INDEPENDENT SOCIAL PERFORMANCE PTE. LTD.
At Independent Social Performance Pte Ltd (referred to as INDEPENDENT SP, data protection and your privacy is important to us.
Our primary use of personal data is for our mailing lists ***INSERT LINKS*** (MAILING LISTS)
If you want to be removed please refer to the options at the bottom of this email. You may contact us any time here—we aim to reply within 24 hours although sometimes when we’re travelling in distant locations, it takes a bit longer.
The use of the Internet pages of OUR WEBSITES are possible without any indication of personal data; however, if a DATA SUBJECT (see definition below) wants to use special enterprise services via OUR WEBSITES, the processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, INDEPENDENT SP generally seeks to obtain consent from the DATA SUBJECT.
The processing of personal data, such as the name, company name, or e-mail address, of a DATA SUBJECT, shall always be in line with the General Data Protection Regulation (GDPR) and in accordance with the country-specific data protection regulations applicable to OUR WEBSITES. By means of this data protection declaration, INDEPENDENT SP would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, DATA SUBJECTS are informed, by means of this data protection declaration, of the rights to which they are entitled.
As the controller, I, JORDON KUSCHMINDER, have implemented the technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. I have primarily achieved this through the use of the WordPress Plugin: Ultimate GDPR Plugin – and several security plugins.
The data protection declaration of JORDON KUSCHMINDER is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). My data protection declaration should be legible and understandable to the general public, as well as my customers and business partners. To ensure this, we would like to first explain the terminology used.
In this data protection declaration, I use, inter alia, the following terms:
A) PERSONAL DATA
Personal data means any information relating to an identified or identifiable natural person (“data subject” / “WEBSITE USER”). 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.
B) DATA SUBJECT
DATA SUBJECT is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
PROCESSING is 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.
D) RESTRICTION OF PROCESSING
RESTRICTION OF PROCESSING is the marking of stored personal data with the aim of limiting their processing in the future.
PROFILING means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.
PSEUDONYNISATION is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
G) CONTROLLER OR CONTROLLER RESPONSIBLE FOR THE PROCESSING
CONTROLLER or CONTROLLER RESPONSIBLE for the processing is the natural or legal person, public authority, agency, or other bodies which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
PROCESSOR is a natural or legal person, public authority, agency, or other bodies which processes personal data on behalf of the controller.
RECIPIENT is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
J) THIRD PARTY
THIRD PARTY is a natural or legal person, public authority, agency, or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data.
Consent of the data subject is any freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
2. NAME AND ADDRESS OF THE CONTROLLER
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
101 Upper Cross Street, #05-16
ops (at) studiodradiodurans.com
further described as “WE.”
3. PERSONAL INFORMATION WE COLLECT AND HOW WE COLLECT IT
We collect various personal information regarding you. This includes the following:
A. PERSONAL INFORMATION YOU PROVIDE
When you use our Services, we collect information from you in a number of ways. For instance, we ask you to provide your name and email address to register for our newsletter. We also maintain your marketing preferences and the emails and other communications that you send us or otherwise contribute, such as customer support inquiries or posts to our customer message boards or forums. You might also provide us with information in other ways, including by responding to surveys, submitting a form or participating in contests or similar promotions.
This information includes:
– The information you provide to sign up for our newsletter service, specifically your email address, first name, last name, and company name.
– The emails and other communications that you send us or otherwise contribute, such as customer support inquiries or in the comment section of our publications. Please be aware that information on public parts of our sites is available to others.
– Information we get from our partners to support our marketing initiatives, improve our Services and better monitor, manage, and measure our ad campaigns, such as details about when our partner shows you one of our ads on or via its advertising platform.
What we use to collect and process information:
BACKUP SAVING AND MANAGEMENT
CONTACTING THE USER
FORMS VIA GOOGLE FORMS: PERSONAL DATA COLLECTED INCLUDES MARKETING DATA, EMAIL ADDRESS, FIRST NAME, LAST NAME, COMPANY NAME
FORMS VIA TYPEFORM: PERSONAL DATA COLLECTED INCLUDES MARKETING DATA, EMAIL ADDRESS, FIRST NAME, LAST NAME, COMPANY NAME
MAILING LIST OR NEWSLETTER
MAILCHIMP: PERSONAL DATA COLLECTED INCLUDES FIRST NAME, LAST NAME, COUNTRY, STATE, EMAIL ADDRESS, USAFE DATA
PLATFORM SERVICES AND HOSTING
B. PERSONAL INFORMATION OBTAINED FROM OTHER SOURCES
If you use a Third Party Service (such as Google) to register for our newsletter, the Third Party Service may provide us with your Third Party Service account information on your behalf, such as your name and email address (we don’t store passwords you use to access Third Party Services). Your privacy settings on the Third Party Service normally control what they share with us. Make sure you are comfortable with what they share by reviewing their privacy policies and, if necessary, modifying your privacy settings directly on the Third Party Service.
