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Affiliate-Datenschutzrichtlinie

Version 1.2, last amended 2022-06-01

In this Affiliate Privacy Notice we, UAB Helis Play (“ENEBA”), explain how we handle your personal data we gather when you participate in the ENEBA Affiliate Program. All personal data are processed in accordance with the General Data Protection Regulation (EU) 2016/679 (“GDPR”) and applicable local EU Member State and / or other national data protection law.

In this notice you will find the answers to the following questions:

  1. how we use your data;
  2. when we provide your data to others;
  3. how long we store your data;
  4. what rights related to personal data you possess;
  5. other issues that you should take into account.

In case of any inquiries or if you would like to exercise any of your rights provided in this notice, you may submit such inquiries and requests by means provided in Contacts section, or to your assigned Affiliate manager.

You may contact us regarding all privacy related issues by email: privacy@eneba.com

In the event Privacy Notice is translated into other languages and if there are differences between the English version and such translation, the English version shall prevail, unless otherwise provided.

  1. Definitions

Affiliate” or “you” shall mean the natural or legal person who wishes to participate in the Program on the basis of the Affiliate T&Cs.

Affiliate Link” shall mean a hyperlink assigned to the Affiliate, containing a unique identification of the Affiliate, which is used by the Affiliate to invite Users to buy Products on the Platform.

Affiliate Panel” shall mean the Affiliate account section of the Website, where Affiliate may view information relevant to their participation in the Program. 

Affiliate Privacy Notice” shall mean this ENEBA Affiliate Privacy Notice.

Affiliate Services” shall mean promotion ENEBA Platform, referral of Users to ENEBA Platform and related promotional activities.

Affiliate T&Cs” shall mean the ENEBA Affiliate Terms and Conditions available at https://www.eneba.com/affiliate-terms-and-conditions.

App” shall mean ENEBA Mobile app, available for download at Apple Appstore and Google Playstore.

ENEBA” or “we” shall mean UAB Helis Play, legal entity’s code 304923415, with our registered office at Gyneju St. 4-333, Vilnius, the Republic of Lithuania.

ENEBA T&Cs” shall mean ENEBA Terms and Conditions available at https://www.eneba.com/terms-and-conditions

ENEBA Wallet” shall mean ENEBA Gift Card Balance system, activated in accordance with ENEBA T&Cs.

Platform“ shall mean the ENEBA Platform consisting of the Website and the App.

Privacy Notice” shall mean ENEBA Privacy Notice available at https://www.eneba.com/privacy-policy.

Program” shall mean the ENEBA Affiliate program. 

Products” shall mean digital and physical products offered on the Platform.

User” shall mean the users of the Platform who purchase Products with or without registration.

Website” shall mean ENEBA website www.eneba.com.

  1. How we use your personal data?

    This Section provides the following information:

    • categories of personal data, that we process;
    • in case the personal data that we did not obtain directly from you, the source and specific categories of that data;
    • the purposes for which we may process your personal data; and
    • the legal bases of the processing.

    So, what personal data do we collect and why?

