Plumsail Privacy Policy

Updated October 4, 2024

1. Introduction

1.1. Scope

In the following, we, Plumsail Inc., provide information about the collection of personal data when using

our website https://plumsail.com and https://community.plumsail.com
our profiles in social media.

Personal data is any data that can be related to a specific natural person, such as their name or IP address.

1.2. Scope of data processing, processing purposes and legal bases

We detail the scope of data processing, processing purposes and legal bases below. In principle, the following come into consideration as the legal basis for data processing:

Art. 6 para. 1 s. 1 lit. a GDPR serves as our legal basis for processing operations for which we obtain consent.
Art. 6 para. 1 s. 1 lit. b GDPR is the legal basis insofar as the processing of personal data is necessary for the performance of a contract, e.g. if a site visitor purchases a product from us or we perform a service for him. This legal basis also applies to processing that is necessary for pre-contractual measures, such as in the case of inquiries about our products or services.
Art. 6 para. 1 s. 1 lit. c GDPR applies if we fulfill a legal obligation by processing personal data, as may be the case, for example, in tax law.
Art. 6 para. 1 s. 1 lit. f GDPR serves as the legal basis when we can rely on legitimate interests to process personal data, e.g. for cookies that are necessary for the technical operation of our website.

1.3. Storage duration

Unless expressly stated in this privacy policy, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and no legal obligations to retain data conflict with the deletion. If the data are not deleted because they are required for other and legally permissible purposes, their processing is restricted, i.e. the data are blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.

1.4. Rights of data subjects

Data subjects have the following rights against us with regard to their personal data:

Right of access,
Right to correction or deletion,
Right to limit processing,
Right to object to the processing,
Right to data transferability,
Right to revoke a given consent at any time.

Data subjects also have the right to complain to a data protection supervisory authority about the processing of their personal data.

1.5. Obligation to provide data

Within the scope of the business or other relationship, customers, prospective customers or third parties need to provide us with personal data that is necessary for the establishment, execution and termination of a business or other relationship or that we are legally obliged to collect. Without this data, we will generally have to refuse to conclude the contract or to provide a service or will no longer be able to perform an existing contract or other relationship.

Mandatory data are marked as such.

1.6. No automatic decision-making in individual cases

As a matter of principle, we do not use a fully automated decision-making process in accordance with article 22 GDPR to establish and implement the business or other relationship. Should we use these procedures in individual cases, we will inform of this separately if this is required by law.

1.7. Making contact

When contacting us, e.g. by e-mail or telephone, the data provided to us (e.g. names and e-mail addresses) will be stored by us in order to answer questions. The legal basis for the processing is our legitimate interest (Art. 6 para. 1 s. 1 lit. f GDPR) to answer inquiries directed to us. We delete the data accruing in this context after the storage is no longer necessary or restrict the processing if there are legal retention obligations.

1.8. Customer surveys

From time to time, we conduct customer surveys to get to know our customers and their wishes better. In doing so, we collect the data requested in each case. It is our legitimate interest to get to know our customers and their wishes better, so that the legal basis for the associated data processing is Art. 6 para. 1 s. 1 lit f GDPR. We delete the data when the results of the surveys have been evaluated.

1.9. Data of minors

We prioritize the privacy and safety of all our users. In compliance with applicable laws, we do not knowingly collect or solicit personal information from minors (individuals under the age of 18). Our services are not directed towards minors, and we take appropriate measures to ensure that minors do not access our platform without proper consent.

If you are a parent or guardian and believe that a minor has registered an account on our platform without your consent, please contact us immediately. Upon verification, we will promptly take steps to delete the minor’s account and any associated data from our system.

To report an account or seek assistance regarding the data of a minor, you can reach us at the contact details listed further below.

We are committed to maintaining a safe and compliant environment for all users.

1.10. Data processing outside the EEA

Insofar as we transfer data of data subjects located in the EEA to service providers or other third parties outside the EEA, the security of the data during the transfer is guaranteed by adequacy decisions of the EU Commission, insofar as they exist (e.g. for Great Britain, Canada and Israel) (Art. 45 para. 3 GDPR).

In the case of data transfer to service providers in the USA, the legal basis for the data transfer is an adequacy decision of the EU Commission if the service provider has also certified itself under the EU US Data Privacy Framework.

In other cases (e.g. if no adequacy decision exists), the legal basis for the data transfer are usually, i.e. unless we indicate otherwise, standard contractual clauses. These are a set of rules adopted by the EU Commission and are part of the contract with the respective third party. According to Art. 46 para. 2 lit. b GDPR, they ensure the security of the data transfer. Many of the providers have given contractual guarantees that go beyond the standard contractual clauses to protect the data. These include, for example, guarantees regarding the encryption of data or regarding an obligation on the part of the third party to notify data subjects if law enforcement agencies wish to access the respective data.

