Privacy policy

Data protection regulations of sell & pick GmbH

The protection of your personal data is important to us. Please read the following regulations carefully before you agree to them.

1. responsible body, right to information, definitions

1.1 The controller within the meaning of the General Data Protection Regulation and other national data protection laws of the Member States as well as other data protection regulations is sell & pick GmbH, Maximiliansplatz 20, 80333 Munich, Germany, +49 89 - 124 14 78 - 0, info@sell-pick.com, www.sell-pick.com ("sell & pick").

1.2 You have the right to request information about the data stored by us at any time. To do so, please send your request in writing or by e-mail to the address given in the previous paragraph or to datenschutz@sell-pick.com

2 Services, subject matter and duration, data protection conditions

2.1 Our service: We offer two types of services on our software platform for sales management and sales increase:

2.2. on the one hand, these are the actual services of the platform where companies can create campaigns (also called "missions") (see also section 3.2 below) with the result that bonuses/transactions made by you are linked to this in order to possibly credit you with a reward if the target is achieved and

2.3. on the other hand, you can optionally take advantage of offers and/or rewards from partner companies.

2.4 This Privacy Policy applies for as long as you have an account on our Services.

2.5 These data protection provisions apply in addition to the terms of use for our services (currently called "Terms of use sell & pick platform for employees" and "Terms of use sell & pick platform for companies"). Insofar as these data protection provisions do not contain any regulations or contain loopholes, the terms of use applicable to you in each case shall apply.

3 Data collection and processing

3.1 Basic data: We only process personal data of our users to the extent necessary to provide a functional website and our content and services. The processing of our users' personal data only takes place regularly with the user's consent. An exception applies in cases where prior consent cannot be obtained for factual reasons and the processing of the data is permitted by law.

3.2 If you wish to use our service, you must provide at least your name, your photo, your e-mail address, a password and the company for which you work and which participates in our service when setting up an account (hereinafter referred to as "basic data"). You must have previously requested a PIN number from the company and / or this will be assigned to you and entered in your account so that your bonuses can also be assigned to you. You agree to these data protection provisions and the terms of use applicable to you by clicking on the corresponding button when you first log in to the Service. You hereby consent to the company for which you work as a permanent employee or freelancer and that you use our service creating the basic data for you and subsequently providing you with the access data (account name and password) and obtaining this consent from you or declaring this consent on your behalf.

3.3 Campaigns (missions): Campaigns (missions) are set up by companies participating in the Service or on behalf of these companies by sell & pick (hereinafter "Participating Companies"). They can offer the prospect of a reward (also known as an "incentive") if certain targets are achieved. Targets are usually aimed at turnover and/or sales or quantity of goods. You can set your own personal targets. These are stored in your account and evaluated in pseudonymized form.

3.4 Turnover/bonus data: If you generate sales that are relevant to a campaign, these will be assigned to your account insofar as they are automatically recorded in our service. You hereby agree that sales data belongs to the respective company for which the sales were made, which is usually the company where you are an employee.

3.5 Usage data: Every time you access our system, for example via the websites or mobile applications, certain information is automatically logged, which is transmitted by your Internet browser and your mobile device. The name of your internet service provider, the website from which you visit us, the websites you visit on our site, the operating system used and your IP address, the date and time of the data retrieval and the amount of data transferred, possibly the current location data of your mobile device. (hereinafter referred to as "usage data").

3.6 Sending e-mails

3.6.1 Newsletter: You can subscribe to a free newsletter on our websites. When registering for the newsletter, the data from the input mask is transmitted to us. The following mandatory data is collected during registration E-mail address. The following additional data is also collected IP address of the accessing computer, date and time of registration. Your consent is obtained for the processing of the data as part of the registration process and reference is made to this privacy policy. Data is passed on to third parties in connection with data processing for the sending of newsletters. The data is used exclusively for sending the newsletter. Purpose of data processing: The purpose of collecting the user's email address is to send the newsletter. The collection of other personal data as part of the registration process serves to prevent misuse of the services or the e-mail address used.

