GiveAwayWinner only uses details of its users to facilitate the successful operation of the promotions. GiveAwayWinner will NEVER utilize details of registered users for any other reason.
GiveAwayWinner cannot be held responsible for the prizes, products or services offered to users through the promotions.
GiveAwayWinner offers the CLIENT the chance, if they desire it, to use a platform for randomly selecting promotion winners. This system allows you to choose the winners of a promotion. Under no circumstances can GiveAwayWinner be held responsible for any misuse of, or malfunction relating to, the platform for generating random prize draws.
Under no circumstances will GiveAwayWinner take part in the carrying out of a prize draw. Instead it places at the disposal of the CLIENT a tool for generating random combinations, as explained in this document.
GiveAwayWinner reserves the right to unpublish and delete any promotion at any time. The promotion administrator will be notified in advance. If he or she does not respond within 24 hours, the promotion will be unpublished.
The promotion administrator is responsible for complying with Facebook and Instagram’s promotion guidelines, and for conforming to the current legislation in the countries and/or territories affected by said promotion or contest.
The promotion administrator is responsible for the content and running of said promotion.
The promotion administrator is responsible for all the information, inserted and associated, of users who register for the promotion.
The administrator should indicate in the promotion's Terms and Conditions or Privacy Policy what use will be made of a participant's details and said administrator should obtain the consent of participants for treatment of their personal details.
The administrator is responsible for selecting and notifying the winners and for delivering the prizes, products or services offered in the promotion.
GENERAL TERMS FOR THE ACTIVATION OF PROMOTIONS AND CONTESTS VIA GiveAwayWinner APPLICATIONS
1.- WHAT IS THIS DOCUMENT?
This text is the CONTRACT that governs the relationship between GiveAwayWinner and You (the CLIENT) in contracting the activation of promotions with our GiveAwayWinner applications, whether it be via our website (www.GiveAwayWinnerapp.org).
Read this document carefully. Here are the conditions that govern contracting the activation of promotions and contests through an GiveAwayWinner application, the rights and obligations of both parties.
Please note that these General Conditions comply with the provisions of the current legislation on the subject.
2.- ACCEPTANCE AND VALIDITY OF THE GENERAL CONDITIONS
These General Conditions are binding for both parties. The CLIENT will be tied to each one of these General Conditions without exception upon contracting an GiveAwayWinner application, it being their obligation and responsibility to read them previously.
The CLIENT must accept these General Conditions. If you are not satisfied with them, do not proceed with the contracting process, given that such conditions will be applicable in all cases.
This contract will be binding and will remain valid for the length of time that your promotion is active. This is not withstanding the responsibilities that the CLIENT may incur from using the application.
3.- OUR PRODUCT: GiveAwayWinner APPLICATIONS
Upon signing up for the activation of a promotion or contest through the GiveAwayWinner application, the CLIENT acquires only a license or temporary rights of use of said application, through which the CLIENT can create and manage promotions and contests from his Instagram page. THE CLIENT receives no ownership rights over the application, or its contents, which are entirely owned by GiveAwayWinner.
GiveAwayWinner provides the CLIENT with a web platform with secure and protected access from which to create, configure, activate, contract and manage any type of promotion offered on this webpage: https://www.GiveAwayWinnerapp.org/
4. RIGHT OF CANCELLATION OF LICENSE AND TERMINATION OF THE CONTRACT
CANCELATION OF THE LICENSE AND TERMINATION OF THE CONTRACT BY THE CLIENT: The CLIENT may terminate this licensing contract and deactivate the contracted application at any time. To do so, THE CLIENT must send their cancelation request by email to info@giveawaywinner.org.
CANCELATION OF THE LICENSE AND TERMINATION OF THE CONTRACT BY GiveAwayWinner:
GiveAwayWinner may terminate this licensing contract and cancel and deactivate the promotion without giving any type of notice or prior notification to the CLIENT if it receives a report of misuse from Facebook, Instagram, Twitter, Google or any other relevant authority.
