Privacy - Trendkost Promotionagentur

Privacy Policy

The app “electronica Young Talents Day – QR Code Rallye,” hereafter referred to as the application, uses a server-side platform hosted by NAmedia GmbH.

The processing of personal data, such as the IP address of a data subject, is always in accordance with the General Data Protection Regulation (GDPR) and in compliance with the country-specific data protection regulations applicable to NAmedia GmbH. With this privacy policy, our company seeks to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Additionally, this privacy policy informs data subjects about their rights.

1. Definitions

The privacy policy of NAmedia GmbH is based on the terms used by the European legislator when enacting the General Data Protection Regulation (GDPR). Our privacy policy is intended to be easy to read and understand for both the general public and our customers and business partners. To ensure this, we would like to explain the terminology used in advance.

We use the following terms in this privacy policy:

a) Personal Data

Personal data means any information relating to an identified or identifiable natural person (hereinafter “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

b) Data Subject

A data subject is any identified or identifiable natural person whose personal data is processed by the data controller.

c) Processing

Processing means any operation or set of operations which is performed on personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.

d) Restriction of Processing

Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.

e) Profiling

Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.

f) Pseudonymization

Pseudonymization means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.

g) Controller or Data Controller

Controller or data controller means the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

h) Processor

Processor means a natural or legal person, public authority, agency, or other body that processes personal data on behalf of the controller.

i) Recipient

Recipient means a natural or legal person, public authority, agency, or other body to whom the personal data is disclosed, whether a third party or not. However, public authorities which may receive personal data in the context of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.

j) Third Party

Third party means a natural or legal person, public authority, agency, or body other than the data subject, controller, processor, and persons who, under the direct authority of the controller or processor, are authorized to process personal data.

k) Consent

Consent of the data subject means any freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

2. Name and Address of the Data Controller

The controller, as defined by the General Data Protection Regulation (GDPR), applicable data protection laws in the member states of the European Union, and other data protection-related provisions, is:

NAmedia GmbH, Siegbertstr. 20, 67346 Speyer, Germany

Tel.: +49 – (0)211-74 95 64 17

Email: privacy@na-media.com

Website: https://www.na-media.com

3. Collection of General Data and Information

The application collects a range of general data and information whenever a data subject or an automated system accesses its content. This general data and information are stored in the server’s log files. The following may be collected:

(1) the browser types and versions used,

(2) the operating system used by the accessing system,

(3) the application from which the accessing system reaches our application (so-called referrers),

(4) the content paths of the accessed content,

(5) the date and time of access to the server,

(6) an Internet Protocol address (IP address),

(7) the Internet service provider of the accessing system, and

(8) any other similar data and information that can be used to prevent threats in the event of attacks on our information technology systems.

When using this general data and information, NAmedia GmbH does not draw any conclusions about the data subject. Instead, this information is needed to (1) correctly deliver the content of our application, (2) optimize the content of our application and the advertising for it, (3) ensure the long-term functionality of our information technology systems and the technology of our application, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyberattack. Therefore, NAmedia GmbH statistically evaluates this anonymously collected data and information, with the additional goal of enhancing data protection and data security in our company, to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data from the server log files are stored separately from any personal data provided by a data subject.

4. Routine Deletion and Blocking of Personal Data

The data controller processes and stores personal data of the data subject only for the period necessary to achieve the purpose of storage or as required by the European directives and regulations or any other legislator in laws or regulations to which the data controller is subject.

If the storage purpose ceases to apply, or if a storage period prescribed by the European directives and regulations or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with legal requirements.

2. Name and Address of the Data Controller

NAmedia GmbH, Siegbertstr. 20, 67346 Speyer, Germany

Tel.: +49 – (0)211-74 95 64 17

Email: privacy@na-media.com

Website: https://www.na-media.com

3. Collection of General Data and Information

(1) the browser types and versions used,

(2) the operating system used by the accessing system,

(3) the application from which the accessing system reaches our application (so-called referrers),

(4) the content paths of the accessed content,

(5) the date and time of access to the server,

(6) an Internet Protocol address (IP address),

(7) the Internet service provider of the accessing system, and

(8) any other similar data and information that can be used to prevent threats in the event of attacks on our information technology systems.

4. Routine Deletion and Blocking of Personal Data

5. Rights of the Data Subject

a) Right to Confirmation

Every data subject has the right, granted by the European legislator, to obtain confirmation from the data controller as to whether or not personal data concerning them is being processed. If a data subject wishes to exercise this right of confirmation, they may contact any employee of the data controller at any time.

b) Right of Access

Every data subject affected by the processing of personal data has the right, granted by the European legislator, to obtain free information from the data controller about their stored personal data and a copy of this information at any time. Furthermore, the European legislator has granted the data subject access to the following information:

• the purposes of processing

• the categories of personal data being processed

• the recipients or categories of recipients to whom the personal data has been or will be disclosed, especially recipients in third countries or international organizations

• if possible, the planned duration for which the personal data will be stored, or, if not possible, the criteria used to determine that duration

• the existence of a right to rectify or erase personal data concerning them or to restrict the processing of their data by the controller or to object to such processing

• the existence of a right to lodge a complaint with a supervisory authority

• if the personal data is not collected from the data subject: any available information regarding the data’s source

• the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and — at least in those cases — meaningful information about the logic involved and the significance and intended consequences of such processing for the data subject

Furthermore, the data subject has the right to know whether personal data has been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to be informed of the appropriate safeguards relating to the transfer. If a data subject wishes to exercise this right of access, they may contact any employee of the data controller at any time.

c) Right to Rectification

Every data subject affected by the processing of personal data has the right, granted by the European legislator, to request the immediate rectification of inaccurate personal data concerning them. Furthermore, the data subject has the right, considering the purposes of processing, to request the completion of incomplete personal data, including by means of a supplementary statement. If a data subject wishes to exercise this right to rectification, they may contact any employee of the data controller at any time.

