PERSONAL INFORMATION COLLECTED BY USERLAND
From Clients of our Service E-mail Address for the purposes of registration, account management, and protection from abuse; Time and date of sign up; and Payment Data for the purposes of processing payments as required by our third-party payment processors. Note that we do not save your credit card and payment details in our systems.
From the Website and Email As you use our website, some information can be “passively” collected using various technologies, such as cookies. Your Internet browser automatically transmits some information, such as the URL of the website you just visited and the Internet Protocol (IP) address and browser version currently being used by your computer. This info is used only to provide you the requested content in an optimized way and is not used by or stored by our business logic.
WEBSITE CONTACTS The UserLAnd website includes information that enables data subjects to contact the controller via electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal information transmitted by the data subject is automatically stored. Such personal information transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal information whatsoever to any third parties.
USES OF PERSONAL INFORMATION COLLECTED BY US
E-mail address is used to send subscription information, payment confirmations, customer correspondence, and UserLAnd promotional offers only, Payment data is used to manage client signups, payments, and cancellations, Compliance with valid legal process, Contact submissions and e-mails will be used for correspondence, and Temporary cookies are used to handle control panel logins.
We may disclose personal data you provide to consultants, service providers, and contractors that we use to support our business and operations who have agreed to keep the information confidential and use it only to provide the applicable service(s).
We do not share personally identifiable information with third parties for any marketing or commercial purposes.
We may also disclose personal data to third parties (including, without limitation, governmental agencies) if required to do so by law, regulation or court order; to respond to governmental and/or law enforcement requests; to identify, contact or bring legal action against someone who may be causing injury to or interfering with our (or others’) rights or property; to support any actual or threatened claim, defense or declaration in a case or before any jurisdictional and/or administrative authority, arbitration or mediation panel; or in connection with disciplinary actions/investigations. We may also disclose personal data to third parties in connection with the sale, assignment or other transfer of the business of our website or the sale, assignment, merger, reorganization or other transfer of our brand or company.
The recipients of customers’ personal data, and more generally these disclosures, may be located in the United States or other jurisdictions that might not provide a level of protection equivalent to the laws in your jurisdiction. By submitting personal data to us, you consent to the transfer of such personal data outside your jurisdiction.
We may make full use of all information that is de-identified or otherwise not in personally identifiable form.
We take appropriate steps to protect personal data from loss, misuse and unauthorized access, disclosure, alteration or destruction, whether in transmission or storage. Please keep in mind, however, that there is no such thing as perfect security, and no Internet transmission is ever completely secure or error-free. Moreover, you are responsible for maintaining the confidentiality of any user name and password you use.
CALIFORNIA PRIVACY RIGHTS
California Do Not Track Notice: Because there are not yet common, industry accepted “do not track” standards and systems, our website does not respond to Do Not Track signals. In addition, we may allow third parties to collect personal data from your activity on our website, as described in the “Information Collection and Use” section above.
California Disclosure Information: Although we do not disclose to any third parties for their marketing purposes any personally identifiable information, California residents are entitled to receive the following disclosure information under California law:
Under California Law, California residents have the right to request in writing from businesses with which they have an established business relationship, (1) a list of the categories of personal information, such as name, address, e-mail address, and the type of services provided to the customer, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes, and (2) the names and addresses of all such third parties. We will respond to such written requests within 30 days following receipt at the e-mail address specified below under “Contact Us”. If we receive your request at a different e-mail address, we will respond within a reasonable period of time, but not to exceed 150 days from the date received. Please note that we are required to respond to each customer only once per calendar year. The name and address for the data protection officer can be found below.
NAME AND ADDRESS OF DATA PROTECTION OFFICER AND NAME AND ADDRESS OF CONTROLLER
Our current data protection officer can be reached at the following information below.
RIGHTS OF THE DATA SUBJECT
Right of Confirmation. Each data subject has the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal information concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may, at any time, contact our Data Protection Officer or another employee of the controller.
Right of Access. Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal information stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information: the purposes of the processing; the categories of personal information concerned; the recipients or categories of recipients to whom the personal information have been or will be disclosed, in particular recipients in third countries or international organizations; where possible, the envisaged period for which the personal information will be stored, or, if not possible, the criteria used to determine that period; the existence of the right to request from the controller rectification or erasure of personal information, or restriction of processing of personal information concerning the data subject, or to object to such processing; the existence of the right to lodge a complaint with a supervisory authority; where the personal information are not collected from the data subject, any available information as to their source; the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
Moreover, the data subject has the right to obtain information as to whether personal information are transferred to a third country or to an international organization. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to exercise this right of access, he or she may at any time contact our Data Protection Officer or another employee of the controller.
Right to Rectify. Each data subject has the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal information concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal information completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, they may, at any time, contact our Data Protection Officer or another employee of the controller.
Right to Erasure. Each data subject has the right granted by the European legislator to obtain from the controller the erasure of personal information concerning him or her without undue delay, and the controller shall have the obligation to erase personal information without undue delay where one of the following grounds applies, as long as the processing is not necessary: The personal information are no longer necessary in relation to the purposes for which they were collected or otherwise processed. The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing. The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR. The personal information has been unlawfully processed. The personal information must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject. The personal information has been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal information stored by the Controller, he or she may at any time contact our Data Protection Officer or another employee of the controller. The Data Protection Officer of Controller or another employee shall promptly ensure that the erasure request is complied with immediately.
Right of restriction of processing. Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies: The accuracy of the personal information is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal information. The processing is unlawful and the data subject opposes the erasure of the personal information and requests instead the restriction of their use instead. The controller no longer needs the personal information for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims. The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
Right to Portability. Each data subject shall have the right granted by the European legislator, to receive the personal information concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal information has been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal information transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact the Data Protection Officer designated by Company or another employee.
Right to Object. Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal information concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
This data controller shall no longer process the personal information in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defense of legal claims.
Right to withdraw data protection consent. Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal information at any time.
If the data subject wishes to exercise the right to withdraw consent, he or she may at any time directly contact our Data Protection Officer or another employee of the controller.
Provision of personal information as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal information; possible consequences of failure to provide such data
We clarify that the provision of personal information is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal information, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with some personal information when our company signs a contract with him or her. The non-provision of the personal information would have the consequence that the contract with the data subject could not be concluded. Before personal information is provided by the data subject, in this circumstance the data subject must contact our Data Protection Officer. Our Data Protection Officer clarifies to the data subject whether the provision of the personal information is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal information and the consequences of non-provision of the personal information.
Legal Basis for Data Processing
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal information is necessary for the performance of a contract to which the information subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. If our company is subject to a legal obligation by which processing of personal information is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal information may be necessary to protect the vital interests of the data subject or of another natural person. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the aforementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal information. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
The Children’s Online Privacy Protection Act (COPPA) was passed to give parents increased control over what information is collected from their children online and how such information is used. The law applies to websites and services directed to, and which knowingly collect information from, children under the age of 13. Our online services are not directed to children under the age of 13, nor is information knowingly collected from them. For additional information on COPPA protections, please see the FTC website at: https://www.consumer.ftc.gov/articles/0031-protecting-your-childs-privacy-online