Privacy Policy and Terms and Conditions - Contests

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 contact data (email address), in addition to the protocol data which arise with the use of our IT systems. Furthermore, we process the following types of contact data provided by the winner of the competition:

• Full Name

• Email-Address

• Address and IBAN + BIC of winner's bank account

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.

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:

Viral Loops Technologies Inc.

• Address & place of jurisdiction: Viral Loops Technologies Inc. 422 Richards St, Suite 170, Vancouver, BC, V6B 2Z4

• GDPR Compliance: https://viral-loops.com/privacy

• Purpose: Viral Loops is used to facilitate referral-based marketing campaigns aimed at expanding our newsletter subscriber base.

• Disclosed Data: The tool collects and processes personal data only as necessary to track referrals, manage participant rewards, and measure campaign effectiveness, such as first name, email, referral amount, and referral link.

Viral Loops Technologies Inc. is used as our order processor pursuant to Art. 28 GDPR. For details please see our Data Protection Policy.

Iterable Inc.

The technical service provider Iterable Inc. is our processor for sending newsletters.

• Address & place of jurisdiction: Iterable Inc., 71 Stevenson Street, 3rd Floor, San Francisco, CA 94105, USA

• GDPR Compliance: https://iterable.com/trust/privacy-policy/

• Purpose: For advertising campaigns and sending offers from our website

• Disclosed Data: Email address (required), First and last name (voluntary), Subscription date (automatically collected), The country selected for the subscription (automatically collected)

In return for participating in the competition, we ask for your consent for us to send you our Newsletter with our best holiday deals and travel information by email in the future. Your personal data will only be used for this purpose. You can revoke your consent at any time. More in our privacy policy (LINK).

When you subscribe to the newsletter, your behavior in our newsletter is recorded (tracking the opening of emails and clicks on links). As soon as you open, and/or click on a newsletter, pseudonymised data will be saved. In this case, we are using the data for the optimization of our website contents and offers. In order to be able to adapt our newsletter to your needs, we use cookies which track your links if necessary (retargeting). In this way, you will receive special offers and information that fit your actual interest. By subscribing to our newsletter, you agree to this procedure. Of course, you always have the opportunity to contradict this.

The legal basis for sending the newsletter is your consent in accordance with Art. 6 para. 1 (a) GDPR.

By registering, you also consent to your data being processed in the USA in accordance with Article 49 Paragraph 1 Sentence 1 Letter a GDPR. The USA is assessed by the European Court of Justice as a country with an inadequate level of data protection according to EU standards. In particular, there is a risk that your data may be processed by US authorities for control and monitoring purposes, possibly even without any legal remedy.

You can unsubscribe from our newsletter at any time; the link to do so is at the end of every newsletter. As soon as you have unsubscribed from the newsletter, you will no longer receive any offers from us. Your personal data will not be reused and are blocked immediately. Your data will be saved for another 3 years before it will be deleted. Legal basis for saving the data is our entitled interest of proving that the delivery of emails happened with your consent in order to ward off potential claims.

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.

-------------------------------------------------------

Terms and Conditions

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.

1. Eligibility: Anyone who registers for the newsletter via the popup on the Competition page by December 15th, 2024 and confirms their registration by email will be entered into the Competition. Already registered newsletter subscribers must re-enter their email address via this web page:https://pages.viral-loops.com/winter-cheer-giveaway-travelpirates in order to enter the competition. User actions might trigger further contest-related emails.The campaign is only open to legal residents of the United States who are 18 years of age or older as of the date of entry, and is void where prohibited by law. Employees of TravelPirates Corp., its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the campaign. The campaign is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.

2. Agreement to Rules: By participating, the Contestant (“You”) agrees to be fully, unconditionally bound by these rules, and represent and warrant that you meet the eligibility requirements. In addition, you agree to accept the decisions of TravelPirates Corp. as final and binding as it relates to the content of this campaign.

3. Campaign Period: Entries will be accepted online starting on December 2nd, 2024 at 10:00 AM EST and ending at 11:59 PM EST on December 15th, 2024. All online entries must be received before midnight EST on December 16th, 2024.

4. How to Enter: Everyone who registers to the newsletter via the competition page by December 15th, 2024, are automatically entered for a chance to win a $300 prize. Refer 1 friend to qualify for the $500 prize draw. Refer 3 friends to qualify for the $1,000 prize draw.

And subsequently confirms their registration by email will be entered into the competition. Already registered newsletter subscribers must re-enter their email address via this web page https://pages.viral-loops.com/winter-cheer-giveaway-travelpirates in order to enter the competition. User actions might trigger further contest-related emails. Participants will receive a personalized link to share with their contacts after entering their email address. The more friends a participant invites to join the Newsletter Service the higher the chances to win the prize. The participants will increase their chances to win by 10 additional entries each time they share the personalized link with a friend via the channels provided on the contest widget and the referred friend registers successfully for the TravelPirates Newsletter Service. The entry must fulfill all campaign requirements, as specified, to be eligible to win a prize. Entries that are incomplete, or do not adhere to the rules or specifications, may be disqualified at the sole discretion of TravelPirates Corp. You may enter only once. You must provide the information requested. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of TravelPirates Corp.

