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Privacy Policy
Last updated: September 24, 2024
This Privacy Policy explains how ElectricCherry Marketing GbR ("Electric Cherry Agency", "Electric Cherry", "we", "us", or "our") collects, uses, and discloses personal information collected from users ("you", "your") of the website https://www.electriccherryagency.com (the "Website"), including the application form.
1. Legal Basis for Processing
We process personal data collected through the Jotform application form based on your explicit consent, as outlined in Article 6(1)(a) of the General Data Protection Regulation (GDPR). By ticking the checkbox and submitting the form, you explicitly consent to the processing of your personal information for the purposes described in this Privacy Policy. Furthermore, we may process your data based on the following legal bases:
 
  • Contractual necessity: Processing is necessary for the performance of a collaboration contract to which you are a party, as permitted under Article 6(1)(b) of the GDPR.
     
  • Legal obligations: Compliance with a legal obligation to which we are subject, as outlined in Article 6(1)(c) of the GDPR, where applicable.
     
  • Legitimate interests: Processing is necessary for the purposes of our legitimate interests, such as improving our services and ensuring the security of our website, as outlined in Article 6(1)(f) of the GDPR.
2. Personal Information We Collect
When you visit our Website and submit the Jotform application form, we may collect the following personal information:
 
  • Full name
  • Age
  • Country of residence
  • ​Contact email address
  • Usage and names of exclusive platforms
  • Average monthly income from exclusive platforms
  • Current status of working with an agency
  • Username of at least one social media account
     
Additionally, please note that our website is hosted on the Wix platform, which automatically collects certain information for essential website functionality, system monitoring, and security purposes. This may include your:
 
  • IP address
  • Device information
  • Browser type
  • Operating system
  • Other similar data
     
Wix implements industry-standard security measures to protect the data collected on our website.
3. Use of Personal Information and Consent
We use the personal information collected to evaluate applications and determine potential collaboration opportunities. After completing the Jotform application form, users are required to tick a checkbox. By ticking the checkbox and submitting the form, users explicitly consent to the processing of their personal information for the purposes described earlier in this Privacy Policy. A ticked checkbox signifies:
 
  • Consent to being contacted by us for the purpose of discussing potential collaborations.
     
  • The Confirmation that the user is of legal age in their country.
     
Your provided email address will be used for communication regarding your application.
4. Data Processing Agreements (DPA/AVV)
We have entered into Data Processing Agreements (DPA) with our service providers to ensure that the processing of personal data complies with the requirements of the General Data Protection Regulation (GDPR). Specifically, we have signed a DPA with Jotform, which stipulates that Jotform processes personal data solely on our behalf and according to our instructions. Under this agreement, Jotform is obligated to implement appropriate technical and organizational measures to protect this data and to comply with applicable data protection regulations, particularly the GDPR.

Wix.com also processes personal data on our behalf based on standard data processing agreements (DPA), which take effect when we use their services. These agreements ensure that both Wix and Jotform follow specific data processing protocols and uphold the rights of data subjects.
5. Data Retention
Personal data collected through the Jotform application form will be retained until the purpose for which it was collected no longer applies or until the user has received a personalized contract, whichever comes first. Specifically:
 
  • Application data: Retained for up to 6 months after the submission date, unless further engagement occurs that extends this purpose.
     
  • Communication data: Retained for the duration of the collaboration and for up to 12 months thereafter, to address any follow-up questions or issues.
     
Upon successful collaboration or if the user decides not to proceed, the data will be securely deleted or anonymized. If the user requests deletion of their data or revokes their consent to data processing, their data will be promptly deleted unless we have other legitimate reasons for retaining it, such as legal or regulatory requirements, resolving disputes, or enforcing our agreements.
6. Cookies and Tracking Technologies
While we do not use cookies or tracking technologies on our own, our Website is built and hosted on Wix.com, which automatically places strictly necessary cookies by default. These cookies are essential for the functionality of the website, system monitoring, fraud prevention, and user language preferences, as permitted under Article 6(1)(f) of the GDPR. Since these cookies are necessary for the operation of the site, they cannot be rejected. For more detailed information about the types of cookies used, their purposes, and how you can manage your cookie settings, please refer to our Cookie Policy.
7. Third-Party Service Providers
We use Jotform.com for our application form and Wix.com for website building and hosting. Both Jotform and Wix have taken extensive measures to ensure that their services comply with the requirements of the General Data Protection Regulation (GDPR):
 
  • Jotform.com: Jotform Inc. is a third-party service provider that we use for our application form. Jotform Inc. is a registered company located at 4 Embarcadero Center, Suite 780, San Francisco CA 94111 United States. Jotform is fully GDPR compliant by storing our application form data on European servers located in Frankfurt, Germany. They automatically enable a 256-bit SSL (Secure Sockets Layer) connection for all form submissions, ensuring industry-standard protection of personal data.