3.6.2 Transactional e-mails

We use Postmark (Wildbit LLC.) in our products for the automated sending of transactional emails (e.g. forgotten password, send login link, ...) For this purpose, we transmit personal data (name, email). The data is processed and stored outside the EU. Wildbit LLC. is EU-US Privacy Shield certified. (https://www.privacyshield.gov/participant?id=a2zt00000004EKYAA2&status=Active). https://wildbit.com/privacy-policy

3.7 Duration of storage: The data is deleted as soon as it is no longer required for the purpose for which it was collected. The user's email address is therefore stored for as long as the subscription to the newsletter is active. The other personal data collected during the registration process is generally deleted after a period of seven days. Right of objection and removal

The subscription to the newsletter can be canceled by the user concerned at any time. There is a corresponding link in every newsletter for this purpose.

3.8 Online appointment scheduling

sell & pick GmbH offers users/website visitors a service for coordinating appointments via a third-party service (YouCanBookMe Ltd).

If a data subject leaves an appointment request on one of our websites via this online service, the data left by the data subject (name, email address) is passed on to the third-party service. Furthermore, the IP address assigned by the data subject's Internet service provider (ISP) and personal data are also logged. This personal data is therefore stored in the controller's own interest so that the controller can exculpate itself in the event of an infringement. The data entered via Youcanbook.me is therefore processed exclusively on the basis of your consent (Art. 6 para. 1 lit. a GDPR). You can withdraw this consent at any time. The legality of the data processing operations carried out until the revocation remains unaffected by the revocation.(https://youcanbook.me/privacy/)

3.9 Legal basis for the processing of personal data: Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 para. 1 lit. a EU General Data Protection Regulation (GDPR) serves as the legal basis. When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures. Insofar as the processing of personal data is necessary to fulfill a legal obligation to which our company is subject, Art. 6 para. 1 lit. c GDPR serves as the legal basis. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis. If the processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 para. 1 lit. f GDPR serves as the legal basis for the processing.

3.10. Contact form and email contact

There is a contact form on our website that can be used to contact us electronically. If you use this option, the data entered in the input mask will be transmitted to us and stored. These data are Title, first name, surname, company, email address

The following data is also stored when the message is sent: The user's IP address, date and time of registration.

No data is passed on to third parties in this context. The data is used exclusively for processing the conversation.

3.11. The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 para. 1 lit. f GDPR. If the e-mail contact is aimed at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR.

3.12. Purpose of the data processing

The processing of the personal data from the input mask serves us solely to process the contact. If you contact us by email, this also constitutes the necessary legitimate interest in processing the data.

The other personal data processed during the sending process is used to prevent misuse of the contact form and to ensure the security of our information technology systems. This collection of personal data takes place exclusively for the purpose of contacting us. In addition to the right to information about your data held by us, you have further rights regarding the processing of your data, which we have listed under 3.12.

3.13. Deletion of data / duration of storage You have the right at any time to receive specific information about the data stored about you, to view this data and to request that inaccurate data about you be corrected or that the stored data be completely or partially deleted. You can revoke your consent to the processing and use of your data at any time with effect for the future. The relevant data will then be deleted or blocked immediately in accordance with statutory retention periods.

You can send your revocation, stating your full name and e-mail address, to the following postal or e-mail address:sell & pick GmbH, Maximiliansplatz 20, 80333 Munich, datenschutz@sell-pick.com

3.14. Possibility of objection and removal

The user has the option to revoke their consent to the processing of personal data at any time. If the user contacts us by email, they can object to the storage of their personal data at any time. In such a case, the conversation cannot be continued. All personal data stored in the course of contacting us will be deleted in this case.

4 Disclosure of personal data to third parties

4.1 Personal data is passed on to third parties as follows:

4.2 Your basic data may be passed on to third parties, usually partner companies, for the purpose of sending you information. You hereby consent to both this disclosure and the receipt of the information. You may at any time tell the party sending you information, including us, that you no longer wish to receive information in the future.

4.3 Goals that you create for yourself will not be passed on to third parties, not even to participating companies or participating third parties.

4.4 Bonification data is assigned to individual campaigns (missions). The reward data of the campaigns (missions) in which you participate are visible at the participating company where you are employed. If a campaign is designed for a group of users of our service to work together towards one or more goals, the goal achievement data will be made available to all members of the respective group and - unless the campaign conditions exclude or expressly provide for this - in summary form to all other groups participating in the campaign, in addition to the data already written. We will evaluate the bonus data and target achievement data in aggregated form for statistical purposes and make these evaluations available to participating companies.

4.5 Personal usage data will not be made available to third parties.

4.6 Otherwise, your personal data will only be passed on or transmitted to third parties if this is necessary for the purpose of processing the contract between you and us under the terms of use applicable to you and these data protection provisions, or for billing purposes, if this is required by mandatory statutory provisions or if you have given your prior separate consent.

