Wall
of
Fame

Privacy Policy

Click here for german version

Status: Mai 2020

As edding International GmbH and operator of the www.wall-of-fame.com website, we take the protection of your data very seriously. In the following, we would like to inform you of the extent and the purpose for which we collect and process your personal data on our website www.wall-of-fame.com (hereinafter referred to as „plattform“).

1. General; Definitions

Our Privacy Policy is based on the terms used in the General Data Protection Regulation (GDPR). In this Privacy Policy we use the following terms, among others:

Personal data means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person (see Art. 4 No. 1 GDPR).

Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction (see Art. 4 No. 2 GDPR).

Controller means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data (see Art. 4 No. 7 half-sentence 1 GDPR).

Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller (see Art. 4 No. 8 GDPR).

Third party means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data (see Art.. 4 No. 10 GDPR).

Consent of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her (see Art. 4 No. 11 GDPR).

2. Responsibility and Contact

The controller who processes personal data within the meaning of the GDPR is:

edding international GmbH (hereinafter referred to as „edding”, „we”, „us”)

Bookkoppel 7,
22926 Ahrensburg
Tel.: 04102 8080
info@wall-of-fame.com

With this Privacy Policy, we comply with our obligation to inform you about the scope and purposes of processing your personal data in accordance with Art. 12 - 14 GDPR.

If you would like to review and update your personal data or have any questions about data protection on our platform, please contact us at any time via our e-mail address info@wall-of-fame.com or by post at the above address.

You can reach our data protection officer

via e-mail: datenschutz@edding.de

3. Processing of your Personal Data

The scope and the nature of processing of your personal data differs depending on whether you contact us via our platform, use our (interactive) functionalities offered on the platform or only wish to use our platform for information purposes. With regard to the data processing described below, you can assert your rights as a data subject (see section 8) at any time.

3.1 Collection through your Active Collaboration

In connection with the use of this platform, we collect and store your personal data when you provide it to us, e.g. during registration. It is always your free decision whether you provide us with your personal data for the relevant purposes.

3.1.1 Inquiries via E-Mail

If you send us an e-mail, your e-mail address and any personal content contained in the message will be stored by us (legal basis is Art. 6 No. 1 lit. f) GDPR). We do this only to be able to process your request. We will delete the data in question after the intended processing purpose has been achieved. Also with regard to this data processing, you can assert your rights as a data subject (see section 8) at any time, in particular you can object to the corresponding data processing.

3.1.2 Registration on the Platform

Registration is not required to explore the platform. You can view in „real-time“ and move along our web application, which is a wall in a virtual three-dimensional space on which users can draw alone or together (hereinafter „edding Wall of Fame“).

However, registration is required to be able to use the full functionality of the platform. For example, you will only be able to create and publish an artwork on the edding Wall of Fame (hereafter „Artwork“) and use other functions (liking, sharing, chat messaging etc.) if you register as a user on the platform. You can register via your Facebook or Google account.

If you register via your Facebook or Google account, you will be forwarded by our platform to the websites of Facebook or Google and will be asked to enter your log-in data of your Facebook or Google account. If you enter the Facebook or Google log-in data, edding will receive your user ID, first name, surname and e-mail address from Facebook or Google. No other personal data such as first and last name, profile picture, email address etc. is stored from your social media account.

We use the user ID received from Facebook or Google to set up your user profile for the edding Wall of Fame.

After entering the Facebook/Google log-in data, you must also enter a user name as well as your first and last name on the platform. The user name can be a pseudonym and does not have to correspond with your actual name. You are free to add a short text and/or a website link (e.g. Instagram Profile) in the „description section” of your user profile. Only the user name and the voluntary information in the description section of your user profile will be visible to other registered users of the platform. Apart from this, your username will also be visible to all users (including non-registered users), who are checking out your Artworks on the edding Wall of Fame. We process your user profile data in order to comply with our contractual obligation to provide the platform (Art. 6 No. 1 lit. b) GDPR), i.e. in particular for:

  • The provision of the platform to you in accordance with the Terms of Use;
  • Personalizing your user profile for extended functions (drawing on the edding Wall of Fame (section 3.1.3), communication, snapshot and share function, like function (section 3.1.4));
  • The handling and implementation of art contests (competitions) if you take part in them (see section 3.1.5);
  • The implementation of our Terms of Use;
  • Your information about changes to our platform and our services.

