Participation terms and conditions and Data Protection Policy

A deal from , 21. Jan. 2018 2:22 pm

HolidayPirates: Participation terms and conditions

“Blue Paradise

1. Competition and organisers

The promoter of this online competition “Blue Paradise” (hereinafter referred to as “Competition”) is HolidayPirates GmbH, Wallstraße 59, 10179 Berlin, Germany (hereinafter referred to as “HolidayPirates”). The participation in the Competition is governed exclusively by the following participation terms and conditions.

2. Participation

2.1 Entrants must be at least 18 years old and domiciled in the United Kingdom, Germany, France, Italy, Austria, Switzerland, the Netherlands, Belgium, Spain, United States of America in order to participate. Excluded from participation are employees, and their family members, of HolidayPirates and its affiliate companies.

2.2 Participation in the Competition is possible only from January 27, 2020 (10:00 GMT) to February 9, 2020 (23:59 GMT). Participation in the Competition is free of charge. Participation can happen until February 9, 2020, 23:59 GMT.

2.3 In order to participate in the draw, users are required to download the HolidayPirates app and sign up for the contest in the app. Users can download the app from the app/play store. After opening the app, users have to select a market. After they complete these steps, a contest message will appear in the app. Users need to enter a valid email address in the participation form in the app and click the submit button to enter the draw.

2.4 Only those who meet the conditions described in para.2.3 enter the Competition. HolidayPirates cannot be held liable for late and/or incomplete entries.

3. Execution and carrying out of the prize win

3.1 Only the prizes specified in detail below will be drawn:

One holiday worth £4,300. 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 markets participating (Germany, Austria, Switzerland, UK, France, Spain, Italy, USA, the Netherlands and Belgium) in the Competition. 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. HolidayPirates, in its sole discretion, shall decide what constitutes a complex multi-city trip.

3.2 The winners will be drawn at random within one business day after the campaign period.

3.3 The winner will be notified by an email sent to the email address the participant provided in 2.3. The draw will be held after February 9, 2020. The winner must confirm, using the contact routes specified in the notification, the receipt of the notification as well as their name and address within three days from being notified of the prize by the Competition promoter. Otherwise, the right to the prize ceases and will be allocated to another entrant. In this respect, the entrant is responsible for making sure that he takes note of the notification of the prize from HolidayPirates via his email account. The prices communicated during the Competition through our communication channels are converted into local currencies using foreign exchange rates applicable on the campaign start day. If the prize won is the participation in a trip, the trip details will be arranged in consultation with the winner.

3.4 The winner must travel within one year of claiming the prize, and otherwise risks forfeit by not doing so.

3.5 The claim to the prize may not be assigned or transferred. The prize cannot be paid out, supplemented or changed. If the prize cannot be made available to the winner for whatever reason, HolidayPirates reserves the right to provide a substitute prize of an equivalent value.

3.6 The trip to be won in the draw will be arranged by HolidayPirates. HolidayPirates is not liable for the trip execution.

3.7 The contest is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram. Facebook and Instagram must not be contacted regarding the Competition.

3.8 If the prize involves travel then you must start your trip from one of the participating countries: Germany, Austria, Switzerland, UK, France, Spain, Italy, USA, Belgium and The Netherlands

3.9 Winners are responsible for ensuring that their passport, visa, and any other travel documents are valid and up to date for any trip they arrange with HolidayPirates. If after arranging the trip with HolidayPirates the winners realise that their papers are not in order, HolidayPirates will not be liable to arrange another trip.

3.10 The prize(s) may be considered a taxable benefit to the winner(s). The winner(s) will be solely and directly responsible for accounting for and paying to any relevant tax authority, any tax liability arising on their prize.

4. Exclusion from participation

4.1 HolidayPirates reserves the right to exclude entrants from the Competition if they violate these terms and conditions.

4.2 Moreover, HolidayPirates reserves the right to exclude from the Competition entrants who use prohibited tools or otherwise gain advantages through manipulation (in particular, collective or repeated entries if such are not expressly allowed by HolidayPirates). This is the case when, for example, automatic scripts, hacking tools, trojans or viruses are used or when an entrant gains an advantage through other prohibited means. Also providing false personal details and using fake profiles may result in the exclusion from the Competition. As the case may be, prizes may be denied ex post and/or be claimed back.

5. Early cancellation or discontinuation of the Competition

HolidayPirates is entitled to discontinue the Competition ahead of schedule, or suspend or modify the Competition in the event of unforeseen circumstances beyond the organiser's control that render the carrying out of the Competition according to original plans difficult or unreasonable for HolidayPirates. This includes in particular, but without limitation, unauthorised intervention of third parties, technical problems with hard- or software that are beyond the organiser's control as well as violations of law which are directly connected with the carrying out of the Competition, including, in particular, tampering with the competition process.

6. Transfer of rights

The participant transfers to HolidayPirates for non-exclusive use for its business purposes all usage rights, ancillary copyrights and other rights already created or to be created by, or acquired or to be acquired from the entrant to photographs and/or photographic works that are provided to HolidayPirates as part of his participation in a competition. The rights are transferred to HolidayPirates without limitations in terms of content, time and geography.

