EU Privacy Policy

1. NAME AND CONTACT DETAILS OF THE CONTROLLER, COMPANY DATA PROTECTION OFFICER AND COMPANY REPRESENTATIVE

This Privacy Policy applies to data processing by

Promax International/BPME, a California not-for-profit corporation, sometimes d/b/a Promax International, Promax, PromaxBDA, and Promax/BDA, 5700 Wilshire Blvd #275, Los Angeles, CA 90036, USA

regarding your use of its website https://promaxbda.org and related subpages (all together “Sites”).

In this Privacy Policy, references to "GDPR" mean Regulation (EU) 2016/679 (General Data Protection Regulation).

2. COLLECTION AND STORAGE OF PERSONAL DATA / TYPE AND PURPOSE OF THEIR USE

2.1. Automated collection

When you visit our Sites, the browser on your device automatically sends information to the server on the respective Site. The following information is recorded without your intervention:

  • IP address of the requesting device,
  • Device identifier,
  • Date and time of access,
  • Name and URL of the retrieved file,
  • Website from which access is made (referrer URL),
  • The browser used and, if applicable, the operating system of your computer as well as the name of your access provider.

The above data will be processed by us for the legitimate interests set out below (Art. 6 para. 1 sentence 1 lit. f GDPR):

  • To ensure a smooth connection of the website,
  • To ensure comfortable use of our website,
  • To evaluate system security and stability; and
  • For other administrative purposes.

We do not store any of the above data permanently. Under no circumstances do we use the data collected for the purpose of drawing conclusions about you personally.

In addition, we use cookies and other analysis tools (incl. tracking technologies) when you visit our website. You will find more detailed explanations under Sections 4 and 5 of this Privacy Policy.

2.2. When creating a user account

If you want to create a user account, we collect your name, e-mail address, user name, password, country. You can further voluntarily provide information on your company and chose on e-mail news topics you wish to receive updates to (see Section 2.5 below).

Your personal data will be processed in order to create and administrate your user account. Our legal basis for this processing is so we can take the steps required in order to enter into any potential contract with you (Art. 6 para. 1 sentence 1 lit. b GDPR).

We will retain your data as long as your user account exists.

2.3. When subscribing for a membership

If you want to subscribe for a membership you can do so only, if you created a user account. You will be asked in addition to provide further payment information.

We need this data in order to enter into the membership contract with you (Art. 6 para. 1 sentence 1 lit. b).

We will retain your data for the duration of your membership and applicable statutory data retention obligations.

2.4. When using our contact form

If you have any questions, we offer you the opportunity to contact us using the contact form provided on the Sites. You are required to give your name and e-mail address. You can voluntarily provide your phone number for easier contact. We collect such personal data, as we have a legitimate interest to know who sent the request and to be able to respond to it (Art. 6 para. 1 sentence 1 lit. f GDPR).
The personal data collected by us for the use of the contact form will be automatically deleted after your request has been processed.

2.5. When applying for a job vacancy

Our Sites further offer the opportunity to apply for professional development programs and job vacancies.

(a) Professional development programs

If you apply for professional development programs you are either asked to fill out an online form/survey or complete a PDF and send such PDF to us. The application to such programs requires the collection of different categories of your personal data, such as your name, e-mail address as well as resume data. As indicated within the specific process, some personal data can be provided voluntarily.

The data will be processed merely for the purpose of your application. Our legal basis for processing such data is for the purposes of recruitment (Art. 88 GDPR), in conjunction with applicable national laws (such as Section 26 of the German Data Protection Act). In the absence of national laws, we need this data in order to enter into a contract of employment with you (Art. 6 para. 1 sentence 1 lit. b GDPR).

In case the program does not lead to an employment (e.g. mentoring programs) your personal data will be processed for your application of such program and the personal data is required to enter into a respective contract (Art. 6 para. 1 sentence 1 lit. b GDPR).

The personal data collected by us for the use will be automatically deleted after the application process is finally closed. In case of employment are participation in the respective program your personal data will be stored for the duration of your employment or of the program.