You can object to the processing at any time, e.g. by deleting your user profile yourself, removing stored data or by sending us an e-mail to support@wall-of-fame.com. Even after deletion, your username will remain visible to other users on the edding Wall of Fame. However, your Artwork and your username can no longer be assigned to a user profile. We will also delete your data if they are no longer required for the intended processing purposes stated and we are not legally obliged or entitled to continue storing the data, particularly for verification purposes in connection with the conclusion of the Terms of Use. In this case we will block the data for all other purposes and restrict access rights accordingly.

If, in the course of registering with a user profile, you also register for the newsletter, this is done on the basis of the process described in Section 3.1.6.

3.1.3 Drawing on the edding Wall of Fame

When you register on our platform, you have the opportunity to draw Artworks on the edding Wall of Fame and thus simultaneously post and publish them on the platform for other users.

We process the Artworks created by you on the edding Wall of Fame, as well as the associated content (metadata), such as time and date of creation, user name etc., in order to provide the relevant functionality within the scope of the Terms of Use, the associated technical administration and to check compliance with the Terms of Use. The legal base for the processing is Art. 6 No. 1 lit. b) GDPR. Apart from this, we process your personal data only if a legal provision allows us to do so, if we are entitled to do so or if you have given us your consent for the processing of your data.

It is also possible for other platform users to assign your Artwork to your user profile on our platform. However, if your user name is a pseudonym and you do not share any other personal data on your user profile, it is not possible for other users identify you.

Every stroke you make to create your Artwork on the edding Wall of Fame is permanent and cannot be deleted. However, you and any other registered platform user are able to paint over or add something to the relevant section of the edding Wall of Fame. Therefore, the Artwork will remain visible for other user on the edding Wall of Fame until it is painted over or we delete it. Please note that, for technical reasons, the Artworks you have created will remain accessible after deletion of your user profile (see also section 2 of the Terms of Use). Your Artwork will only be deleted if it is no longer required for the intended processing purposes and we are not legally obliged or entitled to continue storing it.

3.1.4 Communication, Snapshots and Share Function, Like Function („Fame Tokens“)

As well as the opportunity to create Artworks on the edding Wall of Fame, you will have access to further interactive functions when you register on our platform. If you use these functions, we will collect and process the following personal data:

  • Messages that you exchange with other users via the public chat function;
  • Create and share snapshots of Artworks on the edding Wall of Fame in your user profile or via other social media channels;
  • Giving/Receiving Fame Tokens (like function).

This data is processed exclusively for the purpose of providing the respective functionality within the scope of the Terms of Use, the associated technical administration and for checking compliance with the Terms of Use. Messages in chats, shared snapshots in your user profile and assigned Fame Tokens are public and visible to other registered users. The legal basis for the processing of your personal data for the purposes mentioned above is therefore Art. 6 No. 1 lit. b) GDPR.

The nature and scope of the collection of personal data when using the platform's functionalities therefore also depends on your behavior and can be influenced by you. It is always possible to use the platform without posting messages in chats, without creating and sharing snapshots and without giving Fame Tokens. Furthermore, it is up to you not to publish any personal data (such as your first and last name, etc.) in the chat window when writing messages. If your user name is a pseudonym and you do not share any other personal data on your user profile, it is not possible for other to identify you.

Your chat messages will not be saved permanently. Only the last 50 chat messages in the chat history are visible to other users. If new chat messages are added by users, the oldest visible messages are automatically deleted.

We process your information for snapshots and assigned Fame Tokens only as long as it is necessary for the stated purposes and we are not legally obliged or entitled to continue to store the data.

3.1.5 Participation in an Art Contest (competition)

Occasionally, art contests will be held on sections of the edding Wall of Fame (hereafter „Contest Wall“) for a certain period. When art contests are held, edding will process personal data relating to participants in order to carry out the competition. This includes in particular the following data:

  • User name;
  • Request of residence within the European Union or United Kingdom;
  • Entry to the competition (the Artwork created on the edding Wall of Fame);
  • In case you win: Your address if you send it to us after your winning notification.

The personal data will be stored, processed and used for the purpose of carrying out and handling the respective art contest. This includes, in particular, the evaluation of the entry to the competition, checking whether the Terms of Use are being adhered to, notification of the winner and delivery. The legal basis for the processing is Art. 6 No. 1 lit. b) GDPR.

If necessary, your data may be passed on to our jury members and shipping service providers in compliance with applicable data protection laws (see also section 4.1.4).