4. SUBSCRIPTION TO NEWSLETTERS
On OUR WEBSITES, WEBSITE USERS are given the opportunity to subscribe to our enterprise’s newsletter. The input mask used for this purpose determines what personal data are transmitted, as well as when the newsletter is ordered from the controller.
We inform our customers and business partners regularly by means of a newsletter about enterprise offers. The enterprise’s newsletter may only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the data subject registers for the newsletter shipping. A confirmation e-mail will be sent to the e-mail address registered by a data subject for the first time for newsletter shipping, for legal reasons, in the double opt-in procedure. This confirmation e-mail is used to prove whether the owner of the e-mail address as the data subject is authorized to receive the newsletter.
During the registration for the newsletter, we also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by the data subject at the time of the registration, as well as the date and time of the registration. The collection of this data is necessary in order to understand the (possible) misuse of the e-mail address of a data subject at a later date, and it, therefore, serves the aim of the legal protection of the controller.
The personal data collected as part of a registration for the newsletter will only be used to send our newsletter. In addition, subscribers to the newsletter may be informed by e-mail, as long as this is necessary for the operation of the newsletter service or a registration in question, as this could be the case in the event of modifications to the newsletter offer, or in the event of a change in technical circumstances. There will be no transfer of personal data collected by the newsletter service to third parties. The subscription to our newsletter may be terminated by the data subject at any time. The consent to the storage of personal data, which the data subject has given for shipping the newsletter, may be revoked at any time. For the purpose of revocation of consent, a corresponding link is found in each newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the website of the CONTROLLER or to communicate this to the CONTROLLER in a different way.
Our newsletter contains so-called tracking pixels, provided by Mailchimp, the newsletter service we use to send you our latest news. A tracking pixel is a miniature graphic embedded in such e-mails, which are sent in HTML format to enable log file recording and analysis. This allows a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, we may see if and when an e-mail was opened by a data subject, and which links in the e-mail were called up by data subjects.
Such personal data collected in the tracking pixels contained in the newsletters are stored and analyzed by the controller in order to optimize the shipping of the newsletter, as well as to adapt the content of future newsletters even better to the interests of the data subject. Data subjects are at any time entitled to revoke the respective separate declaration of consent issued by means of the double-opt-in procedure. After a revocation, these personal data will be deleted by the controller. We automatically regard a withdrawal from the receipt of the newsletter as a revocation.
6. CONTACT POSSIBILITY VIA THE WEBSITE
The OUR WEBSITES contain information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data 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 data to third parties.
7. ROUTINE ERASURE AND BLOCKING OF PERSONAL DATA
The CONTROLLER shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
8. RIGHTS OF THE DATA SUBJECT
A) RIGHT OF CONFIRMATION
Each DATA SUBJECT shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a DATA SUBJECT wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.
B) 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 data 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 data concerned;
– the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
– where possible, the envisaged period for which the personal data 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 data, or restriction of processing of personal data 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 data 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.
– Furthermore, the data subject shall have a right to obtain information as to whether personal data 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 avail himself of this right of access, he or she may, at any time, contact any employee of the controller.
C) RIGHT TO RECTIFICATION
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.
D) RIGHT TO ERASURE (RIGHT TO BE FORGOTTEN)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
The personal data 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 data have been unlawfully processed.
The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
The personal data have 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 data stored by INDEPENDENT SP, he or she may, at any time, contact any employee of the controller. An employee of INDEPENDENT SP shall promptly ensure that the erasure request is complied with immediately.
Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required.
E) 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 data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence 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.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by us, he or she may at any time contact any employee of the controller.
F) RIGHT TO DATA PORTABILITY
Each data subject shall have the right granted by the European legislator, to receive the personal data 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 data have 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 data 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 me or one of my representatives.
G) 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 data 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.
INDEPENDENT SP shall no longer process the personal data 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 defence of legal claims.
If we process personal data for direct marketing purposes, the data subject shall have the right to object at any time to prthe ocessing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to me to the processing for direct marketing purposes, we will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by me for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may contact me or my representatives. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
H) 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 prthe ocessing of his or her personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact me or my representatives.
