service. Capitalized terms used but not defined in this Policy have the meaning given to them in the BeyondAffiliate Terms of Service.

This Policy is incorporated into, and is subject to, the BeyondAffiliate Terms of Service. Capitalized terms used but not defined in this Policy have the meaning given to them in the BeyondAffiliate Terms of Service.

Definitions

“Client” means a customer of BeyondAffiliate.

“Client Data“ means personal data, reports, addresses, and other files, folders or documents in electronic form that a User of the Service stores within the Service.

“Personal Data” means any information relating to an identified or identifiable natural person as defined in article 4.1 of GDPR.

“Public Area” means the area of the Site that can be accessed both by Users and Visitors, without needing to log in.

“Restricted Area” means the area of the Site that can be accessed only by Users, and where access requires logging in.

“User” means an employee, agent, or representative of a Client, who primarily uses the restricted areas of the Site for the purpose of accessing the Service in such capacity.

“Visitor” means an individual other than a User, who uses the public area, but has no access to the restricted areas of the Site or Service.

“Cookies” means small text files stored in a web browser by a website (here specifically: Site) or by an ad server. By storing certain information in a cookie, those web browsers, ad servers, and explicitly our Site are able to remember your preferences and recognize websites visited and/or web browsers used from one visit to another.

“Cookies” means small text files stored in a web browser by a website (here specifically: Site) or by an ad server. By storing certain information in a cookie, those web browsers, ad servers, and explicitly our Site are able to remember your preferences and recognize websites visited and/or web browsers used from one visit to another.

“Log Data” means information that is automatically reported by your browser each time you access our Site or use our Services and which is sent by your web browser that our servers automatically record. Log Data may include information such as your IP address, browser type, web requests, domain names or pages viewed.

Definitions

We collect different types of information from or through the Service. The legal bases for BeyondAffiliate ’s processing of personal data are primarily that the processing is necessary for providing the Service in accordance with BeyondAffiliate ’s Terms of Service and that the processing is carried out in BeyondAffiliate ’s legitimate interests, which are further explained in the section “How We Use the Information We Collect” of this Policy. We may also process data upon your consent, asking for it as appropriate.

2.1 User-provided Information. When you use the Service, as a User or as a Visitor, you may provide, and we may collect Personal Data. Examples of Personal Data include name, email, address, mailing address, mobile phone number, and credit card or other billing information. Personal Data also includes other information, such as geographic area or preferences, when any such information is linked to information that identifies a specific individual. You may provide us with Personal Data in various ways on the Service. For example, when you register for an Account, use the Service, post Client Data, interact with other users of the Service through communication or messaging capabilities, or send us customer service -related requests.

2.2 Information Collected by Clients. A Client or User may store or upload into the Service Client Data. BeyondAffiliate has no direct relationship with the individuals whose Personal Data it hosts as part of Client Data. Each Client is responsible for providing notice to its customers and third persons concerning the purpose for which Client collects their Personal Data and how this Personal Data is processed in or through the Service as part of Client Data.

2.3 “Automatically Collected" Information. When a User or Visitor uses the Service, we may automatically record certain information from the User’s or Visitor’s device by using various types of technology, including cookies, “log data”, “clear gifs" or “web beacons.” This “automatically collected" information may include IP address or other device address or ID, web browser and/or device type, the web pages or sites visited just before or just after using the Service, the pages or other content the User or Visitor views or interacts with on the Service, and the dates and times of the visit, access, or use of the Service. We also may use these technologies to collect information regarding a Visitor or User’s interaction with email messages, such as whether the Visitor or User opens, clicks on, or forwards a message. This information is gathered from all Users and Visitors.

2.4 Integrated Services. You may be given the option to access or register for the Service through the use of your user name and passwords for certain services provided by third parties (each, an “Integrated Service”), such as through the use of your Google account, or otherwise have the option to authorize an Integrated Service to provide Personal Data or other information to us. By authorizing us to connect with an Integrated Service, you authorize us to access and store your name, email address(es), date of birth, gender, current city, profile picture URL, and other information that the Integrated Service makes available to us, and to use and disclose it in accordance with this Policy. You should check your privacy settings on each Integrated Service to understand what information that Integrated Service makes available to us, and make changes as appropriate. Please review each Integrated Service’s terms of use and privacy policies carefully before using their services and connecting to our Service.

2.5 Information from Other Sources. We may obtain information, including Personal Data, from third parties and sources other than the Service, such as our partners, advertisers, credit rating agencies, and Integrated Services. If we combine or associate information from other sources with Personal Data that we collect through the Service, we will treat the combined information as Personal Data in accordance with this Policy.

