Privacy Information notice on the processing of the Contestants’ personal data
With reference to the processing of your personal data, we inform you of the following.
Data Controller and representative in the EU
Data Controller of your personal data is Elite Licensing Company SAGL, with registered offices in Via Cattori 3, 6900 Lugano Paradiso, Switzerland (in the following referred to as the “Company”), whose representative in the EU, pursuant to Regulation (EU) 2016/679 (“GDPR”), is Elite Model Management Milano S.r.l., with its registered office in Via Tortona n. 35, Milan, Italy.
Categories of data processed and source from which it originates
The Company collects your personal data when you submit your application in the Elite Model Look website and, if you are admitted, during your possible participation to the Elite Model Look Contest (hereinafter also “Contest”).
The following categories of data may be processed:
- biographical data (name and surname, date of birth, address, nationality, gender);
- contact data (telephone number, mobile number, email);
- your pictures, videos and/or other audiovisual content;
- ID, visas and other possible documents required under the applicable law to permit your participation to the Contest, where their communication is necessary;
- data regarding your racial or ethnic origin, and/or data concerning your health (such as any medical problems and food allergies, which is necessary to communicate);
- your physical measures;
- general information about your education, interests and sports you practice;
- any other data which is necessary for your application for and participation to the Elite Model Look Contest;
- any other data which is necessary to assess any possible establishment of contractual relationships of model management with you.
Modalities of the processing
The processing of your personal data is carried out with procedures and measures aimed at the security of data, in terms of integrity, confidentiality and accessibility, in compliance with the provisions of GDPR and the Swiss Federal Act on Data Protection of 19 June 1992 and subsequent amendments and supplements (“FADP”).
The Company will process your personal data in paper form and/or by electronic instruments.
Purposes of the processing
The Company processes your personal data:
1. to permit your participation to any stage of the Elite Model Look Contest and for the compliance with any related legal obligation;
2. for the assessment of the conditions for the establishment of a contractual relationship with you regarding model management services and for the promotion of Elite brand and business;
3. to send newsletters, commercial communications and offers from the Company and/or for the communication to other companies of the network to which the Company belongs and/or their partners and/or sponsors of the Contest, so that such subjects may send you their commercial communication and offers in case you consent;
Legal bases of the processing
The processing of your personal data to permit your participation to any stage of the Elite Model Look Contest relies, pursuant to Art. 6, par. 1, letter b) and Art. 9 paragraph 2 letter a) of GDPR and Art. 13 par. 1 and par. 2 letter a), FADP, on the necessity to take steps at your request to participate to the Elite Model Look Contest and pursuant to Art. 6, par. 1, letter c) of GDPR, and to Art. 13 para. 1 FADP on the necessity to comply with any related legal obligation to which the Company is subject.
The processing of your personal data for the promotion of Elite brand and business relies, pursuant to Art. 6, par. 1, letter b) of GDPR and Art. 13 par. 1 and par. 2 letter a) of FADP on the performance of the assignments of image rights you have signed.
The processing of your personal data to assess your profile for the establishment of a possible contractual relationship relies, pursuant to Art. 6, par. 1, letter f) of Regulation (EU) 2016/679 and to Art. 13, par. 2, letter a) FADP on the legitimate interest of the Company to assess the possibility to establish a contractual relationship with you regarding its model management services.
The processing of your personal data for marketing purposes relies, pursuant to Art. 6, par. 1, letter a) of GDPR and to Art. 13, par. 1 FADP on your optional, explicit and free consent. If you do not give your consent to the processing for such purpose, you will be prevented from receiving newsletters, commercial communications and offers from the Company and/or other companies of the network to which the Company belongs and/or their partners and/or sponsors of the Contest, but this will not prevent your participation to the Contest in any way.
Nature of the provision of your personal data and consequences for failure to provide your personal data
The provision of your personal data is a necessary requirement for your participation to the Contest.
Failure to provide your personal data would prevent your participation to the Contest.
Failure to provide your consent to the processing of your personal data for marketing purposes or to the provision of your personal data to third parties for marketing purposes will not affect your participation to the Contest.
Data Retention period of your personal data
Your personal data will be retained for the time strictly necessary for your participation in the Contest and as long as necessary to comply with legal obligations or to exercise or defend a right. Your personal data processed for the promotion of Elite brand and business will be retained according to the assignment of image rights you have signed. Finally, your personal data will be retained for 2 additional years to assess the conditions for the establishment of a contractual relationship with you regarding the Company’s model management services.
Your personal data processed for marketing purposes will be retained until you withdraw your consent.
Recipients of your personal data
Your personal data will be processed by persons explicitly authorized by the Company, working in the business units like the Administration Department of the Elite Model Look Contest and Model Management services and to any other business unit which needs to process them for the above purposes.
Your personal data may be communicated to video-makers and photographers, consultants, press agencies, hotel managers, tour operators, public relations agencies, advertising and marketing agencies, website and social media account managers, commercial partners, sponsors, persons in charge for the security, chaperons, and insurance companies.
