Privacy Policy

Privacy Policy

This Privacy Policy forms an integral part of the General Terms of Service. Any term used in this Privacy Policy not explicitly defined herein shall be interpreted according to the General Terms of Service.

Who are we?

We are Trackdesk s.r.o., a company registered in the commercial register maintained by the Municipal Court in Prague, Section C 364270, identification number 143 49 043, with its registered office at Slezská 844/96, 130 00 Praha 3 – Vinohrady, Czech Republic (hereinafter referred to as the “Provider” or “we”).

What do we offer and why may we need to process your personal data?

We provide our customers (hereinafter referred to as the “Tenant”) with a web-based application that shall be used for tracking the Tenant’s advertising activities in the area of affiliate marketing business (hereinafter referred to as the “Application”), primarily, but not only, to help market the Tenant’s services or products online on third-party websites by advertisements (those third parties hereinafter also referred to as the “Affiliates”). To be able to do so we need to process some personal data.

Whether, and to what extent, we will process personal data may depend on a package of services selected by the Tenant. We process personal data where necessary for the performance of a contract or in order to take steps at your request prior to entering into a contract with us, to comply with our legal obligations, where necessary for the purposes of our legitimate interests or those of a third party, or on the basis of your consent where consent is required. Where personal data are required to enter into or perform a contract or to provide relevant service, failure to provide such data may prevent us from entering into the contract or providing the relevant service. Where the Provider determines the purposes and means of processing personal data for its own purposes, it acts as a controller. Where the Provider processes personal data solely on the documented instructions of a Tenant in connection with the Tenant’s use of Provider’s services, the Provider acts as a processor. The Provider may also retain personal data in order to meet relevant legal requirements, above all, but not limited to requirements arising from accounting and tax legislation.

What does GDPR mean?

GDPR stands for Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. GDPR represents the legal framework for the protection of personal data in the European area and directly establishes the rules for the processing of personal data. The Provider processes personal data in accordance with the GDPR and other applicable data protection laws.

How do AI-powered features work with data?

The Application may include optional artificial intelligence (“AI”) powered features, including an AI assistant that enables users to interact with the Application, obtain insights, generate reports and perform or prepare actions within the Application.

When a user chooses to use AI-powered features, the content submitted by the user, relevant contextual information from the Application necessary to process the request, and the generated responses may be processed by third-party technology providers acting on behalf of the Provider.

The Provider currently uses OpenAI for AI model processing and Langfuse for monitoring, evaluation, debugging and improvement of the AI functionality. Such providers process data only to the extent necessary to provide their respective services to the Provider and subject to applicable contractual and data protection safeguards.

Users should not intentionally submit special categories of personal data or other sensitive personal information through AI-powered features unless necessary and permitted under applicable law.

The Provider may retain AI interaction data for a limited period where necessary for security, troubleshooting, evaluation and improvement of the AI functionality, subject to applicable data protection requirements.

Further information regarding the Provider's technical and organizational security measures is available in the Data Security section.

How do we use Marketplace profile data?

Affiliates participating in the Trackdesk Marketplace may choose to create a Marketplace profile containing information about their business, promotional activities, traffic sources and areas of expertise. The Provider may process such information for the purpose of operating the Marketplace, identifying relevant business opportunities, matching Affiliates with suitable Offers or Advertisers, and communicating with Affiliates regarding such opportunities.

Affiliates may update or disable their Marketplace profile through the Application at any time.

What personal data we may have access to?

The Provider needs access to names and email addresses of natural persons accessing the Application on behalf of the respective Tenant (end users) in order to be able to identify them and register them in the Application. The Provider will also store information about the country associated with the relevant account. Where such personal data are provided by the Tenant and processed solely on the Tenant’s behalf, the Tenant acts as the controller and the Provider acts as the processor. Where the Provider processes such data for its own purposes, including account administration, customer support, billing, security or its own marketing, the Provider acts as the controller.

Tenants determine the data that they collect and provide to the Provider; such processing shall be governed by the Tenant’s own privacy policies and applicable regulations.

The Provider may also obtain a contact phone number and billing details from the Tenant, which may also (partially or fully) consist of personal data. Where you provide your phone number, we may use it to contact you via SMS with important account-related information (e.g., payment issues or subscription status) where necessary for the provision or administration of our services. We will use your phone number for marketing purposes only where permitted by applicable law.

Based on Tenant’s instruction (as a data controller) the Provider may also collect IP addresses and cookies from end user devices in order to manage and measure Tenant’s marketing activities via the Application. Additionally, based on Tenant’s instruction, the Provider may also manage Tenant’s email contact list used for business communication with Affiliates via the Application and Affiliates` billing details.