Insofar as the winner or winners are announced on the platform by highlighting the Artwork on the edding Wall of Fame after the end of the art contest, this is done on the basis of the concluded Terms of Use of (Art. 6 No. 1 lit. b) GDPR).

3.1.6 Subscription to our Newsletter

edding offers a newsletter on the platform that provides information on platform functions, events, artists, products, services and promotions. You can subscribe to the newsletter by ticking a checkbox and confirming the „Submit“ button with the following text

Yes, I agree that the data entered by me will be processed for the purpose of sending the newsletter in accordance with the data protection information. This consent is freely given and can be withdrawn by me at any time.

If you have subscribed for the newsletter, we will use your personal data as follows:

When you subscribe for the newsletter your e-mail address and also your first and last name will be stored. We use this data for internal statistical purposes and to customize the content of our newsletter.

For the subscription of our newsletter we use the so-called double-opt-in procedure. After registering for the newsletter, we will send you an e-mail to the e-mail address provided, in which we ask you to confirm that you have requested the newsletter. If you confirm the subscription, the newsletter will be permanently sent to your e-mail address. If you do not confirm the subscription, your subscription will be deleted automatically after 48 hours.

We use your personal data for the above-mentioned purposes on the basis of your consent (legal basis is Art. 6 No. 1 lit. a) GDPR).

For the content design, dispatch and response analysis of our newsletters we use the service provider MailChimp, which is operated by the US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA. For this purpose, we have entered into an agreement with MailChimp on data processing, which ensures that MailChimp processes your personal data exclusively according to our instructions and in compliance with applicable data protection laws. By licensing under the EU-US Privacy Shield, MailChimp guarantees to maintain an adequate level of data protection when processing personal data in the USA by complying with the requirements of European data protection law.

If you subscribe to our newsletter, MailChimp stores your IP address and the time of subscription for the documentation of your declaration of consent. In addition, your e-mail address and user name as well as any other personal data provided by you is therefore stored on the servers of MailChimp in the USA for the purpose of personalizing the newsletter if necessary. MailChimp uses this information to send our newsletter and to analyze user behavior when receiving the newsletter. In the course of the analysis of user behavior, MailChimp collects technical information, in particular about the browser used, the IP address and the time of access. MailChimp determines if and when a newsletter or links contained therein are opened. This information is used to better understand the expectations of newsletter recipients and to adjust the content accordingly. MailChimp may also use this information to optimize or improve its services, for example to improve the efficiency of the newsletter delivery by recording the selected language, location information or time zones. At no time will MailChimp contact you based on your personal data for its own purposes or give your data to third parties.

Further information can be found in the data protection regulations (https://mailchimp.com/legal/privacy/) and the general terms and conditions of the Rocket Science Group.

We use the services of MailChimp as a processor on the legal basis of Art. 6 No. 1 lit. f) GDPR. Our legitimate interest is the centrally coordinated offer of a newsletter by a professional provider, which is both legally compliant and specific to our interests. If you no longer wish to receive the newsletter, you can object to receiving the newsletter at any time (Art. 21 GDPR) or withdraw the underlying consent (Art. 7 No. 3 GDPR) and thereby unsubscribe. To do so, click on the link contained in each newsletter. You will then be guided through the unsubscription process. Alternatively, you can also send us your objection to receiving the newsletter by e-mail to info@wall-of-fame.com.

3.2 Collection without your Collaboration

When you visit our platform, our servers temporarily record the IP address of your computer, the file request of the client (file name and URL) and the http status code as well as the platform from which you visit us in so-called log-files. For the detection of abuse (spam, viruses, etc.) and for the recognition and elimination of faults, we store your IP address for seven days. The legal basis is Art. 6 No. 1 lit. f) GDPR.

3.2.1 Necessary Cookies

Moreover, our platform uses „cookies“ at several places, which serve to make our offer more user-friendly and effective. Cookies are small text files that our platform would like to place on your computer or other Internet-compatible devices such as tablets or smartphones. If your browser settings accept cookies, your browser adds the text in a small file.

Unless otherwise stated in this Privacy Policy, the cookies we use are necessary for the functionality and performance of our platform. Two different types of cookies can be used on the pages, so-called „session cookies“ and „permanent cookies“. Session cookies are temporary cookies that remain on your device until you leave the site. A permanent cookie, on the other hand, remains on your device for a certain period of time after you leave the site or until you delete it manually (how long a cookie remains on your device depends on the „lifespan“ of that cookie). This includes, for example, cookies that enable you to log in to the protected area of our platform. We use the information stored in the necessary cookies only to provide you with the requested services and functions.

