TERMS AND CONDITIONS FOR CONTEST PARTICIPATION
1. The contest is being carried out by SOKRATIV GmbH, Rüsbergstraße 50a, 58456 Witten, Germany, on behalf of FALKEN TYRE EUROPE GmbH, Berliner Straße 74-76, 63065 Offenbach am Main, Germany.
2. The following prizes are available to be awarded among all participants of the attending countries (Belgium, Bulgaria, France, Finland, Greece, Italy, Luxembourg, the Netherlands, Poland, Romania, Slovenia, Spain):
- 25x 1 Fatboy® Buggle-up in a Falken special edition in a value of 329€/each, raffled among all participants.
3. Natural persons over the age of 18 can participate, who live in the participating countries. Employees of SOKRATIV GmbH and other companies participating in the contest as well as their relatives and legal entities are excluded from participation.
4. One entry per person. No purchase required.
5. To participate, complete and submit the contest entry form. Deadline for entries is 11:59 pm, 15. July 2022. The digital timestamp of the server during transmission shall determine whether submissions are timely.
6. The winners will be determined by random drawing not held in public and will be notified at the email address provided. The delivery of the prizes can exceed more than eight weeks. Prizes will then be sent at no cost to the winners. After two unsuccessful delivery attempts, the profit entitlement will expire.
7. The prize is not transferable. The prize may not be exchanged or redeemed for cash value. The winner agrees to accept any changes to the prize such as may become necessary due to factors beyond the control of the parties involved in the contest. In this case, SOKRATIV GmbH guarantees that the prize will have an equivalent value. Should the winners, despite notification by SOKRATIV GmbH, not respond within four weeks after being notified of their prize, the prize will be forfeited.
8. In the event of a breach of these terms and conditions, SOKRATIV GmbH reserves the right to exclude persons from the contest. Also excluded are persons who attempt to manipulate the contest and its results.
9. SOKRATIV GmbH reserves the right to suspend or terminate the contest in whole or in part and to refrain from awarding a prize if technical difficulties or other circumstances occur that are beyond its control.
10. There is no right of appeal for the contest results.
11. The personal data collected in the contest entry form (title, first and last name, email address, date of birth) will be used exclusively for the contest and will be deleted immediately after the winner has been selected and the prize has been successfully handed over. We will pass on the personal data of the winners after the draw to the respective prize sponsors (in detail Falken Tyres Europe) so that they can deliver the prizes. The processing of the personal data takes place on the basis of your consent granted per Art. 6 para. 1 clause 1 lit. a) GDPR. With regard to your data, you have the following rights under the GDPR: Information (Art. 15), correction (Art. 16), deletion (Art. 17), restriction (Art. 18), data transmission (Art. 20), revocation of consent (Art. 7 para. 3), and complaint to the supervisory authority (Art. 77).
12. By ticking the box "I agree that Falken Tyre Europe GmbH may regularly send me newsletters with current product information by email or by post. You can always revoke your consent and unsubscribe from the newsletters via email." you agree to your data's being additionally used for marketing purposes of
FALKEN TYRE EUROPE GmbH, Berliner Straße 74-76, 63065 Offenbach am Main
You may unsubscribe from the newsletters at any time with future effect by sending an email to the address mentioned in every newsletter or by clicking the unsubscribe button.
13. If any provision of this agreement is or should become legally invalid, the validity of the remaining provisions will not be affected. Instead of the invalid provision, the parties will agree on an appropriate one that comes closest to their original intent. The same applies to any loopholes in this agreement.
Witten, March 2022
1. We process your personal data as defined in Art. 4 No. 1 GDPR (e.g. your IP address, name, date of birth, address, email address) only in accordance with the provisions of German data protection law and the EU General Data Protection Regulation (GDPR). The following provisions will inform you about the type, scope and purpose of the collection, processing and use of personal data.
2. The processing (defined in Art. 4 No. 2 GDPR) of personal data on the basis of Art. 6 GDPR is lawful if one of the following conditions applies:
a) data subjects have given their consent to its processing for one or more specific purposes;
b) the processing is necessary for the fulfilment of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract; or
c) the processing is necessary to fulfil a legal obligation to which the data controller is subject;
d) the processing is necessary to protect the vital interests of the data subject or another natural person;
e) the processing is necessary for the performance of a task in the public interest or in the exercise of public authority conferred on the data controller;
f) the processing is necessary to safeguard the legitimate interests of the data controller or a third party, unless the interests or fundamental rights and freedoms of the data subject which require the protection of personal data prevail, in particular where the data subject is a child.