4.7 For external service providers, see Section 9.

4.8 You can revoke your consent to the disclosure or transfer of your personal data to third parties at any time. All you need to do is send an email to: datenschutz@sell-pick.com

5 Use of personal data

5.1 We use your personal data for the technical administration and processing of your account and for the purpose of regularly sending you news about our service. You can object to receiving news about our service at any time. All you need to do is send an email to: datenschutz@sell-pick.com.

5.2 We use the usage data collected by us in pseudonymized form for the purposes of advertising, market research and the needs-based design of our service. We will not merge a pseudonymized usage profile with your personal data without your express consent.

5.3 If you have given your consent, we may use your personal data for marketing purposes and send you individually tailored information by post, e-mail, SMS, MMS, when you use our applications for mobile devices or when you use our Internet portal. We select this customized information for you based on the following data: Usage data, basic data, sales data.

5.4 You can revoke your consent to the storage of your personal data and/or the sending of information at any time. All you need to do is send an e-mail to: datenschutz@sell-pick.com.

6. cookies

6.1 Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user's computer system. When a user accesses a website, a cookie may be stored on the user's operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again. We use cookies on our website that enable an analysis of the user's surfing behavior. In this way, the following data can be transmitted, for example Search terms entered, frequency of page views, use of website functions. When accessing our website, the user is informed about the use of cookies for analysis purposes and their consent to the processing of the personal data used in this context is obtained. The data subject can prevent the setting of cookies by our website at any time by means of a corresponding setting of the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. This is possible in all common Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our websites may be fully usable. A list of the analysis tools currently used can be requested at: datenschutz@sell-pick.com The legal basis for the processing of personal data using cookies is Art. 6 para. 1 lit. a GDPR.

7 Trackers and cookies used

7.1 Segment

Segment.io, Inc. (USA) is used in our products to collect pseudonymized usage data of registered users. The data is processed outside the EU and then sent to the EU-based sell & pick data warehouse. The processing is governed by a DPA and the EU Model Clauses. https://segment.com/docs/legal/privacy/

7.2 Intercom

Intercom, Inc (USA) is used in our products to collect usage data including name/email and then send messages to registered users. The data is processed and stored outside the EU and then sent to the EU-based sell & pick data warehouse. Intercom is EU-US Privacy Shield certified (https://www.privacyshield.gov/participant?id=a2zt0000000TNQvAAO). https://www.intercom.com/terms-and-policies

7.3 Google Analytics

Google, LLC (USA) is used on our website to collect anonymized data (e.g. browser information, cookies, date/time, ...) and pseudonymized data (IP address). The data is processed and stored outside the EU. Google is EU-US Privacy Shield certified (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI). https://policies.google.com/privacy

7.4 Facebook Pixel

Facebook, Inc. (USA) is used on our website to collect browser and usage data for advertising purposes and the data is processed and stored outside the EU. Facebook is EU-US Privacy Shield certified (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC). https://de-de.facebook.com/about/privacy/

7.5 Newsletter tracking
The sell & pick GmbH newsletters contain so-called tracking pixels. A tracking pixel is a miniature graphic that is embedded in emails that are sent in HTML format to enable log file recording and log file analysis. This allows a statistical evaluation of the success or failure of online marketing campaigns to be carried out. Based on the embedded tracking pixel, the sell & pick GmbH 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 via the tracking pixels contained in the newsletters are stored and evaluated by the controller (sell & pick GmbH uses the newsletter system MailChimp) in order to optimize the newsletter dispatch and to adapt the content of future newsletters even better to the interests of the data subject. This personal data is passed on to third parties. Data subjects are entitled at any time to revoke the separate declaration of consent given in this regard via the double opt-in procedure. After revocation, this personal data will be deleted by the controller. The sell & pick GmbH automatically regards a withdrawal from the receipt of the newsletter as a revocation.

7.6 Use of the SalesViewer® technology
This website uses SalesViewer® technology from SalesViewer® GmbH to collect and store data for marketing, market research and optimization purposes on the basis of the website operator's legitimate interests (Art. 6 (1) (f) GDPR).
For this purpose, a javascript-based code is used to collect company-related data and the corresponding use. The data collected using this technology is encrypted using a non-reversible one-way function (known as hashing). The data is immediately pseudonymized and is not used to personally identify the visitor to this website.
The data stored by Salesviewer is deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory retention obligations.
You can object to the collection and storage of data at any time with effect for the future by clicking on this linkhttps://www.salesviewer.com/opt-out to prevent SalesViewer® from collecting data on this website in the future. An opt-out cookie for this website will be stored on your device. If you delete your cookies in this browser, you must click on this link again.

