Information Memorandum
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on processing of the personal data of the participants in the New Prague Dance Festival/Competition project (hereinafter referred to as "Prague Dance Festival or NPDF")
Dear participant,
We would like to inform you that the team organising the Prague Dance Festival project (hereinafter also referred to as "we" or the "Organiser") is processing your personal data in connection with your participation in the Prague Dance Festival and the provision of goods and related services.
The purpose of the Information Memorandum is to provide you with information, particularly that pertaining to what kind of personal data we gather, how we handle the collected data, from what sources we acquire the data and for what purpose we make use of the data, to whom we are allowed to provide the data, where we can acquire information about your personal data we process, and what individual rights you possess in the domain of personal data protection.
We would therefore like you to acquaint yourselves with the content of this Information Memorandum. We will answer your questions sent to the postal address David Pospíšil DiS., Za Hanspaulkou 856/5, 160 00 Praha 6, Czech Republic, or the email address info@praguedancefestival.cz, or on the phone number +420 602 817 466.
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| 1. |
General information
The Organiser is obliged to meet a number of legal duties pertaining to the processing of the personal data of the participants in the NPDF, including the members of the specialist, artistic, educational, family and other types of accompaniment. We would not be able to provide you with our products and services without you having provided us such personal data. We also process the participants' personal data beyond the framework of the respective legal duties, with a view to taking care of the participants, and of being able to address you with a targeted offer of products and services. In certain cases, we need your consent to our processing of your personal data so as to be able to do so. If you fail to grant your consent in such cases, the scope of the products and/or services provided by us may be reduced or otherwise modified, in dependence on the scope of the data we would be authorised to process. We duly inform all the participants of the scope of the restriction and/or modifications.
Unless explicitly stipulated otherwise, all the information mentioned herein also relates to the processing of the personal data of the potential participants, i.e. the persons with whom we have not yet entered into a contractual relationship, but with whom we have already been in contact, or the former participants.
To a commensurate extent, the information specified herein will also be applied to the processing of the personal data of other persons, such as delegated persons, authorised persons or representatives of legal entities, in respect of whom we acquire data, when providing services to the participants, although we have not entered with them into a direct contractual relationship.
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| 1.1. |
Principles relating to processing of personal data
When processing your personal data, we respect and adhere to the highest personal data protection standards, and observe the following principles in particular:
| (a) | We always process your personal data for a clearly and comprehensibly set legitimate purpose, and solely over the time necessary with regard to the purposes of their processing; we only process accurate personal data of the participants, while ensuring that their processing conforms to the set purposes and is essential for the fulfilment of these purposes; |
| (b) | We protect and process your personal data in the manner that ensures the highest possible security of these data and that precludes unauthorised or accidental access to the personal data, the change in, destruction and/or loss of personal data, unauthorised transfers and other unauthorised processing or misuse of personal data; |
| (c) | We always provide you with comprehensible information pertaining to the processing of your personal data and to your being entitled to be provided with precise and full information pertaining to the circumstances of your personal data processing, as well as other related rights; |
| (d) | We adhere to the commensurate technical and organisational measures, with the aim to ensure the security standard corresponding to all possible risks; all the persons coming into contact with the participants' personal data are obliged to keep discretion in respect to the information acquired in connection with the processing of the respective data. |
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| 2. | Information on processing of personal data |
| 2.1. |
Information on the administrator
Your personal data are administered by
David Pospíšil DiS., address: Za Hanspaulkou 856/5, 160 00 Prague 6, Czech Republic, Reg. No. / Company No.: 61453480.
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| 2.2. |
Lawful basis for processing of personal data and purposes of processing
As the administrator, the Organiser defines the purpose and the means of processing of personal data, and is liable for the personal data being processed in accordance with the relevant valid legal regulations pertaining to personal data protection (particularly the General Data Protection Regulation (GDPR), (EU) 2016/679, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data; hereinafter referred to as the "Regulation"). We can only process your personal data in compliance with some of the legal titles stipulated in the Regulation.
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| 2.2.1. |
Processing of personal data without your consent
This generally concerns the situations whereby you are obliged to convey to us certain personal data, which is necessary for us to provide you with our product or service, or whereby we are entitled to process your personal data acquired in another manner.