3. How We Use the Information We Collect

We use the information that we collect in a variety of ways in providing the Service and operating our business, including the following:

3.1 Operations
We use the information – other than Client Data - to operate, maintain, enhance and provide all features of the Service, to provide the services and information that you request, to respond to comments and questions and to provide support to users of the Service. We process Client Data solely in accordance with the directions provided by the applicable Client or User. Where necessary to the administration of our general business, accounting, recordkeeping, and other legal functions.

3.2 Improvements
We use the information to understand and analyze the usage trends and preferences of our Visitors and Users, to improve the Service, and to develop new products, services, feature, and functionality. Should this purpose require BeyondAffiliate to process Client Data, then the data will only be used in anonymized or aggregated form.

3.3 Communications
We may use a Visitor’s or User’s email address or other information – other than Client Data – to contact that Visitor or User (i) for administrative purposes such as customer service, to address intellectual property infringement, right of privacy violations or defamation issues related to the Client Data or Personal Data posted on the Service or (ii) with updates on promotions and events, relating to products and services offered by us and by third parties we work with. You have the ability to opt-out of receiving any promotional communications as described below under “Your Choices.”

3.4 Cookies and Tracking Technologies
We use automatically collected information and other information collected on the Service through cookies and similar technologies to: (i) personalize our Service, such as remembering a User’s or Visitor’s information so that the User or Visitor will not have to re-enter it during a visit or on subsequent visits; (ii) provide customized advertisements, content, and information; (iii) monitor and analyze the effectiveness of Service and third-party marketing activities; (iv) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and (v) track your entries, submissions, and status in any promotions or other activities on the Service. You can obtain more information about cookies by visiting http://www.allaboutcookies.org.

3.5 Analytics
We use Google Analytics to measure and evaluate access to and traffic on the Public Area of the Site, and create user navigation reports for our Site administrators. Google operates independently from us and has its own privacy policy, which we strongly suggest you review. Google may use the information collected through Google Analytics to evaluate Users' and Visitors’ activity on our Site. For more information, see Google Analytics Privacy and Data Sharing.

We take measures to protect the technical information collected by our use of Google Analytics. The data collected will only be used on a need to know basis to resolve technical issues, administer the Site and identify visitor preferences; but in this case, the data will be in non-identifiable form. We do not use any of this information to identify Visitors or Users.

3.6 Marketing and Promotions
For direct marketing and promotional purposes. For example, we may use contact information such as your email address to send you newsletters, special offers or promotions, or to otherwise contact you about BeyondAffiliate products or information we think may interest you. As explained above, we do not use Content for direct marketing purposes. If you are located in a jurisdiction that requires opt-in consent to receive electronic marketing messages, we will only send you such messages if you opt-in to receive them. You may opt out of receiving marketing emails by following the opt-out instructions in the email or emailing privacy@BeyondAffiliate .com. We may still email customer service and transaction-related communications, even if you have opted out of receiving marketing communications.

3.7 Advertising
To assist in advertising the Services on third party websites. Analytics and Improvement: To better understand how users access and use the Services, and for other research and analytical purposes, such as to evaluate and improve the Services and to develop additional products, services, and features. While we may collect and analyze usage details (e.g., storage size used, access logs, etc.) related to Content, we do not actually access Content for these purposes.

3.8 Protect Legal Rights and Prevent Misuse
To protect the Services; prevent unauthorized access and other misuse; and where we believe necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, or violations of our Terms of Use or this Policy.

3.9 Comply with Legal Obligations
To comply with the law or legal proceedings; for example, we may disclose information in response to lawful requests by public authorities, including responding to national security or law enforcement disclosure requirements.

4. To Whom We Disclose Information

Except as described in this Policy, we will not intentionally disclose the Personal Data or Client Data that we collect or store on the Service to third parties without the consent of the applicable Visitor, User or Client. We may disclose information to third parties if you consent to us doing so, as well as in the following circumstances:

4.1 Unrestricted Information
Any information that you voluntarily choose to include in a Public Area of the Service, such as a public profile page, will be available to any Visitor or User who has access to that content.

4.2 Service Providers
We work with third party service providers who provide website, application development, hosting, maintenance, and other services for us. These third parties may have access to, or process Personal Data or Client Data as part of providing those services for us. We limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions, and our contracts with them require them to maintain the confidentiality of such information.

