PRIVACY POLICY CONTENT SUBMISSION & BRAND AMBASSADOR PROGRAM

1. INTRODUCTION

Waltz Seven GmbH, reg.no FN 432623k (“ Waltz7”, “Waltz Seven GmbH”, “Waltz Seven”, “we,” “us” or “our”), Sieveringer Straße 103/1/2, 1190 Vienna, Austria will receive personal data about you when you chose to apply for being a Waltz7 brand ambassador through Brand Collaboration or if you upload content through our submission form. We will process your personal data for the purposes of evaluating a potential participation and performance of the participation in Waltz Seven’s GmbH Brand ambassador program, to collect content, which you have uploaded through our upload form as well as contacting you for potential future collaborations. We strive to be transparent in what we do with your personal data and have therefore adopted this privacy policy. Below, you will find information on what kind of personal data we process, why we do it, what we use it for and how we may share it. Waltz Seven GmbH is the data controller of any processing of your personal data.

2. PURPOSE, LEGAL GROUND AND STORAGE PERIOD

We will only use your personal data for the purposes, and on the legal grounds, as set out below. We will not use your personal data for any purpose that is incompatible with the below purposes. Further, we will only use your personal data during the period as set out in “storage period”, after which, your personal data will be erased. Waltz Seven GmbH does not sell your data.

2.1 CONTENT SUBMISSION PROCESS

Personal data: name, e-mail address, phone number, address, social media accounts, birthday, gender, uploaded videos, uploaded photos, photos/social media posts, social media comments social media statistics, target group of the account. Purpose of processing: To measure success of Waltz7’s content submission process and to create statistics thereof. Legal ground for processing: The processing is necessary for our legitimate interests to follow-up and evaluate Waltz7’s content submission process and our business, and evaluate potential future participations in Waltz7’s brand ambassador program. Storage period: We will process your personal data for two years after written termination of your participation in Waltz7’s brand ambassador program (or when the last discount code expired, if later than the expiration date). The content (photos, videos) uploaded by you is an exception, meaning that it will not be deleted, in the case of granting unlimited usage rights to Waltz7.

2.2 ADMINISTRATION & FOLLOW-UP AFTER CONTENT SUBMISSION

Personal data: name, address, e-mail address, phone number, account details, including username and account image. Purpose of processing: For administrative purposes related to your interactions on our platform. Legal ground for processing: The processing is necessary for our legitimate interests in managing and overseeing participant interactions and activities on the Waltz7 platform. Storage period: We will process your personal data for the period necessary to administrate your participations in our missions at the platform over time. 

2.3 POTENTIAL PARTICIPATION IN WALTZ7’S BRAND AMBASSADOR PROGRAM

Personal data: name, e-mail address, phone number, address, social media accounts, birthday, gender, photos/social media posts, social media comments, social media statistics, target group of the account. Purpose of processing: To measure success of Waltz7’s brand ambassador program and to create statistics thereof. Legal ground for processing: The processing is necessary for our legitimate interests to follow-up and evaluate Waltz7’s brand ambassador program, our business and potential future participations in Waltz7’s brand ambassador program. Storage period: We will process your personal data for two years after written termination of your participation in Waltz7’s brand ambassador program (or when the last discount code expired if later than the expiration date).

2.4 PERFORMANCE OF YOUR PARTICIPATION IN WALTZ SEVEN’S GmbH BRAND AMBASSADOR PROGRAM

Personal data: name, e-mail address, phone number, postal address, social media accounts. Purpose of processing: To follow and administrate your participation in Waltz7’s brand ambassador program and fulfil our obligations towards you as a brand ambassador in Waltz7’s brand ambassador program. Legal ground for processing: The processing is necessary for the performance of our contract regarding your participation in Waltz7’s brand ambassador program. Storage period: We will process your personal data during the
term of your participation in Waltz7’s brand ambassador program.

2.5 ADMINISTRATION AFTER YOUR PARTICIPATION IN WALTZ SEVEN’S GmbH BRAND AMBASSADOR PROGRAM

Personal data: name, address, e-mail address, phone number, account details, including user name and account image. Purpose of processing: To fulfil our contractual obligations with you after a mission has been completed, including administrating payouts. Legal ground for processing: The processing is necessary for the performance of our contract regarding your participation in Waltz7’s brand ambassador program. Storage period: We will process your personal data for the period necessary to administrate your participations in our missions at the platform over time.

