TERMS AND CONDITIONS
Zalando Marketing Services GmbH and Zalando SE (together, “ZALANDO” or “the Organiser”) is organising the Event BRIGHTER MORNINGS WITH ASICS the 18th of September, and is partnering with the following Brands Partners and Partners:
In consideration of the opportunity to participate in the Event, the participant reads, acknowledges and agrees to these terms and conditions outlined.
ASSUMPTION OF RISK
The participant acknowledges that participation in or attendance at the Event may involve inherent risks and dangers, including accidents, personal and bodily injury, or property loss or damage. These may result from my own actions or inactions, as well as the actions or inactions of others, the rules of participation, and the condition of the facilities and equipment. The participant understands and has considered these risks and voluntarily and freely chooses to assume them.
LIABILITY
The organizer is not liable—in particular—for property damage and financial loss caused by gross negligence; however, this limitation of liability does not apply to damage resulting from a culpable breach of a primary contractual obligation on the part of the organizer. Liability for personal injury due to simple negligence, but not gross negligence, is limited to the organizer's standard liability insurance. Neither the Organizer nor the Partners are liable—except in cases of intent—for atypical and unforeseeable consequential damages. The aforementioned limitations of liability apply equally to the personal liability of employees, representatives, vicarious agents, and third parties whom the organizer employs in connection with the execution of the event or who are contractually obligated to perform it. In addition, the participant indemnifies the aforementioned parties from any liability to third parties insofar as the participant incurs damages. This includes all claims that the participant or, if applicable, their heirs or other third parties could assert on the basis of damages suffered or in the event of death. Participation is at your own risk.
NO INSURANCE
The participant understands that ZALANDO and other parties involved in the Event do not provide insurance coverage of any kind—life, medical, liability, or otherwise—for any illness, accident, injury, loss, or damage that may occur during or in connection with my or any accompanying child’s participation in or attendance at the Event. The participant acknowledges that it is her/his/their sole responsibility to obtain any insurance coverage she/he/they deem necessary.
PERSONAL PROPERTY
The participant acknowledges and agrees that any property brought to the Event is her/his/theirsole responsibility and neither ZALANDO nor the PARTNERS will be liable for any loss of, or damage to, any Participant property that I brought to the Event or stored with the Organiser for the duration of the Event.
EXCLUSION FROM EVENT
The participant understands and acknowledges that ZALANDO can at any time refuse to allow her/him/them to take part, or cease my participation, in the Event if the participan does not comply with the Terms and Conditions or with the instructions of ZALANDO representatives at the Event. The participant understands and acknowledges that her/his/their participation in the Event cannot be transferred to anyone else and cannot be exchanged for cash.
CHANGES TO OR CANCELLATION OF THE EVENT
The participant acknowledges that ZALANDO reserves the right to change the Event date or make any other amendment to the Event that it deems necessary and reasonable. ZALANDO may cancel the Event for any valid reason such as lack of participation, challenges in the organisation, financial issues, etc and may cancel the participation of any of the PARTNERS in the Event. ZALANDO shall have no responsibility for any losses, expenses or costs incurred as a result of amendment or cancellation of the Event, including any travel or accommodation costs.
GRANTING OF RIGHTS TO CREATE AND USE OF PHOTOGRAPHS, AUDIO AND FILM RECORDINGS
In connection with the creation of photographs, audio and film recordings (“Image Material”) during the event and the depiction of participants in such Image Material, Zalando, the cooperating Partner brands and Partners adidas, Tommy Hilfiger, Nike, New Balance, GAP, Converse, Boss Kidswear, Jordan, Nike ACG, Rituals and Superchill as well as our Media Partners for this Event) of the event and their affiliated companies (hereinafter referred to as “Zalando”/“Partners” or “Partner Brands”) as well as commissioned third parties (photographers or videographers) are granted the following rights and permissions of use:
- By acceptance of these terms and conditions, the participant irrevocably agrees to the creation and free (compensated) use of their Image Material created by Zalando, a Partner or Partner brand or a commissioned third party (Zalando photographers or videographers) in connection with the event. This granting of rights and consent includes the use of the Image Material by Zalando or the Partners for a period of 5 years from the date of first publication of the material for the purposes of documentation and corporate communication, advertisements as well as for corporate publishing (including online use, e.g., website, Zalando corporate website, etc.) in all media—including social networks—in whole or in part. This also includes the use of the Image Material for advertising purposes on ZALANDO’s and the PARTNERS’ owned channels and on ZALANDO and PARTNERS paid Social Media channels for a maximum of 6 months.The right to technically alter such image material in color or form is also granted, as is the Archive Right. The participant understands that the image material by nature may be accessible worldwide via the internet.