4.3 Sub-contractors
Independent Contractors. We may employ the assistance of independent contractors to work on specific projects. We train these independent contractors on applicable BeyondAffiliate policies and they are required to adhere to substantially the same data security practices as are Beyondaffiliate employees.

4.4 Data “Sub Processors”
Beyondaffiliate currently uses third party Sub-Processors to provide infrastructure services and perform other functions related to the BeyondAffiliate Service: Listed below is where we collect and store data (3rd parties):

MySQL databases, DigitalOcean.com, BeyondAffiliate.com, HasOffers.com, Voluum.com, Smartsheet.com, Hubspot.com, Sendgrid.com, Salesforce.com, BraintreePayments.com, PayPal.com, Google Analytics, Clicky.com, Twilio.com, ConvertFox.com, Intercom.com, MixPanel.com and Dropbox.com. All data will be stored under strict security standards.

Even though we take all appropriate measures to ensure against unauthorized disclosure of your personal data, we cannot guarantee that some of the collected personal data shall never be disclosed in a manner that is not in accordance with these Terms. Accidental disclosure may be, for example, a consequence of false misrepresentation when accessing websites that contain such data, with the purpose of correcting possible errors in the data. Our liability shall be limited, to the fullest extent permitted by law, for any damage caused to users or third parties relating to accidental disclosure of personal data.

4.4 Non-Personally Identifiable Information
We may make certain automatically-collected, aggregated, or otherwise non-personally-identifiable information available to third parties for various purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our Clients’, Users’ and Visitors’ interests, habits, and usage patterns for certain programs, content, services, and/or functionality available through the Service.

4.5 Law Enforcement, Legal Process and Compliance
We may disclose Personal Data or other information if required to do so by law or in the good-faith belief that such action is necessary to comply with applicable laws, in response to a facially valid court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies.

We also reserve the right to disclose Personal Data or other information that we believe, in good faith, is appropriate or necessary to (i) take precautions against liability, (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity, (iii) investigate and defend ourselves against any third-party claims or allegations, (iv) protect the security or integrity of the Service and any facilities or equipment used to make the Service available, or (v) protect our property or other legal rights, enforce our contracts, or protect the rights, property, or safety of others.

4.5 Change of Ownership
Information about Users and Visitors, including Personal Data, may be disclosed and otherwise transferred to an acquirer, successor or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets and only if the recipient of the User or Visitor Data commits to a Privacy Policy that has terms substantially consistent with this Privacy Policy.

Client Data may be physically or electronically transferred to an acquirer, or successor or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets, for the sole purpose of continuing the operation of the Service, and only if the recipient of the Client Data commits to a Privacy Policy that has terms substantially consistent with this Privacy Policy.

3. How We Use the Information We Collect

Access, Correction, Deletion

BeyondAffiliate will respect your legal rights to your Data. You can manage and control your privacy by contacting our Data Protection Officer: dpo@BeyondAffiliate .com.

Below you will find the description of your rights that you have under the law, and what BeyondAffiliate does to protect those rights:

5.1 The right to be informed
BeyondAffiliate is publishing this Privacy Policy and Cookies Policy to keep you informed of what we do with your Personal Information. We strive to be transparent about how we use your Data.

5.2 The right of access
You have the right to access your Information. You have the right to request a copy of your Data that we hold about you by contacting us.

5.3 The right to rectification
We aim to keep your Personal Data accurate and complete. We encourage you to contact us using the contact details provided below to let us know if any of your Personal Data is not accurate or not complete, so that we can keep your Personal Data up-to-date.

5.4 The right to erasure
This is sometimes called ‘the right to be forgotten’. In some circumstances you have the right to the erasure of your Data without undue delay. Those circumstances include situations when: the Data is no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; the processing is for direct marketing purposes; and the Data has been unlawfully processed. However, there are certain general exclusions of the right to erasure. Those general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defense of legal claims.

5.5 The right to restriction processing
In some circumstances you have the right to restrict the processing of your Data. Those circumstances are the following: you contest the accuracy of the Data; processing is unlawful but you oppose erasure; we no longer need the Data for the purposes of our processing, but you require Data for the establishment, exercise or defense of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your Data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defense of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

5.6 The right to Data portability
BeyondAffiliate must allow you to obtain and reuse your Personal Data for your own purposes across Services in a safe and secure way without it affecting the usability of your Data. This right only applies to Personal Data that you have provided to us as the Data Controller. The Data must be held by us by consent or for the performance of a contract and the processing is carried out by automated means.

