Contest privacy

Privacy notice for the “Sunset with Petar Dragojević” Prize Contest.

Preamble

With the aim of protecting personal data in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, dated April 27, 2016, on the protection of individuals in connection with the processing of personal data and on the free movement of such data and on the repeal of the Directive 95/46/EC (further: General Data Protection Regulation);  LUKAS ŠPORT d.o.o., a limited liability company with registered seat in Gajeva 25, Kaštel Stari, Croatia, PIN nr. 53997482697 hereinafter referred to as "LUKAS ŠPORT" or "Data Controller") as data controller adopts and publishes this Privacy notice for the “Sunset with Petar Dragojević” promotion (hereinafter referred to as: Promotion).

LUKAS ŠPORT represents a company that without exception, timely and completely implements legal regulations in all areas of business, especially in those directly related to the interests and satisfaction of clients.

In general, the activity of the Data Controller is not focused on personal data, nor does it involve extensive processing of personal data of natural persons. The personal data that the Data Controller will encounter and process in this Promotion is collected with consent, and for the purpose of organising and conducting a promotional game (hereinafter referred to as the "Game"). 

Purpose of the document

The protection of the rights and freedoms of individuals with regard to the processing of personal data requires the introduction of a Privacy notice, which aims to familiarize respondents with the manner in which their personal data will be processed by the company Controller, as well as what their rights are and how they are exercised. Due to the fact that the organization and implementation of the Prize Contest is a new and special activity that the Data Controller implements on the market, he adopts this special Privacy notice for the same.

Therefore, this Privacy notice ensures transparency regarding the functions and processing of personal data and enables the respondent to become familiar with the rights related to data processing in the scope of the Prize Contest.

The value of personal data and responsibility for its protection

Personal data is any data relating to an individual whose identity has been determined or can be determined ("the data subject"); an identifiable individual is a person who can be identified directly or indirectly, in particular with the help of identifiers such as name, identification number, location data, online identifier or with the help of one or more factors inherent to physical, physiological, genetic, mental , economic, cultural or social identity of that individual.

Personal data that the Data Controller collects and processes during the Prize Contest constitutes a business secret. The Data Controller implements technical and organizational security measures that ensure the confidentiality of all personal data for the duration and which also includes the prevention of unauthorized access to personal data and the equipment used in data processing or their unauthorized use.

All user data is strictly kept and is available only to employees who need this data to perform their work. All employees of the Data Controller are responsible for respecting the principles of privacy protection.

Personal data must be handled with special care, and they may be used exclusively in accordance with the reason for which they were collected.

For Game purposes we collect only those personal data that have been submitted to us with consent or for which there is another legal basis for processing. 

1. The data controller

As stated in the Preambule the Data Controller is company  LUKAS ŠPORT d.o.o., a limited liability company with registered seat in Gajeva 25, Kaštel Stari, Croatia, PIN nr. 53997482697.

Identity and purposes of processing, data processors

LUKAS ŠPORT, as the data controller, processes the personal data of the participants participating in the “Sunset with Petar Dragojević Prize Contest necessary for the operation of the Prize Contest. Certain tasks related to the implementation of the Contest are carried out by the company LUKAS ŠPORT d.o.o., a limited liability company with registered seat in Gajeva 25, Kaštel Stari, Croatia, PIN nr. 53997482697 hereinafter referred to as the "Operator" or "Processor"), which is appointed by the Data Controller. Such tasks include, for example: contacting Winning Participant(s)via Instagram and delivering the Prize to the Winning Paticipant.

The purpose of the data processing is also to publish the Instagram profile address of the Winning Participant(s) on the Instagram page of the Organiser in the event of being elected as winner of the contest, based on the consent of the Winning Participant(s).

2. Legal basis of the data processing

The legal basis for the processing of the data pursuant to Article 6(1)(b) of the General Data Protection Regulation is that the processing is necessary for the performance of a contract (the Prize Contest) to which the Participant is a party, including the contact and communication with the Participant and the delivery/posting of Prizes.

After the termination (performance) of the contract (Prize Contest), the legal basis for data processing is as follows:

• the personal data of the Winning Participantr and of the Reserve Wiining Participant ("Winning Participant") will be processed by LUKAS ŠPORT for the time necessary to fulfil the legal obligation applicable to them as indicated in Section 5.2 of this notice, pursuant to Article 6(1)(c) of the GDPR;

• The publication of the Winning Player as a winner pursuant to Article 6(1)(a) of the GDPR is based on the Winning Player's consent .