Cookies do not damage your computer and do not contain viruses. You have the option of setting your browser so that these cookies are not stored at all or so that the cookies are deleted at the end of your internet session. Please note, however, that in this case you may not be able to use all functions of our platform.

3.2.2 Third Party Cookies

This website uses Matomo, a web analytics service provided by InnoCraft Ltd, 150 Willis St, 6011 Wellington, New Zealand, to analyze user behavior and to improve our website on a regular basis. With the help of the statistics obtained, we can improve our offer and make it more interesting for you as a user. The legal basis for the use of Matomo is Art. 6 No. 1 lit. f) GDPR.

Matomo sets cookies in your local browser. The information collected in this way is stored only on our server in Germany, it includes namely the following data:

  • One byte (last three digits) of the IP address of the user's calling system;
  • The website you visited;
  • The website from which the user has got to the accessed website (referrer);
  • The subpages that have been visited of the website;
  • The time spent on the website;
  • The frequency of access to the website.

This website uses Matomo with a „PrivacyManager“-Plugin. Thereby IP-addresses are processed in a shortened way, a direct identification of a user can be excluded. The IP address transmitted by your browser via Matomo is not merged with other data collected by us.

We operate our web analysis software on our own servers and do not pass on any personal data to any third parties, except when our technical support is used (e.g. in the context of software updates).

You can prevent the use of cookies for web analysis purposes by deactivating tracking in the checkbox below. Matomo also includes the so-called "Do not track"setting, which can be set individually in many modern browsers.

Matomo is a free open source software where many developers from different countries and with different technical backgrounds are dedicated to. Further information about Matomo can be found at matomo.org/.

You have the option to prevent that your activities on the platform are analyzed. This will protect your privacy, but will also prevent us from learning from your activities and improve usability for you and other users.

Your visit to this website is currently recorded by Matomo Web Analytics. Uncheck this checkbox for OptOut.

4. Transfer of Data to Third Parties

We need to share some data with third parties in strict compliance with data protection laws in addition to the data shared relating to tools and features used on our platform.

4.1 Transfer to External Service Providers

During the content and technical support and design of our online presence, it may be necessary for external service providers (especially IT service providers) to get access to personal data.
In this case, your personal data will be processed according to our instructions and on the basis of a data processing agreement in accordance with Art. 28 DSGVO. With this agreement, the service provider guarantees us that the service provision is in accordance with applicable data protection law. The involvement of professional providers of corresponding services is expressly provided for by law and serves our legitimate interest in professionalizing our services for you and offering them in an economically reasonable way (legal basis: Art. 6 No. 1 lit. f) GDPR). We remain responsible for the protection of your personal data. In this context we will forward your data to the following service providers:

4.1.1 MailChimp

For the design, content and dispatch of our newsletter, we use the newsletter distribution platform „MailChimp“ from the US provider

Rocket Science Group LLC
675 Ponce De Leon Ave NE #5000
Atlanta, GA 30308, USA.

For this purpose, we have concluded a data processing agreement with MailChimp, which ensures that MailChimp processes your personal data exclusively according to our instructions and in accordance with applicable data protection laws. By licensing under the EU-US Privacy Shield, MailChimp guarantees to maintain an adequate level of data protection in the USA when processing personal data by complying with the requirements of European data protection law. The current privacy policy of MailChimp can be found at https://mailchimp.com/legal/privacy/.

4.1.2 Business Partners for Single Sign-on

You can register a user account for the use of the platform using the data from your social media service. To do so, you must allow your social media service to share your username, first and last name, email address and public profile with us. We will share technical data (your user ID, access token and URL) with the social media service or social network to complete your registration. We base the data processing on Art. 6 No. 1 lit. b) GDPR.

For this purpose, we transfer technical data (your user ID, access token and URL) to the following companies, depending on how you want to register:

Facebook Inc.
1601 S. California Ave,
Palo Alto, CA 94304, USA.

See https://www.facebook.com/about/privacy/ for more information on data use by this business partner.

Google LLC
1600 Amphitheatre Parkway
Mountain View, CA 94043 USA.

See https://policies.google.com/privacy for more information on data use by this business partner.

