Datenschutz

Effective as of 13thof June 2018

1. General Provisions

1.1 This document uses the same terminology and abbreviations as in the Terms of Service document. This Privacy Policy governs the collection, use and storage of Information and Data obtained from Users through the use of the Platform.


1.2 The Information on Users is divided into personally identifiable and non-personally identifiable Information depending on whether Information can identify the User as a specific person. Information about legal entities does not fall within the scope of Information as defined in the Terms of Service and Privacy Policy documents.


1.3 Sitejet processes Personal Information in order to fulfill its contractual obligations towards you and to provide you with the Services as well as protecting Sitejet’s legitimate interests and for complying with legal and financial regulatory obligation to which Sitejet is a subject.  


By using Sitejet’s Service, you consent to the collection, storage, use, disclosure and other uses of your Personal Information as described in this Privacy Policy.


2. Collection and Use of Personally Identifiable Information 

2.1 When you use Sitejet, there are various sources through which Sitejet receives your Personal Information:
• Information provided by you, for example your name and email address upon registration
• Information provided by you through access to our Site and/or Services, for example payment information upon purchasing Services
• Information provided by Third Parties, services and partners which are collected passively, for example technical information or User behavior on the Site


2.2 Sitejet uses the collected Personal Information to provide you with the Services and allow a continuous improvement of these Services. To ensure a secure administration of your Account, your Personal Information serve to contact and identify you as well giving you access to restricted areas of the Site and Services.  


(A) Name

2.3 In order to enter into contractual relations with Sitejet you have to provide your first and last name. Sitejet will only use this information to create an account for you and to address you whenever we contact you. 


(B) Email Adress

2.4 Sitejet will collect your email address on a basis of your consent and in the interest of providing the Services. Therefore Sitejet collects your email address in the following cases:
• When you register an account. Sitejet will collect your email address to create and facilitate an account for you and to send you notifications about your account such as when you forget your password or if there is a data breach. An account is necessary to access the Services and if you do not provide your email address for this purpose you will not be able to access these Services. There will be a consent box during your registration through which you can provide your consent to collecting, storing, and processing your email address in accordance with this Privacy Policy.
• When you subscribe to receive notifications. Sitejet will collect your email address when you subscribe to receive notifications for example information about upcoming events or other matters relating to the Sitejet Services. There will be a consent box during your subscription through which you can provide your consent to collecting, storing, and processing your email address in accordance with this Privacy Policy.
• When you contact Sitejet. Whenever you contact Sitejet via email for example help@sitejet.io your email address will be collected and used to respond to your inquiry.


2.5 Sitejet uses a Third Party data processors called The Rocket Science Group LLC d/b/a MailChimp and Campaign Monitor Pty Ltd for sending emails. Sitejet passes your email address to MailChimp and Campaign Monitor to process your Information on its behalf. MailChimp and Campaign Monitor have a position of a “data processor” within the meaning of the EU GDPR while Sitejet still remains data controllers with regard to your Information. MailChimp adheres to the US-EU Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework, and Campaign Monitor has a suite of security guidelines with supporting procedures, which have been aligned with the ISO 27001 standard. You can find their policies and procedures with regard to your Information on the following links https://mailchimp.com/legal/privacy/  and https://www.campaignmonitor.com/policies/#privacy-policy.


(C) IP Address

2.6 Sitejet has a legitimate interest to collect your IP Address to provide you with the Site content, services, and to prevent malicious attempts and exploits of the Site. Sitejet scans IP addresses and bans IP addresses that show malicious signs such as too many password failures, seeking exploits and similar. This information is processed in the interest of protecting the integrity of the Site and of the databases connected with it, including database of Information obtained from Users.


(D) Payment Information

2.7 Sitejet will collect your payment information such as your credit card, PayPal account or any other payment method you selected in order to process your order for Paid Services. Sitejet needs this information in order to administer contractual obligations and will not use this information for any other purposes. 


(E) General

2.8 Sitejet may keep records of any questions, complaints or compliments made by you and the response if any. Whenever you contact Sitejet, your name, email address and any additional information which you provide will be collected. Sitejet will store and use your name and email address only for the purpose of responding to your inquiries and will remove such Information from the servers as soon as the inquiry is resolved, unless such information is necessary for the purposes listed in article 2. Information contained within the inquiry, free from any personally identifiable Information, will be stored on the servers for the purpose of improving the Services and providing the best customer support possible.


 2.9 Sitejet uses collected Information for Sitejet’s internal and marketing purposes, as necessary by the nature of the Services, and only in accordance with this Privacy Policy. Sitejet may work with Third Party providers to provide the Services such as hosting, maintenance, billing and payment, web analytics or other applications. These Third Parties may receive or have a limited access to those Personal Information which are needed to provide such Services to you for completing the contractual obligation. They are obliged by contract to comply with the regulations of data protection and to maintain the confidentiality of such information.  In some instances, Sitejet is obliged to comply with court orders and government requests and provide Information or parts of it to authorized bodies.