GiveAwayWinner may also terminate the present licensing contract and cancel or deactivate the application without giving any type of notice or prior notification to the CLIENT if Facebook or Instagram modify its promotions and/or applications policy in such a way as to make the use of the application contracted by the CLIENT unviable, whether for legal or technical reasons, or for any other reason that does not depend on GiveAwayWinner.
The termination of this contract for any reason will entail the finalization of any maintenance, performance or installation obligations that fall on GiveAwayWinner as a result of the application.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY
THE CLIENT recognizes and expressly consents that all copyright, trademark and other intellectual and industrial property rights over the application or over the contents supplied as part of the application belong at all times to GiveAwayWinner or to those who provided GiveAwayWinner license for its use. The CLIENT may not use said material unless they are expressly authorized to do so by GiveAwayWinner. However, they may print and download portions of material that are for their own non-commercial use, provided they agree not to change or delete any proprietary rights in said materials. The CLIENT agrees to use GiveAwayWinner website and its contents in accordance with the law and the General Conditions (and subsequent amendments thereto) as well as the generally accepted good practices, uses and customs of the internet and public order. The unauthorized use of the materials and information contained on the website may result in the violation of the legislation on intellectual or industrial property and other applicable laws. Any infringement of these rights may lead to proceedings in civil, judicial or penal courts.
Specifically, the CLIENT cannot use robots, spiders or other data mining or data extracting tools, nor manual processes for compiling or copying content or data related to the service in a form that is not authorized by GiveAwayWinner. THE CLIENT cannot use meta tags or any other "hidden text" using the GiveAwayWinner name and trademark without their authorization.
Likewise, through this clause, the CLIENT expressly authorizes GiveAwayWinner to display images of the CLIENT’s promotions, solely for the purpose of using them as content in GiveAwayWinner’s informative channels, and under no circumstances, GiveAwayWinner may display personal data being the property of the CLIENT.
This permission to use images of the CLIENT’s promotions will have no effect on the promotions made with GiveAwayWinner White Label version, without the express consent of the CLIENT.
GiveAwayWinner is committed:
The CLIENT recognizes, agrees and accepts that:
The application is standard software that has not been made to meet the individual specifications of each CLIENT.
It is not possible to run the application in such a way as to not incur errors under any circumstances, as said application may experience errors or even become disabled due to the modifications or technical incidences of third-party development platforms such as Facebook or Instagram.
7. GIVEAWAY TOOL
GiveAwayWinner declines any liability for information or content not directly managed by it.
In particular, GiveAwayWinner remains exempt from all liability as regards the content that the CLIENT incorporates, divulges, develops and manages through GiveAwayWinner applications, as well as the use that the CLIENT or third party makes of this content or of the GiveAwayWinner application itself. By way of example and without limitation to the following, GiveAwayWinner is in no way responsible for:
The quality or conformity of the products, services or prizes offered by the CLIENT through the application.
The compliance of tenders and promotion conditions.
The legality and/or veracity of the publicity, information, conditions and any content published by the CLIENT or by third parties, whether directly or through links.
The infringement of the rights of third parties or any other infringements arising from the content which the CLIENT incorporates into the application or from the use of said application.
The infringement of the rights of third parties or any other infringements that arise from the conduct, actions or contents of the promotions/contests that the CLIENT creates and/or manages through the GiveAwayWinner application.
Civil, criminal or administrative offences or any other liability for violations or illegal acts which are not derived from deliberate conduct by GiveAwayWinner.
The content of other internet pages which may be accessed via links in the GiveAwayWinner website.
THE CLIENT assumes all liability arising from the information and content that is incorporated in the use of the application and for that which derives from the use of the application itself; for the implementation of the content of their promotion and contests; and for ensuring that the bases and conditions meet the promotion guidelines of Facebook and Instagram, and the laws of their country/-ies and/or territory/-ies relevant to promotions or contests.
GiveAwayWinner is exempt from any liability to the CLIENT or third parties for problems with the application stemming from errors, malfunctioning or any technical incidences within Facebook or Instagram or any other third-party platform integrated into the GiveAwayWinner platform.