Please note, we do not ask for and do not recommend sending any special category of personal data, such as data related to your health, through our application tool. If you wish to do so, please use an alternative method, such as application by mail or secured e-mail.

We might use third-party service providers, which process the data on our behalf (e.g. for online application surveys).

(b) Career center

We offer a career center available under https://jobs.promaxbda.org/ (“Career Center”). The Career Center allows user to post job opening as well as to apply for such openings. The Career Center is hosted and serviced on our behalf via JobBoard.io a product of ZipRecruiter, Inc. (California, USA).

You can register a user account in order to apply for a job or post a job opening. When you register as job seeker, we collect your e-mail address, name and password. When you register as employer we collect your contact email address, your company and also your password. You might provide further information on a voluntarily basis.

When you post a job offering, we collect your contact e-mail address as well as further information on the position you are posting.

We process the above personal data only in order to provide you with the services offered via our Career Center (i.e. apply to job opening or post job offers).

We process your data on the basis of our legitimate interest (Art. 6 para. 1 sentence 1 lit. f GDPR). Our legitimate interest consists in the making available of such features and offering such features to our customers in order to enhance the attractiveness of their membership. Your data will be stored as long as your account exists.

Employers and job seekers have the option to make their profile publically available. If this function is activated their personal data will be publically listed within the Career Center and can be accessed by any third-party.

The Career Center does not offer any direct applications. Job seekers will be forwarded to the respective application site of the employer. This is a third party service. We have no control on the processing of your personal data by such third parties. For further information on their dealing with your personal data, you have to check the third parties privacy policy on their respective website.

2.6. Subscribing to our news and update services

If you have expressly consented, or where permitted in our legitimate interest, we will use your e-mail address or other contact information to send you information information or send you push-notifications via our event app on – depending on your choice – updates on conferences and events, daily briefs, award competitions, PromaxBDA membership and/or insights and tips (Art. 6 para. 1 sentence 1 lit. a and f. GDPR). Such information might contain promotions and advertisements of third-parties. These parties will not have access to your personal data.

You can unsubscribe at any time, for example via a link at the end of each information e-mail, by unsubscribing via the PromaxBDA user dashboard in the log-in area or sending an e-mail to memberservice@promaxbda.org.

2.7. Inclusion in the Member Directory, membership, attendee and speaker lists

If you have expressly consented, we publish your name, contact details as well as details of your company within the membership directory or other lists which might be available to members but also – depending on your consent – to the public.

We only do so, on the basis of your express consent (Art. 6 para. 1 sentence 1 lit. a GDPR). You can revoke your consent at any time for the future, by sending an e-mail to memberservice@promaxbda.org.

2.8. When registering and taking part in our events/awards

If you want to take part in our events or awards, we collect further information necessary to run the event. You need to subscribe for a membership in order to take part in our events.

We will process your personal data in order to provide you with the details to the event and the personal data is required to fulfil the respective contract (Art. 6 para. 1 sentence 1 lit. b GDPR).

Upon your express consent, we might prepare a photograph ID badge with your name, company/employer information and photograph for such events (Art. 6 para. 1 sentence 1 lit. a GDPR).

2.9. When taking part in our sweepstakes, contests and promotions

If you take part in our sweepstakes, contests, and other promotions (“Promotions”), we will process your personal data provided to us (such as name and contact details) to conduct these Promotions.

We will do so on in order to fulfil our contractual obligation (Art. 6 para. 1 sentence 1 lit. b GDPR) and/or in absence of a contract in our legitimate interest (Art. 6 para. 1 sentence 1 lit. f GDPR) for direct marketing and self-promotion.

If the Promotion is offered in co-operation with third-parties or if prizes contain services of third-parties, your personal data might be processed by these third-parties as well. These third-parties will process your personal data as controllers themselves. Please note, a special Privacy Policy might apply.