5.6 The right to Data portability
BeyondAffiliate must allow you to obtain and reuse your Personal Data for your own purposes across Services in a safe and secure way without it affecting the usability of your Data. This right only applies to Personal Data that you have provided to us as the Data Controller. The Data must be held by us by consent or for the performance of a contract and the processing is carried out by automated means.

5.8 The right to withdraw consent
If you have given us your consent to process your Data but changed your mind later, you have the right to withdraw your consent at any time, and BeyondAffiliate has to stop processing your Data unless BeyondAffiliate has other Legal Ground for processing of your Data. The withdrawal of consent does not affect the compliance of the processing which was made on its basis before the withdrawal of consent.

5.9 The right to complain to a Supervisory Authority
You have the right to lodge a complaint with the Supervisory Authority in particular, if you feel that BeyondAffiliate has not responded to your requests to solve a problem. You may contact the Estonian Personal Data Protection Agency

Should you believe that any personal data we hold on you is incorrect or incomplete, you have the right to request to see this information, rectify it, or have it deleted. To exercise these rights, please use this form to contact us regarding anything mentioned above.

This provision does not apply to Personal Data that is part of Client Data. In this case, the management of the Client Data is subject to the Client’s own Privacy Policy, and any request for access, correction or deletion should be made to the Client responsible for the uploading and storage of such data into the Service.

This provision does not apply to Personal Data that is part of Client Data. In this case, the management of the Client Data is subject to the Client’s own Privacy Policy, and any request for access, correction or deletion should be made to the Client responsible for the uploading and storage of such data into the Service.

6. Third-Party Services

The Service may contain features, Plugins and Social Media Widgets, or links to web sites and services provided by third parties. Any information you provide on third-party sites or services is provided directly to the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through the Service. We are not responsible for the content or privacy and security practices and policies of third-party sites or services to which links or access are provided through the Service. We encourage you to learn about third parties’ privacy and security policies before providing them with information.

7. Blogs; Forums

Our Sites may contain publicly accessible blogs and community forums (including the Community Features). Be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your information from our blog or community forum, contact us at https://www.BeyondAffiliate .com/help. In some cases, we may not be able to remove your information; if that happens, we will let you know why.

8. Do Not Track Policy

Some browsers have incorporated “Do Not Track” features. Most of these features, when turned on, send a signal or preference to the website or online service that a user visits, indicating that the user does not wish to be tracked. Because there is not yet a common understanding of how to interpret Do Not Track signals, we do not currently respond to Do Not Track signal. We continue to work with the online industry to define a common understanding of how to treat Do Not Track signals.

9. Use of Cookies, Tracking Technologies, Analytics and Behavioral Marketing

In order to make our platform as user-friendly as possible, we – like many other companies – use “cookies”. The integral part of this Privacy Policy is our Cookie Policy, where you can learn more about our use of cookies technology.

10. Age Restrictions

Any person who provides information through the Site represents that they are 18 years of age or older. We do not knowingly collect PII from anyone under the age of 18. Our Site and Service are not designed for users under 18.

11. Minors and Children’s Privacy

The Services are not directed toward children and we do not encourage children to participate in providing us with any personally identifiable information. We do not knowingly collect any personal data from children under the age of 13. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Policy by instructing their children never to provide personal data through the Services. If you have reason to believe that a child under the age of 13, without a parent or guardian's consent has provided personal data to us through the Services, please contact us at privacy@BeyondAffiliate .com, and we will use commercially reasonable efforts to delete that information.

12. How We Protect Your Information

We have implemented technical, physical, and administrative safeguards to protect your information. However, no company, including BeyondAffiliate, can guarantee the absolute security of Internet communications. If you have any questions about how we secure your information, please refer to our Help page located at https://www.BeyondAffiliate .com/help

13. Data Retention

We only retain the Personal Data collected from a User for as long as the User’s account is active or otherwise for a limited period of time as long as we need it to fulfill the purposes for which we have initially collected it, unless otherwise required by law. We will retain and use information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements as follows:

• the contents of closed accounts are deleted within 1 year of the date of closure;
• backups are kept for 1 year;
• billing information is retained for a period of 7 years as of their provision to BeyondAffiliate in accordance with the Estonian accounting and taxation laws
• information on legal transactions between Client and BeyondAffiliate is retained for a period of 10 years as of their provision to BeyondAffiliate in accordance with the general limitation period set for civil claims in the Estonian General Part of the Civil Code Act

14. Settings

Although we may allow you to adjust your privacy settings to limit access to certain Personal Data, please be aware that no security measures are perfect or impenetrable. We are not responsible for circumvention of any privacy settings or security measures on the Service. Additionally, we cannot control the actions of other users with whom you may choose to share your information. Further, even after information posted on the Service is removed, caching and archiving services may have saved that information, and other users or third parties may have copied or stored the information available on the Service. We cannot and do not guarantee that information you post on or transmit to the Service will not be viewed by unauthorized persons.