We are entitled to process your personal data without your consent
| (a) | for the following purposes, so as to observe our legal duties, in particular
| (i) | the performance of our duty to proceed circumspectly, |
| (ii) | the preclusion of damage incurred to the property of the organiser and the collaborating persons; |
| (iii) | the performance of the liability to notify public authorities; |
| (iv) | the performance of archival duties; |
| (v) | the performance of accounting and tax obligations; |
| (vi) | the conducting of complaint procedures and the performance of other duties as an organiser, pursuant to the Civil Code, arising from faulty performance; |
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| (b) | with a view to concluding and performing a contract pertaining to the participants. Personal data are also needed so as to be able to conclude the respective contract and to meet the obligations stipulated therein without undue legal risks, including the termination of the contract; |
| (c) | for specific reasons of rightful interest on the part of the Organiser, in particular with the aim
| (i) | to protect the rights and legally protected interests of the organiser, eligible recipients or other respective persons, e.g. when evidencing facts the Organiser needs to evidence to third parties, debt recovery or other application of claims, |
| (ii) | to cultivate and develop the products and services provided; |
| (iii) | to resolve all the disputative agenda, particularly with the aim of litigating legal and other disputes; |
| (iv) | to offer related products and services to the participants without having obtained their consent (for direct marketing purposes); |
| (v) | to protect the security of the property and safety of the persons while at the venue where the NPDF takes place. |
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| 2.2.2. |
Processing of personal data with your consent
This generally concerns the situations whereby you voluntarily consent to our processing of the personal data provided by you or acquired in another manner. Should you fail to grant your consent, this may result in the Organiser not being able to provide certain products and/or services, or the Organiser being compelled to, in a well-founded manner, to adjust the availability and scope of the products and services provided, as well as the conditions under which the Organiser would provide such products and services.
On the basis of your consent, the Organiser processes your personal data for the following purposes:
| (a) | use of your photographs and audio-visual recordings in marketing and other promotional materials in electronic and paper forms. |
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| 2.3. |
Scope of the participants' personal data processed
The Organiser processes your personal data within the scope inevitable for the fulfilment of the purposes specified above. We above all process contact and identification data, descriptive and other data, as well as, to the necessary and due extent, data concerning other persons. More detailed information specifying the scope of the participants' personal data processed is contained in Appendix 1 to this Information Memorandum.
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| 2.4. |
Manner of processing of personal data
The Organiser processes your personal data using manual and automatic methods. The personal data are above all processed with the aim to take care of the participants and for marketing purposes.
Your personal data are mainly processed by the Organiser's employees, as well as, to the necessary extent, by third parties - processors. Any conveying of your personal data to a third party is always preceded by our concluding with the third party a written contract, which stipulates guarantees for personal data processing identical with the guarantee the organiser complies with in accordance with its legal obligations.
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| 2.5. |
Recipients of personal data
Your personal data are above all made accessible to the Organiser's employees in connection with their performing of work duties, which requires handling of the participants' personal data, yet merely to the extent that in such a case is necessary and while observing all security measures.
Furthermore, your personal data are conveyed to the third parties that are involved in the processing of the participants' personal data. Any conveying of your personal data to a third party is always preceded by our concluding with the third party a written contract, which stipulates the processing of personal data in the manner that includes guarantees identical to the guarantees the organiser complies with in accordance with its legal obligations.
Recipients of personal data may be the subjects specified in Appendix 2 to this Information Memorandum.
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| 2.5.1. |
Pursuant to the relevant legal regulations, the Organiser is entitled or obliged to convey your personal data to:
| (a) | the competent public service authorities, courts and bodies responsible for penal proceedings, with a view to meeting their obligations and with a view to executing judgements; |
| (b) | other parties within the scope stipulated by legal regulations, e.g. third parties for the purposes of the Organiser's debt recovery on behalf of the participants. |
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| 2.5.2. |
With our consent and to the extent under 2.2.2, we also convey your personal data to:
| (a) | other parties with a view to disseminating of information, offering of products and services provided by the Organiser and/or other parties pertaining to the NPDF (with the exception of cases of direct marketing, for which the Organiser does not need to obtain the participants' consent). Should you grant your consent, we shall convey your personal data in this manner fully in compliance with the other terms and conditions specified in this Information Memorandum, particularly in connection with the purposes and the scope of personal data processing, and the set period of time during which your personal data will be processed. |
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| 2.6. | Transfers of personal data abroad |
| 2.6.1. |
Transfers of personal data within the EU and the EEA
We do not transfer your personal data outside the Czech Republic or other countries of the European Union ("EU") and the European Economic Area ("EEA"), or countries whose personal data protection regulations do not comply with those approved as appropriate by the European Commission. Should the Organiser proceed otherwise, it shall communicate to you the relevant information in accordance with Article 13, Section 1, letter f) of the Regulation.