    1. We process data about your use of our Platform and services and your ENEBA account. Our data collection practices for the use of ENEBA account and Platform is explained in detail in our Privacy Notice.
    2. We process your Affiliate application data which you provide to us when applying to become an Affiliate. Such information includes your name (or company name), chosen Affiliate name, email address, country, social media channels, websites and their statistics (follower count, views and similar metrics), which ENEBA products you wish to advertise, cover letter and other information that you may choose to provide when applying to the Program. The legal basis for this processing is your intention to enter into contract with ENEBA, and the data is necessary for our pre-contractual steps (to evaluate you as a potential Affiliate).
    3. After accepting you into our Program, we will ask you to provide additional Affiliate setup data. Such information includes your address, VAT payer code (if you have it), your address and birth date (or company code. The legal basis for this processing is the contract concluded between the Affiliate and ENEBA and is required to issue invoices.
    4. We shall be tracking your Affiliate stat data. This includes information generated by Product sales via your Affiliate links and similar statistics. You can view them at any time on your Affiliate Panel. The legal basis for this processing is the contract concluded between the Affiliate and ENEBA. This information is collected to evaluate your activity and success as an Affiliate for the benefit of both ENEBA and the Affiliate, and will also be used to calculate your earnings in accordance with Affiliate T&Cs.
    5. As part of participation in the Program, the Affiliate is eligible to receive Affiliate earnings. In connection with this, we shall be generating and collecting financial and invoicing data related to Affiliate payouts. The legal basis for this processing is the contract concluded between the Affiliate and ENEBA as well as ENEBA tax and accounting obligations (such as storage of invoices and transaction information).
    6. We may process any of your personal data identified in this notice where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
    7. We may process any of your personal data identified in this notice where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.
    8. In addition to the specific purposes for which we may process your personal data set out in this Section, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
  2. When we provide your data to others?
    1. We may disclose your personal data to any member of our group of companies (including our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes set out in this notice. Such may include internal administration purposes as well as provision/sharing of IT services or data centres in the group.
    2. We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
    3. We may disclose your personal data to our anti-fraud, risks and compliance providers or competent state institutions insofar as reasonably necessary for the purposes of protecting your personal data and/or fulfilling our legal obligations.
    4. We may disclose your personal data to our payment service providers. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, transferring funds and dealing with complaints and queries relating to such payments and transfers.
    5. We may disclose your personal data to other service providers insofar as it is reasonably necessary to provide specific services (including affiliate network managers, providers of servers and similar IT services, email service providers and other service providers). We take all the necessary measures to ensure that such subcontractors would implement proper organisational and technical measures to ensure security and privacy of your personal data.
    6. In addition to the specific disclosures of personal data set out in this Section, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
    7. Some service providers indicated in this Section may be established outside the Republic of Lithuania, European Union and European Economic Area (EEA). However, we always try to ensure that all of your data is processed within EEA. Please note that personal data may be less protected in non-EEA countries than in EEA countries. We closely monitor the evolving case law and guidelines of the Court of Justice of the European Union and data protection supervisory authorities on transfers outside the EEA, and carefully assess the conditions under which your data is transferred and may be further processed and stored after transfer to the above entities. To ensure the appropriate level of data security and to guarantee the lawful transfer of data, we conclude Standard Contractual Clauses approved by the European Commission or ensure other grounds and conditions established by legal acts. We will take all the necessary measures to ensure that your privacy will remain properly secured and protected. To find out more information regarding appropriate safeguards you may contact us via email: privacy@eneba.com
  3. How long we store your data?
    1. Your personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes. In any case it shall be kept for no longer than:
      1. data about your use of our Platform and services and your ENEBA account will be retained in accordance with our data collection practices explained in detail in our Privacy Notice.
      2. Affiliate application data will be retained for as long as your Affiliate status is active and for up to 5 (five) years after your Affiliate status is disabled. If your application is unsuccessful, it will be retained for up to 12 (twelve) months;
      3. Affiliate setup data will be retained for as long as your Affiliate status is active and for up to 5 (five) years after your Affiliate status is disabled;
      4. Affiliate stat data will be retained for as long as your Affiliate status is active and for up to 5 (five) years after your Affiliate status is disabled;
      5. financial and invoicing data will be retained as long as it is necessary to comply with the related legal requirements.
    2. Notwithstanding the other provisions of this Section, we may retain your personal data for a longer period of time than indicated, in cases where:
      1. it is necessary for our legitimate business interests, such as fraud detection and prevention and enhancing safety. If ENEBA suspends your User Account for safety and fraud prevention reasons, we may retain certain information from that User Account to prevent that User from opening a new User Account in the future;
      2. it is necessary to comply with our legal obligations. ENEBA may keep some of your information for tax, legal reporting and auditing obligations;
      3. it is necessary to resolve legal disputes;
      4. it is necessary to enforce our agreements and/or pursue or protect our legitimate interests;
      5. as we protect Platform from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time
  4. Your rights
    1. Your principal rights under data protection law are the following:
      1. the right to access data;
      2. the right to rectification (note that you may exercise most of this right by logging to your account here);
      3. the right to erasure of your personal data;
      4. the right to restrict processing of your personal data;
      5. the right to object to processing of your personal data;
      6. the right to data portability, and;
      7. the right to withdraw consent.
    2. If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement. Our data processing is supervised by State Data Protection Inspectorate of the Republic of Lithuania, registered office at L. Sapiegos St. 17, LT-10312, www.vdai.lrv.lt.
    3. In addition to specific measure provided in this Section or the Platform you may also exercise any of the rights indicated herein by contacting us via Contacts, your assigned Affiliate manager or via privacy@eneba.com
    4. For more details on your rights, you can check Section 5 of Privacy Notice.
  5. Updating your data

    Please let us know if the personal information that we hold about you needs to be corrected or updated.

  6. Changes to the notice

    Any changes to this notice will be published on the Platform and, in case of material changes, we may inform you about such via email