Instagram Call – #StayAtHomeWithPoltronaFrau
version of 9 February 2020
Until 26 April 2020 Poltrona Frau S.p.A. will run the #StayAtHomeWithPoltronaFrau contest (the "Contest"), whereby Instagram users can publish photos with their own Poltrona Frau® products (the "Post"). At the end of the Contest, Poltrona Frau will publish the best Posts on its official Instagram profile. Poltrona Frau thus wishes to inform you about the processing of personal data that will be needed in connection with your participation in the Contest. The Contest Rules are available at link.
- 1. DATA CONTROLLER
The Data Controller is Poltrona Frau S.p.A., tax code 05079060017, with registered office in 20821 – Meda (MB), via Busnelli 1, firstname.lastname@example.org, (“Poltrona Frau” or the “Data Controller”).
The Data Controller has appointed a Data Protection Officer (“DPO”), whose contact is: email@example.com.
- 2. CATEGORIES OF DATA PROCESSED, PURPOSES AND LEGAL BASIS OF THE PROCESSING
A) Data processed and purposes
The Data Controller will collect and process the following personal data within your Post, only if this contains the #stayathomewithpoltronafrau hashtag and the official @poltronafrauofficial Instagram profile tag: (i) name of your Instagram account; (ii) personal image (including voice), either on its own or together with the image of other people appearing in the Post; (iii) any other data or information present within the Post's caption. In this case, personal data is collected for the sole purpose of allowing you to participate in the Contest and, in case your Post is selected, to allow Potrona Frau to re-publish it on its official Instagram profile.
B) Legal basis, compulsoriness/optionality of the provision
The legal basis of the processing is based on your explicit consent to the use of the Post as part of the Contest and to the processing of the personal data contained therein, expressed through your active intention to participate in the Contest, solely by tagging the official @poltronafrauofficial Instagram profile and inserting the #stayathomewithpoltronafrau hashtag in your Post. If your Post does not contain the above-mentioned hashtag and tag together, it will not be entered in the Contest and, consequently, the personal data contained therein will not be processed.
If you have validly given your consent to the processing of your personal data, you may revoke it at any time and inform Poltrona Frau of your intention to no longer participate in the Contest, or, if your Post has already been selected and re-published, to cancel any re-sharing via the official Poltrona Frau Instagram account, by writing to firstname.lastname@example.org and specifying #StayAtHomeWithPoltronaFrau in the subject of your message.
The provision of data for this purpose is optional. Otherwise, Poltrona Frau will not be able to allow you to participate in the Contest and select your Post.
- 3. PROCESSING METHODS AND DATA RETENTION PERIOD
The data will be collected and processed in compliance with the principles of correctness, legality and transparency, by manual or automated means, always within the limits of the processing purposes described above and, in any case, in such a way as to guarantee the security and confidentiality of the data. Please pay attention to the following warnings:
- Poltrona Frau will choose the Posts containing the #stayathomewithpoltronafrau hashtag and the official @poltronafrauofficial Instagram profile tag and that meet the additional requirements of the Contest Rules;
- Poltrona Frau will only re-post your original Post (if selected), which will remain intact and always under the full control of your Instagram account (even if Poltrona Frau eliminates the re-sharing).
- It is possible for your Post to also contain the personal data of third parties (e.g. the image or user tag), which will be processed by Poltrona Frau. In such cases, you guarantee that you have obtained the prior consent of the aforementioned third parties to publish the Post containing their personal data, releasing Poltrona Frau from any responsibility and burden of verification.
Poltrona Frau will retain:
- The data in Posts that are not selected for the Contest until the conclusion of the Contest as stated in the relevant Rules (until midnight on 26 April 2020);
- The data in the Posts that are selected for the Contest for a period of 1 year from the date of re-publishing the Post on Poltrona Frau's official Instagram profile in accordance with the Contest Rules (from 3 pm on 27 April 2020).
The Data Controller may also store the data in order to comply with regulatory obligations, or to ascertain, exercise or defend a right in court for as long as necessary. In any case, Poltrona Frau undertakes to have the data processing inspired by the principles of adequacy and minimisation, periodically verifying the need to retain the data for a period of time that is not longer than the period stated above and as necessary to achieve the purposes for which the data was collected. Once the above-mentioned retention time limits have been reached, the Data Controller will take suitable measures for the definitive elimination of the re-sharing of Posts on its official Instagram account.
- 4. PARTIES AUTHORISED TO PROCESS DATA AND CATEGORIES OF DATA RECIPIENTS
The data may be processed by Poltrona Frau's employees, who have been expressly authorised and have received appropriate operating instructions in relation to the search, selection and possible re-publication and online maintenance of the Post re-sharing. Your personal data may be shared with third parties as separate Data Controllers or Data Processors specifically appointed by Poltrona Frau, all to the extent that this is strictly necessary to achieve the above purposes and in compliance with the security measures set out in the GDPR.
- 5. DATA TRANSFER TO THIRD COUNTRIES
The unselected Posts and the personal data contained therein are entirely processed in Italy and within the borders of the European Union.
- 6. DATA SUBJECT’S RIGHTS - COMPLAINT TO THE SUPERVISORY AUTHORITY
You can exercise, at any time and via e-mail to be sent to email@example.com, the following rights, under the conditions and within the limits set out in Articles 12 and 13 of the GDPR:
- Right of access (art. 15 GDPR); Right to rectification of inaccurate data and integration of incomplete data (art. 16 GDPR); Right to erasure of the Data (art. 17 GDPR); Right to restriction of processing (art. 18 GDPR); Right to object to the processing carried out pursuant to art 6, par. 1, letters (e) or (f) of the GDPR, including the right to withdraw consent at any time;
- In the event that the processing is based on consent or on contract and is carried out by automated means, it is possible to exercise the right to receive the data in a structured, commonly used and machine-readable format, and, if technically feasible, to transmit it to another data controller without hindrance in accordance with art. 20 of the GDPR.
- You also have the right to lodge a complaint with the Supervisory Authority, i.e. the Italian Data Protection Authority and/or other competent supervisory authorities (art. 77 GDPR).
- 7. MINORS
The Contest is in no way intended for persons under the age of 18, both as participants and as subjects portrayed in the Posts; therefore, the Data Controller does not collect and/or process personal data referring to minors and, pursuant to the Contest Rules, does not allow Posts containing photos of minors. In the event of publishing Posts of minors, or Posts containing minors for their participation in the Contest, Poltrona Frau will not take them into consideration and will not process any personal data contained therein.
This Policy is valid from the date of publication. The Data Controller might introduce amendments and/or supplements to this Policy, also as a result of possible subsequent regulatory amendments and/or supplements.