- When using the image Material, Zalando will respect the moral rights of the participant(s) at all times.
- The participant hereby waives any right to preview or approve the final image material or images, as well as advertising texts or other accompanying material used in connection therewith. The participant is aware and acknowledges that participation in the event and the opportunity to use the services and benefits offered at the event constitute adequate consideration for the granting of the rights described above. The participant also waives any claim to payment of remuneration, royalties, or other compensation resulting from or in connection with the use of the image material.
- The participant confirms to be able and entitled to grant the aforementioned rights without limitation.
- The legal basis for the granting of rights described above is Art. 6 (1) (b) GDPR in conjunction with these General Terms and Conditions and Art. 6 (1) (f) GDPR where the processing is necessary for Zalando’s overriding legitimate interests in the above-mentioned purposes. The participant hereby confirms that they are of legal age and can act in their own name in legal transactions.
DATA PROTECTION
- By accepting these terms and conditions, the Participant agrees on the collection and processing of personal data mentioned above under Section 7 of this agreement as well as any further personal data required in order to implement and execute the event.
- Your personal information will only be used for the purposes and within the scope mentioned in Section 7 of this agreement as well as for participating in and further development of the event and for managing the user experience. Your information is saved, used and processed according to all relevant laws.
- Further information about the data processing you find in Zalando’s comprehensive privacy notice under https://www.zalando.fr/zalando-privacy-policy/ there inter alia in the chapters 1.10, 2.1 and 10.11.
- You are also informed that you have the right to access, rectify, erase and oppose regarding your personal information, by writing to Zalando SE at the following address: privacy@zalando.fr.
PRIVACY NOTICE
1. Controller and Data Protection Officer
The Zalando SE, Valeska-Gert-Straße 5, 10243 Berlin, (referred to as “Zalando” in this privacy information) is a controller in the sense of data protection law and responsible for the processing of personal data regarding the event defined above.
For further information about the processed personal data as well as data protection in general at Zalando please visit https://www.zalando.XX/zalando-privacy-policy/ or contact privacy@zalando.XX
2. Data Processing Purpose and Scope
The following personal data will be collected and processed in connection with the event for the following purposes and scopes:
2.1. Photo and/or audio/video recordings“ (“image material”)
During the event Zalando, PARTNERs and/or commissioned third parties (like Zalando photographers and videographers) will create photo and/or audio/video recordings (“image material”), i.e. personal data acc. to Art. 4 No.1 GDPR, which may be used in connection with the event by the cooperating Partner brands and Partners (NAME PBRANDS) as well as our Media Partners of the event and their affiliated companies (hereinafter referred to as “Zalando”/“Brands” and/or “PARTNERS”) for a period of 5 years from the date of first publication of the material for the purposes of documentation and corporate communication as well as for corporate publishing (including online use, e.g., website, Zalando corporate website, etc.) and advertisements in all channels and media—including social networks—in whole or in part. The right to technically alter such image material in color or form is also granted, as is the Archive Right. This includes the accessibility of the image material by nature worldwide via the internet.
The legal basis for this processing of personal data is Art. 6 (1) (b) GDPR in conjunction with the General Terms and Conditions and Art. 6 (1) (f) GDPR where the processing is necessary for Zalando’s overriding legitimate interests in the above-mentioned purposes.
2.2. Personal data for registration and entrance
In order to organise a great event Zalando needs to facilitate an effective and safe invitation management and physical access management.
In order to realise this project in the best possible way, Zalando is working with the specialised event ticket provider “BillyApp” der Smooth SAS, 70 Boulevard de Sébastopol, 75003 Paris, France, which is processing the following personal data categories in order to enable personalised access to the event and to initiate secure processing on behalf of Zalando: E-Mail-address, First and last name & Date of birth.