3. Scope of the data processed

LUKAS ŠPORT  processes the following data of Winning Participants and Non-Winning Participants  in connection with the Prize Contest:

3.1 Non Winning Participants

1. Instagram profile;
2. Instagram profile address.

3.2 Winning Participants

1. Instagram profile and Instagram profile address;
2. full name (first and last name);
3. address;
4. phone number;
5. e-mail address.

Depending on the circumstances and accounting tax requirements, an invoice can be issued in connection with the transfer and delivery of the prize For this purpose, LUKAS ŠPORT can additionally process the following data of the Winning Participant:

1. full name (first and last name);
2. address;
3. Personal identification number (OIB in Croatian)

4. Retention period

Personal data of Non-Winning Participants

The personal data of Non-Winning Participants will be deleted by LUKAS ŠPORT immediately, but no later than within 30 days after the end/completion of the Prize Contest.

• Winning Participants' personal data

In the case of consent-based processing, we will process the data of Winning Participants until consent is withdrawn.

The data of the invoice and of the voucher pursuant to the tax regulation must be retained by LUKAS ŠPORT until the end of the eleventh year following the payment of the tax on the prizes delivered to the Winning Participants.

5. Persons entitled to access the data

The personal data may be accessed by persons involved in the operation of the Game within the organisation of Lukas Šport, and any additional data processors.

6. Data transfers to third countries and automated decision-making

Players' personal data will not be transferred to data controllers or processors in third countries.

LUKAS ŠPORT does not carry out automated decision-making, including profiling, with the personal data of the Players.

7. Rights and remedies in relation to data processing

Rights and remedies of the data subjects

The rights of data subjects and their remedies are set out in detail in the relevant provisions of the GDPR (in particular Articles 15, 16, 17, 18, 19, 20, 21, 22, 77, 78, 79, 80 and 82 of the GDPR). The following summary sets out the most important provisions and LUKAS ŠPORT provides information to data subjects on their rights and remedies in relation to data processing accordingly.

You can exercise your rights free of charge, electronically, by contacting the email address: office@lukassport.com.

Right of access of the data subject

The data subject is entitled to receive feedback from LUKAS ŠPORT on whether his or her personal data is being processed. If such processing is ongoing, the data subject is entitled to access to the personal data and the following information:

1. a) the purposes of the processing;
2. b) the categories of personal data concerned;

(c) the recipients or categories of recipients to whom the personal data have been or will be disclosed by LUKAS ŠPORT, including in particular recipients in third countries or international organisations;

(d) where applicable, the envisaged duration of the storage of the personal data or, where this is not possible, the criteria for determining that duration;

(e) the right of the data subject to request LUKAS ŠPORT to rectify, erase or restrict the processing of personal data concerning him or her and to object to the processing of such personal data;

(f) the right to lodge a complaint with a supervisory authority; and

(g) where the data have not been collected from the data subject, any available information on their source.

• LUKAS ŠPORT will provide the data subject with a copy of the personal data processed. For additional copies requested by the data subject, LUKAS ŠPORT may charge a reasonable fee based on administrative costs. If the data subject has made the request by electronic means, the information shall be provided in a commonly used electronic format, unless the data subject requests otherwise.

• The right to rectification
  • The data subject shall have the right to have inaccurate personal data concerning him or her corrected by LUKAS ŠPORT at his/her request without undue delay. The data subject shall also have the right to request that incomplete personal data be completed, inter alia, by means of a supplementary declaration.
• Right to erasure ("right to be forgotten")
  • The data subject shall have the right to request from LUKAS ŠPORT, upon his or her request, the erasure of personal data relating to him or her without undue delay if one of the following grounds applies:

1. a) the personal data are no longer necessary for the purposes for which they were collected or otherwise processed by LUKAS ŠPORT;

(b) the data subject withdraws the consent on which the processing is based and there is no other legal basis for the processing;

1. c) the data subject objects to the processing and there are no overriding legitimate grounds for the processing;
2. d) the personal data have been unlawfully processed;

(e) the personal data must be erased in order to comply with a legal obligation under Union or Member State law applicable to LUKAS ŠPORT; or

1. f) the personal data were collected in relation to the offer of information society services.

• If LUKAS ŠPORT has disclosed the personal data and is required to delete it as described above, it will take reasonable steps, including technical measures, taking into account the available technology and the cost of implementation, to inform the data controllers that have processed the data that the data subject has requested the deletion of the links to or copies or replicas of the personal data in question.
• Paragraphs 8.4.1 and 8.4.2 do not apply where the processing is necessary, inter alia:

1. a) for the exercise of the right to freedom of expression and information;

(b) for the purposes of complying with an obligation under Union or Member State law that requires the processing of personal data applicable to LUKAS ŠPORT;

(c) for archiving purposes in the public interest, scientific and historical research purposes or statistical purposes, where the right referred to in paragraph 8.4.1 would be likely to render such processing impossible or seriously impair it; or

(d) for the establishment, exercise or defence of legal claims.