5. Prize: The winners of the contest (3 “Winners”) will receive one of the 3 prizes worth $300, $500, and $1000 (€ + £) The value of this prize can only be used for booking flights and hotels (where applicable, the prize value will be converted to the local currency according to the exchange rate at the time of booking). The value of this prize can only be used for booking flights, hotels, and transfers, any remaining value will be forfeited. There is only one prize available across all participating countries (the Netherlands, Belgium, Germany, Italy, France, Spain, United Kingdom and USA). Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by TravelPirates Corp. No cash or other prize substitution shall be permitted except at the discretion of TravelPirates Corp. The prize is transferable, as the winner may give their prize as a gift. Any and all prize related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of the winner. No substitution of the prize or request for the cash equivalent by the winner is permitted. Acceptance of prize constitutes permission for TravelPirates Corp. to use the winner's name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law. If the prize involves travel then you must start your travel from one of the participating countries: Germany, France, Spain, Italy, USA, United Kingdom, Belgium and The Netherlands. The winner must travel within one year of claiming the prize, or risks forfeiting the prize. Money remaining from the original competition prize value after the trip arrangement (flights and accommodation) cannot be used by a third party not connected to the prize. Complex multi-city trips are not permitted. TravelPirates Corp., in its sole discretion, shall decide what constitutes a complex multi-city trip. The trip to be won in the draw will be arranged by TravelPirates Corp. TravelPirates Corp. is not liable for the trip execution. Winners are responsible for ensuring their passport, visa, and any other required travel documents are valid and up to date for any trip they arrange with TravelPirates Corp. If after arranging the trip with TravelPirates Corp. the winners realize that their papers are not in order, TravelPirates Corp. will not be liable to arrange another trip. The prize may be considered a taxable benefit to the winner. The winner will be solely and directly responsible for accounting for and paying to any relevant tax authority, any tax liability arising on their prize.

6. Odds: The odds of winning depend on the number of eligible entries received.

7. Winner Selection and Notification: Winner will be selected by a random drawing under the supervision of TravelPirates Corp. and HolidayPirates GmbH. The winner will be notified by an email sent to the specified email address within 1 business day after the campaign period. The winner will be drawn after December 15th, 2024. To accept the prize, the winner must confirm, using the contact routes specified in the notification, the receipt of the notification as well as his name and address within three days from being notified of the prize by the Competition promoter. TravelPirates Corp. shall have no liability for the winner's failure to receive notices due to spam, junk e-mail or other security settings or for the winner's provision of incorrect or otherwise non-functioning contact information. If the winner cannot be contacted, is ineligible, or fails to claim the prize within 3 days from the time the award notification is sent by TravelPirates Corp., or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate winner selected. The trip has to be booked in cooperation with TravelPirates Corp. within one year after the winner claims the prize. Receipt by the winner of the prize offered in this campaign is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT TRAVELPIRATES CORP.’S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.

8. Rights Granted by You: By entering this content (e.g., photo, video, text, etc.), You understand and agree that TravelPirates Corp., anyone acting on behalf of TravelPirates Corp., and TravelPirates Corp.’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the world, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes, without any further compensation, notice, review, or consent. By entering this contest, you represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, you will be disqualified at the sole discretion of TravelPirates Corp. If the content of your entry is claimed to constitute an infringement of any proprietary or intellectual proprietary rights of any third party, you shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless TravelPirates Corp. from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which TravelPirates Corp. may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.

9. Terms & Conditions: TravelPirates Corp. reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond TravelPirates Corp.’s control corrupt or affect the administration, security, fairness, or proper conduct of the campaign. In such a case, TravelPirates Corp. may select the winner from all eligible entries received prior to and/or after (if appropriate) the action taken by TravelPirates Corp. TravelPirates Corp. reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the campaign or website or violates these Terms & Conditions. TravelPirates Corp. has the right, in its sole discretion, to maintain the integrity of the campaign, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by campaign rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the campaign may be a violation of criminal and civil laws. Should such an attempt be made, TravelPirates Corp. reserves the right to seek damages to the fullest extent permitted by law.

10. Limitation of Liability: By entering, You agree to release and hold harmless TravelPirates Corp. and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the campaign and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the promotion or the processing of entries.

11. Disputes: THIS Campaign IS GOVERNED BY THE LAWS OF the United States of America AND the state of Massachusetts, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this campaign, participants agree that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Massachusetts having jurisdiction. Further, in any such dispute, under no circumstances shall the participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this campaign). Participant further waives all rights to have damages multiplied or increased.

12. Privacy Policy: Information submitted with an entry is subject to the Privacy Policy stated on the TravelPirates Corp. website. To read the Privacy Policy, click here.

13. Winners List: To obtain a copy of the winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to TravelPirates Corp., Workbar- Back Bay, 399 Boylston Street, 6th floor Boston, MA 02116, USA.

14. Sponsor: The sponsor of the Campaign is TravelPirates Corp., Workbar - Back Bay, 399 Boylston Street, 6th floor Boston, MA 02116, USA.

15. Facebook and Instagram are in no way connected with the Competition and are not available for contact about the Competition.

16. By participating, you, the contestant, have affirmatively reviewed, accepted, and agreed to all of the Official Rules.