3. The processing of specific categories of personal data (e.g. health data) within the meaning of Art. 9 para. 1 GDPR is lawful in accordance with Art. 9 para. 2 GDPR, if one of the following conditions applies:
– the data subject has given their express consent; or
– the processing is necessary to assert, exercise or defend legal claims or is otherwise needed by the courts in the course of their judicial activities.
4. We do not perform any automatic decision-making or profiling of personal data within the meaning of Art. 22 GDPR.
5. The operator uses suitable technical measures to ensure the security of the data per Art. 32 GDPR, subject to the principle of proportionality.
6. In the unlikely event of a breach of data protection, the responsible supervisory authority and the affected data subjects will be notified, in accordance with Art. 33 and 34 GDPR, respectively.
Duration of data retention
Data you provide will be retained for varying periods, depending on the respective statutory retention periods. Under commercial and tax law, certain data may be stored for up to 10 years. Disclosure of data to third parties
We will disclose data you provide when making contact with us to third parties (Art. 4 No. 10 GDPR) only if:
a) you have given your express consent per Art. 6 para. 1 clause 1 lit. a GDPR;
b) the disclosure is necessary per Art. 6 para. 1 clause 1 lit. f GDPR to assert, exercise or defend legal claims and there is no reason to believe that you have an overriding interest in your data not being disclosed;
c) the disclosure is required by law as defined per Art. 6 para. 1 clause 1 lit. c GDPR; and
d) this is legally permissible and necessary per Art. 6 para. 1 clause 1 lit. b GDPR for the processing of contractual relationships with you.
Data controller per GDPR
The data controller responsible for the processing and protection of data within the meaning of the General Data Protection Regulation (GDPR) as well as other data protection laws in the European Union and other data protection regulations is:
Phone.: +49 23 02 – 28 28 50
Storage of access data in server log files
You can visit our web pages without disclosing any personal information.
The website provider automatically collects and stores information that your browser automatically transmits to us as server log files. This data includes:
• Browser type/browser version
• Operating system used
• Referrer URL
• Host name of the accessing computer
• Date and time of your visit
This data cannot be used to identify specific people. This data is not combined with data from other sources.
We reserve the right to examine this log data retrospectively if there is concrete evidence of illegal activity.
The purpose of the processing arises from our legitimate interest within the meaning of Art. 6 para. 1 clause 1 lit. f) GDPR.
Our server provider processes this data on our behalf.
In addition, we also use temporary cookies that are stored on your end device for a specified period of time to optimise user-friendliness. If you visit our site again to use our services, it will automatically be recognized that you have already been with us and the inputs and settings you have made are also recognized, so that you do not have to re-enter them.
When you return to our website, these cookies enable us to recognise automatically that you have already been to our website. These cookies are automatically deleted after a defined period of time. The data processed by cookies are required for the purposes mentioned for the protection of our legitimate interests as well as of third parties according to Art. 6 para. 1 clause 1 lit. f) GDPR. Most internet browsers accept cookies automatically. However, you can configure your browser so that no cookies are stored on your computer, or a message always appears before a new cookie is created. Complete deactivation of cookies, however, may result in you being unable to use all the functions of our website.
Cookie consent with Usercentrics
This website uses the cookie consent technology from Usercentrics to obtain your consent to the storage of certain cookies on your device and to document them in compliance with data protection regulations. The provider of this technology is Usercentrics GmbH, Rosental 4, 80331 Munich, website: https://usercentrics.com/de (hereinafter "Usercentrics").
When you enter our website, the following personal data is transferred to Usercentrics:
• Your consent (s) or the revocation of your consent (s)
• Your IP address
• Information about your browser
• Information about your device
• Time of your visit to the website
In addition, Usercentrics stores a cookie in your browser in order to be able to assign the consent you have given or to be able to revoke it. The data collected in this way will be stored until you ask us to delete it, delete the Usercentrics cookie yourself or the purpose for data storage no longer applies. Mandatory statutory retention requirements remain unaffected.
We have concluded an order processing contract with Usercentrics. This is a contract stipulated by data protection law, which ensures that Usercentrics processes the personal data of our website visitors only in accordance with our instructions and in compliance with the GDPR.
Only in exceptional cases will the entire IP address be transmitted to a Google server in the USA and truncated there. Google will use this information on behalf of the operator of this website to evaluate your use of the website, to compile reports on the website activity and to provide other services related to the website activity and internet usage to the website operator. The IP address provided by your browser as part of Google Analytics will not be combined with other data from Google.
You can prevent cookies from being stored by selecting the appropriate settings in your browser; however, we wish to point out that by doing so, you may not be able to enjoy the full functionality of this website.
You can also prevent the data generated by cookies about your use of the website (incl. your IP address) being passed to Google and the processing of these data by Google, by downloading and installing the browser plugin available under the following link: http://tools.google.com/dlpage/gaoptout?hl=en.
