PRIVACY POLICY

Last Call photos

August 2022 | Frankfurt

Controller: INNOCEAN Worldwide Europe

In the context of our voluntary Last Call event, we process your personal data. As we attach great importance to data protection and the security of your data, we would like to inform you in a transparent manner in accordance with Art. 13 GDPR about the processing that takes place.

1 Name and address of the controller

INNOCEAN Worldwide Europe GmbH

Hanauer Landstraße 121

D-60314 Frankfurt am Main

Email: info@innocean.eu

Tel.: +49 (0) 69 / 941759 100

Website: www.innocean.eu 

2 Name and address of the data protection officer

Mr. Jens Engelhardt

c/o NOTOS Xperts GmbH

Heidelberger Str. 6

64283 Darmstadt

E-Mail: iwe.dpo@notos-xperts.de

3 General information

When holding our Last Call event, we process your personal data (photos). The photos are to be taken using disposable cameras for the duration of the event and subsequently attached as print versions to a "Wall of Fame". The "Wall of Fame" is in a corridor, whereby the respective photo shoots will be exhibited internally and will be accessible to other employees.

The photographs are submitted to a provider (e.g. DM) for development as part of the creation of their analog print version. As part of the development process, we will get a device with digital copies of the pictures, and some might be shown at the office lobby screen.

4 Legal basis of processing

The purpose of this processing is to improve our internal networking and to promote our cooperation and open company culture. In this respect, we base the lawfulness of the processing on our legitimate interests pursuant to Art. 6 (1) lit. f GDPR. Our legitimate interests are:

  • improvement of the company-internal networking
  • improvement of employee satisfaction

We draw your attention to your right to object in accordance with section 7.7.

5 Duration of Storage

The photographs will be displayed on the "Wall of Fame" after their analog print versions have been created, until the data subject objects to the processing. The hardware used to create the photographs (disposable camera) and the storage medium used to create them (photo film) will be destroyed after the analog print versions of the photographs have been developed.

6 Data transfers to third parties

We transfer your photographs to the provider (e.g. DM-Drogerie Markt GmbH & Co. KG) for the purpose of developing and creating the analog print versions. Your data will not be transferred to other third parties for any other purpose, nor will it be transferred to a third country. Exceptions to this are transfers to which we, as the controller, are legally obligated for reasons of criminal prosecution.

7 Your rights

If your personal data is processed, you are a data subject within the meaning of the GDPR which entitles you to perform the following rights:

7.1 Right of access

You may request confirmation from the controller as to whether personal data concerning you is being processed by us.

If there is such processing, you can request information from the controller about the following:

  • the purposes for which the personal data are processed;
  • the categories of personal data which are processed;
  • the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
  • the planned duration of the storage of the personal data concerning you or, if concrete information on this is not possible, criteria for determining the storage duration;
  • the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing; 
  • the existence of a right of appeal to a supervisory authority;
  • any available information on the origin of the data, if the personal data are not collected from the data subject;
  • the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.

You have the right to request information about whether the personal data concerning you is transferred to a third country or to an international organization. In this context, you may request to be informed about the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transfer.

7.2 Right to rectification

You have a right to rectification and/or completion vis-à-vis the controller, insofar as the processed personal data concerning you are inaccurate or incomplete. The controller shall carry out the rectification without undue delay.

7.3 Right to restriction of processing

Under the following conditions, you may request the restriction of the processing of personal data concerning you:

  • if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
  • the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data;
  • the controller no longer needs the personal data for the purposes of processing, but you need them for the assertion, exercise or defense of legal claims, or
  • if you have objected to the processing pursuant to Art. 21 (1) GDPR and it is not yet clear whether the legitimate grounds of the controller outweigh your grounds.

Where the processing of personal data concerning you has been restricted, such data may be processed, with the exception of their storage, only with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State.