2.6 FOLLOW-UP OF PARTICIPATION IN WALTZ SEVEN’S GmbH BRAND AMBASSADOR PROGRAM

Personal data: name, e-mail address, phone number, address, social media accounts, birthday, gender, photos/social media posts, social media comments social media statistics, target group of the account. Purpose of processing: To measure success of Waltz7’s brand ambassador program and to create statistics thereof. Legal ground for processing: The processing is necessary for our legitimate interests to follow-up and evaluate Waltz7’s brand ambassador program, our business and evaluate potential future participations in Waltz7’s brand ambassador program. Storage period: We will process your personal data for two years after termination of your participation in Waltz7’s brand ambassador program (or when the last discount code expired if later than the expiration date).

3. WHO HAVE THE ACCESS TO YOUR PERSONAL DATA?

Only the people, who need to process personal data for the purposes mentioned above have access to your personal data. We may need to share your personal data with our group companies. We further may need to allow our suppliers access to your personal data, when they perform services on our behalf, mainly to provide support and maintenance of IT systems, storage services and marketing, as well as couriers for sending products to you.

Any transfer of data outside the US is made in line with data protection laws. Our international transfers of personal data (including transfers to our group companies and suppliers outside the US) are, where applicable, based on EU-US Data Privacy Framework / GDPR / CPRA/VCDPA standard contractual clauses. For further information about this, please contact us.

4. YOUR RIGHTS

• The right to access:

You may at any time request to access your personal data. This includes the right to know what personal information a business has collected about you. Upon request, we will provide a copy of your personal data in a commonly used electronic form, as well as details on any disclosures or sales of your personal data and to whom it was disclosed or sold.

• The right to rectification:

You are entitled to obtain rectification of inaccurate personal data about you and to have incomplete personal data completed. This also encompasses the right to request corrections of inaccurate data collected about you.

• The right to erasure (“right to be forgotten”):

You may under certain circumstances request us to delete your personal data, which includes the right to request that personal information collected by a business about you to be deleted. Please note that this right is not unconditional. Therefore, an attempt to invoke the right might not lead to an action from us.

• The right to object:

You may have the right to object to certain processing activities conducted by us in relation to your personal data, such as whereas our processing of your personal data is based on our legitimate interest. This includes the right to refuse the sale, disclosure or use of your personal information by the business that collected it. 

• The right to restriction of processing:

You may under certain circumstances request from us to restrict the processing of your personal data. Please note that this right is not unconditional. Therefore, an attempt to invoke the right might not lead to an action from us.

• The right to data portability:

You are entitled to receive your personal data (or have your personal data directly transmitted to another data controller) in a structured, commonly used and machine-readable format.

• The right to non-discrimination:

You have the right to not be discriminated against for exercising any of the before mentioned privacy rights.

• The right to information about automated decision-making:

You have the right to request information about automated decision-making processes and the likely outcomes of using such processes. This also includes the right to opt out of the use of automated decision-making technology with regards to your personal information.

• The right to limit sensitive personal information:

You have the right to limit the use of data categorized as sensitive personal information.

Please note that these rights are subject to certain limitations and exceptions. You are encouraged to contact us for any inquiries, feedback or concerns regarding your rights.

5. CONTACT INFORMATION

If you have any questions relating to our handling of your personal data or if you would like to invoke any of your rights under applicable privacy legislation, please contact us at online@waltz7.com. (Vienna, 31.10.2023)

TERMS AND CONDITIONS CONTENT SUBMISSION & BRAND AMBASSADOR PROGRAM

1. INTRODUCTION

The following terms and conditions apply to all participants (“Brand ambassadors”, “The Influencer” or “you”) in the Waltz Seven GmbH, reg.no FN 432623k (“Waltz7”, “Waltz Seven GmbH”, “Waltz Seven”, “we,” “us” or “our”), Sieveringer Straße 103/1/2, 1190 Vienna, Austria brand ambassador program at www.waltz7.com. Furthermore, 2. Content Submission - Transfer of Unlimited Usage Rights will apply also to persons, which exclusively upload content via the content submission form on our platform (https://waltz7.com/pages/brand-ambassadors) without accepting to join the brand ambassador program.

In addition to these general terms and conditions, specific terms may also apply for certain missions within the Waltz7’s brand ambassador program (the ”specific terms”). By applying to become a Waltz7’s Brand ambassador or by applying for collaborations or performing collaborations and missions for Waltz7’s within the Waltz7’s brand ambassador program, you confirm that you have read and agreed to these terms and conditions. If you do not accept these terms and conditions, you are free to at any time leave our brand ambassador program.

