General Terms & Conditions of Participation & The Privacy Policy for Giveaways

General Information

Status as of: xxx

By participating in the giveaway, you, as the participant:
1) Acknowledge and agree to the specific General Terms and Conditions for Participation and accept their exclusive validity, and:
2) Confirm that you have read and understand our Privacy Notice.

All the following provisions apply, unless otherwise stated in the description of the giveaway.

Any inquiries regarding giveaways should exclusively be directed to the organisers of the giveaway:
Email: global@ecco-verde.com

The giveaway is organised by Ecco Verde, an online shop with the web address of www.ecco-verde.com belonging to the niceshops Group:


niceshops GmbH
Saaz 99
8341 Paldau

Austria

If the giveaway is organised on a social media platform (“Social Media Giveaway”) these platforms may include:

  • Facebook Inc (Meta), based in the USA
  • Instagram (Meta), based in the USA
  • TikTok Pte. Ltd., based in China

Giveaways are not affiliated with these social media platforms, and are not sponsored, endorsed, or organised by these social media platforms.

Participation

Participation is open to legally competent natural persons who are at least 16 years old at the time of entry, who meet the entry requirements for the giveaway (as described in the giveaway description or announcement).

If a purchase is required to participate in the giveaway, the cost of this/these product(s) may not be higher than would otherwise be if the product(s) were not linked to the giveaway.

The participants are responsible for the accuracy of the (contact) information they provide. Each participant is only allowed to participate in the respective giveaway once. Multiple entries by the same person will only be counted once.

Ecco Verde employees and employees of the niceshops Group are not eligible to participate in the giveaway.

The following applies to giveaways through social media:

"Participation" is defined as a public contribution or interaction ("entry") with the organiser's public giveaway post, by commenting or contributing texts, photos, videos, or other such works to the post, or through special interactions such as "likes", "shares", etc. A user account on the respective social media platform is required to participate. The type of entry required for participation is described in detail in the giveaway post. Each participant may only enter the competition once. This also applies if the giveaway is offered on several social media platforms simultaneously.

Participation in social media raffles is free and independent of the purchase of goods or services from Ecco Verde or other online shops or companies from the niceshops Group. The purchase of goods or services does not increase the chances of winning.

The Giveaway Procedure

Information regarding the giveaway procedure, how to participate, how long the giveaway period is active (when it starts and ends) and the prize to be won can be found directly in the description of the respective social media giveaway post.

Only entries submitted via the respective social media platforms by the end of the giveaway period (that are visible on the platform) will be considered when choosing the winner.

The following also applies to social mediate giveaways: Entry contributions must be accessible on the respective social media platform until the winners have been announced.

The giveaway organizers do not guarantee that the social media platforms through which the giveaway is offered will function properly at all times. If an entry is late or incomplete due to technical issues or problems with the platform, it cannot be considered for the giveaway.

The Determination and Notification of the Winner(s)

The winner(s) will be determined within 3 business days after the giveaway closes, as follows:

For raffles: winners are determined using a random drawing. Taking into account the Six-Eyes Principle (three impartial employees from the organization supervise the drawing), all participants are assigned a number. These numbers are placed in a container that the employees cannot see into. One of the employees draws one or more random winning numbers. The participants corresponding to those numbers are then the winners.

For competitions: Competition winners are determined by a jury as follows: At least three unbiased employees from the organization form the jury and evaluate or judge the entries received according to various criteria, such as originality, creativity or technical execution. The winner is determined by the number of points the entry is awarded according to the various criteria. The entry with the most points wins.

For other interactions: especially social media giveaways: Winners of giveaways that require certain social media interactions by third parties to win (e.g. "the photo or the comment with the most reactions wins") are determined as follows: The entries at the end of the competition that best meet the required competition criteria, or have the highest number of interactions, win.

Winner notification: The winners will be informed by the organizer via the contact information they provided, that they have won the competition. The winners will be asked to reply to the organizers to exchange the data needed to receive their prize.

Winners who do not report back to the organizers within 14 days of receiving notification of their win will lose their claim to the prize. In this case, the prize will be drawn or awarded again among the remaining participants. Spam folders or similar folders must be checked for prize notifications.

Winners are not obligated to accept their prize.

