Updated: 17 January 2024
Data protection and privacy is very important to us, PERFORMANCE LEAD GMBH. (hereinafter "PERFORMANCE LEAD GMBH". or "we"), Hauptstrasse 223, 65760 Eschborn Germany represented by CEO: Mr. Junaid Din. This policy (together with our terms of use and any other documents referred to on it) sets out the basis as a data controller, we are committed to protecting and respecting your privacy as with. We follow strict procedures on how personal information is stored, transferred, and/or use of personal data, complying in the process, already at this time, with the specifications of the EU General Data Protection Regulation (GDPR). The protection of your data is of paramount importance to us; please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
Who we are and how to contact us?
It is important that you read this privacy policy carefully so that you are fully aware of how and why we use your personal information. We do not knowingly collect personal information relating to children under the age of 16 and children under the age of 16 should not use this website.
We have appointed a data protection officer (DPO) to oversee our data protection and privacy practices. If you have any questions about this privacy policy or if you wish to exercise your legal rights set out in this privacy policy, please contact our DPO using the details below. You can reach our data protection officer at: dataprotection.uk@performance-lead.com
For the purpose of the Data Protection Act 2018 (‘the Act’) and General Data Protection Regulation (GDPR) (EU) 2016/679, and as the data controller, we are obliged and invite you to contact us anytime either via our postal address or by e-mail at the following address: contact.uk@performance-lead.com. The above statement provides you with information on all aspects of our offering that are relevant in terms of data protection and privacy, particularly: • the collection and storage of your personal data, • the transfer and use of your personal data and • your rights 1. Which personal data we collect and store?
As permitted by applicable law, we may collect, use, store and transfer different kinds of Personal Data about you when you use our services. We have grouped these into the following categories of Personal Data:
Identity Data such as first name, last name, Social Media profile, username, Contact Data such as billing addresses, email addresses and telephone numbers
Transaction Data such as details regarding offers you have signed up to or services that you have subscribed to in relation to this Website
Marketing and Communications Data such as your preferences in receiving marketing from us and our third-parties
We do not require any special categories of personal data about you (e.g. religion, race, ethnic origin, politics, genetics, health, sexual orientation). Please do not provide this type of personal data to us.
In compliance with Art. 27 UK-GDPR we must have a legal representative of Performance leads in the UK. You can contact our representative by writing an email to c/o Rickert Service Ltd. UK at: dataprotection.uk@performance-lead.com.
Depending upon the way in which you have signed up to our offers, you are looking to win, we may obtain the following:
We will only use your Personal Data where permitted by law. The law on data protection sets out several different reasons for which a company may collect and process your personal data, including:
Consent: In specific situations, we collect and process your data with your consent. For example, when we rely on your consent to send you direct marketing by email or via push notifications on your device. We collect your consent when applicable laws require it (including but not limited to the Privacy and Electronic Communications (EC Directive) Regulations Act 2018 (‘the Act’) and General Data Protection Regulation (GDPR) (EU) 2016/679, & The EU General Data Protection Regulation). Where we rely on your consent to use your personal data, you have the right to withdraw your consent at any time. You can do this by contacting us at contact.uk@performancelead.com. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
Performance of a Contract: In certain circumstances, we need your personal data for the performance of a contract to which you are a party.
Legal Obligation: If the law requires us to, we may need to collect and process your data. For example, we can pass on details of people involved in fraud or other criminal activity.
Legitimate Interest: This is when we have an interest in conducting and managing our business, to enable us to give you the best experience when using the Website, and services. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
If, after the conclusion of the prize draw, declarations of intent for purchase, service, or other contracts with external companies are received, the data collected, where applicable, and further data collected on a contract-specific basis will be disclosed to the external company or companies in question. Otherwise those companies cannot use the data to establish or perform a contract or contracts (Article 6(1)(b) and (f) GDPR). Based on the participation agreement that is entered into and in the event of an online participation in a prize draw, PERFORMANCE GMBH. will collect and process your personal data. This agreement requires that you provide your personal data if and insofar as you wish to participate in our prize draw offering. The data processing takes place for both our own direct marketing (Article 6(1)(b) GDPR) as well as for our sponsors to also enable them to engage in individual, demand-driven direct marketing that is tailored to you via the channels of e-mail, push notifications, mail, phone, and text message (Article 6(1)(b) GDPR). PERFORMANCE GMBH. assumes that the consent to receive advertising by phone, text message, e-mail, push notifications and mail from us and our sponsors, which is to be declared separately, also constitutes consent for purposes of data protection and privacy law to the processing of your personal data with the result that – in addition – the relevant, aforementioned data processing is also permitted pursuant to (Article 6(1)(a) GDPR).