Where the Tenant uses the Application to collect or access information from end-user devices, including through cookies, local storage or similar technologies, the Tenant is responsible for determining and implementing any consent requirements applicable to such use under relevant privacy and electronic communications laws.

Where permitted by applicable law, the Provider may use contact details of its existing customers to send information about its own similar products and services. Where consent is required for direct marketing, the Provider will process personal data for such purpose only on the basis of valid consent. You may object to direct marketing or withdraw your marketing consent at any time, including by using the unsubscribe mechanism provided in the relevant communication.

The Application is not intended for the processing of special categories of personal data pursuant to Article 9 of the GDPR. Tenants should not provide such data to the Provider unless expressly agreed with the Provider and permitted by applicable law.

For more information about cookies please see the Provider’s separate document “Cookies declaration”.

How do we process personal data for marketing purposes?

If you consent to receiving marketing communications by selecting the relevant option in our forms, the Provider may use your name, phone number, email address and other contact information provided by you to send you information about Provider´s products and services, product updates and special offers. The processing of your personal data for these purposes is based on your consent. Providing consent is voluntary and is not a condition for using our services. You may withdraw your consent at any time by using the unsubscribe link included in any marketing email or by contacting us at privacy@trackdesk.com.

How do we protect personal data?

Taking into account the state of the art, the nature, scope, context and purposes of processing personal data as well as other factors, the Provider has implemented appropriate technical and organizational measures in order to ensure the level of security appropriate to relevant identified risks.

The Provider shall always process personal data only lawfully, fairly and in a transparent manner in relation to the data subject. Personal data are collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes. The scope of personal data collected shall be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.

The Provider may use a third party to further process some personal data, especially technical partners. Personal data may also be disclosed to public authorities where required by law. Relevant information about such partners and, where applicable, subprocessors will be made available on the Provider’s website at www.trackdesk.com. The Provider stores personal data primarily within the European Union. Where personal data are transferred outside the European Economic Area, the Provider ensures that appropriate safeguards are in place in accordance with applicable data protection laws. Further information about the safeguards used is available upon request.

How long will we have access to personal data?

Where personal data are processed for the purpose of performing the contract with the respective Tenant, the Provider will generally process such personal data for the entire duration of the contract.

The Provider may retain personal data after the termination of cooperation with the respective Tenant for as long as required by applicable law (including accounting and tax legislation), for the applicable limitation periods where necessary to resolve disputes, establish, exercise or defend legal claims, and/or to comply with other legal obligations. Where the Provider acts as a processor, personal data will be deleted or returned after the end of the relevant services in accordance with the applicable data processing agreement, unless applicable law requires further storage.

Personal data processed for marketing purposes on the basis of your consent will be retained until you withdraw your consent. We may subsequently retain a limited record of your withdrawal or opt-out where necessary to ensure that no further marketing communications are sent to you.

What are your rights regarding your personal data?

We always process personal data in a transparent and correct manner and in accordance with applicable legal requirements. Where the Provider acts as a controller, you have the right to contact us in order to obtain information about the processing of your personal data or to exercise your applicable data protection rights.

Subject to the conditions set out in applicable law, you have the right to access your personal data and obtain a copy thereof, to request rectification of inaccurate personal data, to request erasure or restriction of processing, to data portability, and to object to processing based on legitimate interests. Where processing is based on consent, you may withdraw your consent at any time without affecting the lawfulness of processing carried out before its withdrawal. You have the right to object at any time to the processing of your personal data for direct marketing purposes. We will not discriminate against you for exercising any of your rights.

Where the Provider acts solely as a processor on behalf of a Tenant, requests concerning such personal data should normally be directed to the relevant Tenant as the controller. The Provider will assist the Tenant in responding to such requests in accordance with the applicable data processing agreement.

You have a right to file a complaint with a competent supervisory authority if you believe that the processing of your personal data infringes applicable data protection law. In the Czech Republic, the supervisory authority is the Office for Personal Data Protection.

Office for Personal Data Protection, Pplk. Sochora 27, 170 00 Prague 7, Czech Republic, www.uoou.cz

What are your California Privacy Rights?

California Civil Code Section § 1798.83 permits users of our Application who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us by using the email address provided below. All your other rights are described above. We do not sell personal information as such term is defined by any applicable privacy law.

For the exercise of all the above mentioned rights or more information about the Provider’s data protection processes please contact us anytime at privacy@trackdesk.com.