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| 2.7. |
The period for which personal data is processed
The Organiser only processes the participants' personal data over the period of time that is necessary with regard to the purposes of their processing. We continuously assess whether it is still necessary to process certain personal data inevitable for certain purposes. Should we ascertain that the data are no longer necessary for any of the purposes for which they have been processed, we shall destroy the data. In this respect, it holds true that the personal data processed by the Organiser:
| (a) | with the aim to perform a contract, the personal data are processed throughout the duration of the contractual relationship pertaining to a participant; |
| (b) | with the aim to comply with a legal obligation, the personal data are processed over the time set by the relevant legal regulation; |
| (c) | with the aim to pursue the rightful interests of the Organiser or third parties, the personal data are processed over the time of the duration of such rightful interests, unless a circumstance occurs that may result in earlier termination of the processing (e.g. an objection raised against processing of personal data for the purposes of direct marketing), personal data are generally processed over the time of the duration of the respective period of limitations; |
| (d) | on the basis of your consent, the Organiser processes your personal data over the period of time for which the consent has been given, or until the time you have revoked your consent; unless stipulated otherwise, the consent is granted for the maximum standard period of 10 years. |
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| 2.8. |
Right to revoke consent
In this Information Memorandum, we have striven to explain the reasons why we need your personal data and why, for certain purposes, we are only allowed to process them after having been granted your consent. You are not obliged to grant your consent to the Organiser to process your personal data, while you are entitled to revoke your consent at any time. We would like to point out that we are entitled to process certain personal data for certain purposes even without having been granted your consent. Should you revoke your consent in such a case, we will suspend processing of the respective personal data for the purposes requiring your consent, yet we may be entitled, or obliged, to continue to process the same personal data for other purposes.
In the event that you do not grant or revoke your consent, we may:
| (a) | adapt in a commensurate manner the availability, scope and conditions of the provision of some of our products and/or services, or |
| (b) | refuse to provide you with our products and/or services, if we gather that such a consent is necessary for provision of a product and/or service under the given conditions. |
In the event that you wish to revoke your consent to having your personal data processed, you should either approach the Organiser in person or contact the Organiser at the address Za Hanspaulkou 856/5, 160 00 Prague 6, or contact the Organiser in writing at the same address, or by sending an email to the address info@praguedancefestival.cz, or by calling the telephone number +420 602 817 466.
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| 2.9. |
Sources of personal data
We acquire the participants' personal data in particular:
| (a) | from the participants themselves, e.g. when concluding with them contracts pertaining to the Organiser's products and services, or when the participants use these products and services, etc.; |
| (b) | from publicly available sources (public registers, records and lists); |
| (c) | from third parties authorised to handle the participants' personal data and disclose such data to the Organiser under defined terms and conditions; |
| (d) | from parties interested in the Organiser's products and services within marketing projects and campaigns; |
| (e) | in connection with our own activities, through processing and assessing other personal data of the participants. |
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| 2.10. | Right to require access to personal data |
| 2.10.1 | If you ask us to provide you with information pertaining to the processing of your personal data, we will provide you with all the respective information and confirm what type of information about you we process, and we will also allow you to access such personal data and information, as well as specify the purposes for which your personal data are processed, the categories of the personal data processed, the recipients or the categories of recipients that have been allowed access to your personal data, as well as the period over which your personal data have been planned to be processed, or, if impossible to define, the criteria applied to set this period. |
| 2.10.2 | Upon meeting other preconditions, you are entitled to ask the Organiser to rectify or erase your personal data, or to restrict the scope of their processing. You are entitled to raise an objection against the processing of your personal data, and you are entitled to lodge a complaint regarding the processing of your personal data with the Office for Personal Data Protection. |
| 2.10.3 | Furthermore, in the case that we have not acquired your personal data from you, you are entitled to request that we provide you with the information about the source from which we have acquired them, and you are entitled to request that we inform you of the cases of decision-making solely based on automatic processing of your personal data, including the method applied and the significance and presumed consequences for you. |
| 2.10.4 | Upon your request, we will provide you free of charge with a copy of the list of your personal data processed. Yet we are entitled to charge you for more copies a fee commensurate to the administrative costs. |
| 2.11. | Right to rectification and completion of personal data |
| 2.11.1 | You are entitled to ask us to rectify or complete your inaccurate or incomplete personal data, which we are obliged to do without undue delay. |
| 2.12. | Right to erasure ("right to be forgotten") |
| 2.12.1. |
Unless prevented by the obligations arising for the Organiser from legal regulations or the necessity to keep personal data with a view of the Organiser's legal protection, you are entitled to ask the Organiser to erase without undue delay the personal data pertaining to you, if:
| (a) | the Organiser no longer needs the personal data for the purposes they have been gathered or otherwise processed; |
| (b) | you revoke your consent, on the basis of which the Organiser processes your personal data, and there is no other legal reason for their being processed; |
| (c) | you raise objections against the processing of your personal data, or there are no prevailing justifiable reasons for their processing on the part of the Organiser, or when it concerns processing in the form of direct marketing; |
| (d) | the Organiser processes personal data unlawfully; |
| (e) | personal data must be erased with a view of meeting a legal obligation stipulated in a legal regulation pertaining to the Organiser. |
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| 2.13. | Right to restriction of processing |
| 2.13.1. |
You are entitled to ask the Organiser to restrict the processing of your personal data, if:
| (a) | you object to the inaccuracy of your personal data, for a period necessary for us to verify the accuracy of your personal data; |
| (b) | the processing is unlawful, yet you will refuse to have your personal data erased and instead require that their use be restricted; |
| (c) | the Organiser no longer need the personal data for the purposes of their processing, yet you will request the data with a view of defining, executing or defending of legal titles; |
| (d) | you raise an objection against the personal data processing (for a purpose other than direct marketing), until such time as when it has been verified whether the Organiser's rightful reasons prevail over your rightful reasons. |
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| 2.13.2. | If the processing of personal data is restricted, the Organiser will only process the data, except for their storage, with your consent, or by reason of defining, executing or defending legal titles. |
| 2.13.3. | If the Organiser restricts the processing of your personal data upon your request, you will be notified in advance in the event that the restriction of the processing is cancelled. |
| 2.14. | Right to data portability |
| 2.14.1. | If the Organiser processes your personal data in an automated manner on the basis of the consent granted by you or on the basis of a contract concluded, you will be entitled to receive the personal data pertaining to you, which you have provided to the Organiser, in a structured, commonly used and machine-readable format. |
| 2.14.2. | If technically feasible, and unless hindered by other reasons, the Organiser will upon your request convey your personal data to another administrator that you yourself have determined. |
| 2.15. | Right to object to processing |
| 2.15.1. | We would particularly like to draw your attention to the fact that in the case that the Organiser processes personal data for the purposes of direct marketing or another reason arising from the Organiser's justified interest, you are entitled to raise an objection at any time against the processing of the personal data pertaining to you. In such a case, we will not process your personal data until such time as when we have proved the existence of serious justifiable reasons for the processing, which would prevail over your interests or rights and freedoms, with the exception of processing of personal data with a view to defining, executing or defending legal titles. |
| 2.15.2. | Should you object to processing of your personal data for the purposes of direct marketing (including profiling), we will no longer process your personal data for such purposes. |
| 2.16. |
Right to lodge a complaint with the Office for Personal Data Protection
You are entitled to lodge a complaint regarding the processing of your personal data with the Office for Personal Data Protection.
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| 3. |
The Organiser as a personal data processor
In certain cases, the Organiser also handles the participants' personal data by deputy of another entity (another administrator). So as to obtain further information, it is always necessary to contact a specific personal data administrator, unless the Organiser has not been authorised to provide the required information in a particular case.
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| 4. |
Force and effect of the Information Memorandum
This Information Memorandum came into force and effect on 24 May 2018. The current wording of the Information Memorandum is available to the public on the Organiser's website www.praguedancefestival.cz , and it is also available at the venues where the Prague Dance Festival takes place.
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| Appendix 1 - Scope of the personal data processed |
| 1. | Identification data - particularly include such data as the first name, surname, date of birth, signature, bank account number and ID card number. |
| 2. | Contact data - contact telephone numbers, postal addresses, email addresses, and other similar contact data. |
| 3. | Personal data acquired in connection with provision of our products and services - they include personal data acquired within our interaction, particularly the data serving to ensure security of communication, and communication records. |
| 4. | Photographs and audio-visual recordings made during the course of and in connection with the NPDF. |
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| Appendix 2 - Recipients of personal data |
Pursuant to the article of the Information Memorandum, titled Recipients of personal data (2.5), recipients of identification, contact and other personal data of the participants, as specified in Appendix 1, may be subjects falling within one of the following categories of providers of products and services for the NPDF:
| • | Providers of accommodation services, |
| • | Providers of interpreting services, |
| • | Providers of rehearsal music accompaniment services and other services entailing artistic consultations and specialist assessment, |
| • | Providers of transport, transfer and postal services, |
| • | Providers of information and communication technology services, |
| • | Providers of marketing services, |
| • | Providers of accounting services, |
| • | Providers of legal services. |
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