The legal basis for the described data processing is Art. 6 (1) 1 lit. b), Art. 6 (1) lit. f GDPR based on our legitimate interest of Security and to execute the house right for the event.
2.3. Meta-Pixel (Marketing, Analytics and Advertising Performance)
We use the "Meta-Pixel" on our event landing page, a tracking technology provided by Meta Platforms Ireland Ltd. (4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland). The Meta-Pixel helps us to measure the performance of our marketing campaigns and event registration efficiency. To do this, it collects information about users, their browsing behavior, and their devices.
Data Categories: The data collected includes Time Information (e.g., event time), Shop/Country Information, Page Information (e.g., Page Type), Browser and Device Information (e.g., Advertising ID, IP Address), Marketing Information (e.g., Ad Click ID), and Behavioral Data.
Joint Controllership: For the collection and transmission of this data, Zalando SE and Meta Platforms Ireland Ltd. act as Joint Controllers in accordance with Art. 26 GDPR. To this end, we have entered into a Controller Addendum with Meta. While you can exercise your data subject rights against both parties, Meta is primarily responsible for providing you with information about the data stored by Meta and fulfilling your rights under Arts. 15-21 GDPR regarding that data. You can contact Meta's Data Protection Officer via: https://www.facebook.com/help/contact/540977946302970.
International Data Transfer: The primary locations of data processing are Ireland (EU) and the United States. The USA does not provide an adequate level of data protection in terms of EU Regulation 2016/679; this implies that governmental agencies in the USA may have the right to access your data without effective legal remedies being available to you.
Legal Basis & Withdrawal: The legal basis for this processing and the storage of related cookies is your explicit consent pursuant to Art. 6 (1) (a) GDPR and Article 82 of the French Data Protection Act (Loi Informatique et Libertés), obtained via our cookie banner. You can withdraw your consent at any time with effect for the future by updating your choices via the "Cookie Settings" link in the footer of this landing page, or by adjusting your preferences directly with Meta via https://www.facebook.com/ads/preferences/.
3. Who receives your data
Your personal data according to Section 2.1 will be received by Zalando’s commissioned third parties (like the photographers and videographers) as well as by their event partners and affiliates as mentioned under Section 2.1.
With regards to Section 2.3, the lifetime of Meta Ads cookies is up to 90 days, after which your browser automatically deletes them. Data shared by us with Meta via the pixel will be stored by Meta for up to 2 years, and certain interaction data related to our ads on Meta platforms may be stored for up to 3 years.
Your personal data according to Section 2.2 will be collected and received by Smooth SAS, 70 Boulevard de Sébastopol, 75003 Paris, France. Your personal data collected according to Section 2.3 will be shared with Meta Platforms Ireland Ltd. and its affiliate Meta Platforms, Inc. (USA).
Apart from that, we use service providers to process personal data, e.g., to upload your data in Google Drive, save your data at a secure computer centre.
Commissioned processors are carefully selected, assist us under strict adherence to our directives and only receive access to your data to the extent required for the performance of the respective services or to which you consented for the processing and use of your data.
4. How long do we keep the data?
The internal Google Drive storage period lasts 2 month with regards to the data listed under Section 2.2 and 5 years for the data listed in 2.1. With regards to Section 2.3, the lifetime of Meta Ads cookies is up to 90 days, after which your browser automatically deletes them. Data shared by us with Meta via the pixel will be stored by Meta for up to 2 years, and certain interaction data related to our ads on Meta platforms may be stored for up to 3 years.
5. Your rights according to GDPR
Art. 13, 14 GDPR – Right to be informed, Art. 15 GDPR – Right of access to information: On request we will gladly inform you about the data stored about your person. The information is provided in text form. Contact see below, Art. 16 GDPR - the right of rectification, Art. 17 GDPR - the right of deletion, Art. 18 GDPR - the right to restrict processing, Art. 19 GDPR - notification, Art. 20 GDPR - the right to data transfer, Art. 21 GDPR – Right to object, Art. 22 GDPR - automated decisions in individual cases including profiling, Art. 23 GDPR - restrictions, Art. 77 GDPR - Right to lodge a complaint with a supervisory authority. The supervisory authority to which the complaint was submitted informs the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy. For your employer, this is the Berlin Commissioner for Data Protection and Freedom of Information. You can contact the data protection officer of Zalando SE.
