Terms & Conditions

 

Zalando Marketing Services GmbH, Tamara-Danz-Straße 1, 10243 Berlin, („Collabary“ or “Zalando “ or “Organizer”), registered at the Amtsgericht Berlin (Charlottenburg) under HRB 158855B. is hosting a contest on Instagram (the “Competition”). Participation is free of charge and participants are not required to make a purchase to attend.

By entering the competition, you agree to be bound by the following terms and conditions (the “T&C”):

 

  • 1 Competition
  1. The Competition period is from 05.09. to 08.09.2019, 11:59pm (the “Competition Period”). Participations out of the Competition Period will not be eligible to win the prize.
  2. Participation is free of charge. Neither making a purchase nor subscribing to the newsletter will increase a participant’s chance of winning.
  3. By entering the Competition, participants agree that Collabary is entitled to publish their name on Collabary’s websites, social media profiles or in any offline media (see Privacy Notice below for details on data protection).

 

  • 2 Participants / Exclusion from Competition
  1. Participants must be of full age (18 years or more) and resident in Germany. Each participant may only enter once and must provide her/his details completely and in full.
  2. Employees of Collabary are excluded from participating in the Competition.
  3. Collabary reserves the right to disqualify and exclude any participant who infringes the present T&C, the law or acts against generally accepted good practices or public order. In this case the excluded participant will not be eligible to win.
  4. Individuals who have made use of unauthorized aids or other kinds of manipulation to gain an advantage will also be excluded. In such cases, prizes may also be rescinded and recalled, if necessary.

 

  • 3 Mechanics of the Competition
  1. In order to participate in the Competition, participants must enter their contact details on the landing page (first name, last name, company, company email address). 
  2. The winner will be chosen by drawing lots. The winner will be selected on 09.09.2019 and will receive the prize. The prize will consist of 2 expo tickets for the DMEXCO 2019 taking place on the 11th and 12th of September in Cologne, Germany.
  3. The winner will be notified via email and will have to answer via email detailing his/her name, address and all the personal data necessary to claim the prize. If the prize is not claimed within two weeks following Collabary’s notification an alternative winner will be chosen.
  4. Collabary reserves the right to transfer the details of the winner to third parties in order to arrange delivery of the Prize (see Privacy Notice below for details on data protection). The participant is responsible for the accuracy of the email/postal address provided.
  5. The Prize is non-transferable and non-refundable. Rejecting the prize or the T&C will result in the Prize being withheld.
  6. Questions, enquiries or complaints should be directed in writing by email to hello@collabary.com.

 

  • 4 Premature closure of the Competition

Zalando reserves the right to cancel the Competition at any time without prior notice. In particular, Zalando may cancel the Competition in case of technical issues (e.g. computer viruses, manipulation or hard/software errors), or if, due to legal reasons, the Competition cannot be properly implemented. Should a participant be cause for the cancellation of the Competition, Zalando may demand compensation for damage.

 

  • 5 Responsibility for content
  1. Participants are entirely responsible for all content they submit for the Competition. If the participant has submitted a photo, design or other material, they must guarantee that the material submitted is not illegal, offensive or damaging in any way and could not be construed as libel towards third parties. Submission or publication of any advertisements or promotional material is not permitted. Content that does not comply with the T&C may be altered or removed without prior warning.
  2. In case of content being subject to intellectual property law (e.g. copyright or trademark law), participant warrants that he/she is either the rightful owner of such intellectual property or has been awarded a usage right by the respective rights’ holder. Furthermore, by submitting the content participant grants Zalando the right to publish, distribute, copy and use such content in the course of this Competition.
  3. Zalando will not be held liable in the case of a participant’s infringement of third party rights and any incurring legal disputes. Zalando is also not responsible for any incurring legal fees. 

 

  • 6 Liability

Zalando shall use its reasonable endeavours in the organisation and management of this Competition. If, however, damages occur resulting from the Competition itself, from publishing the winner’s name or for any other reason, Zalando will accept no liability. Zalando takes no responsibility for potential print or spelling mistakes, as well as other similar errors of any other kind in published material.

 

  • 7 Other 

These terms and conditions and the entire legal relationship between the participants and Zalando are the subject to the laws of Germany. Recourse to the court is not permitted.

Privacy Notice

 

This Privacy Policy applies to all competitions, contests and raffles (together the “Competitions) carried out by the controller mentioned below, unless the Competitions themselves provide otherwise.

 

  • 1 General Information

Controller for the processing of your data is:

Zalando SE

Valeska-Gert-Str. 5

10243 Berlin

For further information, see Imprint.

If you have any questions about data protection, you can contact the Zalando Data & IT Law Team unter legal-it@zalando.de or our data protection officer at any time. The easiest way to contact them is under datenschutz@zalando.de. 