2. CONTENT SUBMISSION - Transfer of Unlimited Usage Rights

The Influencer hereby grants to Waltz Seven GmbH and/or its subsidiaries unlimited commercial and non-commercial usage rights for all works, including photos and videos, created during the collaboration or uploaded via the content submission form on https://waltz7.com/pages/brand-ambassadors. These usage rights encompass all materials developed, prepared or uploaded by the Influencer or subcontractors for Waltz Seven GmbH, which may be protected by copyright, trademark, patent or similar protections.

By granting these rights, the Influencer confirms that he or she is the original creator of the work and has the authority to grant such rights without any limitations. Should there be any situation, where the work was not originally created by the Influencer or where rights were not properly obtained, the grantor assumes responsibility for any copyright or licensing violations.

The Influencer agrees that, both during the Collaboration and thereafter, they will execute any necessary documents and perform actions needed to confirm and clarify the grant of these unlimited usage rights to Waltz Seven GmbH. It is acknowledged that Waltz Seven GmbH can utilize the submitted content in any manner, without any restrictions.

Furthermore, throughout the Collaboration and beyond, the Influencer, along with his assignees and representatives, will cooperate with Waltz Seven GmbH upon request. This cooperation includes, but isn't limited to, assisting in the preparation and execution of all relevant documents, and completing tasks in line with applicable laws and regulations. This ensures that Waltz Seven GmbH fully realizes the benefits of the granted rights and protects the interests of Waltz Seven GmbH and its subsidiaries in connection with the Collaboration and content submissions.

3. PARTICIPATION BRAND AMBASSADOR PROGRAM

By selecting the checkbox labelled "I would like to participate in the WALTZ 7 Brand Ambassador Program" on the WALTZ 7 Brand Ambassadors page, you hereby agree to the following terms and conditions:

3.1 Eligibility

To be eligible for the WALTZ 7 Brand Ambassador Program, you must be at least 18 years of age. WALTZ 7 reserves the right to verify the eligibility of all participants.

3.2 Role

As a Brand Ambassador, you are expected to promote and represent WALTZ 7 in a positive manner both online and offline. This includes, but is not limited to, sharing and posting about WALTZ 7 on your social media platforms, blogs, and other outlets.

3.3 Product Giveaways

If we have decided to provide you with Waltz7 products to be featured when performing a mission, the products will be sent to the address provided by you, if you wish Waltz7 to send the Waltz7 products to another address it is your responsibility to inform us in writing about a new address.

3.4 Advertising Commitments

As a Waltz7 Brand ambassador, you must comply with all current and future applicable laws and regulations regarding advertising, when performing any missions within the Waltz7’s brand ambassador program or in any other way perform marketing services for Waltz7 or otherwise when performing your obligations as agreed upon between you and us. This means that you, as a participant in Waltz Seven’s brand ambassador program, have a duty to investigate, which applicable laws and regulations need to be complied with in this regard and act accordingly. This includes (but is not limited to) inserting disclosure language such as #SPONSORED or #AD (or any additional information required by applicable laws, including but not limited to necessary language translations) clearly stated in the caption of a post and/or inside photo/video (as required by law), in order to make it directly clear to the viewers of the publication that the publication is an advertisement for Waltz Seven GmbH, in accordance with applicable laws.

The before mentioned disclosures must not be hidden, and disclosures must instead be made in a clear and prominent way, apart from the rest of the text in an easy-to-read font, in the beginning of a publication and above the “show more”-button, if any, on the social media account, where a publication is made, and/or inside the image/video (as required by law). In videos (if applicable law so requires), you must also orally disclose that the video is advertisement for Waltz7 in the beginning of the video. Such oral disclosure shall be made in addition to the focused publication, so that the total agreed length of the publication is not reduced by the disclosure. Regardless of the circumstances you shall always be obligated to comply with this section in each case. This means, for example, inserting necessary disclosures, in accordance with local laws and standards, into a caption provided by Waltz7 and/or inside the photo/video (as required by law).

3.5 Publication requirements: 

As a Waltz7’s Brand ambassador in the Waltz Seven’s brand ambassador program, you agree to at all times comply with the following:

- You shall be well informed about and compliant with the applicable terms and conditions of the program as well as any and all social media platforms or other third-party platform (“third-party terms”) you use, when participating in the Waltz7’s brand ambassador program. Should it come to Waltz7’s attention that you are, or in Waltz7’s sole discretion, might be breaching any such third-party terms, Waltz7 reserves the right to block you from further participation in the Waltz7’s brand ambassador program.

- Not to make any false statements regarding Waltz Seven GmbH or its products or present information that otherwise is not consistent with Waltz7’s image (such as fraudulent, offensive, violent or sexual content), misleading towards consumers or is not compliant with applicable regulations and the user terms and conditions of the social media platform, where a publication is made. You may not include any of Waltz7’s trademarks in any domain name or user/account name on a website or application.