For the same purposes your personal data may be communicated, also abroad, to other companies pertaining to the Elite Network and to the Women Network.
The possible transfer of your personal data to countries which are located outside the European Union and Switzerland will be carried out if necessary for the assessment of your application to participate to the Elite Model Look Contest or to enable you to participate to any phase of it or for the performance of contracts of which you are a party or which are concluded in your favour, or for the implementation of pre-contractual measures taken at your request, or as long as the transfer is necessary to ascertain, exercise or defend a right before judiciary authorities or to protect your vital interests where you are physically or legally incapable of giving consent or if you have explicitly provided your consent to the transfer.
In case of additional transfers of your personal data, the Company will carry out such transfers only:
• towards Third Countries, one or more specific sectors within a Third Country or international organizations for which the European Commission and the Swiss Federal Data Protection and Information Commissioner deem that an adequate level of protection of personal data is in place; or
• if the recipient of the data obtained an appropriate certification or adhered to a specific code of conduct ensuring that the processing of personal data is carried out with safeguards which are appropriate under EU law and the FADP; or
• if the Company implemented appropriate safeguards to protect your personal data, by concluding contracts including the so-called Standard Contractual Clauses, as prepared by the European Commission and according to the applicable Swiss law or prepared by the national Data Protection Authority and approved by the European Commission.
Further information about the safeguards adopted by the Company for such transfers can be requested to firstname.lastname@example.org.
Your name and surname pictures, videos and/or other audiovisual content on you, may be also disseminated via website and/or social media accounts managed by the Company and/or third parties.
As a data subject of the processing of your personal data carried out by the Company, you have, and you are entitled to exercise in any moment, the following rights under the GDPR, if applicable, and the FADP:
- Right of access (Art. 15 of GDPR; Art. 8 FADP), consisting of the right to obtain confirmation as to whether or not your personal data is being processed, and, if it is the case, have access to it and to obtain a copy of such personal data.
- Right to rectification (Art. 16 of GDPR; Art. 5 par. 2 and Art. 15 FADP), consisting of the right to obtain the rectification of inaccurate personal data concerning you. Where necessary, you have also the right to have incomplete personal data completed, including by means of providing a supplementary statement.
- Right to erasure (Art. 17 of GDPR; Art. 12 par. 2 letter b) and Art. 15 FADP), consisting of the right to obtain the erasure of personal data concerning you in the cases under Art. 17 of GDPR. In such cases your personal data will be erased and, if made public, taking account of available technology and the cost of implementation, reasonable steps will be taken to inform controllers which are processing the personal data of your request of erasure.
- Right to restriction of the processing (Art. 18 of GDPR; Art. 12 par. 2 letter b) and Art. 15 FADP), which provides that your personal data is marked, in specific cases, with the aim of limiting its processing in the future. In case of restriction of the processing your personal data will be processed, with the exception of storage, only with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest.
- Right to obtain the communication of the recipients made aware of a possible rectification, erasure of personal data or restriction of the processing (Art. 19 of GDPR; Art. 8 FADP), consisting of the possibility to ask and obtain from the Company the indication of the recipients made aware of the possible rectification, erasure of personal data or restriction of the processing.
- Right to data portability (Art. 20 of GDPR consisting of the right to receive, where permitted by the law, personal data concerning you, which you have provided to the Company, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance, in cases and conditions established under Art. 20.
- Right to object to the processing (Art. 21 of GDPR; Art. 12 para. 2 letter b and Art. 15 FADP) consisting of the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is necessary for the performance of a task carried out in the public interest or the exercise of official authority vested in the controller or is necessary for the purposes of the legitimate interests pursued by the Company or by a third party, including profiling based on those provisions. Where your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data for such purpose concerning you, which includes profiling.
- Right to withdraw your consent (Art. 7, par. 3 and 13, par. 2, letter c) and 14, par. 2 letter d) of GDPR; Art. 12 para. 2 letter b and Art. 13 para. 1 FADP), consisting of the right to withdraw your consent at any time, when it is the legal basis of the processing of your personal data, without affecting the lawfulness of processing based on consent before its withdrawal.
- Right to lodge a complaint with the supervisory authority (Art. 13, par. 2, letter d), Art. 14, par. 2, letter e) and Art. 77 of GDPR; Art. 28 and Art. 29 FADP) consisting of the right to lodge a complaint with a supervisory data protection authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement.
In case of your request to exercise your rights, the Company could have the necessity to verify your identity and, therefore, it will be necessary that you provide your identifying data and the contact data essential to identify and contact you with reference to your request.
Possible limitations to the exercise of your rights, and to the consequent obligations of the Company, can be provided by the applicable law.
For any additional information regarding your rights and for any issue related to the processing of your personal data, you may write to our Data Protection Officer at email@example.com