We process your personal data only if the law permits the processing of data or if you have given your consent to the processing of your data. The provision of your personal data as set out in the respective Competition T&C or otherwise and secondarily in these Competition Privacy Terms is a necessary requirement for entering into a contract with Zalando and for the execution of that contract. If you do not provide the requested data truthfully and in full, Zalando may be unable to fulfill its obligations under the Competition T&C. Therefore, participants who give incorrect information may be excluded from participation. The exclusion may also occur after implementation if it is determined that the data was incorrect.

By entering the Competition, all personal information provided by you will be stored in Zalando’s records for the purpose of performing the Competition and announcing the winners. Participants agree to provide Zalando with all information necessary for the organization of the Competition and the award ceremony. Winners of the Competition agree that Zalando has the right to publish their name on Zalando websites, social media profiles or offline media.

If Zalando uses the data of participants beyond this, a separate agreement or consent will be obtained. This can also be done in a registration process. Therefore, please note the information in chapter “Use of contact forms.”

You may withdraw your consent to the processing of your personal data at any time, without affecting the lawfulness of processing based on consent before its withdrawal. You can exercise these rights and other data rights –  please note the information in chapter Your Rights as a data subject – by writing to Datenschutz at Zalando SE at the following address: Tamara-Danz-Straße 1, 10243, Berlin (Deutschland), indicating your full name and minimum one more data for depending on with which data you registered or applied for the Competition, like your postal address or email-address, and mention the right you wish to exercise. You can also contact Zalando’s data protection officer under datenschutz@zalando.de

Zalando remains the sole organizer of the Competition and any personal information disclosed will not be made available to any third parties but Zalando’s affiliates (as defined in sections 15 et seq. German Stock Corporation Act, AktG).

As far as required for the establishment, content or modification of the contractual relationship (inventory data), your personal data is used exclusively for the execution of the contract. These data are usually:

  • Name, first Name
  • Date of birth
  • Address
  • E-mail address
  • Your consent, which we collect together with IP address and browser data

The legal basis of the data processing is the consent of you as the data subject in accordance with Art. 6 (1) (a) EU GDPR.

Your data is transmitted to internal bodies involved in the execution of the respective business processes, such as accounting, logistics, purchasing, technology. As soon as the business purpose of the Competition is fulfiled and you have not been identified as a winner, we will delete your data within one month after the end of the Competition. Were you identified as a winner, there are tax and commercial retention periods. These amount to 10 years in accordance with Tax Code for accounting documents and 6 years according to Commercial Code for business documents.

On the instructions of the competent authorities, we may provide in individual cases information about inventory data, as far as law enforcement purposes apply. We will carefully review such requests – should that happen – within the limits of the means at our disposal and only pass on your data if the legal obligation is conclusive to us. Such data processing is necessary for compliance with a legal obligation to which the controller is subject in accordance with Art. 6 (1) (c) EU GDPR.

 

  • 2 Notes on data processing on our websites:
  • 2.1 browser data & anonymous profiles

For technical reasons and to maintain and improve the functionality, information transmitted to us by your internet browser is automatically collected by us, stored and, if necessary, passed on to third parties. Our legitimate interest in processing as set out in Art. 6 (1) (f) EU GDPR the operational safety of the website. This anonymous data (except IP address) will be stored separately from any personal information you may provide.

These data could be:

  • Browser type and version
  • Website from which you visit us (referrer-url)
  • Operating system used
  • Website you visit
  • Date and time of your access
  • Your internet protocol data (IP address)
  • transferred amount of data
  • Access status (transfer files, file not found, etc.)

Every time a user accesses our web pages, this process saves data in a log file. We use this data to make it technically possible for you to visit our site. Furthermore, we use this data for statistical purposes to improve our website design and layout. There is no personal use of this data. Our legitimate interest in processing, in accordance with Art. 6 (1) (f) EU GDPR,is the reliability and functionality of the website. In detail, the following data record could be saved for each access:

  • Name of the retrieved file
  • Date and time of retrieval
  • Requesting domain
  • Transferred amount of data
  • Message if the retrieval was successful
  • Description of the type of web browser used
  • Country of origin of the domain
  • 2.2 Use of contact forms 

If you contact us via the contact form, we ask for some personal information. In each case, the data that we need in order to process your contact request in a meaningful way, but at least the surname and first name, e-mail address are queried. The respective required data fields are marked and are in our legitimate interest for processing it in accordance with Art. 6 (1) (f) EU GDPR. In addition, you can voluntarily provide us with additional data as part of the contact request. The data is stored by us and used for the purpose of answering your contact request. The voluntary provision of this data is a consent to the use of data in the above sense. Your consent to the collection and use of data will be logged by us. The legal basis of the data processing is the consent of the data subject in accordance with Art. 6 (1) (a)  EU GDPR.

  • 2.3 Registrations

You have the opportunity to register on our website and create a user profile. On the occasion of your registration on our website, we collect and use the following data in addition to the data transmitted to us by your internet browser:

  • Date and time of registration
  • Your first name and last name
  • Your IP-adress
  • Your email address
  • If voluntarily indicated your telephone number

Your user profile gives you the opportunity to use other parts of our website and to log in for the offers you have purchased.