9. THIRD-PARTY SERVICES
A) DATA PROTECTION PROVISIONS ABOUT THE APPLICATION AND USE OF MAILCHIMP
On this website, the controller has integrated components of the enterprise Mailchimp. MailChimp is a marketing automation platform and an email marketing service.
The operating company of Mailchimp is the Rocket Science Group, LLC.675 Ponce de Leon Ave NE. Suite 5000. Atlanta, GA 30308 USA.
We, the controller, receive information such as clicking rates, bounce rates, countries, and states from Mailchimp. These information are not used to identify a specific individual, and therefore they are used pseudonymously.
The data protection guideline published by Mailchimp, which is available at https://mailchimp.com/legal/privacy/, provides information about the collection, processing and use of personal data by Mailchimp. In addition, it is explained there what setting options Mailchimp offers to protect the privacy of the data subject.
B) DATA PROTECTION PROVISIONS ABOUT THE APPLICATION AND USE OF SHOPIFY
Some of OUR WEBSITES are built with and hosted by Shopify. Shopify is an American private company that provides software as a service for website building and hosting. We use their service to provide information about their company, upcoming events, and services.
C) DATA PROTECTION PROVISIONS ABOUT THE APPLICATION AND USE OF GOOGLE
In order to communicate with individuals and users externally and with our team internally, we use services (such as Gmail, Google Drive, and Google Sheets). Google INC is an American multinational technology company that specializes in Internet-related services and products, which include online advertising technologies, search engine, cloud computing, software, and hardware.
The operating company of Google is Google INC, 1600 Amphitheatre Parkway, Mountain View, CA, UNITED STATES.
The applicable data protection provisions of Google may be accessed under https://policies.google.com/privacy.
D) DATA PROTECTION PROVISIONS ABOUT THE APPLICATION AND USE OF WORDPRESS
Some of OUR WEBSITES are built and hosted by WordPress.
WordPress is an American private company that provides software as a service for website building and hosting. We use this service to provide information about their company, upcoming events, and services.
E) INFORMATION ABOUT THE CONSENT TO ALBACROSS PROCESSING OF PERSONAL DATA
We obtain your consent to the processing of personal data on the behalf of Albacross Nordic AB (“Albacross”).
Information collected from cookies set in your device that qualify as personal data will be processed by Albacross, a company offering lead identification and ad targeting services with offices in Stockholm and Krakow. Please see below for full contact details.
The purpose for the processing of the personal data is that it enables Albacross to improve a service rendered to us and our website (e.g “Lead Generation” service), by adding data to their database about companies.
The data that is collected and used by Albacross to achieve this purpose is information about the IP-address from which you visited our website, and technical information that enables Albacross to tell apart different visitors from the same IP-address. Albacross stores the domain from form input in order to correlate the IP-address with your employer.
You may at any time withdraw your consent to this processing. Such withdrawal may be made either by contacting us, or by contacting Albacross directly.
INFORMATION RELATED TO COOKIES RELATED TO ALBACROSS:
TYPE OF COOKIE
PURPOSE AND DATA THAT IS STORED
Identify user session
10. LEGAL BASIS FOR THE 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 data is necessary for the performance of a contract to which the data 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. Is our company subject to a legal obligation by which processing of personal data 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 data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. 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 abovementioned 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 data. 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).
11. THE LEGITIMATE INTERESTS PURSUED BY THE CONTROLLER OR BY A THIRD PARTY
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.
12. PERIOD FOR WHICH THE PERSONAL DATA WILL BE STORED
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After the expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.
13. PROVISION OF PERSONAL DATA AS STATUTORY OR CONTRACTUAL REQUIREMENT; REQUIREMENT NECESSARY TO ENTER INTO A CONTRACT; OBLIGATION OF THE DATA SUBJECT TO PROVIDE THE PERSONAL DATA; POSSIBLE CONSEQUENCES OF FAILURE TO PROVIDE SUCH DATA
We clarify that the provision of personal data 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 data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded.
Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.
14. EXISTENCE OF AUTOMATED DECISION-MAKING
As a responsible company, we do not use automatic decision-making or profiling.
If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. Changes and clarifications will take effect immediately upon their posting on the website.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend, or delete any personal information we have about you, register a complaint, or simply want more information contact us at
admin (at) independentsp.com
or by mail at
Independent Social Performance Pte. Ltd.
101 Upper Cross Street, #05-16