2.10 Sitejet endeavors to maintain appropriate physical, procedural and technical security with respect to the collected information so as to prevent any loss, misuse, unauthorized access, disclosure, or modification of Personal Information which also applies to Sitejet’s disposal or destruction of Personal information. Sitejet keeps the Personal information which are collected about you strictly confidential and only for as long as such information is necessary.


2.11 Only authorized personnel operating under strict confidentiality agreements have access to personally identifiable Information. Although Sitejet takes all appropriate measures in respect to keeping your information secure, you understand that no data security measures can offer 100% protection. If Sitejet ever finds or suspects a personal data breach it will without delay, within seventy-two (72) hours after becoming aware of it, notify the appropriate supervisory authority and Users about the breach.


2.12 Users may request access to and rectification or erasure of Personal Information and the exercise of the right to object. Such requests are submitted to legal@sitejet.io.


3. Collection and Use of Non-Personally Identifiable Information 

3.1 Sitejet may collect non identifiable analytics data through cookies or Third Party services. Sitejet uses such information to provide and improve the Services, customize services for you, better understand its Users, diagnose and fix problems, etc. More information about cookies and similar technologies Sitejet use can be found under paragraphs 9 and 10 of this Privacy Policy.


3.2 The Site collects a series of general data and information when a User or automated system calls up the Site. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches Sitejet’s website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) the Internet service provider of the accessing system, and (7) any other similar data and information that may be used in the event of attacks on Sitejet’s information technology systems.


3.3 Sitejet collects this information for breach investigation purposes. When using this information, Sitejet does not draw any conclusions about the User. Rather, this information is needed to (1) deliver the content of the Site correctly, (2) optimize the content of the Site as well as its advertisement, (3) ensure the long-term viability of the information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.


4. Customers-of-Users’ Information

4.1 When using Sitejet and its Services you may create and provide Designed Websites for your Customers. Thereby Sitejet stores and processes not only your Personal Information but also non identifiable and Personal Information of your Customers and Users (‘Customers-of-Users Information’) according to your instruction and on your behalf.  For example email contact between you and your Customers. Referring to GDPR this constellation makes you a “Controller” and Sitejet a “Processor” of this Information. As a “Controller” you have the responsibility to comply with all laws and regulation concerning your Customer’s data and Information, especially with regards to privacy, data protection and confidentiality.


4.2 It is your obligation to take any action for a secure and proper usage of your Customers-of-Users' Personal Information. Therefore an integration of a privacy policy into your website and the websites provided by you for your Customers is recommended, to inform your Customers explicitly and comprehensively about all non identifiable and Personal Information that are collected, stored and processed.


5. Storage and Transfer of Information and Data 

5.1 Information and Data will be stored on secure servers hosted by Hetzner Online GmbH, Industriestr. 25, 91710 Gunzenhausen, Germany which are located in Germany, EU. Hosted servers are controlled and maintained in accordance with sufficient privacy safeguards. Sitejet may store or transfer Information and Data to servers located in countries deemed adequate by the European Commission, or in countries which European Commission has not deemed inadequate, provided that such countries implement appropriate and suitable safeguards regarding the security of Personal Information.


5.2 Individual independent contractors performing services on Sitejet’s behalf will be the recipients of User's Personal information insofar where such disclosure is necessary to provide the Services or to administer the Site. Any independent contractor will have to sign and abide to a strict confidentiality agreement before getting access to any Personal information.


5.3 Information is stored on the servers only for the duration necessary for providing the Services and maintaining the integrity of Sitejet’s databases. Sitejet will maintain records of processing activities in compliance with EU GDPR.


6. Information Retention Period

6.1 If you register an account Sitejet will store your Information for as long as you have an active account. If you update, change or delete your Account or any data within your Account Sitejet may retain submitted information as backup as long as necessary to comply with its legal obligation, to resolve disputes between Users or Users Customers, to prevent fraud or abuse and to enforce its Agreements and/or protect its legitimate interests according to the applicable laws and regulations. 


7. User’s Rights

7.1 User may request to:


• Receive disclosure if your Personal Information is processed, and access your stored Personal Information as well as supplementary information.
• Receive a copy of Personal Information you directly volunteer to Sitejet in a structured, commonly used and machine-readable format.
• Correct your Personal Information that can be influenced by Sitejet.
• Delete your Personal Information.
• Object to the processing of Personal Information by Sitejet.
• Restrict the processing of your Personal Information by Sitejet.
• File a complaint with a supervisory authority.


7.2 These rights might be limited if they are subject to Sitejet’s own legitimate interests and regulatory requirements.


8. Consent

8.1 By registering on the Site you agree to have your information handled as described in this Privacy Policy, and you understand that such information is necessary for entering into contractual obligation.


