Conditions of participation and data protection information for the "Photo Mosaic 2022" competition

Gira Giersiepen GmbH & Co. KG (hereinafter referred to as "Gira") is conducting the "Photo Mosaic 2022" competition on the partner.gira.com website.

The following conditions of participation apply to participation in the competition.

1. Eligibility:

All persons who are 18 years of age or older on the day of entry are eligible to enter the competition.

Multiple participation in this competition by a person using different e-mail addresses or via third parties or any other use of unauthorised aids will result in exclusion.

Gira also reserves the right to exclude participants whose entries contain insults, false facts, violations of competition, trademark or copyright law or violate other legal regulations and/or the rights of third parties.

2. How to participate:

The "Photo Mosaic 2022" competition will be held at partner.gira.de/photoaction.

The task is to add a picture to the photo mosaic via the website, provide a valid e-mail address, as well as consent to the use of the uploaded picture and accept the upload conditions.

The competition begins on 02.10.2022 at partner.gira.de/photo-campaign. The deadline for entries is 07.10.2022, at 17:00 (CET = Central European Time).

3. Winner selection:

The prizes will be drawn among all participants.

The winners will be informed of the prize via the e-mail address provided.

The respective winners will then be requested to send Gira their address data and name so that the prize can be delivered.

4. Prize:

The following prizes will be raffled:

Gira goodie bag

The winner must contact Gira within two weeks (14 days) of being notified of the prize, otherwise the prize will not be awarded.

5. General conditions of participation:

By participating, participants accept

• the present conditions of participation,
• the decisions of Gira, which are unreservedly binding with regard to the "Photo Mosaic 2022" competition.

Gira accepts no responsibility for

• lost, delayed, incorrectly delivered, damaged, defaced or illegible information during participation,
• omissions, interruptions, deletions, defects, errors and delays in the transmission of data,
• malfunctions of any kind, in particular technical, network-related, electronic, computer/Internet-related, hardware and software-related, faulty transmission of information based on technical problems, for example due to network (Internet) overload.

Gira reserves the right to exclude participants who violate the conditions of participation. Gira also reserves the right to terminate, interrupt or change the competition or the conditions of participation at its reasonable discretion and without prior notice if such a step is necessary due to the circumstances. Participants shall not be liable for damages in such cases. In the event of premature termination, the winners will be selected at random from the previous entries.

6. Miscellaneous:

Legal recourse is excluded with regard to the drawing and determination of the winners.

The competition is governed exclusively by German law. This choice of law does not affect the application to consumers of such regulations of the state in which the consumer has his or her habitual residence as may not be deviated from by agreement under the law of that state.

Should one or more provisions of these Terms and Conditions of Participation be or become invalid, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a valid provision that comes as close as possible to the intended purpose. The same applies to any omission in the conditions of participation.

 

B: DATA PROTECTION INFORMATION

 

1) Person responsible:

Gira Giersiepen GmbH & Co. KG

Dahlienstr. 12

42477 Radevormwald

Telephone number: 02195-6020

E-mail address: info@gira.de

2) Data protection officer:

Dr. Gregor Scheja (Scheja und Partner Rechtsanwälte mbB)

Adenauerallee 136

D-53113 Bonn

Phone : +49 (0) 228-227 226-0

Fax: +49 (0) 228-227 226-26

E-Mail: info@scheja-partner.de

SSL-encrypted contact form: https://www.scheja-partner.de/kontakt/kontakt.html

Website: https://www.scheja-partner.de/

3) Personal data

Gira observes the relevant data protection regulations when processing personal data. Personal data is 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 one or more special characteristics.

In the context of the competition, we process the following categories of data:

First and last name, e-mail address

4) Purposes and legal bases of data processing:

We process your personal data for the following purposes and on the following legal bases:

1. a) Processing for the establishment, performance and termination of a contract (Art. 6 para. 1 lit. b DSGVO).