If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

7.4 Right to erasure

7.4.1 Obligation to erase

You may request the controller to erase the personal data concerning you without undue delay, and the controller is obliged to erase such data without undue delay, if one of the following reasons applies:

  • The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
  • You withdraw your consent on which the processing was based pursuant to Art. 6 (1) a or Art. 9 (2) a GDPR and there is no other legal basis for the processing. 
  • You object to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) GDPR. 
  • The personal data concerning you have been processed unlawfully. 
  • The erasure of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject. 
  • The personal data concerning you was collected in relation to information society services offered pursuant to Art. 8 (1) GDPR.

7.4.2 Information to third parties

If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Article 17(1) of the GDPR, it shall take reasonable measures, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers which process the personal data that you, as the data subject, have requested that they erase all links to or copies or replications of such personal data.

7.4.3 Exceptions

The right to erasure does not exist insofar as the processing is necessary

  • to exercise the right to freedom of expression and information;
  • for compliance with a legal obligation which requires processing under Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
  • for reasons of public interest in the area of public health pursuant to Art. 9(2)(h) and (i) and Art. 9(3) GDPR;
  • for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes pursuant to Article 89(1) of the GDPR, insofar as the right referred to in Section a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing, or
  • for the assertion, exercise or defense of legal claims.

Furthermore, the right to erasure does not exist if the personal data must be stored by the responsible party due to statutory retention obligations and periods. In such a case, the personal data will be blocked instead of being erased.

7.5 Right to notification

If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.

You have the right to be informed about these recipients by the data controller.

7.6 Right to data portability

You have the right to receive the personal data concerning you that you have provided to the controller in a structured, commonly used and machine-readable and interoperable format. You also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that

  • the processing is based on consent pursuant to Art. 6 (1) a GDPR or Art. 9 (2) a GDPR or on a contract pursuant to Art. 6 (1) b GDPR and
  • the processing is carried out with the help of automated procedures.

In exercising this right, you also have the right to have the personal data concerning you transferred directly from one controller to another controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.

The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

7.7 Right to object

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data relating to you which is carried out on the basis of Article 6 (1) (e) or (f) GDPR; this also applies to profiling based on these provisions. 

The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defense of legal claims.

If the personal data concerning you is processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing; this also applies to profiling, insofar as it is related to such direct marketing.

If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes. Your objection will also result in the photos being removed from electronic media within 2 weeks, whereby making you unrecognizable (e.g. by pixelation) may be sufficient. In addition, we will no longer use the photos for the creation of print media, although print media already printed at the time of the objection may still be used up/used by the controller.

You have the possibility, in connection with the use of information society services - notwithstanding Directive 2002/58/EC - to exercise your right to object by means of automated procedures using technical specifications.

7.8 Right to withdraw from the declaration of consent under data protection law

You have the right to withdraw your declaration of consent under data protection law at any time and without giving reasons. In the event of a withdrawal, we will immediately erase your personal data and no longer process it. The withdrawal of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the withdrawal.

7.9 Automated decision in individual cases including profiling

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. This does not apply if the decision

  • is necessary for the conclusion or fulfillment of a contract between you and the responsible party,
  • is permitted by legislation of the Union or the Member States to which the controller is subject and that legislation contains appropriate measures to safeguard your rights and freedoms and your legitimate interests, or
  • is done with your express consent.

However, these decisions may not be based on special categories of personal data pursuant to Article 9(1) of the GDPR, unless Article 9(2)(a) or (g) applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests.

With regard to the cases referred to in (1) and (3), the controller shall take reasonable steps to safeguard the rights and freedoms of, and the legitimate interests of, the data subject, which shall include, at least, the right to obtain the intervention of a person on the part of the controller, to express his or her point of view and to contest the decision.

7.10 Right to lodge a complaint with the supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, workplace or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.

The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.

CONTACT

Leticia Rial
Director, Corporate Strategy & Business Planning
l.rial.ungaro@innocean.eu