8.2 When Sitejet needs your Personal Information for purposes other than to enter into a contractual obligation, you will be asked for your permission to access, store and use such information.


8.3 You may withdraw your consent by deactivating or deleting your account or by informing Sitejet via email legal@sitejet.io in which case your account will be deleted automatically.


9. Cookies and Similar Technologies

9.1 Cookies are small files that are stored on your device when visiting a website. The length of time a cookie will stay on your browsing device depends on whether it is a “persistent” or “session” cookie. Session cookies will only stay on your device until you stop browsing. Persistent cookies stay on your browsing device after you have finished browsing until they expire or are deleted.


9.2 Cookies Sitejet uses:
• Required/Technical cookies to navigate the Sites and use its features. These cookies containing encrypted information to allow Sitejet to identify you. Each time you log into the Sites, the cookie placed on your browser allows a unique identification of your account. You cannot opt out of technical cookies because they are required for the Site and its features to run smoothly.
• Functionality cookies enable the Sites to recall information or settings you have entered for example your username or language and adapt more personal features.  These cookies facilitate the optimization of Sitejet’s use after logging in. Most of the time Web browsers automatically accept cookies, however you can modify the settings to approve or reject all or just specific cookies. You can configure your personal preferences in your Internet browser’s help section.
• Advertising cookies by Third Parties to track and analyze the performance of Sitejet’s advertisement and allow advertisement that best fits to your preferences. Further information on Third Party services used by Sitejet and on how you can opt out of these Cookies is described in Section 10.
• Analytics Cookies to provide important insights into User’s behavior which are not used for advertising purposes such as the pattern of visits or the clicks on the Site.  Further information on Third Party services used by Sitejet and on how you can opt out of these Cookies is described in Section 10.
• Social Media Cookies to simplify the sharing of content for you through social media service providers like Facebook and Twitter. Sitejet does not control these cookies which are provided by the social media service. For further information and to manage these cookies check the provider’s website.


9.3 Sitejet uses the listed Cookies to optimize and improve its Services, features and functionalities.  It is possible that Cookies used by Sitejet may vary over time due to continuous improvements and optimizations.


10. Third Party Websites, Services and Cookies

10.1 The Site or emails may contain links to other external websites that do not fall under Sitejet’s domains. Sitejet is not responsible for the privacy practices or the content of such external websites. If you choose to follow such links to external websites, you do so at your risk.


10.2 Sitejet may uses Third Party services like Intercom for communication and information sharing. You understand that by using Sitejet’s communication channels such as help sections or a messenger your Personal Information may be processed by Intercom in accordance with its Privacy Policy https://www.intercom.com/de/terms-and-policies.


10.3 Sitejet may use Third Party services like Google Analytics and other. Cookies from such services are used to collect data for statistical reports.


10.4 Third Party vendors, including Google, use cookies to serve ads based on someone’s past visits to the Site. Any data collected will be used in accordance with this Privacy Policy and Google’s privacy policy. Users may opt out of Google’s use of cookies by visiting the Google Advertising Opt-out Page, also, Users may opt out of Google Analytics by visiting the Google Analytics Opt-out Page. Users may opt out of Third Party vendor use of cookies by visiting the Network Advertising Initiative Opt-out Page http://optout.networkadvertising.org/#/.


10.5 Sitejet may use other Third Party Services such as Pixel and Analytics services by Facebook, to help target ads more effectively. The collected data remains anonymous. This means that Sitejet cannot see the personal data of any individual User. However, the collected data is saved and processed by Facebook. Sitejet is informing you on this matter according to its information at this time. Facebook is able to connect the data with your Facebook account and use the data for their own advertising purposes, in accordance with Facebook’s Data Use Policy found under https://www.facebook.com/about/privacy. You may opt-out of Facebook tracking option by visiting the following link https://www.facebook.com/ads/website_custom_audiences/ and for other types of Third Party ad tracking, by visiting the Network Advertising Initiative Opt-out Page.


10.6 Most of the Payments on the Site are conducted through Third Party service provider Stripe Inc. You hereby understand that by making a purchase through the Site and Application your Personal Information is being processed and handled in accordance with Stripe’s privacy Policy available here https://stripe.com/us/privacy.


10.7 Payments may be conducted through Third Party provider PayPal. You hereby understand that by making a purchase choosing PayPal as payment method your Personal Information is being processed and handled in accordance with PayPal’s Privacy Policy available here https://www.paypal.com/us/webapps/mpp/ua/privacy-full.  


11. Changes to the Privacy Policy

11.1     Sitejet reserves the right to change the Privacy Policy. If any changes are implemented Sitejet will post the new Policy indicating the effective date and notify you as appropriate. You are encouraged to periodically check the Privacy Policy.

12. Contact Information

12.1 If you have any questions regarding this Privacy Policy and how the information is handled, or you wish to access, amend, or update your Information feel free to contact Sitejet at legal@sitejet.io. 

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