Privacy Policy

1. Data Controller

The controller responsible for the processing activities described in this Privacy Policy is:

Flirtways B.V.
Eurode-Park 1/32
6461 KB Kerkrade
The Netherlands

Chamber of Commerce No.: 94794553
VAT ID: NL866894718B01

Email: [email protected]

2. Who Does This Privacy Policy Apply To?

This Privacy Policy applies in particular to:

• visitors to our website;
• registered and former Affiliates;
• persons who contact us;
• contact persons at companies and business partners;
• persons whose pseudonymous technical data is processed in connection with Affiliate clicks, referrals or conversions.

The FlirtLeads Affiliate platform is intended exclusively for adults.

3. What Personal Data Do We Process?

Depending on how our services are used, we may process different categories of personal data.

3.1. Account and Master Data

This may include in particular:

• name;
• email address;
• username;
• encrypted login credentials;
• language and settings;
• account status;
• registration date and recent activity.

Passwords are not stored in plain text.

3.2. Business and Billing Data

This may include:

• company name;
• business address;
• commercial register number;
• VAT identification number;
• tax information;
• invoicing information;
• bank or payout information;
• information about paid and outstanding commissions.

3.3. Identity and Verification Data

Where necessary for fraud prevention, compliance with legal obligations or processing payouts, we may request additional documentation.

This may include, for example:

• proof of identity;
• proof of company registration or business activity;
• tax documents;
• proof of bank account details;
• information concerning the origin or type of traffic.

We collect such information only to the extent necessary for the relevant purpose.

3.4. Affiliate, Campaign and Conversion Data

As part of our Affiliate program, we may process in particular:

• Affiliate ID;
• campaign ID;
• tracking and referral parameters;
• Sub-IDs;
• promotional materials used;
• referral URLs;
• clicks;
• registrations;
• conversions;
• orders or transaction references;
• commission amounts;
• transaction timestamps;
• refunds;
• chargebacks;
• cancellations;
• postback data;
• information relating to conversion attribution;
• fraud and risk indicators.

Tracking and postback systems are generally not intended to transmit names, email addresses or other directly identifying information relating to end customers.

3.5. Technical Data

When accessing our website or platform, we may process in particular:

• IP address;
• browser type and browser version;
• operating system;
• device type;
• language settings;
• date and time;
• requested URLs;
• referrer URL;
• session and cookie information;
• technical identifiers;
• login and security logs;
• approximate geographic location based on the IP address.

3.6. Communication Data

When you contact us, we may process in particular:

• your contact details;
• the content of your message;
• support requests;
• previous communications;
• attachments;
• the time and status of a request.

3.7. Marketing and Consent Data

Where applicable, we process information relating to:

• which communications you wish to receive;
• when and how consent was given;
• which cookie preferences were selected;
• when consent was withdrawn.

4. Where Do We Obtain Personal Data?

We obtain personal data in particular:

• directly from you;
• automatically when you use our website or Affiliate platform;
• through our tracking systems;
• from Affiliates and business partners;
• from promoted platforms or advertising partners;
• from payment providers and banks;
• from security and fraud-prevention service providers;
• from publicly available sources where legally permitted and necessary for a legitimate purpose.

5. Purposes and Legal Bases for Processing

We process personal data only where an appropriate legal basis exists.

5.1. Providing the Affiliate Account and Performing the Contract

We process data in order to:

• create and manage Affiliate accounts;
• provide login functionality;
• provide campaigns and promotional materials;
• attribute clicks and conversions;
• calculate commissions;
• process payouts;
• provide support;
• fulfil our contractual obligations.

Legal basis: Article 6(1)(b) GDPR – performance of a contract or steps taken prior to entering into a contract.

5.2. Accounting, Tax and Legal Obligations

We process necessary business, invoicing, tax and payment data in order to comply with statutory retention, accounting, tax and other compliance obligations.

Legal basis: Article 6(1)(c) GDPR – compliance with a legal obligation.

5.3. Security and Fraud Prevention

We process technical data, traffic data and transaction information in order to:

• detect and prevent fraud;
• identify artificial or manipulated traffic;
• protect accounts and systems;
• prevent abuse;
• investigate chargebacks and payment fraud;
• detect violations of our Terms of Service;
• investigate security incidents.

Legal basis: Article 6(1)(f) GDPR – our legitimate interests in securing our services, protecting our business and preventing fraud and abuse.

Where processing is required to comply with legal obligations, Article 6(1)(c) GDPR may additionally apply.

5.4. Technical Operation and Improvement of Our Services

We may process technical usage data in order to:

• identify errors;
• ensure the stability and security of our services;
• understand how our platform is used;
• improve features and usability;
• analyse performance and technical infrastructure.

