Privacy Policy

Unless otherwise defined in this Policy, terms used in this Policy have the same meanings as in our Terms. As used in this Policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.

Positive Marketing USA processes only those data which are necessary for properly providing offered services.

The database of users is protected by law. Those personal data are specifically properly protected and secured from unauthorized access.

Positive Marketing USA processes data from you during registration, this takes place exclusively within the scope of European data protection law. You may visit our website and inform yourself without having to disclose any personal information. While visiting our website, you generally remain anonymous and the connection data is provided by your internet browser each time a page is opened, e.g. the date, the duration or the name of your internet service provider will be used by us with no personal reference unless you have logged in with your username and password.

In order to provide Users with the desired services, Users provide personal information on a voluntary basis, by filling out the profile. This personal information could include:

• First name and last name
• Email Address
• Profile Picture

The moment we use data for a purpose which requires your consent in accordance with the legal conditions, we will ask for your express consent. You can, of course, revoke this consent at any time and/or revoke the future use of your data.

Facebook Connect

It is recommended to use Positive Marketing USA by logging in with your username and password but if you like you can also register with your login data from Facebook (through Facebook Connect). If you want to use this offer, please note, that with your consent the platforms and providers transfer personal and non-personal data to us. The following data are concerned:

• General profile data from Facebook: Name, profile picture, sex, user ID
• Birth date
• Email address

For further details about the purpose and extent of the collection, procession and usage of the data please see the terms of use and the privacy policy of the respective platform or provider (e.g. on Facebook.com).

Third party services
Insofar as we utilize/employ a third party service provider for this, they shall only receive the necessary data from us and are themselves obligated to protect your personal data. What is more, Positive Marketing USA has concluded contracts with all third party service providers and we require from them at least as strict regulations protecting your personal data as we provide by ourselves. We require your email address so that we can confirm the receipt of your registration and communicate with you (e.g. to send a registration confirmation or to deliver an ordered newsletter).

Within the scope of the legal conditions, we can assess usage profiles using a pseudonym for the purposes of advertising, market research and to improve our services, but only insofar as you have not exercised your legal right to revoke the permission of the use of your data.

Cookies
A portion of our services requires us to use so-called cookies. Cookies are small files which your internet browser stores on your computer. Information regarding your visit to our website can be stored in cookies. Most browsers are configured to accept cookies by default. You can, however, configure your browser so that it rejects cookies or requires confirmation from you in advance. If you reject cookies, however, it could lead to not all of our website functioning flawlessly for you.

E-mail Communications
Positive Marketing USA is very concerned about your privacy and we will never provide your email address to a third party without your explicit permission. Positive Marketing USA stores the basic contact data for direct marketing purposes till you lodge an objection to processing your personal data for that purpose and whether the processing took place on the basis on your consent till you withdraw that consent or till Positive Marketing USA will decide that data became outdated.

In particular, Positive Marketing USA may send out e-mails with Positive Marketing USA-related news, products, offers, surveys or promotions. You may also receive notification e-mails from Positive Marketing USA, which inform you of actions (e.g. comments, likes, follows, displays) that have been performed on the site. If you do not want to receive e-mail from us, please follow the instructions contained in the unwanted e-mail message. However, please note that in all cases you will continue to receive all system e-mails (e.g. those regarding forgotten user passwords) and legal notices (e.g. updates to our policies) from us.

Mobile Communications
Positive Marketing USA may send out SMS/MMS with Positive Marketing USA-related news, products, offers, surveys or promotions. You may also receive notification SMS/MMS from Positive Marketing USA, which inform you of actions (e.g. comments, likes, follows, displays) that have been performed on the site. If you do not want to receive SMS/MMS from us, please unsubscribe by replying STOP to end messages.

Google Analytics
This website uses Google Analytics, a web analysis service of Google Inc. (“Google”). Google Analytics uses so-called “cookies”, text files, which are stored on your computer and allow an analysis of your use of the website. The information regarding your use of this website generated by the cookie (including your IP address) is transferred to a Google server in the USA and stored there. In case of the activation of the IP anonymization on this website, Google will shorten your IP address within the member states of the European Union or within states that are parties to the European Economic Area (EEA) Agreement before transferring the information. The full IP address will only be transferred to a Google server in the USA on an exceptional basis, and will then be shortened in the USA. On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage for the website operator. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your web browser, however, please note that if you do so, you may not be able to use the full functionality of this website. Furthermore, you can opt-out from being tracked by Google Analytics by downloading and installing the Browser-Addon from the following page: [http://tools.google.com/dlpage/gaoptout?hl=en].

Social sharing
Positive Marketing USA uses social plug-ins from Facebook, Twitter and Pinterest, including among others the Facebook “like” button, the Twitter “twitt” button and the Pinterest “Pin it” button. When these are viewed and/or clicked, a direct connection between your computer and the server of the provider of these plug-ins (e.g. Facebook, Twitter, Pinterest, etc.) is created. This allows the providers to collect personal and non-personal data from you. We recommend that you inform yourself regarding the types of data covered by this as well as the purpose and scope of the data collection and further processing and use by Facebook and Twitter as well as your rights and configuration options for protecting your private sphere by reading the data protection notices at https://www.facebook.com/privacy/explanatio, https://twitter.com/privacy, and https://about.pinterest.com/privacy/.

Information on processing of personal data
Identity of a Controller

DPO contact details

The Controller appointed the Data Protection Officer that you can contact in cases related to processing of the personal data.

e-mail: info@pomausa.com

Purposes and legal basis for the processing

We may process your personal data in following purposes:
Realisation of your order
Sending our newsletter
Account registration
Providing service – Positive Marketing USA Membership Club
Using Contact Form
Exercising the recruitment process
Gathering information on unlawful content
Determining, investigating or defending claims
Contract Management
Creating a marketing profile

The recipients of the personal data

In cases where it is necessary and to the extent necessary, your personal data may be transferred to entities cooperating with the controller within the scope of services provided to the controller and supporting the controller’s current business processes, in particular entities providing IT, legal, postal and banking services.

Transferring data outside the European Economic Area

We make use of third-party service providers outside of the European Economic Area (the “EEA”) and your personal data may be transferred to countries outside of the EEA. If these transfers are to a country for which the EU Commission has not issued an adequacy decision, we use the EU standard contractual clauses to contractually require that your personal data receives a level of data protection consistent with the EEA. You can obtain a copy of such standard contractual clauses by sending a request to: info@pomausa.com

Storing personal data

We will store your personal for the period of time depending on the character of the processing.
Performing of the contract
Financial settlement
Notification of unlawful content
Newsletter
Sending SMS
Contact
The recruitment process
Determining, investigating or defending claims

Rights of a data subject

You have the following rights regarding the processing of your personal data by us:

The right to request an access to your personal data
The right to rectification of your personal data
The right to erasure of your personal data
The right to restriction of the processing of personal data
The right to data portability
You also have a right to object the processing of personal data based on a legitimate interest of a Controller.
You have a right to withdraw your consent to the processing at any time, without affecting the lawfulness of processing based on consent before its withdrawal

For the execution of your rights, you may send an email to GWD Concept at the following email: info@pomausa.com with your claims. You can contact the controller about any other matters regarding personal data protection at the same e-mail address.

GWD Concept may check the identity of a person sending above-mentioned email to be sure who is having those claims. We shall answer to your claim in 14 days from receiving an email. We shall communicate with you via that email that you send to us.

Provision of personal data

You provide us with your personal data voluntarily, however lack of thereof may make it impossible for us to conclude or exercise a contract, answer to your demands and claims or provide certain services.