How we use your personal data
We will only use your personal data when the law allows us to do so. Most commonly, we will use your personal information in the following circumstances:
We may share your personal data with third parties (as set out below) and the third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Policy. We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions. We may share your personal data with the following third parties:
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When your data is collected |
What data is collected |
How we use that data |
Our legal basis for processing |
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Account Creation and Management |
• • Identity • • Contact, • • Marketing & Communications
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To communicate with you for marketing promotions; |
To perform our marketing and advertisement promotions with you |
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Possible sectors that you may expect to receive advertisement about are: PERFORMANCE LEAD GMBH complies with the Data Protection Act 2018, General Data Protection Regulation 2018 (GDPR) and the EC Directive Regulations 2003 (PECR) which govern how it must handle personal information. Our Privacy Policy explains how We do this. For UK residents to find out more information about your rights around the data protection act and GDPR please visit https://ico.org.uk Industry Sector |
Include, but not limited to |
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Charity |
e.g. animal welfare, disaster relief, children’s medical, elderly, environmental, health |
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Gaming |
e.g. bingo, betting, competitions, lottery |
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Leisure |
e.g. food & drink, events, museums, cinema |
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Financial Products |
e.g. pensions, banking, credit cards, investments, loans, mortgages |
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Insurance |
e.g. car, home, life, medical, pet, income protection, travel, warranty products |
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Health / Lifestyle |
e.g. fitness, beauty, opticians, hearing, care homes, mobility, leisure, pharmaceuticals |
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Home Improvements |
e.g. house moving, blinds & curtains, insulation, boilers, conservatories, doors & windows, extensions, gardens, solar panels. |
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Funeral Plans |
e.g. to arrange and pay for a funeral in advance |
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Legal Services |
e.g. claims, will writing, will reviews |
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Mail Order |
e.g. catalogues, online retailers |
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Market Research |
e.g. to gather information about consumers opinions and preferences |
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Media |
e.g. online, television, radio, newspapers, magazines |
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Retail |
e.g. online retail, electrical goods, comparison sites, discounts, FMCG, automotive, home improvement, home services |
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Telecoms(Carphone Warehouse) |
e.g. landline, mobile phones, broadband, digital TV |
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Travel |
e.g. holidays, city breaks, airlines, UK breaks, accommodation |
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Utilities (Scottish Power) |
e.g. gas & electricity switching, other household utilities such as water |
It may be the case that an analysis of your affinities, interests, and preferences is performed before the data is used for direct marketing and/or disclosed to sponsors. To this end, the answers that you will provide after registering to the prize draw may also be analyzed, and a profile may be established in order to enable more targeted performance of direct marketing measures by us and our sponsors, if any (Article 6(1)(f) GDPR). Using the data obtained, particularly those from our surveys following the prize draw registration page, we will create a “user profile” of you in order to be able to offer you an interest-driven service that is geared towards your individual needs and requirements. By creating this profile, we may categorize personal aspects, such as your interests and preferences, through automated processing of your data in order to make it possible for both us and our sponsors to send you exclusive advertising and offers that match you profile.
PERFORMANCE LEAD GMBH frequently receives – provided that your end device supports this function – confirmation of which e-mails from us you open and how you proceed with the e-mail. This helps us to understand your interests and supports us in making the offers more useful interesting, tailor-made to you in the future (Article 6(1)(f) GDPR). Assertion, if any, of your rights (Article 6(1)(c) and (f) GDPR) as provided in Sec. 5 of this data protection and privacy statement also leads to collection and processing of your personal data. Disclosure of your personal data may take place in cases in which we are under a legal obligation of disclosure (Article 6(1)(c) GDPR) or to the extent that disclosure should be necessary to enforce other rights/demands or for purposes of legal defense, if and insofar as these are based on the legitimate interests of the organizer or other third parties (Article 6(1)(f) GDPR). The same applies in the event of (also partially) purchase or sale of business assets and/or other assets, in the event that our business is otherwise acquired by a third party, in the event of initiation of insolvency proceedings, or if a request for initiation of insolvency proceedings is denied for lack of sufficient assets (Article 6(1)(f) GDPR). 3. Where we store your personal data and for how long; and to where your data may be exported a) We store your personal data within the European Economic Area.