• Right to restriction of processing
  • The data subject shall have the right to obtain, at his or her request, the restriction of processing by LUKAS ŠPORT if one of the following conditions is met:

(a) the data subject contests the accuracy of the personal data; in which case the restriction applies for the period of time that allows LUKAS ŠPORT to verify the accuracy of the personal data;

(b) the processing is unlawful and the data subject opposes the erasure of the data and requests instead the restriction of their use;

1. c) LUKAS ŠPORT no longer needs the personal data for the purposes of processing, but the data subject requires them for the establishment, exercise or defence of legal claims; or

(d) the data subject has objected to the processing; in this case, the restriction shall apply for the period until it is established whether LUKAS ŠPORT legitimate grounds prevail over the data subject's legitimate grounds.

• Where processing is restricted pursuant to paragraph 8.5.1, such personal data may be processed, except for storage, only with the consent of the data subject or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for important public interests of the Union or of a Member State.
• LUKAS ŠPORT will inform in advance the data subject at whose request the restriction of processing has been lifted on the basis of the above.

• Notification obligation regarding rectification or erasure of personal data or restriction of processing
  • LUKAS ŠPORT will inform all recipients of any rectification, erasure or restriction of processing to whom or with which it has disclosed the personal data, unless this proves impossible or involves a disproportionate effort. Upon request, LUKAS ŠPORT will inform the data subject of these recipients.
• The right to object
  • The data subject has the right to object at any time, on grounds relating to his or her particular situation, to the processing of his or her personal data on the basis of legitimate interest. In such a case, the personal data will no longer be processed by LUKAS ŠPORT, unless LUKAS ŠPORT can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
  • Where personal data are processed for scientific or historical research purposes or statistical purposes, the data subject shall have the right to object, on grounds relating to his or her particular situation, to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
• Right to withdraw consent

Any Participant has the right to withdraw his or her consent to the processing of his or her personal data at any time, provided that the processing of his or her personal data is based on his or her consent. It is important to note that the withdrawal of consent does not affect the lawfulness of the processing carried out prior to the withdrawal of consent.

• Right to data portability

Where the processing the Participant data is either based on his or her consent, or is necessary for the performance of a contract, any Participant may have the right to receive his or her personal data to which LUKAS ŠPORT has access, in a structured, commonly used and machine-readable format and he or she has the right to transmit those data to another data controller.

• Right to lodge a complaint with a supervisory authority
  • The data subject has the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement, if the data subject considers that the processing of personal data relating to him or her infringes the provisions of the GDPR. In Croatia, the competent supervisory authority is the CROATIAN PERSONAL DATA PROTECTION AGENCY (website: https://azop.hr/contact/; postal address: Selska cesta 136, HR – 10 000 Zagreb; telephone: 00385 (0)1 4609-000 e-mail:azop@azop.hr).
• Right to an effective judicial remedy against the supervisory authority
  • The data subject has the right to an effective judicial remedy against a legally binding decision of the supervisory authority concerning him or her.
  • The data subject has the right to an effective judicial remedy if the competent supervisory authority does not deal with the complaint or does not inform the data subject within three months of the procedural developments concerning the complaint or the outcome of the complaint.
  • Proceedings against the supervisory authority shall be brought before the courts of the Member State in which the supervisory authority is established.
• The right to an effective judicial remedy against LUKAS ŠPORT or the data processor
  • Without prejudice to the administrative or non-judicial remedies available, including the right to lodge a complaint with a supervisory authority, the data subject has the right to an effective judicial remedy if he or she considers that his or her rights under the GDPR have been infringed as a result of the processing of his or her personal data in a way that does not comply with the provisions of the GDPR.
  • Proceedings against LUKAS ŠPORT or the processor must be brought before the courts of the Member State in which LUKAS ŠPORT or the data processor is established. Such proceedings may also be brought before the courts of the Member State of habitual residence of the data subject.

9. Incident management

In the event of a violation of the security of your personal data that could cause you significant damage, the Data Controller will notify you of the same without delay, and will take all necessary measures to eliminate the damage, and limit or mitigate the harmful consequences caused by the violation of the security of your personal data.

10. Transparency

10.1. If we decide to change this privacy policy, we will post the changes on this page so that you can see them continuously.