Legal basis: Article 6(1)(f) GDPR – our legitimate interest in the secure and efficient operation of our services.

Where non-essential cookies or similar technologies are used, processing will only take place on the basis of consent where such consent is legally required.

5.5. Communication and Support

We process communication data in order to:

• respond to enquiries;
• provide technical or commercial support;
• handle problems and complaints;
• communicate with Affiliates regarding our cooperation.

Legal basis: depending on the context, Article 6(1)(b) or Article 6(1)(f) GDPR.

5.6. Marketing

Where we send newsletters or other electronic marketing communications, we do so on the basis of consent or another lawful basis permitted under applicable law.

You may unsubscribe from marketing communications at any time.

Legal basis: in particular Article 6(1)(a) GDPR where consent is required.

5.7. Legal Claims and Disputes

We may retain and use relevant data where necessary to:

• establish legal claims;
• defend against claims;
• handle disputes;
• enforce contracts and our Terms of Service.

Legal basis: Article 6(1)(f) GDPR – our legitimate interest in asserting and defending our legal rights.

6. Required Information

Certain personal data is required in order for us to enter into a contract with you or provide certain services.

This may include, for example:

• contact details;
• account information;
• required company information;
• tax information;
• required payout information.

Without this information, we may be unable to provide an Affiliate account, calculate commissions or process a payout.

7. Affiliate Tracking and Data Minimisation

Our Affiliate tracking is used in particular to attribute clicks, registrations, sales and other qualifying events to an Affiliate or campaign.

For this purpose, pseudonymous identifiers, tracking parameters, technical information and transaction references may be processed.

Affiliates must not transmit unnecessary personal data through tracking URLs, Sub-IDs, postbacks or comparable fields.

In particular, without an express prior agreement, the following must not be transmitted through such tracking parameters:

• names;
• email addresses;
• telephone numbers;
• full postal addresses;
• payment information;
• passwords;
• identity document information.

Tracking parameters are also not intended for transmitting special categories of personal data, such as information concerning health, religion, political opinions or sexual orientation.

Affiliates are responsible for ensuring that their own tracking and advertising activities comply with applicable law.

8. Cookies and Similar Technologies

We use cookies and similar technologies, for example for:

• login and session management;
• security;
• language preferences;
• Affiliate and referral attribution;
• fraud prevention;
• analytics and statistics;
• improvement of our services.

Essential Cookies

Cookies that are technically necessary to provide our website or platform may be used without separate consent where legally permitted.

Analytics and Tracking Technologies

Where cookies or similar technologies are not strictly necessary and applicable law requires consent, they will only be activated after the relevant consent has been obtained.

Details regarding the cookies and other technologies currently used, including their providers, purposes and durations, are provided in our cookie banner or cookie settings.

You may withdraw consent at any time with future effect through the cookie settings.

Refusing non-essential cookies should generally not prevent access to the essential functions of our services. However, certain optional features or tracking attribution may be limited.

Browser or device settings, ad blockers and other tracking restrictions may also result in certain Affiliate activities not being attributed correctly.

9. Recipients and Service Providers

We disclose personal data only where necessary for a legitimate purpose and where legally permitted.

Recipients may include in particular:

IT and Hosting Providers

Service providers supporting:

• hosting;
• cloud infrastructure;
• content delivery;
• email delivery;
• databases;
• backups;
• monitoring;
• IT security.

Payment, Banking and Accounting Providers

Where necessary for billing, payouts, tax or accounting purposes.

Advertising Partners and Promoted Platforms

Certain tracking and conversion data may be exchanged with promoted platforms or other partners involved in the Affiliate program where necessary for transaction attribution, commission calculations or fraud prevention.

Analytics and Consent Providers

Where we use analytics, statistics or consent-management systems.

Security and Fraud-Prevention Providers

Where necessary to identify or prevent fraud, abuse or security incidents.

Professional Advisers

For example:

• lawyers;
• tax advisers;
• auditors;
• insurers.

Authorities

We may disclose personal data to authorities, courts or other public bodies where we are legally required to do so or where necessary to establish, exercise or defend legal claims.

Corporate Transactions

In connection with a merger, acquisition, restructuring or sale of a business or part of a business, relevant data may be disclosed to potential purchasers and their advisers where legally permitted.

We do not sell or rent personal data as a standalone product to data brokers or third parties for their own advertising purposes.

10. Processors

Where service providers process personal data exclusively on our behalf, we enter into appropriate data processing agreements where required.

Such service providers may process the data only in accordance with our instructions and for the agreed purposes.