The European Commission has issued corresponding important decisions for the third countries of Andorra, the Faroe Islands, Guernsey, Israel, the Isle of Man, Jersey, Canada (commercial organizations), and Switzerland. These decisions confirm that based on their own domestic legal provisions or international obligations, the aforementioned third countries ensure an adequate level of protection of personal data. To the extent that datasets are transferred to third countries, for which an adequacy decision has not yet been issued, we have entered into contracts based on the standard clauses issued by the EU. These standard clauses were published by the EU to ensure the relevant level of protection - with the corresponding partners that are based or headquartered in these countries. These agreements ensure adequate and uniform protection of data at the level provided by European specifications. b) Unless the data is erased or blocked pursuant to your exercise of the rights specified in Sec.°5, your data will be stored permanently for the purposes mentioned above. Any revoked consent to the processing of data that may have been issued and/or have objected thereto, will be put on a “blocking list.” Meaning that PERFORMANCE LEAD GMBH. will no longer use your personal data for marketing purposes, nor will PERFORMANCE LEAD GMBH. disclose them any longer. Your data is only stored for legal purposes (e.g. documentation obligations, defending against and asserting claims, etc.), and PERFORMANCE LEAD GMBH. will erase the data after a further period of four
years unless compelling reasons argue against our doing so or the processing of this data is permitted for other reasons, for example by way of new consent. Furthermore, PERFORMANCE LEAD GMBH. will proceed in the same manner if your personal data was not used for a period of 12 months, meaning that PERFORMANCE LEAD have not used the data for own marketing purposes or disclosed them to sponsors. Furthermore, we will proceed in the same manner if we have not used your personal data for a period of 12 months, meaning that we have not used the data for our own marketing purposes or disclosed them to sponsors. 4. Protection of your personal data We take corresponding precautions – administrative/organizational, technical, and physical – to protect your personal data against loss, theft, abuse, unauthorized access, unauthorized disclosure, unauthorized modification, and destruction. For example, your data is protected in particular within the scope of physical access control (secure location of servers, to which physical access is granted only following to a defined security procedure), systems access control (128-bit encryption of data transfers, individual assignment of passwords, menus, and authorizations for employees, up-to-date virus software), information access control (individual access authorization for employees through personal accounts, identification and authentication requirements), transmission control (ongoing monitoring and notifications to authorized parties, no local storage of data, logging of all data exports and transfers), input control (account-linked reviews, logging with time stamps and host), job control (continuous monitoring by managing director(s) and data protection officer, Art. 28 GDPR in coordination with the data protection officer and executive management) and availability control (general safeguarding measures by the hoster constant power supply (UPS), halon gas system, etc.], backup streaming involving other general safeguarding measures by the hoster [e.g. UPS, halon gas system, etc.], backup streaming at another location [with all security precautions; see physical access control] every night, mirroring on two additional hard drives, virus protection programs). Despite these precautions, the insecure nature of the Internet means that we cannot guarantee the security of your data transfer to our website. Therefore, any and all transfers of data by you to our website take place at your own risk. 5. Your rights Right to information: You have the right to obtain information regarding the personal data we hold about you and ho we use it and stored it, including the origin and the purpose of data processing, at any time pursuant to Article 15 GDPR. Right to rectification: The right to require us to correct any incomplete or inaccurate Personal Data we hold about you, though we may need to verify the accuracy of the new data you provide to us (Article 16 GDPR). If you have opted into us, You can restrict the processing of data if any of the prerequisites mentioned in Article 18(1) GDPR are met, e.g. in the event of a dispute concerning the accuracy of your personal data. Right to revoke consent: Moreover, you have the right to revoke any declaration(s) of consent to the processing of your personal data that may have been issued, with effect for the future (Article 7 GDPR). Such a revocation does not, however, affect the legality of the processing that has taken place up until then. In addition, you are entitled to demand that we provide the personal data transferred to us in a
format that permits the transfer thereof to another body (Art. 20 GDPR). Subject to the prerequisites set out in Article 21(1), (2), and (3) GDPR, you can object to the processing of data for reasons that arise from your particular personal situation. Right to erasure: This enables you to ask us to delete or remove Personal Data where there is no good reason for us to continue to process it. This assert your right to be forgotten pursuant to Article 17 GDPR. If the statutory prerequisites are met, we will proceed in this regard even without such a request having been issued on your part and will erase your personal data. How to make a request: To assert your rights as enumerated above in this section, please contact us at PERFORMANCE LEAD GMBH, Hauptstrasse 223, 65760 Eschborn Germany, or write to us by e-mail at contact.ukperformancelead.com. If you have a complaint, you can contact the supervisory authority with jurisdiction over PERFORMANCE LEAD GMBH, the Data Protection Official for the State of Hesse (Hessischer Datenschutzbeauftragter) (Gustav-Stresemann-Ring 1, 65189 Wiesbaden, Germany), or any other supervisory authority. 6. Usage data and cookies The company usage cookies on our websites to provide with the best experiences when you browse our website and to improve our site and its contents. By continuing to browse the site, you are agreeing to our use of cookies. