This notice summarizes the basic principles of processing personal data by OutdoorKWAK in relation to personal data of persons participating in competitions (co-)organized by OutdoorKWAK (hereinafter also referred to as "competitions").
Please find below how our company will process your data, in particular with regard to the Regulation.
Overview of the (types of) data processed and their sources
In this section, you will learn what types of personal data we will process about you. Personal data means any information about an identified or identifiable natural person (also called "data subject"); an identifiable natural person is a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, a network identifier or to one or more specific elements of the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. We will usually obtain the personal data we process about you directly from you or as part of the storage of data within our website.
The personal data of competition entrants that OutdoorKWAK will process includes data provided by entrants, typically:
- name and surname
- date of birth
- telephone number
- e-mail, if applicable
- entries to the competition
- data collected in telephone calls
- email communications with participants
In connection with communications with a participant, OutdoorKWAK may store, in addition to the content of such communications, the following
- the time of the communication with the participant
- IP address
- telephone number
- a summary of the number of logins; and
- a summary of winnings
For e-mail communications, the e-mail client interface also stores the normal data associated with such a message sent together with it.
For persons identified in subscriber contributions, their data is usually processed
- photographs (e.g. in competition entries)
Registration for competitions is usually done via a web interface, a post within a social network which is considered as an entry to the competition, or by email. The source of the processed data of the participants is the participants themselves (i.e. the data provided by them), some data is also collected independently by OutdoorKWAK by monitoring the activities of the participants within the competition (e.g. checking the registration) or in the context of communication with the participants (emails, phone calls). The data for the persons identified in the entries of the participants are the participants of the competition.
Purposes of processing
In this section we provide an overview of the purposes for which we will use (process) your personal data. Typically, each piece of data is used for more than one purpose at the same time. The means of processing, the duration of processing, etc., are then determined by the stated purposes. In certain cases set out in Regulation (EU) No 2016/679, we may process your data for purposes other than those set out below, but these are exceptional and limited cases, which the Regulation makes subject to other conditions.
The primary purpose of processing a subscriber's personal data is
- organising competitions
In this context, the data will also be used
- for the registration and proper performance of OutdoorKWAK's contractual relationships to control voting abuse in the competition or
- preventing repeat voting
- for statistical purposes
- further development of OutdoorKWAK services related to competitions to recover debts; and
- to protect the rights of OutdoorKWAK and third parties (e.g. other contractual partners) in particular against illegal activities. Data (in particular, data obtained from communication with the participant, such as IP address and time of communication) will also be used for the purpose of IT security of OutdoorKWAK. The basic identification data of the participants and, where applicable, data about their participation in the competition will be used for the purposes of
- direct marketing
i.e. for sending offers for other OutdoorKWAK competitions or offers to supply OutdoorKWAK products (usually magazines or subscriptions to them) in which the competition was published or which were won in the competition by e-mail, telephone or post or, if the participants agree, other marketing offers.
In addition, entrant's personal information will be used by OutdoorKWAK for the following purposes
- fulfilling its legal obligations
- in particular under accounting and tax regulations and data protection regulations.
The winners of the competition, as well as the participants of the competition, if this is implied by the nature of the competition (e.g. all participants will submit photographs for the competition), may be reasonably
- reported in the media or as part of the promotion of OutdoorKWAK
The same applies to persons identified in entrants' entries, given that these entries are usually published (depending on the nature of the competition in question).
Legal basis for processing
Any processing of personal data must be lawful - it must be based on one of the legal bases for processing listed in the Regulation. As with the purpose, any data may be processed on more than one legal basis for processing. If all the legal grounds fall away, then we will stop processing your data. The possible legal grounds for processing are listed in Article 6 of the Regulation. Please note that if we process your personal data on the basis of your consent, you have the possibility to withdraw this consent at any time (for withdrawal, please use the interface of the service you are using or contact us at the contacts below). Withdrawal of consent does not affect the lawfulness of processing based on consent given prior to its withdrawal.
The legal basis for the processing of personal data of participants is
- the necessity to perform the contract for participation in the competition i.e. to ensure the participant's participation in the competition
- the legitimate interests of OutdoorKWAK
determined in particular by the interest in recording contractual relations and the interest in protecting its rights against unlawful activity, including IT security, processing for statistical purposes, further development of OutdoorKWAK services, publication of data in the context of competition reporting and promotion and the interest in direct marketing
- and legitimate interests of third parties
in particular other contractual partners involved in the preparation of the relevant competition
- compliance with legal requirements
in particular the prevention of tortious activity, compliance with the requirements under the data protection regulations (in particular Act No. 110/2019 Coll. and the Regulation), bookkeeping, compliance with obligations under tax regulations).
If the participant consents to the sending of commercial communications beyond the offer of participation in further competitions, the legal basis for the processing of his/her personal data will be
Please note that consent may be withdrawn at any time. However, the lawfulness of the processing until the consent is withdrawn is not affected. In the case of persons identified in entrants' entries, the legal basis for processing is the legitimate interest of OutdoorKWAK.
Right to object
The right to object is an important right for you. It allows you to have processing carried out on the basis of our so-called legitimate interest reviewed if your particular situation justifies it - i.e. if the processing itself is permissible but there are specific reasons on your side why you still do not want the processing to take place. However, the possibility to object does not apply to all cases of processing, e.g. it cannot be used if we process your data necessary for the performance of a contract or if we are required to process it by law. The right to object is enshrined in Article 21 of the Regulation.