1.11. CAN-SPAM Act

We are committed to ensuring that any email communications we send comply with the CAN-SPAM Act of 2003, which sets the rules for commercial emails, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and provides penalties for violations.

In accordance with the CAN-SPAM Act:

We do not use false or misleading headers or subject lines in our emails.
We clearly identify marketing messages as advertisements when applicable.
We include a valid physical postal address in all of our email communications.
We provide a clear and easy-to-use method for opting out of receiving future emails. Users can unsubscribe from our mailing list at any time by following the instructions provided at the bottom of each email.
We promptly honor opt-out/unsubscribe requests and ensure that you will no longer receive future communications from us once your request is processed.

If you have any questions regarding our email practices or would like to stop receiving our communications, please contact us at out contact details listed further below.

We take your privacy seriously and strive to comply fully with the CAN-SPAM Act to provide a respectful and user-friendly experience.

2. Newsletter

We reserve the right to inform customers who have already used services from us or purchased goods from time to time by e-mail or other means about our offers, if they have not objected to this. The legal basis for this data processing is Art. 6 para. 1 s. 1 lit. f GDPR. Our legitimate interest is to conduct direct advertising (recital 47 GDPR). Customers can object to the use of their e-mail address for advertising purposes at any time without incurring additional costs, for example via the link at the end of each e-mail or by sending an e-mail to our above-mentioned e-mail address.

We send newsletters with the tool Brevo of the provider Sendinblue Inc.. The provider processes content, usage, meta/communication data and contact data in the process in the EU. Further information is available in the provider's privacy policy.

3. Data processing on our website

3.1. Informative use of our website

During the informative use of the website, i.e. when site visitors do not separately transmit information to us, we collect the personal data that the browser transmits to our server in order to ensure the stability and security of our website. This is our legitimate interest, so that the legal basis is Art. 6 para. 1 s. 1 lit. f GDPR.

These data are:

IP address
Date and time of the request
Time zone difference to Greenwich Mean Time (GMT)
Content of the request (specific page)
Access status/HTTP status code
Amount of data transferred in each case
Website from which the request comes
Browser
Operating system and its interface
Language and version of the browser software.

This data is also stored in log files. They are deleted when their storage is no longer necessary, at the latest after 14 days.

3.2. Web hosting and provision of the website

Our website is hosted by Hetzner. The provider is Hetzner Online GmbH, Industriestr. 25, 91710 Gunzenhausen. In doing so, the provider processes the personal data transmitted via the website, e.g. content, usage, meta/communication data or contact data, in the EU. Further information can be found in the provider's privacy policy.

It is our legitimate interest to provide a website, so the legal basis of the described data processing is Art. 6 para. 1 s. 1 lit. f GDPR.

We use the content delivery network Cloudflare for our website. The provider is Cloudflare, Inc., 101 Townsend St., San Francisco, CA 94107, USA. The provider thereby processes the personal data transmitted via the website, e.g. content, usage, meta/communication data or contact data in the USA. Further information can be found in the provider's privacy policy.

We have a legitimate interest in using sufficient storage and delivery capacity to ensure optimal data throughput even during large peak loads. Therefore, the legal basis of the described data processing is Art. 6 para. 1 s. 1 lit. f GDPR.

Legal basis of the transfer to a country outside the EEA are adequacy decision. The security of the data transferred to the third country (i.e. a country outside the EEA) is guaranteed because the EU Commission has decided as part of an adequacy decision in accordance with Art. 45 para. 3 GDPR that the third country ensures an adequate level of protection.

3.3. Contact form

When contacting us via the contact form on our website, we store the data requested there and the content of the message.
The legal basis for the processing is our legitimate interest in answering inquiries directed to us. The legal basis for the processing is therefore Art. 6 para. 1 s. 1 lit. f GDPR.
We delete the data accruing in this context after the storage is no longer necessary or restrict the processing if there are legal retention obligations.

3.4. Booking of appointments

Site visitors can book appointments with us on our website. For this purpose, we process meta data or communication data in addition to the data entered. We have a legitimate interest in offering interested parties a user-friendly option for making appointments. Therefore, the legal basis for data processing is Art. 6 para. 1 s. 1 lit. f GDPR. Insofar as we use a third-party tool for the agreement, the information on this can be found under "Third parties".