15. International Data Transfer

BeyondAffiliate may transfer Data to a country outside of the European Economic Area (EEA), i.e. to the territory of United States of America for which the European Commission has adopted an adequacy decision (Privacy Shield), in order to protect storage and processing of data using IT services, as well as operating the Site and providing the Services.

The EU-U.S. Privacy Shield framework is a “partial” adequacy decision, as, in the absence of a general data protection law in the U.S., only the companies committing to abiding by the binding Privacy Shield principles benefit from easier data transfers.

For the above reasons, in such cases your Personal Data will be transferred to the territory of USA in accordance with applicable laws, with appropriate safeguards in place, only to Privacy Shield certified vendors (according to the EU Commission Decision 2016/1250) or by using standard contractual clauses adopted by the European Commission (EU Commission Decision on standard contractual clauses for the transfer of Personal Data to processors established in third countries under Directive 95/46/EC (the “Model Contract Clauses”), or based on other applicable transborder data transfer mechanisms.

If you are located in the EEA, you may contact us if you require a copy of the safeguards which we have put in place to protect your Data transferred outside of the EEA and your privacy rights in these circumstances.

16. Data Controller and Data Processor

BeyondAffiliate does not own, control or direct the use of any of the Client Data stored or processed by a Client or User via the Service. Only the Client or Users are entitled to access, retrieve and direct the use of such Client Data. BeyondAffiliate is largely unaware of what Client Data is actually being stored or made available by a Client or User to the Service and does not directly access such Client Data except as authorized by the Client, or as necessary to provide Services to the Client and its Users.

Because BeyondAffiliate does not collect or determine the use of any Personal Data contained in the Client Data and because it does not determine the purposes for which such Personal Data is collected, the means of collecting such Personal Data, or the uses of such Personal Data, BeyondAffiliate is not acting in the capacity of data controller in terms of the European Union’s General Data Protection Regulation (Regulation (EU) 2016/679, hereinafter “GDPR”) and does not have the associated responsibilities under the GDPR. BeyondAffiliate should be considered only as a processor on behalf of its Clients and Users as to any Client Data containing Personal Data that is subject to the requirements of the GDPR. Except as provided in this Privacy Policy, BeyondAffiliate does not independently cause Client Data containing Personal Data stored in connection with the Services to be transferred or otherwise made available to third parties, except to third party subcontractors who may process such data on behalf of BeyondAffiliate in connection with BeyondAffiliate ’s provision of Services to Clients. Such actions are performed or authorized only by the applicable Client or User.

The Client or the User is the data controller under the Regulation for any Client Data containing Personal Data, meaning that such party controls the manner such Personal Data is collected and used as well as the determination of the purposes and means of the processing of such Personal Data.

BeyondAffiliate is not responsible for the content of the Personal Data contained in the Client Data or other information stored on its servers (or its subcontractors’ servers) at the discretion of the Client or User nor is BeyondAffiliate responsible for the manner in which the Client or User collects, handles disclosure, distributes or otherwise processes such information.

17. Changes and Updates to this Policy

Please revisit this page periodically to stay aware of any changes to this Policy, which we may update from time to time. If we modify the Policy, we will make it available through the Service, and indicate the date of the latest revision, and will comply with applicable law. Your continued use of the Service after the revised Policy has become effective indicates that you have read, understood and agreed to the current version of the Policy.

18. How to Contact Us

Please contact us with any questions or comments about this Policy, your Personal Data, our use and disclosure practices, or your consent choices by email at privacy@BeyondAffiliate.com. If you have any concerns or complaints about this Policy or your Personal Data, you may contact BeyondAffiliate’s Data Protection Officer by email at dpo@BeyondAffiliate.com.

19. Our details

This website is owned and operated by BeyondPerform OÜ.

We are registered in Estonia under registration number 14114090 and our registered office is at Sepapaja 6, Tallinn, 15551

Our principal place of business is at Sepapaja 6, Tallinn, 15551

Email: general@beyondperform.com
Tel: +372 712 3773

Last update: March 24, 2018