3. TRANSFER OF DATA

Unless expressly mentioned otherwise in this Privacy Policy we will only transfer your personal data to third parties if:

  1. you have given your express consent (e.g. to our affiliates for advertising purposes) (Art. 6 para. 1 sentence 1 lit. a GDPR),

  2. the disclosure is necessary to assert, exercise or defend legal claims and there is no reason to assume that you have an overriding interest worthy of protection in not disclosing your data (Art. 6 para. 1 sentence 1 lit. f GDPR),

  3. in the event that a legal obligation exists for the transfer (Art. 6 para. 1 sentence 1 lit. c GDPR), and

  4. this is legally permissible and is necessary for the processing of contractual relationships with you (e.g. agents vendors, consultants and other service providers (also as processors on behalf of us)) (Art. 6 para. 1 sentence 1 lit. b GDPR).

    Such transfer includes the transfer to our service providers performing hosting, mailing, maintenance, survey and/or marketing services on our behalf

4. INTERNATIONAL DATA TRANSFER

As service provider based in the USA, we are processing your personal data within the USA. This is required to fulfil our obligations under applicable contracts or based on your express consent (Art. 49 para. 1 lit. a and b GDPR). In case we use third party service providers outside the EU/EEA we will ensure an adequate level of data protection by implementation of reasonable measures (e.g. conclusion of EU Standard Contractual Clauses).

5. COOKIES

5.1. General

We use cookies with our services. These are small files that your browser automatically creates and that are stored on your device (laptop, tablet, smartphone, etc.) when you use our services. Cookies do no damage to your end device and do not contain viruses, Trojans or other malware.

Information is stored in the cookie that results in each case in connection with the specifically used terminal device. However, this does not mean that we immediately become aware of your identity.

The use of cookies serves on the one hand to make the use of our offer more pleasant for you. For example, we use session cookies to recognize that you have already visited individual pages of our website. These will be deleted automatically after leaving our site.

In addition, we also use temporary cookies that are stored on your end device for a specified period of time to optimize user-friendliness. If you visit our site again to use our services, it will automatically recognize that you have already been with us and what entries and settings you have made so that you do not have to enter them again.

On the other hand, we use cookies to statistically record the use of our website and to evaluate it for you for the purpose of optimising our offer. These cookies enable us to automatically recognize when you return to our site that you have already been with us. These cookies are automatically deleted after a defined period of time.

As far as it is necessary for the proper, efficient and secure running of our website the use of such cookies (“Necessary Cookies”) is based on our legitimate interest (Art. 6 para. 1 sentence 1 lit. f GDPR) in offering our Sites. In all other cases, your personal data collected through the cookies will be processed based on your prior express consent (Art. 6 para. 1 sentence 1 lit. a GDPR).

We use the service Cookiebot by Cybot A/S (Copenhagen, Denmark). Our website is configured in a way to only allow the placement of cookies, if you allow there placement via our cookie banner. You have the option to allow all cookies or to proceed with Necessary Cookies only. Please note, Necessary Cookies will be place even before you clicked on the cookie banner. You can revoke your consent by following the opt-out options described below or using the respective setting option provided through Cookiebot. You can access the settings by clicking on the “Cookies” link in the footer of the Sites.

Alternatively you can configure your browser that no cookies are stored on your computer or a message always appears before a new cookie is created. However, the complete deactivation of cookies can lead to the fact that you cannot use all functions of our website.

5.2. Cookie Overview

We provide an overview including the respective retention period on all cookies used on our Sites under “Cookies” in the footer of our website https://promaxbda.org.

5.3. Google Analytics

For the purpose of demand-oriented design and continuous optimization of our website, we use Google Analytics, a web analysis service provided by Google LLC (Mountain View, USA, “Google”). In this context, pseudonymized user profiles are created and cookies (see above) are used. The information generated by the cookie about your use of this website such as

  • Browser type/version,
  • Operating system used,
  • Referrer URL (the previously visited page),
  • Host name of the accessing computer (IP address),
  • Time of the server request,

are transferred to a Google server in the USA and stored there. The information is used to evaluate the use of the website, to compile reports on the website activities and to provide further services associated with the use of the website and the Internet for the purposes of market research and demand-oriented design of these Internet pages. This information may also be transferred to third parties if this is required by law or if third parties process this data on behalf of the company. Under no circumstances will your IP address be merged with other data from Google. The IP addresses are anonymized so that an assignment is not possible.