4.1.3 Sharing Content

You can choose whether you want to share content on Facebook, Pinterest, Snapchat or similar social networks and instant messaging platforms. If you share content there, a link to the content generated for that particular snapshot of an Artwork will be shared on that social media service or social network. When sharing via Facebook, the respective snapshot of the Artwork is displayed as an image when the link is posted. When sharing via instant messaging platforms (such as WhatsApp), a link to the content is shared. We base this processing on our legitimate interest in enabling you to use this function (Art. 6 No. 1 lit. f) GDPR). If you create content on the Platform, there is also good reason to assume that other users should be able to share such content on social networks and instant messaging platforms, which requires data processing. You have the right to object to such processing of your data.

4.1.4 Digital agency

We also use a digital agency for matters of content and technical support and design of our platform.

demodern GmbH
Schulterblatt 26-36
20357 Hamburg, DE.

4.2 Transfer due to Legal Obligation

We reserve the right to disclose your personal data if we are legally obliged to do so or if we are requested to do so by authorities or law enforcement agencies. We do not pass on any other data to third parties.

5. Place of Data Processing and Data Security

The processing of your data takes place mainly in Germany. Your data will only be transferred to a country outside the European Union or the European Economic Area if an adequate level of protection has been established for this country in accordance with Art. 45 No. 2 GDPR. On this basis, data collected on our platform may be transferred to the United States (e.g. Rocket Science Group LLC., which is responsible for the design, dispatch and response analysis of our newsletters). In order to protect your data from unauthorized access and misuse, we have taken extensive, state-of-the-art technical and organizational security measures in accordance with European data protection law (Art. 32 GDPR) and, in the case of a data processor being in place, have concluded an agreement in accordance with Art. 28 GDPR.

6. Erasure and Blocking of Personal Data

We process and store personal data of the data subject only for the period of time required to achieve the processing purpose or, if required by law, until a relevant storage period has expired. If the processing purpose ceases to apply or if a legally prescribed storage period expires, the personal data will be blocked or deleted in accordance with the legal provisions, unless the data subject has given us permission to store and further process the data.

7. Rights of the Data Subject

Right of access: You can request access to information free of charge at any time about the scope, origin and recipients of the processed data as well as the purpose of the processing (Art. 15 GDPR). If you would like to claim your right of information, you can contact an edding employee or the data protection officer at any time.

Right to data portability: You can receive the personal data concerning you, which you have provided to a controller, in a structured, commonly used and machine-readable format (Art. 20 GDPR), where (1) processing is based on consent pursuant to Art. 6 No. 1 lit. a) GDPR or Art. 9 No. 2 lit. a) GDPR or on a contract pursuant to Art. 6 No. 1 lit. b) GDPR; and (2) the processing is carried out by automated means.

Right to rectification: Any data subject concerned by the processing of personal data has the right to obtain the rectification without delay of inaccurate personal data concerning him (Art. 16 GDPR). Taking into account the purposes of the processing, the data subject has the right to have incomplete personal data completed.

Right to erasure (‘right to be forgotten’): Any data subject concerned by the processing of personal data has the right to obtain from the controller the erasure of personal data concerning him or her without undue delay where one of the following grounds applies and the processing is not necessary (Art. 17 GDPR): (1) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed. (2) The data subject withdraws consent on which the processing is based and where there is no other legal ground for the processing. (3) The data subject objects to the processing and there are no overriding legitimate grounds for the processing. (4) The personal data have been unlawfully processed. (5) Personal data have to be erased for compliance with a legal obligation.

Right to object: Any data subject concerned by the processing of personal data has the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her (Art. 21 GDPR).

In the event of an objection, we will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or unless the processing serves to assert, exercise or defense of legal claims. Where we process personal data for the purpose of direct marketing, the data subject shall have the right to object, at any time, to the processing of personal data for the purpose of such marketing.

Right to withdraw a consent to processing of personal data:  Any data subject concerned by the processing of personal data has the right to withdraw a consent to processing of personal data at any time (Art. 7 No. 3 GDPR).

Right to lodge a complaint with a supervisory authority: Without prejudice to any other administrative or judicial remedy, every data subject has the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing of personal data relating to him or her infringes this Regulation (Art. 77 GDPR).

In the event of a request, we shall examine the matter and, insofar as no other legal regulations oppose the request, comply with it. We will inform the data subject about the result.

For the enforcement of your data subject rights it is not necessary to comply with special formalities, please contact us e.g. by e-mail to info@wall-of-fame.com/ datenschutz@edding.de or by mail to the above mentioned address.

8. Update and Changes

We may change or update parts of this Privacy Policy without prior notice to you. Please check the Privacy Policy before you use our services in order to be up to date with any changes or updates.