11. Transfers Outside the European Economic Area

Some of our service providers or business partners may be located outside the European Economic Area or may process data from outside the EEA.

In such cases, we ensure that an appropriate legal basis exists for the transfer.

This may include in particular:

• an adequacy decision by the European Commission;
• EU Standard Contractual Clauses;
• other legally recognised safeguards.

Where necessary, we implement additional measures to protect transferred data.

You may contact us if you would like further information regarding the safeguards used for a specific transfer.

12. Data Retention

We do not retain personal data for longer than necessary for the relevant purpose.

The specific retention period depends, among other things, on:

• the duration of the Affiliate relationship;
• the purpose of processing;
• statutory retention obligations;
• limitation periods;
• potential legal disputes;
• fraud and security risks.

In particular:

Account and Contract Data

These are generally retained for the duration of the business relationship and afterwards for as long as necessary for settlement, documentation or possible legal claims.

Financial, Accounting and Tax Data

Data forming part of our tax or business records is retained in accordance with applicable statutory retention requirements.

Fraud, Security and Dispute Data

Such data may be retained beyond the normal lifetime of an account where necessary to prevent fraud, detect repeated abuse or handle legal claims.

Technical Logs

Technical logs are retained only for as long as necessary for operations, security, troubleshooting or abuse prevention.

Consent Records

Information concerning consent given or withdrawn may be retained for as long as necessary to demonstrate compliance with legal requirements.

Data is subsequently deleted or anonymised unless another legal basis exists for continued retention.

13. Data Security

We implement appropriate technical and organisational measures to protect personal data against:

• unauthorised access;
• loss;
• misuse;
• alteration;
• disclosure;
• destruction.

These measures may include access controls, encryption, logging, security monitoring, backups and restrictions on access rights.

However, no electronic system or internet transmission can guarantee absolute security.

14. Automated Decision-Making

We may use automated systems, for example, to detect unusual traffic patterns or potential fraud indicators.

Such systems may cause a transaction or Affiliate account to be referred for additional review.

As a general rule, we do not make decisions based solely on automated processing that produce legal effects concerning a data subject or similarly significantly affect that person.

15. Your Data Protection Rights

Where the applicable legal requirements are met, you have in particular the following rights:

Right of Access

You may request information about the personal data we process about you.

Right to Rectification

You may request that inaccurate or incomplete personal data be corrected.

Right to Erasure

Under certain circumstances, you may request deletion of your personal data.

Right to Restriction of Processing

Under certain circumstances, you may request that processing of your personal data be restricted.

Right to Data Portability

Where the legal requirements are met, you may receive certain personal data in a structured, commonly used and machine-readable format.

Right to Object

Where we process personal data on the basis of a legitimate interest, you may object to such processing on grounds relating to your particular situation.

Where personal data is processed for direct marketing purposes, you have the right to object at any time.

Withdrawal of Consent

Where processing is based on your consent, you may withdraw that consent at any time with future effect.

The lawfulness of processing carried out before withdrawal remains unaffected.

16. Exercising Your Rights

To exercise your data protection rights, you may contact us at:

Flirtways B.V.
Eurode-Park 1/32
6461 KB Kerkrade
The Netherlands

Email: [email protected]

We may request additional information where necessary to verify your identity and prevent unauthorised disclosure of personal data.

17. Right to Lodge a Complaint

You have the right to lodge a complaint with a data protection supervisory authority.

For Flirtways B.V., the relevant Dutch supervisory authority is:

Autoriteit Persoonsgegevens

You may generally also contact the supervisory authority in your habitual place of residence, your place of work or the place of an alleged data protection infringement.

18. Third-Party Links and Services

Our website and Affiliate platform may contain links to third-party websites or services.

The operators of those websites or services are responsible for their own privacy practices.

We recommend reviewing their privacy notices before providing personal data.

19. Minors

The FlirtLeads Affiliate platform is intended exclusively for persons aged 18 or older.

We do not intend to knowingly collect personal data from minors in connection with Affiliate registration.

If we become aware that a minor has improperly created an Affiliate account, we may suspend the account and delete the relevant data unless a legal obligation requires further retention.

20. Changes to This Privacy Policy

We may update this Privacy Policy where:

• our services or business processes change;
• new technologies are introduced;
• legal or regulatory requirements make changes necessary;
• new service providers or processing activities are introduced.

The current version will be published on our website.

Where legally required, we will additionally provide appropriate notice of material changes.

Contact

Flirtways B.V.
Eurode-Park 1/32
6461 KB Kerkrade
The Netherlands

Chamber of Commerce No.: 94794553
VAT ID: NL866894718B01

Email: [email protected]