Privacy Policy
This statement is based on the template developed by Professor Dr. Thomas Hoeren together with staff of the Research Center for Law of the DFN Association and available at https://www.uni-muenster.de/Jura.itm/hoeren/lehre/materialien/musterdatenschutzerklaerung.
The explanations given there remain valid without exception.
I. Name and address of the responsible party
The controller within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations is:
Mammutmarsch UG (limited liability)
Eichborndamm 167 G 55
13403 Berlin
Germany
Website: www.mammutmarsch.de
Contact person for data protection:
Nathalie Mayer
180° Datenschutz GmbH
Hansaallee 321
40459 Düsseldorf
Email: datenschutz@180-datenschutz.de
II. General information on data processing
1. Scope of processing personal data
We generally process the personal data of our users and customers only to the extent necessary for the execution of the event for which they registered, and in particular for timekeeping and the creation of a ranking list. The processing of our users' personal data regularly only occurs with the user's consent. An exception applies in cases where obtaining prior consent is not possible for practical reasons and the processing of the data is permitted by law.
2. Legal basis for the processing of personal data
Insofar as we obtain the consent of the data subject for processing operations involving personal data, Article 6(1)(a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis.
When processing personal data necessary for the performance of a contract to which the data subject is a party, Article 6(1)(b) GDPR serves as the legal basis. This also applies to processing operations necessary for carrying out pre-contractual measures.
Where the processing of personal data is necessary for compliance with a legal obligation to which our company is subject, Article 6(1)(c) GDPR serves as the legal basis.
In the event that the processing of personal data is necessary to protect the vital interests of the data subject or of another natural person, Article 6(1)(d) GDPR serves as the legal basis.
If processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, and the interests or fundamental rights and freedoms of the data subject do not override those interests, then Article 6(1)(f) GDPR serves as the legal basis for the processing.
3. Data deletion and storage period
The personal data of the data subject will be erased or blocked as soon as the purpose of storage no longer applies. Storage may also take place if this is provided for by European or national legislation in EU regulations, laws, or other provisions to which the controller is subject. Data will also be blocked or erased when a storage period prescribed by the aforementioned regulations expires, unless further storage of the data is necessary for the conclusion or performance of a contract.
III. Registration
1. Description and scope of data processing
On our website, we offer users the opportunity to register for an event by providing personal data. The data is entered into an input form, transmitted to us, and stored. The data will not be shared with third parties. The following data is collected during the registration process:
The following data will also be stored at the time of registration:
- Date and time of registration
- User's first and last name
- Date of birth, gender
- User's street, house number, postal code, city, country
- Email address
- T-shirt size
As part of the registration process, the user's consent to the processing of this data is obtained.
2. Legal basis for data processing
The legal basis for the processing of the data is Art. 6 para. 1 lit. b GDPR.
3. Purpose of data processing
By registering, you enter into a contractual relationship with the data controller. The data collected is necessary for the fulfillment of this contract.
The collection of this data may be required by law (e.g. tax regulations), may result from contractual provisions (e.g. information about the contracting party), or may be necessary for the correct execution of the contract (e.g. date of birth and gender for classification into age or starting classes).
4. Storage duration
The data will be deleted as soon as it is no longer required for the purpose for which it was collected.
This applies during the registration process for the performance of a contract or for carrying out pre-contractual measures when the data is no longer required for the performance of the contract. Even after the conclusion of the contract, it may be necessary to store the contracting party's personal data in order to comply with contractual or legal obligations.
5. Right to object and have the matter removed
As a user, you have the option to cancel your registration at any time. You can also have your stored data modified at any time.
If the data is required for the fulfillment of a contract or for the implementation of pre-contractual measures, premature deletion of the data is only possible insofar as no contractual or legal obligations preclude such deletion.
IV. Recording and publication of time data
1. Description and scope of data processing
The organizer reserves the right to record times at various points during the event and assign them to the user.
From this data set, travel times for users can then be calculated and subsequently published.
2. Legal basis for data processing
The legal basis for the processing of the data is Art. 6 para. 1 lit. b GDPR.
The legal basis for publishing the results from 3 months after the end of the event is Art. 6 para. 1 lit. b GDPR.