Personal data is processed in order to conclude a contract with you on participation in the competition, to fulfill such a contract already concluded or to terminate such a contract. This also includes, for example, data processing that is necessary for the preparation and implementation of the competition (e.g. registration, prize draw and prize dispatch). Participation in the competition is voluntary. There is no legal or contractual obligation on your part to provide personal data, nor is this data required for the conclusion of a contract. However, if you do not provide this data, you will not be able to participate in the competition.

1. b) Fulfilment of a legal obligation (Art. 6 para. 1 c) DSGVO)

We are subject to various legal requirements which may result in an obligation to process personal data: in particular under commercial, company, competition and tax laws, data protection laws and other general legal obligations for which we process personal data.

5) Recipients of your personal data

Your personal data will be transmitted to or processed by the following recipients:

• Employees of our company have access to your personal data to the extent necessary to fulfil the above-mentioned purposes.
• We use service providers who support us in data processing within the framework of order processing (service providers for the following services: IT operation, archiving, advertising and marketing, operation of online services). These service providers are subject to strict contractual agreements, including confidentiality.
• In addition, recipients outside our company who do not work for us in the context of order processing also process your personal data to the extent necessary:

  • Telecommunication service providers, e.g. to make calls, send SMS, etc...;

  • Tax advisors/auditors, to guarantee and check the accounting of the legal requirements (e.g. tax law requirements

  • Lawyers, to represent and enforce our legal interests.

These recipients are also obliged to maintain confidentiality due to legal or professional obligations or contractual agreements.

• In individual cases, we are legally obliged to transmit personal data to authorities (e.g. requests for information from investigating authorities) or natural/legal persons (e.g. to assert claims under copyright law).

6) Data processing in third countries:

In principle, we only process your personal data in Germany and in the European Union.

Personal data is only processed outside the European Union (so-called third countries) if an "adequacy decision" of the European Commission (Art. 45 DSGVO) exists for this third country, "appropriate safeguards" (Art. 46 DSGVO) or "internal data protection rules" (Art. 47 DSGVO) are in place at the recipient. General information on adequacy decisions can be found at https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_de on available suitable safeguards at https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_de and on internal data protection rules at https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/binding-corporate-rules_de

For further information, you can contact the data controller.

In addition, your personal data will be processed in third countries insofar as it is necessary for the fulfillment of the contract for participation in the competition, you have consented or there is a legal obligation.

7) Duration of storage:

Your personal data will be deleted no later than three months after the competition has been completed unless there is a statutory retention period.

8) Rights of the data subject:

(1) You have the right to request confirmation as to whether personal data relating to you is being processed and to information about this data as well as further information and a copy of the data in accordance with Art. 15 DSGVO.

(2) In accordance with Article 16 of the GDPR, you have the right to request that personal data concerning you be completed or that inaccurate personal data concerning you be corrected.

(3) In accordance with Art. 17 of the GDPR, you have the right to demand that data concerning you be deleted without delay, or alternatively, in accordance with Art. 18 of the GDPR, to demand restriction of the processing of the data.

(4) You have the right to request that the data concerning you that you have provided to us be received in accordance with Art. 20 DSGVO and to request that it be transferred to other data controllers.

(5) If you have given us consent to process your data, you may revoke this consent at any time. The revocation of the consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation. After the revocation of consent, the participant's collected and stored data will be deleted immediately. In this case, participation in the competition is no longer possible.

(6) You can assert the above-mentioned rights by sending an e-mail to gewinnspiel@gira.de.

(7) You also have the right to lodge a complaint with the competent supervisory authority pursuant to Art. 77 DSGVO.

(8) You have the right not to be subject to a decision based solely on automated processing - including profiling - which produces legal effects concerning you or similarly significantly affects you.

(9)        Right of objection

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Art. 6 Abs. 1 lit. f DSGVO; this also applies to profiling based on these provisions.

The controller shall no longer process your personal data unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the purpose of asserting, exercising or defending legal claims.

You can assert this right by sending an email to gewinnspiel@gira.de.