Privacy Policy

This Privacy Policy explains how Performance Factory collects and processes the personal data of users who visit www.perform-factory.com (the “Website”) or contact Performance Factory through the contact form or by email.

1. Data Controller

The data controller is:

Performance Factory GmbH, trading as Performance Factory
Registered office/address: Talstr. 5, 13189, Berlin, Germany
Email: vb@perform-factory.com
Company registration number: HRB265568 B

VAT number: DE361266279

For any questions or requests concerning the processing of personal data, you may contact the data controller using the email address above.

2. Personal Data We Process

Performance Factory may process the following categories of personal data.

Technical and Browsing Data

When you visit the Website, the systems used to operate it may automatically collect certain technical information, including:

• IP address;
• date and time of the request;
• pages visited;
• referring page address;
• browser, device and operating system;
• technical identifiers and information relating to the operation and security of the Website;
• information contained in server logs.

This information is generally collected through internet protocols, hosting systems and technologies required to operate the Website.

Data Provided Through the Contact Form

When you use the “Contact Us” form, we may collect:

• first and last name;
• business email address;
• company name or company website;
• services you are interested in;
• the content of your message;
• any other information you choose to provide.

Please do not include unnecessary personal data, information relating to third parties or special categories of personal data, such as health, political, religious or biometric information.

Data Provided by Email

When you contact Performance Factory by email, we process your email address, the information contained in your message and any information included in attachments or your email signature.

3. Purposes, Legal Bases and Retention Periods

Operation and Security of the Website

Technical and browsing data are processed to:

• display the Website correctly;
• maintain the availability and security of the Website;
• identify errors, misuse or unauthorised access attempts;
• manage the technical infrastructure and hosting services.

The legal basis for this processing is the controller’s legitimate interest in providing a functional and secure website, pursuant to Article 6(1)(f) of the GDPR.

Technical logs are retained for as long as necessary to ensure the security and operation of the Website and generally for no longer than 90 days, unless a longer period is required to investigate a security incident or establish, exercise or defend a legal claim.

Responding to Contact Requests

Data provided through the contact form or by email are processed to:

• respond to your enquiries;
• provide information about our services;
• prepare quotations or commercial proposals;
• arrange calls or meetings;
• take steps at your request before entering into a contract.

The legal basis is the performance of pre-contractual measures taken at your request, pursuant to Article 6(1)(b) of the GDPR. In the case of general enquiries, processing may also be based on our legitimate interest in managing professional communications, pursuant to Article 6(1)(f) of the GDPR.

Enquiries that do not result in a contractual relationship are generally retained for no longer than 24 months after the most recent communication. If a contractual relationship is established, the data may be retained for the duration of that relationship and subsequently for the period required by applicable tax, accounting and legal obligations.

Legal Obligations and Protection of Legal Rights

Personal data may be processed to comply with legal obligations or lawful requests from public authorities and to establish, exercise or defend legal claims.

The legal basis is compliance with a legal obligation, pursuant to Article 6(1)(c) of the GDPR, or our legitimate interest in protecting our rights, pursuant to Article 6(1)(f) of the GDPR.

The data are retained for the periods required by applicable law or until any related legal proceedings have been concluded.

4. Requirement to Provide Personal Data

Providing personal data through the contact form or by email is voluntary. However, without the necessary information, Performance Factory may be unable to respond to your enquiry or prepare a proposal.

Any fields marked as mandatory must be completed in order to submit the request.

5. Recipients and Service Providers

Personal data may be processed by persons authorised by the controller and by service providers that deliver technical or professional services, including:

• hosting, infrastructure and content-delivery providers;
• Webflow, Inc., which is used to build, host and technically manage the Website and its forms;
• email and communication service providers;
• technical, tax or legal advisers, where necessary;
• public authorities, where required by law.

Where required, providers that process personal data on behalf of Performance Factory act as data processors under agreements compliant with Article 28 of the GDPR.

Performance Factory does not sell personal data.

6. International Data Transfers

Some service providers, including Webflow, may process personal data in countries outside the European Economic Area, particularly the United States.

Where an international transfer is not covered by an adequacy decision adopted by the European Commission, the transfer is carried out using appropriate safeguards, such as the Standard Contractual Clauses approved by the European Commission, together with any supplementary measures required by applicable law.

Further information about the safeguards used may be requested by emailing vb@perform-factory.com.

7. Cookies and Similar Technologies

The Website may use cookies and similar technologies that are necessary for its operation.

Any non-essential cookies or technologies, such as analytics, advertising or profiling tools, will be activated only after obtaining the user’s consent where required by applicable law.

Detailed information about the technologies used, their duration and how to change or withdraw consent is available in the Website’s Cookie Policy.

The withdrawal of consent does not affect the lawfulness of processing carried out before consent was withdrawn.

8. Marketing Communications

Performance Factory will not use information submitted through the Website to send newsletters or recurring promotional communications without an appropriate legal basis and, where required, the user’s consent.

You may object to marketing communications at any time by contacting vb@perform-factory.com or using the unsubscribe link included in the relevant communication, where available.

9. Automated Decision-Making

Personal data collected through the Website are not used to make decisions based solely on automated processing that produce legal effects or similarly significant consequences for the individual.

10. Your Rights

Subject to the conditions established by the GDPR, you may exercise the following rights:

• obtain confirmation as to whether your personal data are being processed and access those data;
• request the correction of inaccurate or incomplete data;
• request the deletion of your data;
• request the restriction of processing;
• object to processing based on legitimate interests;
• receive your data in a structured, commonly used and machine-readable format, where applicable;
• withdraw your consent at any time, without affecting the lawfulness of processing carried out before its withdrawal;
• lodge a complaint with the competent supervisory authority.

To exercise these rights, please contact vb@perform-factory.com. Performance Factory may request information reasonably necessary to verify the identity of the person making the request.

You may also lodge a complaint with the data protection authority in the country where you live or work, or where you believe an infringement has occurred.

11. Security

Performance Factory implements technical and organisational measures appropriate to the relevant risks to protect personal data against loss, unauthorised access, alteration, disclosure or destruction.

However, no information system can guarantee absolute security. Users should therefore avoid submitting confidential or unnecessary information through the contact form.

12. Links to External Websites

The Website may contain links to websites or services operated by third parties. Performance Factory does not control how these third parties process personal data.

Before using an external service, users should review its privacy policy.

13. Children’s Data

The Website and Performance Factory’s services are intended for businesses and professionals and are not specifically directed at children.

Performance Factory does not knowingly collect children’s personal data through the Website. If you believe that a child has provided personal data, you may request its deletion by contacting vb@perform-factory.com.

14. Changes to This Privacy Policy

This Privacy Policy may be updated to reflect changes to applicable laws, technologies or the services provided.

The updated version will be published on this page together with the date of the latest revision. Where changes are material, an additional notice may be displayed on the Website.

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