Data protection Policy of Marathon-Photos.com Ltd

With this information, we inform you about the processing of your personal data by Marathon-Photos.com Ltd (hereinafter also referred to as "we") and the rights to which you are entitled under data protection laws. 

1. Responsibility for data processing and data protection officer

Marathon-Photos.com Ltd
Address: PO Box 60, 170 Collingwood Street, Hamilton 3240, New Zealand
Address in Germany: Vordere Weichselgartenstr. 12a, 90522 Oberasbach
Managing Director: Francis Kay
E-Mail: privacy@marathon-photos.com
Phone: 0049 911 / 99968571 (Germany) or 0064 7 21 641 503 (New Zealand)

The data protection officer can be reached by post at the above address with the addition "Data Protection" or by e-mail: agreig@marathon-photos.com

2. Origin and scope of the data

We have received your personal data from SCC EVENTS GmbH as part of the binding pre-order and / or your successful participation in a sports event carried out by SCC EVENTS GmbH.

Sports events: GENERALI BERLIN HALF MARATHON 2022 and BMW BERLIN MARATHON 2022, as well as inline skating event 2022

For the purpose of providing access-protected video material on our Internet platform, www.marathon-photos.com we have  received these data categories: start number/name, date of birth.

For the purpose of assigning video material, we process this data: surname, first name, event, result times, country (for language setting).

In addition, we collect from all successful participants, the respectively valid e-mail address for the purpose of contacting pre-orders and processing the order as well as for one-time electronic communication of the information that the video files are available.

In the case of a binding order for video material, Marathon-Photos will collect further personal data. Detailed information will be provided during the ordering process.

3. Purpose and legal basis of data processing

We process your personal data in compliance with the applicable data protection regulations from the EU General Data Protection Regulation (GDPR). Your personal data will only be processed for the purposes expressly stated here.    

The legal basis for the lawful processing of your personal data arises from:

1. Article 6 (1) (f) GDPR on the basis of a balancing of interests: to ensure IT security, to fulfil our exclusive mandate as a professional video service provider at the listed events, to create and provide video material for the successful participants of the above-named events, to provide the individual log-in, to send the information e-mail once.

2. Article 6 paragraph 1 lit.c) for the fulfilment of legal obligations such as obligations of proof and accountability from the data protection regulations in compliance with the respective legal regulations.
   
3. Article 6 paragraph 1 lit.b) GDPR on the basis of your pre-order for the provision of video material and for the purpose of communication.

4. Recipients or categories of recipients of personal data

We sometimes use external service providers and partners to fulfil our contractual services and legal obligations..

5. Duration of data storage

We do not receive more information about you than we need. The personal data – start number/name and date of birth – are stored permanently, as they allow access to the user portal.

Email addresses of successful participants who have not signaled a pre-order will be deleted after the one-time electronic information has been sent.

Surname, first name, country and result times of all successful participants are the subject of the created video files (or language settings) and are stored permanently.

An immediate termination of the data processing takes place both in the event of a (permissible) objection of the data subject and in the case of a request for deletion by the data subjects.

We store the data protection requests answered by us for information, correction, deletion or restriction of processing, as well as other inquiries from data subjects or supervisory authorities on data protection issues for the purpose of accountability for 3 years.

6. Data protection rights for data subjects

All data subjects have the right to information pursuant to Article 15 GDPR, the right to rectification of their data pursuant to Article 16 GDPR, the right to erasure pursuant to Article 17 GDPR, the right to restriction of the processing of their data pursuant to Article 18 GDPR and the right to data transfer pursuant to Article 20 GDPR.

Right to object:

In accordance with Article 21 GDPR, you can object to the processing of your personal data at any time. This applies in particular to these cases:

A) Right to object on a case-by-case basis in accordance with Article 21 para. 1 GDPR

For reasons arising from your particular situation, you have the right to object at any time to the processing of personal data concerning you on the basis of Art. 6 (1) (f) GDPR (data processing on the basis of a balancing of interests). If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing that outweigh your interests, rights and freedoms or the processing serves to assert, exercise or defend legal claims.

B) Right to object to the processing of data for direct marketing purposes pursuant to Article 21 para. 2 GDPR

We process your personal data for direct marketing purposes (specifically: one-time e-mail after the end of the event with information on the completion of the individual video files). You have the right to object at any time to the processing of personal data concerning you for the purpose of such advertising. If you object to the processing for direct marketing purposes, we will no longer process your personal data for these purposes.

Inquiries to exercise your rights as a data subject should be made by post or e-mail to our data protection officer, stating your full name: Marathon-Photos.com Ltd., PO Box 60, 170 Collingwood Street, Hamilton 3240, New Zealand or agreig@marathon-photos.com

Right of appeal:

If you suspect that we are processing your data unlawfully, you can of course bring about a judicial clarification of the problem at any time. In addition, any other legal option is open to you. Irrespective of this, pursuant to Article 77 (1) GDPR, you have the option of contacting a supervisory authority. You have the right to lodge a complaint pursuant to Article 77 GDPR in the EU member state of your place of residence, your place of work and/or the place of the alleged infringement, i.e. you can choose the supervisory authority you are contacting from the above locations. The supervisory authority with which the complaint was lodged will then inform you of the status and results of your submission, including the possibility of a judicial remedy pursuant to Article 78 GDPR.

Note on joint responsibility:

We would like to point out that the data provided to us for the creation of the video material is partly the responsibility of SCC EVENTS GmbH. Therefore, if you have any questions or requests regarding your rights as a data subject, please do not hesitate to contact SCC EVENTS GmbH, Olympiapark Berlin, Hanns-Braun-Straße / Adlerplatz, 14053 Berlin, informationspflicht@scc-events.com

The data protection information of SCC EVENTS GmbH is available at:
https://www.scc-events.com/corporate/kontakt/datenschutz/informationspflicht

7. Data transfer to a third country or an international organisation

Marathon Photos.com Ltd. Is an organisation that has its headquarters in a third country (New Zealand), which is why the processing of your personal data may take place outside the EU.

For New Zealand, the Commission of the European Communities has taken an adequacy decision, which is available at: https://eur-lex.europa.eu/legal-content/DE/TXT/?uri=CELEX%3A02013D0065-20161217. The level of data protection is comparable to the data protection regulations of the EU. A contract for joint responsibility between SCC EVENTS GmbH and us exists.

8. Automated decision-making and profiling

For the justification and implementation of our services (creation of individual participation videos), we do not use exclusively automated decision-making within the meaning of Art. 22 GDPR, but the assignment of personal data for the purpose of individualization takes place electronically. If the result of the automated decision-making requires further examination or manual intervention (eg. in the event of an incorrect assignment), data subjects have the right to contact us under point 1.) to use named contact details and to obtain corrective action.

“Profiling“ means a form of automated processing of personal data assessing the personal aspects relating to a natural person, in particular for the analysis or prognosis of work performance, economic situation, health, personal preferences or interests, reliability or behaviour, location or movement of the data subject, insofar as this has legal effect on the data subject or similarly significantly affects him or her. Your data will not be processed by us for the purpose of profiling.