Insofar as the prizes are not the niceshops Group's own products, warranty claims cannot be made. The illustration or photo of the prizes used in the giveaway or competition may differ from the actual prize.

Entitlement to prizes may not be assigned or transferred. Cash settlements are not possible.

In the event that the prize was obtained through manipulation, a violation of the law or a breach of the conditions of participation, the prize can also be subsequently withdrawn and/or reclaimed.

Cancellation / Termination / Exclusion

Participants who (attempt to) manipulate the giveaway or participation in it can be excluded from the competition by the organiser.

Organisers can also exclude participants from the competition who send spam or entries that violate applicable laws, offend common decency or provide false information about themselves or their social media account.

Legal Responsibilities of the Participants

The participants agree not to contribute things that infringe on the rights of third parties or that violate applicable laws, in particular applicable data protection laws.

The following also applies to social media giveaways: Any contribution to the giveaway can be accessed publicly in accordance with the respective social media platform and remains visible even after the end of the competition. Each participant is free to delete their own participating contributions at any time of their own volition, or is free to ask the organizers for support deleting the entry as needed.

Choice of Law and Dispute Resolution

The giveaway is exclusively subject to Austrian law. However, this choice of law must not lead to consumers being deprived of the protection that they are granted by mandatory regulations in their country of residence (cf. Art. 6 para. 2 Rome I-VO). The application of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention) and reference standards cannot be applied.

We participate in an alternative dispute resolution procedure for consumers through the following alternative dispute resolution body: https://www.ombudsstelle.at

You may also submit your complaint to us directly at: global@ecco-verde.com

Privacy Notice

The following applies unless otherwise described in the description of the giveaway.

This Privacy Policy describes how your personal data is processed. Insofar as Ecco Verde is responsible for the processing of your data, as defined by Art. 4 Z 7 of the GDPR, your data will be processed in joint responsibility pursuant to Art 26 GDPR with the niceshops Group (hereafter referred to as "we").
We will be happy to provide you with the essential aspects of our joint responsibility agreement upon request.

For more information about www.ecco-verde.com's Privacy Notice, please see our General Data Protection Policy.

Purposes and Categories of Data Processing

We process the following categories of your personal data (listed below) exclusively for the purpose of conducting and processing the competition and transferring the prizes to the winners, including the delivery of the prizes.

Specifically, we process the following data:

  • First and last name
  • Email address
  • Phone number
  • Postal address
  • If applicable, proof of age
  • The profile name from your social media profile ( first and lastname, or pretend name)
  • Participating contributions (comments, contributions through text, photos, videos or other works or through special interactions such as “likes”, “shares”, etc.);

If we also want to process your personal data for marketing or advertising purposes, this will be clearly communicated in advance in the respective giveaway post. In such cases, we will seek separate, voluntary consent that will not affect your ability to participate or your chances of winning.

Nevertheless, we ask that you only take part in the sweepstakes if you consent to the publication of your entry.

Important note: All participants acknowledge that if they win, their first name, the first letter of their last name and any participating entries submitted will be published on the respective social media platform in order to announce them as the winner. This is due to the legal obligation of the organizer to transparently present the outcome of competitions.

There is no obligation to provide us with your personal information. However, we cannot fulfil our contractual obligations if you do not provide us with your personal data.

Legal Basis of the Data Processing

The way your personal data is processed in connection to the giveaway has to do with the legal basis of carrying out pre-contractual measures or the fulfilment of a contract (Art. 6 para. 1 lit b GDPR) and our overriding legitimate interests in ensuring that the competition runs smoothly (Art. 6 Paragraph 1 lit f GDPR). Without providing your data, we cannot meet our contractual obligations. If you do not want your data to be processed, we ask that you do not take part in the competition.

If consent was given in the course of participation, the processing of the data is based on Art. 6, para. 1 lit a GDPR. This consent can be revoked at any time. Please note, however, that the revocation of consent does not affect the lawfulness of the processing carried out on the basis of consent up to the point of revocation.