3.5. Plumsail account

Site visitors can open a Plumsail account on our website. We process the data requested in this context based on the contract conclude with the site visitor. Legal basis for the processing is Art. 6 para. 1 s. 1 lit. b GDPR.

3.6. Community account

Site visitors can open a Plumsail account on our website. We process the following data: Company, full name, email and messages in community (https://community.plumsail.com).

The processing of the data is carried out for the performance of the contract concluded with the respective site visitor (Art. 6 para. 1 s. 1 lit. b GDPR).

3.7. Single-sign on

Users can log in to our website using one or more single sign-on methods. In doing so, they use the login data already created for a provider. The prerequisite is that the user is already registered with the respective provider. When a user logs in using a single sign-on procedure, we receive information from the provider that the user is logged in to the provider and the provider receives information that the user is using the single sign-on procedure on our website. Depending on the user's settings in his account on the provider's site, additional information may be provided to us by the provider. The legal basis for this processing is Art. 6 para. 1 sentence 1 lit. f GDPR. We have a legitimate interest in providing users with a simple log-in option. At the same time, the interests of the users are safeguarded, as use is only voluntary.

Providers of the offered method(s) are:

Meta Platforms, Inc., 1601 Willow Rd, Menlo Park, CA 94025, USA ("Meta"). Which data we receive from Meta is communicated to page visitors by Meta as part of the registration process. Information about Meta and the contact details of the data protection officer, as well as further information about how Meta processes personal data, including the legal basis and the options for exercising rights as a data subject against Meta, can be found here. We are jointly responsible with Meta for the data processing taking place through Meta in the context of the use of the procedure and have concluded a joint controller agreement (Art. 26 GDPR) with Meta. There we have defined the respective responsibilities for the fulfillment of the obligations under the GDPR with regard to joint processing. We are required to provide the above information and Meta has assumed responsibility for the other data subject rights under Art. 15-20 GDPR.
Google LLC, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA (privacy policy)

3.8. Payment processors

For the processing of payments, we use payment processors who are themselves data controllers within the meaning of Art. 4 No. 7 GDPR. Insofar as they receive data and payment data entered by us in the ordering process, we thereby fulfill the contract concluded with our customers (Art. 6 para. 1 s. 1 lit. b GDPR).

These payment processors are:

Stripe, Inc.

3.9. Technically necessary cookies

Our website sets cookies. Cookies are small text files that are stored in the web browser on the end device of a site visitor. Cookies help to make the offer more user-friendly, effective and secure. Insofar as these cookies are necessary for the operation of our website or its functions (hereinafter "Technically Necessary Cookies"), the legal basis for the associated data processing is Art. 6 para. 1 s. 1 lit. f GDPR. We have a legitimate interest in providing customers and other site visitors with a functional website.
Specifically, we set technically necessary cookies for the following purpose or purposes:

Cookies that store log-in data

3.10. Third parties

3.10.1. Google Analytics

We use Google Analytics for analytics. The provider is Google LLC, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA. The provider processes usage data (e.g. web pages visited, interest in content, access times) and meta/communication data (e.g. device information, IP addresses) in the USA.

The legal basis for the processing is Art. 6 para. 1 s. 1 lit. a GDPR. The processing is based on consent. Data subjects may revoke their consent at any time by contacting us, for example, using the contact details provided in our privacy policy. The revocation does not affect the lawfulness of the processing until the revocation.

The legal basis for the transfer to a country outside the EEA are adequacy decision. The security of the data transferred to the third country (i.e. a country outside the EEA) is guaranteed because the EU Commission has decided as part of an adequacy decision in accordance with Art. 45 para. 3 GDPR that the third country ensures an adequate level of protection.

The data will be deleted when the purpose for which it was collected no longer applies and there is no obligation to retain it. Further information is available in the provider's privacy policy.

3.10.2. FirstPromoter

We use FirstPromoter for affiliate marketing. The provider is Igil Webs SRL, Str. Talmacelului, nr. 30, Talmaciu, Sibiu, Romania. The provider processes usage data (e.g. web pages visited, interest in content, access times), contact data (e.g. e-mail addresses, telephone numbers), and meta/communication data (e.g. device information, IP addresses) in the USA.

The legal basis for the transfer to a country outside the EEA are standard contractual clauses. The security of the data transferred to the third country (i.e. a country outside the EEA) is guaranteed by standard data protection clauses (Art. 46 para. 2 lit. c GDPR) adopted by the EU Commission in accordance with the examination procedure under Art. 93 para. 2 of the GDPR, which we have agreed to with the provider.

The data will be deleted when the purpose for which it was collected no longer applies and there is no obligation to retain it. Further information is available in the provider's privacy policy.