d) Right to Erasure (Right to be Forgotten)

Every data subject affected by the processing of personal data has the right, granted by the European legislator, to request the erasure of personal data concerning them without undue delay, provided that one of the following reasons applies and as long as processing is not necessary:

• The personal data is no longer necessary for the purposes for which it was collected or otherwise processed

• The data subject withdraws consent on which the processing is based according to Article 6(1)(a) or Article 9(2)(a) of the GDPR, and there is no other legal ground for the processing

• The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR

• The personal data has been unlawfully processed

• The erasure of the personal data is necessary to fulfill a legal obligation under Union or Member State law to which the data controller is subject

• The personal data was collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR

If one of the aforementioned reasons applies and a data subject wishes to request the deletion of personal data stored by NAmedia GmbH, they may contact any employee of the data controller at any time. The employee of NAmedia GmbH will promptly ensure that the deletion request is complied with.

If NAmedia GmbH has made the personal data public and is obliged to erase the personal data pursuant to Article 17(1) of the GDPR, NAmedia GmbH, taking into account available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested the deletion of any links to, or copies or replication of, such personal data, provided that the processing is not required. The employee of NAmedia GmbH will arrange the necessary steps in individual cases.

e) Right to Restriction of Processing

Every data subject affected by the processing of personal data has the right, granted by the European legislator, to request the restriction of processing if one of the following conditions is met:

• The accuracy of the personal data is contested by the data subject for a period enabling the controller to verify the accuracy of the personal data

• The processing is unlawful, and the data subject opposes the deletion of the personal data and requests the restriction of its use instead

• The controller no longer needs the personal data for processing purposes, but the data subject requires it for the establishment, exercise, or defense of legal claims

• The data subject has objected to the processing pursuant to Article 21(1) of the GDPR, pending verification of whether the legitimate grounds of the controller override those of the data subject

If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored by NAmedia GmbH, they may contact any employee of the data controller at any time. The employee of NAmedia GmbH will arrange the restriction of processing.

f) Right to Data Portability

Every data subject affected by the processing of personal data has the right, granted by the European legislator, to receive the personal data concerning them, which was provided to a controller, in a structured, commonly used, and machine-readable format. They also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, as long as the processing is based on consent pursuant to Article 6(1)(a) or Article 9(2)(a) of the GDPR, or on a contract pursuant to Article 6(1)(b) of the GDPR, and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

In exercising the right to data portability pursuant to Article 20(1) of the GDPR, the data subject also has the right to have the personal data transmitted directly from one controller to another, where technically feasible and where this does not adversely affect the rights and freedoms of others. If a data subject wishes to exercise the right to data portability, they may contact any employee of NAmedia GmbH at any time.

6. Legal Basis for Processing

Article 6(1)(a) of the GDPR serves as the legal basis for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the fulfillment of a contract to which the data subject is a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of other services or benefits, then the processing is based on Article 6(1)(b) of the GDPR. The same applies to processing operations that are necessary for carrying out pre-contractual measures, such as in cases of inquiries regarding our products or services. If our company is subject to a legal obligation that requires the processing of personal data, such as fulfilling tax obligations, then the processing is based on Article 6(1)(c) of the GDPR. In rare cases, the processing of personal data may be necessary to protect vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured in our company, and his name, age, health insurance data, or other vital information had to be passed on to a doctor, a hospital, or other third parties. In that case, the processing would be based on Article 6(1)(d) of the GDPR. Ultimately, processing operations may be based on Article 6(1)(f) of the GDPR. Processing operations that are not covered by any of the aforementioned legal bases are permissible if the processing is necessary for the purposes of legitimate interests pursued by our company or a third party, provided that the interests, fundamental rights, and fundamental freedoms of the data subject do not override those interests. Such processing operations are particularly permitted because they are specifically mentioned by the European legislator. He held the view that a legitimate interest may be assumed if the data subject is a customer of the data controller (Recital 47, Sentence 2 of the GDPR).

7. Legitimate Interests in Processing Pursued by the Data Controller or a Third Party

If the processing of personal data is based on Article 6(1)(f) of the GDPR, our legitimate interest is to conduct our business activities for the benefit of the well-being of all our employees and our shareholders.

8. Duration of Storage of Personal Data

The criterion for the duration of the storage of personal data is the respective statutory retention period. After the retention period has expired, the corresponding data will be routinely deleted, provided that it is no longer necessary for the fulfillment of the contract or for pre-contractual measures.

9. Legal or Contractual Provisions for Providing Personal Data; Necessity for Contract Conclusion; Obligation of the Data Subject to Provide Personal Data; Possible Consequences of Non-Disclosure

We inform you that the provision of personal data is partially legally required (e.g., tax regulations) or may arise from contractual agreements (e.g., information about the contractual partner). Sometimes, it may be necessary for the conclusion of a contract for a data subject to provide us with personal data that must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data when our company concludes a contract with them. A failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data by the data subject, the data subject must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of personal data is legally or contractually required or necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what consequences the non-provision of the personal data would have.

10. Existence of Automated Decision-Making

As a responsible company, we refrain from automated decision-making or profiling.

11. Permissions Required by the Application

If a function of the application requires certain permissions on the operating system on which the application is running, the user will be asked to grant these specific permissions. The user can then grant or deny the requested permissions.

This application may request the following permissions, among others:

• android.permission.CAMERA: This is used to allow the user to scan a QR code with the device camera.

This privacy policy was created using the privacy policy generator by Datenschutzkindern in cooperation with RC GmbH, which recycles used notebooks, and the file-sharing lawyers at WBS-LAW.