GiveAwayWinner will not be liable for any interruption or performance problems resulting from application modifications or changes made unilaterally by Facebook or Instagram in their software or platforms, nor in the conditions and policies of the social networks’ running of the applications and promotions contained within.
GiveAwayWinner will not be liable for any interruption or problems in the performance of the application resulting from exceeding the server's resources, viruses, malware, failures or any other technical issues not directly dependent on GiveAwayWinner.
In no event will GiveAwayWinner be liable for a breach in conditions of this contract if such a breach results from force majeure or situations beyond its control.
In no event will GiveAwayWinner be liable for the adequacy or success of the application in achieving the aims of the CLIENT, meaning that GiveAwayWinner will not be liable for said aim or its success, irrespective of whether or not it has been notified of said aim.
GiveAwayWinner excludes liability for damages of any kind, including lost profits, which may be due to the services provided by third parties via the website, including but not limited to: acts of unfair competition and illegal publicity as a result of the provision of services by third parties via the website; a lack of truthfulness, accuracy or completeness; errors, defects, relevance and/or timeliness of the content transmitted, distributed, stored, received, obtained, made available or accessible through the services provided by third parties via the website. The CLIENT will respond for damages of all kind that GiveAwayWinner may suffer as a result of a breach of any of the obligations to which they are bound under the General Conditions or the law in relation to the use of the website.
9. COMMUNICATION, SUPPORT AND ASSISTANCE
GiveAwayWinner offers the CLIENT a support and assistance service to answer and solve any questions or problems regarding the operation of the application via email at info@giveawaywinner.org.
10. APPLICATION MODIFICATION
GiveAwayWinner reserves the right to make improvements, substitutions or modifications to the application or application code at any moment, with the aim of adapting the product to changes in Facebook or Instagram or other platforms or introducing improvements in the operation of the product.
11. PRIVACY AND DATA PROTECTION POLICY
GiveAwayWinner complies with the requirements established in the General Data Protection Regulation (GDPR) and other applicable regulations.
GiveAwayWinner also informs by means of this document that it complies and is adapted to the privacy protection standards of the ISO / IEC 29100 standard.
DATA PROCESSOR AGREEMENT
GiveAwayWinner undertakes to comply with the obligations established in EU Regulation 2016/679 of the European Parliament and Council on 27 April 2016 concerning the protection of natural persons with regard to the processing of personal data and the free circulation of said data and repealing Directive 95/46/CE (General Data Protection Regulation) in accordance with the provisions of this clause.
By means of this agreement, GiveAwayWinner is authorized to process the personal data required for providing services of online campaigns and promotion management, including social media campaigns, on behalf of the promotion administrator (hereinafter the CONTROLLER), who remains responsible for said processing.
This agreement leaves room to access the data, but not to transfer or share personal information, meaning that the CONTROLLER continues to exercise control over the uses and objectives of the processing of the personal data.
GiveAwayWinner will not share the data without the express authorization of the CONTROLLER. However, it may share data with others who are authorized to process the data of the CONTROLLER in accordance with the CONTROLLER’S instructions, in which case the CONTROLLER will identify, in advance and in writing, the entity with which the data may be shared, what data is to be shared, and the security measures to be applied when sharing it.
All information classed as confidential that is shared between the parties for the provision of services covered by this agreement may only be used by the parties for this purpose. No party will disclose, either directly or indirectly, to any third party – without the prior written consent of the other – any information received from the other party in connection with this agreement.
GiveAwayWinner will make available to the CONTROLLER all the information necessary to demonstrate compliance with their obligations and will provide support to the CONTROLLER whenever appropriate.
Likewise, GiveAwayWinner will carry out a general description, whenever requested to do so by the CONTROLLER, of the technical and organizational security measures relating to: (i) the pseudonymization and encryption of personal data; (ii) the capacity to guarantee the permanent confidentiality, integrity, availability and resilience of the processing systems and services; (iii) the ability to restore availability and access to personal data quickly in the event of a physical or technical incident and (iv) the effectiveness of technical and organizational measures to ensure secure processing.