You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.

You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) and the processing of this data by Google by downloading and installing a browser add-on (https://tools.google.com/dlpage/gaoptout?hl=en).

Further information on data protection in connection with Google Analytics can be found in the Google Analytics Help (https://support.google.com/analytics/answer/6004245?hl=en).

5.4. JW Player

Our Sites use JW Player by LongTail Ad Solutions, Inc. (New York, USA; “LongTail”). When watching videos via the JW Player LongTail no personal data is transferred to LongTail.

We use a cookie to identifiy your player on our website. This is required in order for LongTail to authenticate our proper licensing of the player.

6. YOUTUBE

On our website you can watch videos that are integrated using plug-ins from YouTube LLC (San Bruno USA; "YouTube"). As soon as you visit a Site, on which such a YouTube plug-in is implemented, a connection to the servers of YouTube is established. Personal data is transmitted to YouTube, e.g. your IP address or which Site you are currently visiting.

If you are logged into your Google account at the same time you visit the respective Site, YouTube or Google may associate your surfing behavior with your Google user profile. You can prevent such processing by logging out of your Google account before clicking on the YouTube video.

On our web pages, the "privacy enhanced mode" for YouTube videos is activated. Only when you play the videos, the above described connection to the servers of the provider is established.

As this is the service of a third party, we have no influence on the processing of such data by YouTube or Google. The purpose and scope of data collection and the further processing and use of the data by YouTube or Google as well as your rights and setting options for the protection of your privacy can be found in the relevant information on data protection at https://www.google.de/intl/de/policies/privacy/.

The legal basis for processing is Art. 6 para. 1 sentence 1 lit. f GDPR. The purpose and the legitimate interest is, to increase our prominence and the attractiveness of our services.

7. RIGHTS OF THE PERSONS CONCERNED (DATA SUBJECTS)

You have the right:

  1. to request information about your personal data processed by us. In particular, you may obtain information about the purposes of processing, the category of personal data, the categories of recipients to whom your data have been or will be disclosed, the planned storage period, the existence of a right to rectification, deletion, restriction of processing or objection, the existence of a right of appeal, the origin of your data, if these have not been collected by us, and the existence of automated decision-making including profiling and, if applicable, the processing of your data. require meaningful information on their details (Art. 15 GDPR);

  2. to immediately request the correction of incorrect or complete personal data stored by us (Art. 16 GDPR);

  3. to request the deletion of your personal data stored by us, unless the processing is necessary to exercise the right to freedom of expression and information, to fulfil a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims (Art. 17 GDPR);

  4. to restrict the processing of your personal data (for example while we verify or investigate your concerns with this information) (Art. 18 GDPR);

  5. to receive your personal data in a structured, current and machine-readable format or to request its transfer to a third party (Art. 20 GDPR);

  6. to withdraw your consent to us at any time and therefore object to any further processing of your personal data (Art. 7 para. 3 GDPR);

  7. to object to the processing of your personal data pursuant to Art. 21 GDPR, including the right to object to marketing. Where the processing of your personal data is on the basis of our legitimate interests, you must provide reasons for this. If you would like to make use of your right of withdrawal or objection, simply send an e-mail to memberservice@promaxbda.org.

  8. If your request or concern is not satisfactorily resolved by us, you may approach your local data protection authority, (see http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.html) (Art. 77 GDPR).

8. DATA SECURITY

We 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 in line with technological developments.

9. VERSION AND AMENDMENT OF THIS PRIVACY POLICY

This Privacy Policy is currently valid and has the status as of June 2018.

Due to the further development of our Site and offers above or due to changed legal or official requirements, it may become necessary to change this Privacy Policy.