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose. You can view our Internet pages without providing personal information. However, certain technical data, known as "usage data", are generated whenever our pages are visited. In addition, we may use one or more cookies and integrate social media plugins in some cases. The text below is intended to provide you with information regarding this as well. Usage data When you visit our Websites, the only variable items of information we store by default are the website from which you reached our page, the name of your Internet service provider, which Web pages you visited within our Internet presence, with the date stamp and time of your visit. The data obtained is fully anonymous. Every information is kept anonymous including Your IP address and a time stamp are also stored for security reasons and used for internal purposes. IP address is short for Internet Protocol (IP) address. An IP address is an identifier for a computer or device on a TCP/IP network. Networks using the TCP/IP protocol route messages based on the IP address of the destination. A timestamp or time stamp is a time registered to a file, log, or notification that records when data is added, removed, modified, or transmitted. Below are some examples of how a timestamp may be used, and where. The purpose of a time stamp is to make it clear to people or computers when events occurred. Social media plugins We integrate "social media plugins" as mandatory (often also known as "social media buttons") into some areas of our Websites. These mandatory plugins are marked on our pages
by buttons (hence the term "buttons"), each of which shows the provider of the plugin through corresponding colours and symbols. You are accepting and clicking these buttons that allows you to do things like notify your friends in the social networks you use that you like one of our pages or share a link to a website with other Internet users, depending on the button. If you are surfing on our website and access one of our Web pages that contains a social media plugin, your browser makes a direct connection with the servers of the provider of the plugin, and the plugin is loaded from there. In the process, the provider of the plugin may be notified that the relevant Web page has been accessed from our website. If you have a user account with one or more of the social networks operated by the providers of the plugins and are logged into the network(s) in question while you are on one of our Web pages that contains one or more social media plugins of the provider(s) in question, it may also be possible to associate the access to that page with your existing user profile(s) with the provider(s) in question. If you click on integrated plugins and log into one or more of the networks afterward (or are already logged in), the shared or "recommended" information is generally posted in short form in your profile. This may allow the provider of the network to collect and store further usage data. In this way, the providers of the networks can create user profiles that go beyond what you yourself directly and actively disclose in the network. For further information on the collection and processing of data, please see the privacy policies of the providers of the plugins. Cookies A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you have agreed. These cookies record your visit to our website, the pages you have visited and the links you have followed. We use so-called cookies on our Internet pages. These cookies can be so-called session cookies, which are automatically deleted as soon as you close your browser, on the one hand, and cookies with a longer, predefined runtime, on the other. Additionally, when you visit one of our websites, our partner AppNexus sets cookies which allow communicating tailor-made offers to your interests – for example by displaying so-called offer in banners – also on other websites on which the AppNexus technology is implemented. The information stored in cookies may include your login (your visit when you register), the date and time of your visit, your other lifestyle behavior on our sweepstakes and survey pages, the cookie number and the URL of the website from which you accessed our offer pages. Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to register your personal contact details on our website. The use of certain cookies enables us, on the one hand, to guarantee the functionality of our websites and to continuously improve their performance and cannot be switched off in our systems. They are usually set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filing in forms. These cookies do not store any personal identifiable information.
In addition, cookies help us and our partner to recognize you and in this way to adapt our offers – also on the other pages on which our partner is active – optimally to your individual needs and thus to display the most relevant information for you. This technology enables us to pass on the personal data you have previously entered in one of our competitions and which you have released for commercial use directly and conveniently to those of our sponsors whose services you are interested in. Finally, cookies make it possible to record the statistical
frequency of visits to the various pages of our website and the general navigation. If, however, you wish to prevent the use of cookies, which has no influence on the perception of our competition or other related offers on our part, we ask you to make the appropriate setting in your browser before using our pages. There you can prevent the acceptance and storage of new cookies. You can find out more about this on the help pages of your browser or by contacting its service provider. Push notifications Occasionally, you may be asked to give your further consent to the receipt of push notifications from our push notifications dispatch service partner “Accengage”. Your personal data will then be processed on the (additional) basis of this consent, in accordance with Art. 6 (1)(a) GDPR. In this case, the giving of your consent is, of course, also covered by the rights as set out in Clause 5 of this declaration. In addition to the above-named provisions you can – for the purposes of withdrawing your consent to the receipt of push notifications – also change the relevant push notification settings in your browser. If you are using a desktop PC with a “Windows” operating system, you can unsubscribe by right-clicking on the relevant push notification in the settings list. In order to be able to display the list of push notifications, “Accengage” collects and processes on our behalf your browser ID and (in the case of mobile access) your device ID. Accengage also collects and evaluates on our behalf statistical data related to push notifications; Accengage does not collect or evaluate any personal data. You will find detailed information on Accengage push notifications at: https://www.prize-factory.com/Accengage_FAQ.pdf. 7. Deletion of cookies As a user, you have the right at any time to decide which cookies – including those for push notifications – you wish to accept or delete. You can adjust the individual settings thereto in the settings menu of your Internet browser. For further information, please contact the provider of your Internet browser. 8. Minors This site, including the data protection and privacy policy and the general terms and conditions of business, is not aimed at minors. No personal data of minors are knowingly collected, used, and/or disclosed. Current as of: January 2021