Privacy policy for a prize competition

Privacy policy for a prize competition

We give great importance to the protection of your personal data and compliance with data protection laws. Below, we inform you in particular about which personal data is processed for which purposes and on which legal basis.

1. Who is responsible for data processing?

HolidayPirates GmbH, Neue Grünstrasse 18, 10179 Berlin, Germany is the data controller. The Data Protection Commissioner of the HolidayPirates GmbH can be contacted here: [email protected]

2. Which categories of personal data are being used?

We process the following personal data in connection with your participation in the giveaway:

• Instagram or Facebook username – collected when you participate via our Instagram or Facebook Broadcast channels (used to select and contact winners).

• Email address – collected when you participate via our WhatsApp Broadcast channel (through an external registration page) or if needed to contact winners.

If you are selected as a winner, we will additionally process:

• Full name

• Email address (if not already collected)

• Postal address

• IBAN and BIC (for bank transfers, if applicable)

Purpose: To select winners, contact them, and deliver prizes.

Publication of winners: To accept the prize, winners must consent to the publication of their name (first name + first initial of surname) or their Instagram/Facebook username on our official Instagram accounts: @holidaypirates, @urlaubspiraten, @vakantiepiraten, @piratinviaggio, @travelpirates, and @viajerospiratas.

3. Where do these data come from?

The data comes directly from you as they have been collected in the course of participating in the prize draw.

Instagram/Facebook username: Collected when you take part via our Instagram or Facebook Broadcast channels.

Email address: Collected when you take part via our WhatsApp Broadcast channel (through an external registration page) or when we contact you after selection.

Winner details (full name, postal address, IBAN/BIC): Collected from you after we notify you of your win, for the purpose of delivering the prize.

4. For which purposes are my data being processed? Which is the legal basis that the company bases this on?

a. Art 6 para 1 b) GDPR

We process personal data within the framework of contractual negotiations and the performance of the contract for the prize draw that has been concluded between you and us.

Processing takes place for the provision of contractually guaranteed services like e.g. the fulfillment of a possible claim for the prize offered as part of the competition.

Legal basis is Art. 6 para. 1 b) GDPR. Within the scope of contract fulfillment and performance we process the data that you provide to us upon formation of the contract or in the course of the contractual relationship. This includes in particular your master information (name, surname, date of birth, address, e-mail address).

b. Art. 6 para 1 a) GDPR

If you have provided us with your consent to process data, we do so for the purposes informed about in the course of the declaration of consent. Consent that you have provided may be revoked at any time.

c. Art. 6 para 1 f) GDPR

We process your data in order to protect our own legitimate interest or those of third parties. This applies in particular to internal communication between affiliated companies and other administrative purposes.

5. Will data be transferred?

Within our company respectively the group of companies those employees receive access to your data who need the data in order to fulfill the contractual or legal responsibilities. Moreover, service providers that we use may also receive data for these purposes:

Meta Platforms, Inc. (Instagram and Facebook)

• Address: 1 Hacker Way, Menlo Park, California 94025, USA

• GDPR Compliance: Instagram Privacy Policy

• Purpose: Instagram serves as the platform for running the giveaway, including participant engagement and winner notifications.

• Data Processed: Instagram usernames and messages exchanged on the platform.

HolidayPirates GmbH does not transfer or send personal data outside Instagram. All data exchanged is within the platform's terms and conditions.

Playable ApS

• Address & place of jurisdiction: Playable ApS, Tueager 1, Aarhus N, Jylland 8200 Denmark

• GDPR Compliance: https://playable.com/privacy-policy-for-playable-aps/

• Purpose: Playable is used to facilitate marketing campaigns.

• Disclosed Data: The tool collects and processes personal data only as necessary to track participation, manage participant rewards, and measure campaign effectiveness.

Playable ApS is used as our order processor pursuant to Art. 28 GDPR. For details please see our Data Protection Policy.

Bank

• Address: Commerzbank Aktiengesellschaft, Kaiserplatz, 60311 Frankfurt/Main

• GDPR Compliance: https://www.commerzbank.de/portal/de/angebot/garmin/garmin-1/footer-8/recht-7/recht.html

• The bank details will be stored for internal communication purposes, e.g. if they are sent to the finance department by email. This will be deleted internally right after the transfer is completed.

We have to store bank statements for 10 years. This data will be permanently deleted after expiry of the tax and commercial law regulations.

6. What are my rights?

Basically you have the following rights:

right of access (Art. 15 GDPR)

right to rectification (Art. 16 GDPR)

right to object (Art. 21 GDPR)

right to erasure (Art. 17 GDPR)

right to restriction of processing (Art. 18 GDPR)

right to data portability (Art. 20 GDPR)

Where we cite our legitimate interest (Art. 6 para 1 f) GDPR) as the legal basis, you have a right to objection pursuant to Art. 21 GDPR.

According to Art. 21 GDPR you have the right

to object to the processing of personal data at any time. We will then no longer process the personal data for direct marketing purposes or a related profiling.

We also do not process your personal data for other purposes after your objection unless we can demonstrate reasons that are binding and worthy of protection for the processing of the data which outweigh your interests, rights and freedoms, or the processing of your personal data serves to assert, exercise or defend legal claims (cf. Art. 21 para. 1, para. 6 GDPR, so-called "limited right of objection"). In this case, you must explain the reasons for the objection arising from your particular situation.

7. Do I have a right to complain?

Yes, you have the possibility to address your complaint directly to us or towards the competent data protection authority.

We attach great importance to transparency. Please do not hesitate to contact us if you have any questions.

8. How long will my data be saved?

We process and store your personal data for the period of the existing contract. We will regularly delete the data when data is not required for contractual or legal purposed anymore. However, we need to take into account legal retention periods (in particular § 257 HGB and § 147 AO). These are up to 10 years.

Insofar as data is to be retained to ensure enforcement of legal claims, the limitation periods can be up to 30 years, whereby the regular limitation period is three years.

If your data is used for advertising purposes, we will only process the data until you object to its use or have revoked your consent or until usage is no longer permitted by law.

9. Do I have to give you my data?

In the context of our contractual relationship, you must provide the personal data that is necessary for the performance and fulfillment of the contract or the processing of which we are legally bound. Failure to make them available would mean that we are regularly unable to conclude the contract with you.