If the legal basis for processing the participant's personal data is a legitimate interest of OutdoorKWAK (this is in particular the processing of data for IT security purposes, for statistical purposes and further development of OutdoorKWAK services and the protection of the rights of OutdoorKWAK and third parties, direct marketing or disclosure of news about the competition and the processing of personal data of persons identified in the entries of participants), the person concerned has the right to object to such processing of personal data at any time for reasons relating to his or her particular situation. In such case, OutdoorKWAK will not further process such personal data unless there are compelling legitimate grounds for the processing which override the interests of the person concerned or his/her rights and freedoms, or unless the processing is for the establishment, exercise or defence of legal claims. The data subject may object to the processing by using the contact details below or preferably by e-mail to email@example.com. In the email, please indicate the specific situation that leads you to conclude that OutdoorKWAK should not process the data.
In the case of data processing for direct marketing purposes (sending marketing messages based on OutdoorKWAK's legitimate interest), it is always possible to object without further notice, in which case the subscriber does not need to give any reasons why they do not wish to continue receiving marketing messages. In these cases, the best way for the subscriber to object is to opt-out of further communications by clicking on the link that will usually be included in the message for this purpose, or they can object at any time by sending an email to firstname.lastname@example.org. When contacted by telephone, please provide this information to the operator.
Please note that even in the above cases, however, there will sometimes be parallel processing of personal data for other purposes which will justify OutdoorKWAK continuing to process such data.
The period for which the data will be processed
Our company cannot process your data for an arbitrarily long period of time, but the processing period is limited to the period when we actually need your data. We try to limit the length of this period so that it properly takes into account both your interests and ours. Sometimes it is more difficult to determine the necessary processing period, or for security reasons it is not appropriate to disclose the exact length of this period, so below we at least list some of the criteria we use to determine the length of processing of your data.
The personal data will be processed for a reasonable period of time having regard to the purpose of the processing. OutdoorKWAK will store the data usually for this period:
- if the competition is structured so that competition entries will be published, the period of publication will not normally be limited, i.e. the competition entry page will normally be accessible without time limit. However, an entrant may at any time arrange for their competition entry to be removed from the page and, unless there are compelling legitimate reasons for continuing to publish the entry, the entry will be removed from the page within a reasonable period of time. The same will apply to persons identified in entrants' entries if a request is made to delete such an entry. However, the post may continue to be stored in the underlying databases (see below),
- the participant's email and phone number and basic information about how, when and in connection with which contest it was obtained will be stored for the purpose of sending marketing communications in a separate database, which will also store the communications sent and whether or not the participant responded to them for a reasonable period of time, and will be used for sending communications until objection/ withdrawal of consent is made and then stored to protect OutdoorKWAK's rights and to demonstrate compliance with the law for a period not to exceed 4 years,
- data on non-winning entrants will be stored in the underlying databases in cases other than those referred to in a) above for a period of approximately 12 months after the end of the competition,
- data relating to winners in cases other than those referred to in point (a) will be processed for approximately 10 years from the end of the year in which the competition ended, as they form the basis for the accounting.
- if the data on participants is processed in the context of the contest coverage or broadcast records, the period of disclosure will not be limited.
For the processing of data for other purposes, OutdoorKWAK bases the processing period on the following considerations:
- the length of the limitation period
- the likelihood of legal claims
- common market practices
- the likelihood and significance of the risks involved
- any recommendations of supervisory authorities
how the processing will be carried out and its consequences
Nowadays most processing is computerised, so we will usually process your data on a computer system.
OutdoorKWAK will process personal data mainly in its own computer systems and in the computer systems of processors. OutdoorKWAK will process correspondence in its filing system. The provision of the processed data by the participant is voluntary (however, without providing certain data, participation in the competition will not be possible and in some cases certain data are subsequently required by law, in particular accounting regulations). The name and surname (and, where applicable, the municipality of residence) of the winners are usually published in the relevant media.
Transfer of personal data to other persons (recipients of personal data)
Not all processing of personal data is carried out by our company itself. We sometimes hire third parties, so-called data processors, to process personal data. We try to select only those data processors who are sufficiently trustworthy.
The services of the company are used for receiving and recording SMS
- Advanced Telecom Services, s.r.o., Garden Eleven, Kubánské nám. 11, 100 00 Praha 10, Vršovice, ID No.: 27635007
which, however, partly functions as an independent personal data controller. For entries that the rules of the competition imply will be published, they will be published in the relevant media and, where appropriate, in connection with informing about the competition or promoting competitions organized by OutdoorKWAK. OutdoorKWAK may otherwise disclose personal data to third parties only if required or permitted by law or with the consent of the participant. OutdoorKWAK discloses personal data only to the usual extent to processors or other recipients:
- Outside service providers (typically programming or other technical support services, computer system providers, server services, email distribution and archiving service providers) operators of (back-up)
- servers or operators of technologies used by OutdoorKWAK who process them to ensure the functionality of the relevant services.
In addition, personal data may be disclosed to the extent necessary
- to legal, economic and tax advisors and auditors
who process it for the purpose of providing consultancy services. Upon request or in the event of suspected infringement, personal data may also be transferred
- to public authorities
If the competition is co-organised with another person as
the personal data of the winners and, if justified, the participants will also be provided to this other person for the purpose of contacting them (in connection with the competition or its newsletters) and handing over the prize. Participants' data will only be disclosed to such co-organiser if this is stated in the competition rules, if the participant consents to such disclosure or if it is necessary to protect the rights of OutdoorKWAK, the co-organiser or third parties.
For the delivery of the prize, the necessary delivery details will also be forwarded to
- the delivery company (e.g. Czech Post)
which will usually process it further as an independent data controller.