3.10.3. Google Tag Manager

We use Google Tag Manager for analytics and for advertisement. The provider is Google LLC, 1600 Amphitheatre Pkwy, Mountain View, CA 94043, USA. The provider processes usage data (e.g. web pages visited, interest in content, access times) in the USA.

We delete the data when the purpose for which it was collected no longer applies. Further information is available in the provider's privacy policy.

3.10.4. heyData

We have integrated a data protection seal on our website. The provider is heyData GmbH, Schützenstraße 5, 10117 Berlin, Germany. The provider processes meta/communication data (e.g. IP addresses) in the EU.

The legal basis of the processing is Art. 6 para. 1 s. 1 lit. f GDPR. We have a legitimate interest in providing website visitors with confirmation of our data privacy compliance. At the same time, the provider has a legitimate interest in ensuring that only customers with existing contracts use its seals, which is why a mere image copy of the certificate is not a viable alternative as confirmation.

As the data is masked after collection, there is no possibility to identify website visitors. Further information is available in the privacy policy of the provider.

3.11. Notice for website visitors from the EEA

Our website stores information in the terminal equipment of website visitors (e.g. cookies) or accesses information that is already stored in the terminal equipment (e.g. IP addresses). What information this is in detail can be found in the following sections.

This storage and access is based on:

technical necessity, insofar as this storage or access is absolutely necessary for us to provide the service of our website expressly requested by website visitors (e.g. to carry out a chatbot used by the website visitor or to ensure the IT security of our website) in accordance with the law that implements the ePrivacy Directive, in Germany this would be §25 para. 1 TDDDG or
the consent of the website visitor.

The subsequent data processing is carried out in accordance with the following sections and on the basis of the provisions of the GDPR.

4. Data processing on social media platforms

We are represented in social media networks in order to present our organization and our services there. The operators of these networks regularly process their users' data for advertising purposes. Among other things, they create user profiles from their online behavior, which are used, for example, to show advertising on the pages of the networks and elsewhere on the Internet that corresponds to the interests of the users. To this end, the operators of the networks store information on user behavior in cookies on the users' computers. Furthermore, it cannot be ruled out that the operators merge this information with other data. Users can obtain further information and instructions on how to object to processing by the site operators in the data protection declarations of the respective operators listed below. It is also possible that the operators or their servers are located in non-EU countries, so that they process data there. This may result in risks for users, e.g. because it is more difficult to enforce their rights or because government agencies access the data.

If users of the networks contact us via our profiles, we process the data provided to us in order to respond to the inquiries. This is our legitimate interest, so that the legal basis is Art. 6 para. 1 s. 1 lit. f GDPR.

4.1. Facebook

We maintain a profile on Facebook. The operator is Meta Platforms, Inc., 1601 Willow Rd, Menlo Park, CA 94025, USA (Meta). The privacy policy is available here. A possibility to object to data processing arises via settings for advertisements. We are joint controllers for processing the data of visitors to our profile on the basis of an agreement within the meaning of Art. 26 GDPR with Meta. Meta explains exactly what data is processed here. Data subjects can exercise their rights both against us and against Meta. However, according to our agreement with Meta, we are obliged to forward requests to Meta. Data subjects will therefore receive a faster response if they contact Meta directly.

4.2. YouTube

We maintain a profile on YouTube. The operator is Google LLC, 1600 Amphitheatre Pkwy, Mountain View, CA 94043, USA. The privacy policy is available here.

4.3. X (formerly Twitter)

We maintain a profile on X. The operator is Twitter Inc, 1355 Market Street, Suite 900, San Francisco, CA 94103, USA. The privacy policy is available here. One way to object to data processing is via the settings for advertisements.

4.4. LinkedIn

We maintain a profile on LinkedIn. The operator is LinkedIn Corporation, 1000 W. Maude Avenue Sunnyvale, CA 94085 USA. The privacy policy is available here. One way to object to data processing is via the settings for advertisements.

5. Changes to this privacy policy

We reserve the right to change this privacy policy with effect for the future. A current version is always available here.

6. Contact details, questions and comments

The controller within the meaning of Art. 4 para. 7 EU General Data Protection Regulation (GDPR) is Plumsail Inc., Biscayne Boulevard 2125, 33137 Miami, United States, email: privacy@plumsail.com.

Our data protection officer can be reached via heyData GmbH, Schützenstraße 5, 10117 Berlin, www.heydata.eu, E-Mail: dpo@plumsail.com.

If you have any questions or comments regarding this privacy policy, please feel free to contact us using the contact information provided above.