3. Purpose of data processing
The processing of the time data and the resulting lists serves to fulfill the contractually owed service.
The publication of the data serves the purpose of comparing participants with each other in a competition-like manner.
4. Storage duration
The data will only be deleted at the explicit request of the user.
5. Right to object and have the matter removed
The participant can request that their name be removed from the publicly accessible results list 3 months after the end of the event.
The participant can request that all time data be deleted after the regular limitation period of 3 years following the end of the event.
V. Payment processing
1. Description and scope of data processing
The customer can use the following external payment service providers to pay registration fees by selecting the respective payment system:
– Payment via PayPal
The data controller has integrated components from PayPal on this website. PayPal is an online payment service provider. Payments are processed via PayPal accounts, which are virtual private or business accounts. PayPal also allows users to make virtual payments via credit card if they do not have a PayPal account. A PayPal account is managed via an email address, so there is no traditional account number. PayPal enables users to send and receive online payments. PayPal also acts as an escrow service and offers buyer protection.
PayPal's European operating company is PayPal (Europe) S.à.rl & Cie. SCA, 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg.
If the data subject selects "PayPal" as the payment method during the ordering process in our online shop, their data will be automatically transmitted to PayPal. By selecting this payment option, the data subject consents to the transfer of personal data necessary for payment processing.
The personal data transmitted to PayPal typically includes first name, last name, address, email address, IP address, telephone number, mobile phone number, and other data necessary for payment processing. Personal data related to the specific order is also necessary for processing the purchase agreement.
The data is transmitted for the purpose of payment processing and fraud prevention. The data controller will transmit personal data to PayPal, in particular, when there is a legitimate interest in doing so. The personal data exchanged between PayPal and the data controller may be transmitted by PayPal to credit reference agencies. This transmission is for the purpose of identity and creditworthiness verification.
PayPal may share personal data with affiliated companies and service providers or subcontractors to the extent necessary to fulfill contractual obligations or to process the data on its behalf.
The data subject has the right to withdraw their consent to the processing of their personal data by PayPal at any time. Such withdrawal does not affect personal data that must be processed, used, or transmitted for the (contractual) processing of payments.
PayPal's current privacy policy can be accessed at https://www.paypal.com/de/webapps/mpp/ua/privacy-full.
2. Legal basis for data processing
The legal basis for processing the data is Article 6(1)(b) GDPR, and, where not covered by this, Article 6(1)(f) GDPR. For further personal data processed by the payment service providers, the respective privacy policy of the service provider applies.
3. Purpose of data processing
The data transfer is primarily for identity verification, payment processing, and fraud prevention. The data controller will transfer personal data to the payment service provider, in particular, when there is a legitimate interest in doing so.
For other personal data processed by payment service providers, the respective privacy policy of the service provider applies.
4. Storage duration
Information about a payment made will be deleted after the regular limitation period of 3 years following the end of the event.
For other personal data processed by payment service providers, the respective privacy policy of the service provider applies.
5. Right to object and have the matter removed
The responsible body does not store any data for which there is a right to object.
For other personal data processed by payment service providers, the respective privacy policy of the service provider applies.
VI. Rights of the data subject
If your personal data is being processed, you are a data subject within the meaning of the GDPR and you have the following rights against the controller:
1. Right to information
You can request confirmation from the data controller as to whether personal data concerning you is being processed by us.
If such processing takes place, you can request the following information from the controller:
- 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 personal data concerning you or, if specific information on this is not possible, criteria for determining the storage period;
- 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 to lodge a complaint with a supervisory authority;
- all available information about the source 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) GDPR and – at least in those cases – meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
You have the right to request information as to whether your personal data is being transferred to a third country or to an international organization. In this context, you may request to be informed of the appropriate safeguards pursuant to Article 46 GDPR relating to the transfer.
2. Right to rectification
You have the right to rectification and/or completion from the data controller if the processed personal data concerning you is inaccurate or incomplete. The data controller must carry out the rectification without undue delay.
3. Right to restriction of processing
Under the following conditions, you can request the restriction of the processing of your personal data:
- 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 the restriction of their use instead;
- the controller no longer needs the personal data for the purposes of the processing, but you require them for the establishment, exercise or defence of legal claims, or
- if you have objected to the processing pursuant to Article 21(1) GDPR and it is not yet clear whether the legitimate grounds of the controller override your grounds.
