CUPRA BORN DRAW

CUPRA BORN DRAW PRIVACY NOTICE

This Privacy Notice explains what we do with your personal information in relation to the CUPRA Born Draw Promotion (the "Promotion") in accordance with the EU GDPR, the UK GDPR, the Data Protection Act 2018 and other applicable data protection laws (the “Data Protection Laws”). This Privacy Notice is supplementary to the Promotion terms and conditions (https://www.cupraofficial.co.uk/prizedrawtandc) (“Promotion T&Cs”).

This Privacy Notice is provided by SEAT, S.A.  (“we”, “us”,  our”, or “CUPRA”) acting as data controller, with registered office at Autovía A-2, Km. 585, Martorell (08760), Barcelona, SPAIN, and registered in the Barcelona Commercial Registry, in volume 23662, folio 1, page B-56-855, and holder of tax identification number A-28049161, in our capacity as a promoter of the Promotion. CUPRA, including the SEAT brand, is a trading division of the Volkswagen Group.

This privacy notice refers to the term "Boosted Creators" which means a TikTok creator who has responded to TikTok's challenge and whose User Content (defined below) has been selected by CUPRA to benefit from enhanced promotion via TikTok. A Boosted Creator is not eligible to win the prize of the Promotion.

CUPRA will be responsible for the following purposes and information about you:

1.       Personal data we collect about you

a.   For all participants and Boosted Creators: we will collect and use the following types of personal data:

·     account and profile information, such as name, username, TikTok handle, TikTok code, and profile image;

·     user-generated content, such as comments, photographs, audio recordings, video provided in response to the TikTok challenge, text, hashtags, and virtual item videos that you choose to create with or upload to TikTok ("User Content"); and

b.   If you are the winner, in addition to the above, we will also collect:

·     identity data, such as: full name, title, date of birth, tax residence, country of residence and gender;

·     your contact data, such as postal address, email address, and telephone numbers; and

·     any information you choose to provide to us in communications using TikTok's messaging functionality.

If you do not provide your information to us, or do not comply with the Promotion T&Cs, you will not be able to participate in our Promotion. If you are a potential winner, and you do not provide us with the information requested by us for the purposes of the prize fulfilment, then we will not be able to confirm and provide your prize.  

c.   Other individuals who do not participate in the Promotion:

·     We may also process personal data of other individuals who have not entered into the Promotion but who feature in a participant's User Content (including images, audio, comments, hashtags and other text generated as part of User Content). Where such individuals feature in your User Content, you agree that to obtain their permission to use their personal data for the Promotion.

2.       How is your personal data collected?

a.   We collect your personal data via:

·     direct interactions with you: if you are the winner, we will collect personal data that you give to us by completing forms or sending us communications (e.g. by post, phone, email or otherwise);

·     third parties: we will receive personal data about you from TikTok (e.g. account and profile information and User Content).

3.       How we use your personal data for the Promotion

Whilst we use automated decision making as part of the Randomised Selection, we do not make automated decisions when processing your personal data for other purposes.

4.       Who will your data be shared with?

a.   For all individuals, we receive and share your personal information with the TikTok platform. For more information about how TikTok processes your personal data, please consult their privacy notice at: https://www.tiktok.com/legal/page/us/privacy-policy/en.

b.   If you are a participant, we use external providers that process your personal data for this Promotion as part of the services (such as hosting and cloud services, security and/or promotional administration) which they offer to us.

c.   If you are the winner, in addition to the above, your data may be disclosed to our UK affiliate (Volkswagen Group UK Limited) as well as CUPRA dealers to whom the prize is delivered. We may also disclose your data for the fulfilment of any applicable legal obligations.

5.       International transfers

a.   In certain circumstances, we share your personal data with organisations who are based outside of the UK and EEA e.g. Salesforce.com Inc. registered office at The Landmark, One Market Street, San Francisco, CA 94105, United States of America who provides CRM and data hosting services.

b.   Whenever we transfer your personal data out of the UK or EEA we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

                  i.     we will only transfer your personal data to countries that the UK or EEA has deemed to provide an adequate level of protection for personal data in accordance with the Data Protection Laws; or

                 ii.     we use an approved UK or EEA transfer mechanism which gives your personal data the same protection it has in the UK (e.g. in the context of the UK, an international data transfer agreement, or in the EEA, standard contractual clauses).

c.   We take steps to ensure that our service providers process your data in accordance with the Data Protection Laws, only use it in accordance with our contract with them and keep it secure. If you would like more information about our processors or transfer mechanisms used, please contact our DPO as set out in paragraph 9 below.

6.       Data security

a.   We strive to implement appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. We aim to ensure that the level of security is appropriate for the risks presented.

b.   In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

c.   We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

7.       Data retention

a.   We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

b.   If you are not successful in the Promotion, we will delete your personal data collected for the Promotion within the period of 5 years following the selection of the winner.

c.   If you are the winner, as part of the Promotion, we will securely retain your personal data until 5 years after the completion of the Promotion, all elements of the prize and any related publicity activities. After this date your personal data will be deleted.

8.       Your data subject rights

a.   Under certain circumstances, you have rights under data protection laws in relation to your personal data:

·       request access to your personal data;

·       request correction, erasure or restriction of your personal data;

·       object to processing of your personal data;

·       request that your personal data is ported (portability);

·       right to withdraw consent.

b.   If you wish to exercise any of the rights set out above, please contact us at privacy@cupraofficial.com.

c.   You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK regulator for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

d.   You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.  In order to comply with your request, we may also need to request additional information to verify your identity.

9.       How to contact us:

If you have any questions about this Privacy Notice or how we handle your personal information, please contact us at privacy@cupraofficial.com. Finally, you can get in contact with our DPO at dataprotection@seat.es

This version was last updated in April 2023