Transmission of Your Personal Data

If needed for the above-mentioned purposes, your personal data may be transferred to the following types of recipients:

Service Provider and Data Protection Information of the Provider Description Place of Processing Legal Bases for Data Transmission
Giveaway event partners or sponsors (which will be announced in the description of the competition, if applicable) Provision or sponsorship of the prizes EU/EEA Fulfilment of the contract (Art 6 para 1 lit b GDPR). Joint responsibility according to Art 26. GDPR).
Freshworks GmbH Germany Communication with the winners over email EU/EEA, occasionally in the USA if you contact us via social media platforms Fulfilment of the contract (Art 6 para 1 lit b GDPR) and overriding legitimate interests (Art 6 para 1 lit f GDPR). Order processing in accordance with Art. 28 GDPR under the conclusion of the final standard data protection clauses in accordance with Art. 46 Para. 3 point a GDPR.
CallOne GmbH Communication with the winners over the phone EU/EEA Fulfilment of the contract (Art 6 para 1 lit b GDPR) and overriding legitimate interests (Art 6 para 1 lit f GDPR). Order processing in accordance with Art. 28 GDPR.
Logistics service providers or drop-shipping/route service providers
(Data protection information according to the website of the selected provider)
Transport or delivery of the winnings Usually EU/EEA – but also to third countries in exceptional cases Fulfilment of contract (Art. 6 Para. 1 point b GDPR). If recipients are in a third country without a valid adequacy decision – Art. 49 Para. 1 point b and e GDPR.

Collection of Data from Other Sources (Art. 14 GDPR)

For social media giveaways, we receive data from the following sources, depending on which social media platforms the giveaway is offered on, including:

  • Facebook Inc (Meta), based in the USA
  • Instagram (Meta), based in the USA
  • TikTok Pte. Ltd., based in China

We obtain the following data from these sites:

  • Information that you enter that is publicly accessible on the social media platform
  • Information you provide to us via the social media platform

We only process this data to the extent necessary to identify the winners.

Duration of Storage

Your personal data will only be stored for as long as is necessary for the purposes mentioned above. We are subject to statutory storage obligations and can also only store your data for as long as is necessary to defend any alleged legal claims.

Your Rights in Relation to Your Personal Data

We would like to inform you that, provided the legal requirements are met, you have the right to:

  • Request information about which of your data was processed (for more details, see Art. 15 GDPR)
  • Request the correction or completion of incorrect or incomplete data (for more details, see Art. 16 GDPR)
  • Request the deletion of your data (for more details, see Art. 17 GDPR), as long as deleting this data does not conflict with any retention obligations
  • Ask us to restrict the processing of your personal data (for more details, see Art. 18 GDPR)
  • Request data portability: receive a receipt of the data you've provided in a structured, common and machine-readable format (see Art. 20 of the GDPR)
  • Object to the processing of your data based on Art. 6(1)(e) or (f) of the GDPR (see Art. 21 of the GDPR for more details). This applies in particular in relation to the processing of your data for advertising purposes.
  • Withdraw your consent at any time, insofar as we process your data on the basis of your consent. This does affect the lawfulness of the processing that took place prior to your withdrawal based on your consent (Art. 7 (3) GDPR).
  • If, contrary to expectations, your right to the lawful processing of your data is violated, please contact us. We will do our best to answer your request as quickly as possible, at the latest, within the statutory period of one month.
  • You also have the right to lodge a complaint with the supervisory authority responsible for data protection.

Contact Details for the Responsible Parties

If you have any questions or concerns about the processing of your personal data, please contact us at:

Ecco Verde, a webshop by:
niceshops GmbH
Saaz 99
8341 Paldau

Austria

Email: global@ecco-verde.com

The contact details for the Data Protection Officer at the niceshops Group are:
Email: privacy@niceshops.com
Postal address: niceshops GmbH, c/o the Data Protection Officer, Annenstrasse 23, 8020 Graz, Austria.

For individuals and authorities in the United Kingdom, a representative has been appointed for data protection matters concerning the niceshops Group in accordance with Article 27 of the United Kingdom General Data Protection Regulation (UK GDPR). The contact details of our representative are:
Email: info@rgdp.co.uk
Postal address: RGDP LLP, Level 2, One Edinburgh Quay, 133 Fountainbridge, Edinburgh, EH3 9QG, Scotland.
Please include “niceshops / Ecco Verde” in the subject line when contacting our representative to ensure your request can be processed promptly.

Any use of this data protection declaration, or even parts of it, without the consent of the author, constitutes a violation of copyright.