The processing will consist of storing personal data obtained from participants of promotions organized by the CONTROLLER. To this end, the CONTROLLER expressly accepts that GiveAwayWinner will keep promotion participants’ data for a maximum of five years and two months, at the end of which, GiveAwayWinner may proceed to delete the data, unless the CONTROLLER expressly requests the return of data, and this in accordance with the applicable regulations on data protection.
Notwithstanding the foregoing, GiveAwayWinner will provide administrators of the promotions organized by the CONTROLLER with the necessary tools for exporting the personal data of participants of promotions organized through GiveAwayWinner.
In all cases, GiveAwayWinner may keep a copy of the data, duly blocked, while any liability may arise from the provision of services.
GiveAwayWinner undertakes to assist, and cooperate with, the CONTROLLER whenever appropriate, in the following areas:
So that the CONTROLLER can comply with its obligation to respond to requests regarding the exercise of rights of the data subjects (access, rectification, deletion and opposition; limitation of processing; data portability; and not being subject to automated individualized decisions, including profiling). When the data subjects exercise the aforementioned rights before GiveAwayWinner, the latter must communicate this by email to the CONTROLLER, without undue delay. The communication will be accompanied by all other information that may be relevant to resolving the request.
To ensure that the CONTROLLER is able to fulfil the duties of applying the relevant security measures in the processing.
In the performance of impact evaluations related to data protection, whenever appropriate.
In the carrying out of prior consultations with the supervisory authority, whenever appropriate.
In the same way, GiveAwayWinner will notify the CONTROLLER by email, without undue delay, if it becomes aware of any security breach affecting the personal data in its charge. The communication will be accompanied by all information relevant for the documentation and communication of the incident.
Notification will not be necessary if it is unlikely that said security breach constitutes a risk to the rights and freedoms of natural persons.
If available, the following information, at least, will be provided: (I) a description of the nature of the personal data security breach, including, when possible, the categories and approximate number of those affected, and the categories and approximate number of personal data records affected; (II) the name and contact details of the data protection officer or other point of contact from which information may be obtained; (III) description of the possible consequences of the personal data security breach; (IV) description of measures adopted or proposals to remedy the personal data security breach; including, if applicable, measures adopted to mitigate possible negative effects.
If it’s not possible to provide all the information simultaneously, and to the extent that it’s not, the information will be provided gradually, without undue delay.
GiveAwayWinner and its staff will fulfil the following obligations:
To use the personal data being processed or collected for inclusion in the services described in this contract only for the purpose described in this section. In no case may GiveAwayWinner use the data for its own purposes.
To process the data in accordance with the instructions of the CONTROLLER. If GiveAwayWinner considers that any of instructions violates the Data Protection regulations it will inform the CONTROLLER immediately.
To ensure that those authorized to process the personal data have committed themselves expressly and in writing to respect data confidentiality and comply with the corresponding security measures.
To take measures to ensure that anyone acting under its authority who has access to personal data can only process that data in accordance with the instructions of the CONTROLLER.
Not to share the data with third parties without the express authorization of the CONTROLLER and in cases where the applicable data protection regulations so establish it.
To share data with other data processors in accordance with the CONTROLLER’S instructions. In this case the CONTROLLER will identify, in advance and in writing, the entity with which the data is to be shared, the data to be shared, and the security measures to be applied when sharing.
To make available to the CONTROLLER all the information required to demonstrate compliance with its obligations.
For its part, the CONTROLLER is obliged to ensure compliance with all the technical and organizational measures required to guarantee the security of the personal data, preventing any alteration, loss or unauthorized access.
The CONTROLLER is also obliged to inform GiveAwayWinner of any variation in the personal data provided so that it may be updated, and to comply with the applicable data protection regulations regarding the rights of contest participants as stipulated in the General Data Protection Regulation and other applicable regulations.
12. ENTIRE AGREEMENT
If any one of the provisions of this contract is rendered null and void, it will be ignored, but the rest of the agreement shall remain binding to both parties.