If a publication does not correspond to what has been agreed, you shall immediately correct the publication or create and upload a new publication, which is correct. Waltz7 reserves the right to decide, which of the two alternatives should apply in each case. Waltz7 reserves the right to not make any payments of rewards of any kind (including, but not necessarily limited to cash payouts, gift cards or free products) before the non-corresponding publication has been mended.

Furthermore, participation in the Waltz7’s brand ambassador program requires that Waltz Seven GmbH is granted access to all insights to all publications made by you throughout the program.

3.6 Affiliate Link

The affiliated link is created through the Waltz7’s brand ambassador program or will be sent to you by representatives of Waltz7. The affiliated link can be shared publicly on platforms other than the registered social media accounts in the brand ambassador program, including code sharing websites, discount code websites, public forums, etc.

3.7 Rewards & Compensation

Brand Ambassadors may receive rewards, discounts or compensation as determined by WALTZ7. Details of such rewards will be communicated directly to the ambassadors.

3.8 Content Rights

By participating in the program, you grant WALTZ 7 the unrestricted rights to use, reproduce, and share any content, photos or videos you produce related to WALTZ 7 for commercial and non-commercial purposes without any additional compensation.

You guarantee i) that you have all the rights (including but not limited to copyright) to the content uploaded by you within the Waltz7’s brand ambassador program, ii) that you have obtained all necessary consents of all individuals appearing in the content, and iii) that you have the right to grant Waltz Seven GmbH

Violation of this clause will lead to immediate exclusion of the Brand Ambassador program and the participant in the ambassador program loses all claim to further payments including, but not limited to cash, gift cards and vouchers.

3.9 Breach of the terms, non-compliance and indemnification

If you do not comply with these terms and conditions and/or, any applicable specific terms, Waltz Seven GmbH is entitled to, at Waltz7’s sole discretion, immediately block you from the Waltz7’s brand ambassador program and stop any payments or rewards for the non-compliant missions. If Waltz7 choses to block you from the Waltz7’s brand ambassador program, based on these terms and conditions or any specific terms, Waltz Seven GmbH has no obligation to compensate you for non-compliant missions.

You are and shall always be solely responsible for your publications on your social media accounts. Waltz7 shall have no liability for your publications on your social media accounts, and you agree to indemnify and hold Waltz7 harmless, if any acts or omissions performed by you causes damage to Waltz Seven GmbH.

3.10 Limitation of Liability

Brand Ambassadors participate in the program at their own risk. WALTZ 7 will not be held liable for any personal harm or property damages that may result from participation.

3.11 Confidentiality

You must keep all communication between yourself and us confidential, including information that you receive about how Waltz7 carries out its operations in social media or any other information that might be sensitive to Waltz Seven GmbH from a business perspective. This confidentiality obligation shall survive any termination of these terms and conditions.

3.12 Independent parties

By participating in the Waltz7’s brand ambassador program and performing missions within it, you represent and warrant that you hold all licenses required in order to comply with your obligations under these terms and conditions and/or any applicable specific terms, including, but not limited to any and all required tax certificates, where applicable. The relationship between the you and us is that of independent parties.

Nothing contained in these terms and conditions or your participation in the Waltz7’s brand ambassador program shall be construed as creating any employment, agency, partnership, joint venture, or other form of joint enterprise, or fiduciary relationship between the you and us, and neither you, nor us shall have authority to contract for or bind the other in any manner whatsoever. As such, Waltz7 shall have no obligation to carry out specific payments (other than those explicitly mentioned herein or as otherwise agreed between you and us) or be responsible for any taxes, employee benefits or similar benefits for you.

You acknowledge and agree that Waltz7 will not provide you with any insurance and that you will solely maintain the obligation to pay any and all taxes (including payroll taxes) payable in connection with any compensation (or similar) of any kind provided under these terms and conditions or otherwise applicable on your participation in the Waltz7’s brand ambassador program.

Waltz Seven GmbH reserves the right to update these terms and conditions and/or any specific terms at any time. Where a change is material, you will be informed in advance.

These terms and conditions and any applicable special terms sets out the entire agreement and understanding between you and us with respect to the subject matter hereof. Any changes or amendments to these terms must be made in writing to be legally binding by us.

Governing law These terms and conditions and any and all specific terms shall be governed by the laws of Austria, excluding the conflict of law rules thereof.

Regarding any questions or concerns regarding the WALTZ 7 Brand Ambassador Program or these terms please contact us at online@waltz7.com. (Vienna, 31.10.2023)