8 Technical and organizational measures

8.1 We use appropriate technical and organizational measures to protect your personal data. Our security measures are continuously revised in line with technological developments.

9. use of external service providers

9.1 For certain activities (e.g. hosting our software, hosting our website) we commission external service providers with data processing (e.g. data centers). These service providers process the data exclusively in accordance with our instructions, are therefore also bound by this privacy policy and are monitored by us. The service providers may not use the personal data for their own purposes.

10. controls, breaches to be reported, instructions

10.1 We are monitored by our data protection officer and the relevant supervisory authorities.

10.2 We monitor our external service providers in accordance with the applicable legal regulations.

10.3 Should your personal data become known to third parties contrary to these data protection provisions and should this be communicated to you in accordance with the statutory provisions, we will do so in an appropriate form, in particular by e-mail, SMS, MMS, through an application on your smartphone.

11 Correction, deletion, blocking, right of revocation, termination

11.1 The personal data of the data subject will be deleted or blocked as soon as the purpose of storage ceases to apply. Data may also be stored if this has been provided for by the European or national legislator in EU regulations, laws or other provisions to which the controller is subject. The data will also be blocked or erased if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or fulfillment of a contract.

11.2 You have the option of requesting the correction, blocking or deletion of your personal data from us at any time. To do so, please send your request in writing or by e-mail to the address given in section 1. A request to delete your personal data automatically includes the termination of the contract with us.

11.3 You have the option to revoke your consent to the storage and use of your personal data at any time with effect for the future. The revocation automatically includes the (partial) termination of the contract with us. In doing so, you only declare the termination for the parts of the contract that are affected by your revocation. The revocation can be made in writing (by post) or by e-mail to the above-mentioned address or e-mail address of our company (see addresses in section 1).

11.4 In the event that you terminate the contract with us in accordance with the Terms of Use, the same provisions apply as in the case of revocation.

11.5 We will delete your personal data from our service after receipt of the revocation. This will take place within a period of 30 working days (Monday to Friday, excluding public holidays in the Federal Republic of Germany and Bavaria). Your account will also be deleted. A transfer of your personal data to you in any form upon termination of the contract is excluded.

11.6 The right to erasure does not exist if the processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; for reasons of public interest in the area of public health pursuant to Art. 9 para. 2 lit. h and i and Art. 9 para. 3 GDPR; for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 para. 1 GDPR, insofar as the right referred to in section a) is likely to render impossible or seriously impair the achievement of the objectives of that processing, or for the establishment, exercise or defense of legal claims.

12. rights of the data subject

If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller

Right of access: You can request confirmation from the controller as to whether personal data concerning you is being processed by us. If such processing is taking place, you can request the following information from the controller

The purposes for which the personal data are processed.

The planned duration of storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the duration of storage.

The existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing.

The existence of a right to lodge a complaint with a supervisory authority.

You have the right to request information as to whether the personal data concerning you is transferred to a third country or to an international organization. In this context, you may request to be informed of the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transfer.

12.1 Right to rectification

You have a right to rectification and/or completion vis-à-vis the controller if the processed personal data concerning you is incorrect or incomplete. The controller must make the rectification without undue delay.

12.2 Right to restriction of processing: Under the following conditions, you may request the restriction of the processing of personal data concerning you:

If you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data.

the processing is unlawful and you oppose the erasure of the personal data and request 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 you for the establishment, exercise or defense of legal claims, or if you have objected to processing pursuant to Art. 21 (1) GDPR pending the verification whether the legitimate grounds of the controller override your grounds. If the processing of personal data concerning you has been restricted, this data - apart from its storage - may only be processed with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

13 General information

13.1 We reserve the right to change this Privacy Policy and to notify you of this by e-mail, SMS, MMS, post, application on your smartphone or our website. You have six (6) weeks from receipt of this notification to object to the validity of the new data protection provisions. If you do not object within this period, you will be deemed to have consented to the validity of the new data protection provisions upon expiry of this period. We will point out the deadline and the possibility of objection and consent by omitting the objection in the notification of the change to these data protection provisions.

Status May 2018