If the processing of your personal data has been restricted, this data – apart from being stored – may only be processed with your consent 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 reasons of important public interest of the Union or of a Member State.
If processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.
4. Right to erasure
a) Obligation to delete
You can request that the controller erase your personal data without undue delay, and the controller is obliged to erase such data without undue delay where one of the following grounds 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 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR, and there is no other legal basis for the processing.
- You object to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2) GDPR.
- Your personal data has been processed unlawfully.
- The erasure of 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 were collected in relation to information society services offered pursuant to Article 8(1) GDPR.
b) 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) GDPR, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you, as the data subject, have requested the erasure of all links to, or copies or replications of, that personal data.
c) Exceptions
The right to erasure does not apply 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 Article 9(2)(h) and (i) and Article 9(3) GDPR;
- for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Article 89(1) GDPR, insofar as the right referred to in point (a) is likely to render impossible or seriously impair the achievement of the objectives of that processing, or
- for the establishment, exercise or defense of legal claims.
5. Right to information
If you have asserted your right to rectification, erasure or restriction of processing against the controller, the controller is obliged to communicate this rectification or erasure of data or restriction of processing to all recipients to whom the personal data concerning you have been disclosed, unless this proves impossible or involves disproportionate effort.
They have the right to be informed about these recipients by the data controller.
6. Right to data portability
You have the right to receive the personal data concerning you, which you have provided to the controller, in a structured, commonly used and machine-readable format. Furthermore, you 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 Article 6(1)(a) GDPR or Article 9(2)(a) GDPR or on a contract pursuant to Article 6(1)(b) GDPR and
- processing is carried out using automated procedures.
In exercising this right, you also have the right to have your personal data transmitted directly from one controller to another, where technically feasible. This must not adversely affect the rights and freedoms of others.
The right to data portability does not apply to the 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. Right to object
You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of Article 6(1) of the GDPR, including profiling based on those provisions.
The controller will no longer process your personal data unless they can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the purpose of establishing, exercising or defending legal claims.
If your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for 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, your personal data will no longer be processed for these purposes.
You have the option, 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.
8. Right to withdraw consent under data protection law
You have the right to withdraw your consent to data processing at any time. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.
9. Automated decision-making 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 performance of a contract between you and the controller,
- is permitted under Union or Member State law to which the controller is subject and which contains appropriate measures to safeguard your rights and freedoms and legitimate interests or
- with your express consent.
However, these decisions must not be based on special categories of personal data pursuant to Article 9(1) GDPR, unless Article 9(2)(a) or (g) GDPR applies and appropriate measures to protect your rights and freedoms and legitimate interests have been taken.
With regard to the cases referred to in (1) and (3), the controller shall implement suitable measures to safeguard the rights and freedoms and legitimate interests of the data subject, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.
10. Right to lodge a complaint with a 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 habitual residence, your place of work or the place of the alleged infringement, if you consider that the processing of personal data relating to you infringes the GDPR.
The supervisory authority with which the complaint has been lodged shall inform the complainant of the progress and outcome of the complaint, including the possibility of a judicial remedy pursuant to Article 78 GDPR.
VII. Use of External Plugins etc.
1. Use of Google AdWords Conversion Tracking
This website uses the online advertising program "Google AdWords" and, within the framework of Google AdWords, conversion tracking. Google Conversion Tracking is an analytics service provided by Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google"). When you click on an ad placed by Google, a conversion tracking cookie is stored on your computer. These cookies expire after 30 days, do not contain any personally identifiable information, and are therefore not used for personal identification. If you visit certain pages of the Mammutmarsch website and the cookie has not yet expired, Google and Mammutmarsch can recognize that you clicked on the ad and were redirected to this page. Each Google AdWords customer receives a different cookie. Therefore, there is no way for cookies to track users across the websites of AdWords customers. The information collected using the conversion cookie is used to generate conversion statistics for AdWords customers who have opted in to conversion tracking. This allows customers to see the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. However, they do not receive any information that can personally identify users. If you do not wish to participate in tracking, you can opt out by preventing the installation of cookies through a corresponding setting in your browser software (opt-out option). You will then not be included in the conversion tracking statistics.