The legal basis of the data processing is the consent of you as the data subject in accordance with Art. 6 (1) (a) EU GDPR.

 

  • 3 Notes on data processing in social media

We have little influence on data processing in social media. If a competition is held there, the data processing is basically also according to the above conditions. However, there may also be other data processing that arises as part of the use of these social media and which we can barely influence. The data processing through our pages on social media is always only as far as your own settings allow.

If necessary, we may link the platform to third party websites, such as Facebook, so you can take advantage of the opportunities provided there and, for example, send invitation messages or referral requests via the third party website. These messages will be sent from the third party website. Please inform yourself in advance, e.g. here: https://www.facebook.com/help/568137493302217 Check regularly the possibilities that Facebook offers to protect your personal information. Ensure the privacy of information that you do not want to make public.

To participate in a social media Competition, the winners of the may need to publish articles, the username, and the linked profile. If this is the case with your participation, you will be required to release your user name and profile in the settings. The personal user data will be kept strictly confidential and will not be passed on to potential sponsors without your consent. The legal basis of the data processing is the consent of the data subject in accordance with Art. 6 (1) (a) EU GDPR

 

  • 4 Participation in other ways

If you participate in writing or by telephone, also via WhatApp or SMS / MMS, the registration takes place via the submission of your participation data on the respective channel. The notified privacy notices and additionally the chapters of this declaration apply except 2.

 

  • 5 Deletion

If we process your data on the legal basis depending on the purpose, the data processing ends with the achievement of the purpose or with the withdrawal of your consent. Subsequently the legislator has issued various retention and deadlines. After these deadlines, the data will be routinely deleted.

 

  • 6 Your Rights as a Data Subject

You have various rights with respect to data processing. We have outlined these in the following; please note that this is a rough outline for purposes of better understanding and that the exact scope of your rights is, of course, in accordance with the legal provisions. We take your rights seriously. In order to make the rights described here applicable, you can contact us at any time using the contact details given above.

Right to access information about which data we process about you (Art. 15 EU GDPR): You have the right to access information about which data are processed by us and further information pursuant to Art. 15 EU GDPR in connection with data processing. Upon request, we will be pleased to provide you with the relevant data and information and provide you with a copy of this data.

Right to rectification of your data (Art. 16 GDPR): You have the right to have your data rectified if your data is incorrect or – taking into account the purposes of processing – incomplete.

Right to erasure (Art. 17 GDPR): You have a right to erasure if data is no longer needed, the processing is not lawful or in other cases specified in Art. 17 EU GDPR. In these cases we will delete your data immediately.

Right to restrict the processing of your data (Art. 18 EU GDPR): You have the right to restrict your data in the cases specified in Art. 18 EU GDPR. This includes, among other things, the case that we process data in areas or to an extent that no longer justifies data processing by law. In addition, the case may be relevant that data is subject to a retention obligation and we are therefore not allowed to delete it without further ado. In this case, we limit the processing as much as possible. As a rule, restriction means that the data is stored but can no longer be accessed by employees.

Right to data portability (Art. 20 EU GDPR) The right to so-called data portability allows you to receive from us and have transmitted by us data about you that you yourself have provided to us in the format specified in Art. 20 EU GDPR. Excluded from the publication, however, are such data which we obtain ourselves through processing (so-called processing results).

Right to withdraw a consent granted for data processing (Art. 7 (3) EU GDPR): If you have consented to the processing of your data, we will only process this data for the purposes stated in the consent text. You can revoke this consent at any time. The revocation of your consent does not affect the legality of the processing that took place on the basis of your consent until you revoke your consent.

The right to object to data processing based on Art. 6 (1) (e), (f) EU GDPR (Art. 21 EU GDPR): We cease processing your data on the basis of Art. 6 (1) (e), (f) EU GDPR (performance of a task within the framework of public authority/interest or processing to maintain legitimate interests) if you object to this and the objection is justified

The right not to be subject to a decision based exclusively on automated processing (Art. 22 EU GDPR) If you are subject of an solely on automated decision based processing of your data, which has legal effect on you, we will inform you in particular about the consequences and desired effects of the processing of your data. You have the right not to be subjected to such a decision which has legal effect on you or which similarly significantly impairs you, unless one of the reasons stated in Art. 22 (2) EU GDPR applies.

Right of appeal to the supervisory authority: You also have the right to complain to the competent supervisory authority: Berliner Beauftragte für Datenschutz und Informationsfreiheit, Friedrichstraße 219, 10969 Berlin

We take numerous measures to ensure the data security of our systems. Also under “Technical and organizational measures (“TOM”)”. All data located on the above mentioned web pages, which are “hosted” on our servers and services, are protected against access by unauthorized persons by means of successive security systems. Employees of the provider and its system service providers check the effectiveness of the protection daily.