    Read more on Jotform GDPR Compliance.
     
  • Wix.com: Wix.com Ltd. is a third-party service provider that hosts our website. Wix.com Ltd. is a registered company with a headquarter located at 40 Namal Tel Aviv St., Tel Aviv, Israel, with offices in Berlin, Dublin, New York, Los Angeles, and more. Wix has implemented privacy measures to ensure the security and confidentiality of the data collected on our websites. These include encryption technologies, access restrictions, and regular security audits.

    Read more on Wix GDPR Compliance.
     
Please note that Jotform and Wix have their own privacy policies governing the collection, use, and disclosure of your information. We encourage you to review their privacy policies for more information before providing any personal information through the application form or while browsing our Website.

For more information about their privacy practices, please review:
 
​
"Legal Notice" Privacy Protection (IP-Management): We use the services of IMPRESSUM-PRIVATSCHUTZ GmbH, Ludwig-Erhard-Str. 18, 20459 Hamburg, for the management of postal correspondence sent to us. This service provides a secure and reliable mailing address for our project (e.g., for the imprint, privacy policy, revocation notice, and other areas if applicable). This also represents our legitimate interest in accordance with Art. 6(1)(f) of the GDPR. We have entered into a data processing agreement with Impressum-Privatschutz and fully comply with the strict requirements of the German data protection authorities when using this service. For more information on data protection at Impressum-Privatschutz GmbH, please visit:
 
8. Media Content and Fonts
Our website is hosted via Wix.com. All uploaded videos and images are stored and provided on Wix servers. These media contents do not collect any personal data from users. The videos automatically play on a loop and cannot be paused. No external services are used to track or analyze user behavior related to these media contents.

We use a combination of locally uploaded fonts that we downloaded from the internet and standard Wix fonts. The locally uploaded fonts are not connected to any third parties, and there is no transmission of personal data, such as IP addresses, to third-party services when using these fonts. The standard Wix fonts are subject to their privacy policies, but they typically do not transmit personal data.
9. Data Transfers
All personal information collected through our Website form is stored and processed within Germany or other regions within the European Economic Area (EEA). We do not transfer any personal information to countries outside of the EEA or Switzerland.
10. Security
Your personal information collected through the Jotform application form is secured by Jotform. Jotform automatically enables a 256-bit SSL (Secure Sockets Layer) connection for all form submissions, ensuring industry-standard protection. Additionally, we implement internal security measures to safeguard your data, including two-factor authentication, regular security audits, and access restrictions.
11. Children
Our website is intended for individuals of legal age in their respective countries and in Germany. We do not knowingly collect personal information from individuals under the legal age. If you are under the legal age, please refrain from using our website or submitting personal information through the contact form. The contact form explicitly states the requirement of being of legal age to submit an application (at least 18 years old). If we become aware that personal information has been submitted by an individual who is not of legal age, we will take all necessary steps to remove such information from our records immediately.
12. Data Subject Rights
As a data subject, you have the following rights under the General Data Protection Regulation (GDPR) and any applicable national data protection laws, such as the Federal Data Protection Act (BDSG) in Germany:
 
  • The right to access your personal data.
     
  • The right to rectification of inaccurate or incomplete personal data.
     
  • The right to erasure of personal data ("right to be forgotten").
     
  • The right to restrict processing of personal data.
     
  • The right to data portability.
     
  • The right to object to processing of personal data.
     
  • The right to lodge a complaint with a supervisory authority.
     
If you have any concerns about the personal information provided, please contact us using the information provided below.
Contact Us
If you have any questions or concerns about this Privacy Policy or our data practices, please contact us at:

info@electriccherryagency.com
Changes to this Privacy Policy
We reserve the right to update or change this Privacy Policy at any time. Any changes will be effective immediately upon posting the updated Privacy Policy on the Website. We will notify you of any material changes to this Privacy Policy via email or through a notice on our Website.
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