2. Use of Google Analytics
This website uses Google Analytics, a web analytics service provided by Google Inc. ("Google"), 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Google Analytics uses "cookies," which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website will generally be transmitted to and stored by Google on servers in the United States. However, if IP anonymization is activated on this website, your IP address will be shortened by Google beforehand within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of Mammutmarsch, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity, and providing other services relating to website activity and internet usage to Mammutmarsch. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. You can prevent the storage of cookies by adjusting your browser settings; however, Mammutmarsch points out that in this case, you may not be able to fully utilize all the functions of this website. Furthermore, you can prevent Google from collecting and processing data generated by the cookie and related to your use of the website (including your IP address) by downloading and installing the available browser plugin.
3. Using Google AdSense
The Mammutmarsch website uses Google AdSense, a service for integrating advertisements from Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Google AdSense uses so-called "cookies," text files that are stored on your computer and enable an analysis of your website usage. Google AdSense also uses so-called web beacons (invisible graphics). These web beacons allow information such as visitor traffic on these pages to be evaluated. The information generated by cookies and web beacons about your use of this website (including your IP address) and the delivery of advertising formats is transmitted to and stored on a Google server in the USA. This information may be shared by Google with its partners. However, Google will not associate your IP address with any other data stored by Google. You can prevent the installation of cookies by adjusting your browser software settings; however, Mammutmarsch points out that in this case you may not be able to fully utilize all the functions of this website. By using this website, you agree to the processing of data about you by Google in the manner and for the purposes set out above.
4. Using Twitter
The Mammutmarsch website uses features from Twitter, Inc., 1355 Market St, Suite 900, San Francisco, CA 94103, USA. When you visit our pages with Twitter plugins, a connection is established between your browser and Twitter's servers. Data is then transmitted to Twitter. If you have a Twitter account, this data can be linked to it. If you do not want this data to be associated with your Twitter account, please log out of Twitter before visiting the Mammutmarsch website. Interactions, especially clicking a "Retweet" button, are also shared with Twitter. You can find out more at https://twitter.com/privacy.
5. Use of Facebook plugins
When a social plugin is displayed, a connection is established with Facebook's servers. The plugin content is transmitted from Facebook to the user's browser and integrated into the website by the browser. I therefore have no influence on the scope of data that Facebook collects using this plugin. To our knowledge, Facebook receives information that a user has accessed the corresponding page of the website by integrating the plugin. If the user is logged into Facebook, Facebook can associate the visit with their Facebook account. If a user interacts with the plugin, e.g., by clicking the Like button or leaving a comment, the corresponding information is transmitted directly from their browser to Facebook and stored there. Even if they are not a Facebook member, it is possible that Facebook will learn and store their IP address. According to Facebook, only an anonymized IP address is stored in Germany. If a user is a Facebook member and wishes to prevent Facebook from collecting data about them via this website and linking it to their Facebook account, they must not activate the Facebook social plugin. Alternatively, they can log out of Facebook before visiting the website and delete any Facebook cookies. Furthermore, it is possible to block Facebook social plugins using browser add-ons, such as the "Facebook Blocker."
6. Server log files
The website provider automatically collects and stores information in so-called server log files, which your browser automatically transmits to me. This includes:
- Browser type/browser version
- Operating system used
- Referrer URL
- Hostname of the accessing computer
- Time of server request
This data cannot be linked to specific individuals. This data will not be combined with other data sources. Mammutmarsch reserves the right to review this data subsequently if it becomes aware of concrete indications of unlawful use.
7. Cookies
These websites sometimes use so-called cookies. Cookies do not harm your computer and do not contain viruses. Cookies are used to make the Mammutmarsch website more user-friendly, effective, and secure. Cookies are small text files that are stored on your computer and saved by your browser. Most of the cookies used by Mammutmarsch are so-called "session cookies." They are automatically deleted after your visit ends. Other cookies remain stored on your device until you delete them. These cookies allow Mammutmarsch to recognize your browser on your next visit. You can configure your browser to inform you about the use of cookies and to allow cookies only in individual cases, to block cookies in certain cases or entirely, and to automatically delete cookies when you close your browser. Disabling cookies may limit the functionality of this website.