The use of this service is lawful based on Art. 6 para. 1 clause 1 lit. f) GDPR.
The Google Analytics anonymization feature is used to obscure IP addresses. Google, Inc. processes this data on our behalf.
Google Tag Manager
Google Tag Manager is a solution that allows marketers to manage web page tags through a single interface. The Tag Manager tool itself (which implements the tags) is a cookieless domain and does not collect any personal data. The tool triggers other tags, which in turn may collect data under certain circumstances. The Google Tag Manager does not access this data. If deactivation occurs at domain or cookie level, it remains in use for all tracking tags, which are implemented by Google Tag Manager.
We use the service reCAPTCHA offered by Google Inc. (Google) to protect your information. The tool checks whether the input is being made by a human being or is being done automatically by a machine. This service involves sending Google the IP address and any other data required by Google for the reCAPTCHA service. To that end, your input will be transmitted to Google and used there. By using reCaptcha, you agree that the letters you enter are used to digitalise older publications. However, if IP anonymisation is activated on this website, your IP address will first be shortened by Google within member states of the European Union or in other contracting states of the Treaty on the European Economic Area. Only in exceptional cases will the entire IP address be transmitted to a Google server in the USA and truncated there. Google will use this information to evaluate your use of this service on behalf of the operator of this website. The IP address transmitted by your browser as part of reCAPTCHA is not conflated with other Google data.
The function is used to prevent illegal (especially automated) participation. This constitutes a legitimate interest pursuant to Art. 6 para. 1 clause 1 lit. f) GDPR.
Our website uses plugins from YouTube, which is operated by Google. The operator of the pages is YouTube LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. If you visit one of our pages featuring a YouTube plug-in, a connection to the YouTube servers is established. Here the YouTube server is informed about which of our pages you have visited. If you're logged in to your YouTube account, YouTube allows you to associate your browsing behaviour directly with your personal profile. You can prevent this by logging out of your YouTube account.
The use of YouTube videos allows us to present our offering visually and therefore represents a legitimate interest in the sense of Art. 6 para. 1 clause 1 lit. f) GDPR.
If you use the participation Form, the information and attached files you provide will be transferred and stored in order for you to participate in the contest. The data will be transferred to the contest partner. More details can be found in the contest terms and conditions.
The lawfulness of this disclosure is based on your consent in accordance with Art. 6 para. 1 clause 1 lit. a) GDPR.
Security of your data / SSL encryption
Per §13 para. 7 of the German Telemedia Act (TMG), this site used SSL encryption, recognisable by a lock icon in the address bar of your browser. The data you transmit should not be readable by third parties if SSL encryption is activated.
As a rule, this is 256-bit encryption. If your browser does not support 256-bit encryption, we use 128-bit v3 technology instead. Whether a single page of our website is transmitted in encrypted form, is indicated by the closed representation of the key or the lock icon in the bottom status bar of your browser.
We also use suitable technical and organisational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or unauthorised access by third parties. Our security measures are continuously improved to meet state-of-the-art requirements.
You can request information about the personal data stored about you at any time and free of charge. Your rights also include the right to confirm, correct, restrict, block, or delete such data and to obtain a copy of such data in a form suitable for further transmission, as well as the rights to revoke consents granted and object to the processing of your data. Statutory retention periods remain unaffected.
Your rights are based in particular on the following sections of the GDPR:
• Art. 7 para. 3 – Right to revoke consent
• Art. 12 – Transparent information, communication, and modalities for the exercise of data subject rights
• Art. 13 – Duty to provide information when collecting personal data from the data subject
• Art. 14 – Duty to provide information if the personal data has not been collected from the data subject
• Art. 15 – Right of the data subject to obtain information, confirm, and receive a copy of their personal data on file
• Art. 16 – Right to correct data
• Art. 17 – Right to have data deleted ("Right to be forgotten")
• Art. 18 – Right to restrict processing
• Art. 19 – Obligation to provide notice to third parties if personal data is corrected, deleted, or its processing has been restricted
• Art. 20 – Right to data portability
• Art. 21 – Right to object
• Art. 22 – Right not to be subject to a decision based solely on automated processing, including profiling
• Art. 77 – Right to file a complaint with a supervisory authority
To exercise your rights (with the exception of Art. 77 GDPR), please contact the data controller listed above.
Responsible supervisory body:
Landesbeauftragte für Datenschutz und Informationsfreiheit Nordrhein-Westfalen
Phone: +49 (0)211/38424-0
Fax: +49 (0)211/38424-10
Phone: +49 (0) 211/38424-0
Fax: +49 (0) 0211/38424-999
(Check via the homepage to make sure that these contact details are still current.)