7. Processing of data in connection with the Competition

Details of the data processed in the context of the competition and the participants’ rights in this respect can be found in our data protection policy, which is available further down.

8. Final provisions

By participating in the competition the user waives his/her rights to any legal action relating to the competition or prize claimed.

Privacy policy for prize competition

The protection of your personal data in compliance with data protection laws is extremely important to us. Below, you will find specific information about which type of personal data is processed for which purposes and on which legal basis.

1. Who is responsible for data processing?

HolidayPirates GmbH, Wallstraße 59, 10179 Berlin, Germany, is the data controller. The Data Protection Officer of HolidayPirates GmbH is Roman Maczkowsky. He can be contacted via [email protected]

2. Which categories of personal data are being processed?

We process the contact data (email addresses) provided by contest participants as well as the protocol data acquired by our IT systems. Furthermore, we process the following types of contact data provided by the winner of the competition: first name, last name, and email address.

3. Where does the data come from?

The data is provided by the participants of the competition themselves.

4. For which purposes is my data being processed? What is the legal basis?

a. Art 6 para 1 b) GDPR

We process personal data required to fulfil the contractual obligations of the competition.

Data is processed for the provision of contractually guaranteed services such as giving the prize to the winner of the competition.

The legal basis is Art. 6 para. 1 b) GDPR. In order to execute and fulfill the competition contract, we will process the data that you provide us upon formation of the contract or in the course of the contractual relationship. In particular, this includes your personal data and contact information (first name, last name, date of birth, address, email address).

b. Art. 6 para 1 a) GDPR

If you have given us your consent to process your data, we will do so for the purposes listed in the consent form. You may revoke your consent at any time.

c. Art. 6 para 1 f) GDPR

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

5. Will data be transferred?

Employees within our group of companies will be granted access to your data if they need it to fulfill the contractual or legal obligations. Moreover, the following service providers may also access your data for the purposes listed below:

Braze Inc.

  • Address & place of jurisdiction: Braze Inc., 318 West 39th Street, New York, NY 10018
  • GDPR Compliance: https://www.braze.com/docs/help/gdpr_compliance/
  • Purpose: Fulfil campaign obligations created by HolidayPirates GmbH, advertise the contest, show sign up screen in app, collect email address & save information to draw winner, send push notifications during the contest and after the end of the contest
  • Use of Data: Analysis of user behaviour in the app to send personalised contest notifications, email address, basic non-identifiable information from the device (country, language, time zone, operating system, App version and device ID).

In order to find out more about data and tracking in the app please see our data protection policy.

Adjust GmbH (Apps)

  • Address: adjust GmbH, Saarbrücker Str. 37A, 10405 Berlin, Germany
  • GDPR Compliance: https://www.adjust.com/gdpr/
  • Purpose:
    • Analyze the contest performance and identify mobile application behaviour to take targeted marketing decisions and efficiently execute and optimise mobile campaigns for social networks and other websites
  • All pseudonymised data:
    • Pseudonymous cookie ID, ad ID and device ID used by a particular person, events in the mobile app related to the use of the mobile app by a specific user (in particular login and successful completion of the transaction), but no payment and financial data
    • Content of the advertisement to be delivered to a particular user and, as appropriate, classified advertising group to which that person belongs

We collect information on your activity in our app, including service-related, diagnostic, and performance information. This includes information about your activity (for instance how you use our services, your service settings, how you interact with others using our services, and the time, frequency, and duration of your activities and interactions), log files, and diagnostics, crash, website, and performance logs and reports. If you did not disable tracking in the App (in "Usage And Log Information"), some pseudonymous data will be sent to Adjust GmbH, Facebook Inc. and Google Ireland Limited. Data processing according to Art. 6. (1) f GDPR is justified by our economic interest in optimizing existing products and services as well as providing technical functionality.

For details please see our Data Protection Regulation.

6. What are my rights?

In accordance with the GDPR, 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 your personal data being processed at any time. We will then no longer process your personal data for direct marketing purposes or related profiling.

After your objection we will not process your personal data for any other purposes, either - unless we are able to demonstrate that there are reasons to do so that clearly outweigh your interests, rights and freedoms, or unless processing 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 these cases, you are required to explain the reasons for your objection.

7. Do I have the right to complain?

Yes, you may address your complaint either to us or the relevant data protection authority.

Transparency is very important to us. Please do not hesitate to contact us if you have any further questions.

8. For how long will my data be stored?

We process and store your personal data for the period of the existing contract. We regularly delete data that is no longer required for contractual or legal purposes. However, we need to take into account legal retention periods (in particular § 257 HGB and § 147 AO), which can be up to 10 years.

When data is stored for the purpose of ensuring enforcement of legal claims, the limitation periods can be up to 30 years, but 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 revoke your consent or until usage is no longer permitted by law.

9. Do I have to give you my data?

In the course of the contractual relationship of the competition, you are required to provide your personal data that is either necessary for the execution and fulfillment of the contract or legally required in this context. Failure to make this data available would result in failure to conclude the contract with you.

Participation terms and conditions and Data Protection Policy