Data Protection Policy and General Terms & Conditions:
- Data Protection Policy:
- As a registered member, the user enters an agreement with the vendor and online service provider, Talentopia Websites.
The present agreement covering contracted data processing governs the requirements for the processing of personal data by the vendor, Talentopia, on behalf of registered members in connection to the provision of the services agreed to by the parties.
1§ The Processor is Talentopia.
- An identified or identifiable natural person; a natural person is deemed identifiable if he/she can be identified directly or indirectly, particularly via assignment to an identifier such as a name, to an identification number, to location data, to an online identifier or to one or more specific characteristics related to the physical, psychological, genetic, economic, cultural or social identity of this natural person (Art. 4 No. 1 GDPR).
- All services provided by the Processor to the member through membership as well as all data the member provides to the Processor shall be handled according to the GDPR General Data Protection Regulation (Regulation (EU) 2016/679).
- This includes all personal data, all information related to a data subject (Art. 4 No. 1 GDPR).
- TOM Technical and organizational measures for the protection of personal data against unintentional or unlawful destruction, unintentional deletion, modification, unauthorized access or unintentional disclosure.
2§ The Controller is
The natural or legal person, public authority, agency or other body – as specified and defined above – which, alone or jointly with others, determines the purposes and means of the processing personal data (Art. 4 No. 7 GDPR).
3§ Processing of personal data
Any operation or set of operations which is performed upon personal data, whether or not with automatic means, such as collection, capture, organization, ordering, storage, adaptation or alteration, retrieval, consultation, use disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction (Art. 4 No. 2 GDPR).
4§ Violation against the protection of personal data
A security violation, whether unintentional or unlawful, which leads to the destruction, loss, modification or disclosure of or unauthorized access to personal data which is transferred, stored or processed by other means (Art. 4 No. 12 GDPR).
- Object and duration of the agreement
1§. This agreement defines the rights and duties of the parties in relation to the processing of personal data by Talentopia websites in the name of the member for the purpose of service provision.
2§. The duration of this agreement begins upon paid registration and ends after a period of 12 months. The member has the option of renewing his/her membership for a further 12 months and is reminded of this shortly before the expiration of membership. Once the membership is terminated, Talentopia deletes all data it holds.
- 3 Purpose and duration of processing / categories of data subjects and types of personal data
4§. Talentopia processes personal data for the exclusive purpose of providing services. Data are neither used for the purposes or interest of third parties nor provided to other providers for marketing purposes.
5§. The processing of personal data begins and ends with the duration of membership, as described in § 2. Data processing required for deletion and/or obligations to return according to § 8 is unaffected by this.
III. Rights and duties of the Controller
1§. The Controller, Talentopia, has an obligation to the Data Subject for maintaining data protection and ensures that the data processing is carried out according to the relevant regulations of applicable data protection law. The Controller, Talentopia, is thus also the Controller as it pertains to applicable data protection laws.
2§. In addition to the requirements for the processing of personal data found in this agreement, the Controller can provide the member with individual policies as to the type, scope and procedure of data processing, particularly concerning notification, blocking and deletion. These individual policies are to be provided in writing or via e-mail.
3§. The Controller has the right to monitor the observance of the duties from this agreement or any individual instructions, particularly the implementation of the described TOM, upon request and with appropriate written notification beforehand. For this purpose, the Processor shall, following the provision of prior written notification at a reasonable time, provide the Controller, its employees or authorized inspectors / consultants, who are bound by a confidentiality agreement set in place by the Processor, with appropriate access to the data to be processed by the Processor as well as the data processing systems, data processing programs and relevant facilities used during normal business hours. All internal and external costs incurred by the Processor for such a check shall be borne by the Controller.
- Duties of the Processor (Talentopia)
1§. Talentopia may only process personal data in the name of the member according to the requirements of this data processing agreement and according to individual instructions from the responsible authority and process solely for the purposes outlined in this data processing agreement, unless the Processor is bound by applicable law to a processing of personal data which diverges from this. In the case of the latter, the Processor shall inform the Controller of these legal obligations prior to the processing of personal data for this diverging purpose, unless, for important reasons of public interest, the law prohibits the provision of such information.
2§. Transfer to a third country. The data processing takes place in a member state of the European Union (EU) or in a member state of the European Economic Area (EEA). Any transfer of personal data to a third country, including the provision of access from a third country to the personal data stored in the EU/EEA, is only permissible if the requirements of Article 44 ff. GDPR are met before personal data are transferred or made accessible and the Controller agrees to such a transfer beforehand. The existing recipients in a third country at the time of the conclusion of this agreement to whom personal data is to be transferred or who have access to personal data stored in the EU/EEA, shall be listed in ANNEX 2 together with the relevant established guarantees for ensuring an appropriate level of data protection in the relevant third country.
3§. TOM (technical and organizational measures) The Processor shall take appropriate TOM. Here, the state of technology, implementation costs, type, scope and purposes of processing personal data as well as the probability of occurrence and the severity of the risk for the rights and freedoms of natural persons shall be taken into account.
4§. The TOM are subject to technical advancement and further development. It is permissible for the Processor to modify the described TOM so long as the overall existing level of security for the defined measures is not reduced. Regardless of this, changes must be documented and the member must be informed of them.
5§ The Processor, Talentopia, is obligated to maintain confidentiality and ensures that all persons authorized for the processing of the personal data of the Controller in the sense of this agreement are authorized, are bound to confidentiality or are subject to a corresponding legal duty to maintain secrecy. In particular, the disclosure of personal data is prohibited.
6§ During the full duration of the contract, the Processor monitors compliance with the specifications of this data processing agreement and, if necessary, individual policies issued via membership.
7§ The Processor shall immediately inform the member about the monitoring activities or other control measures of data protection authorities inasmuch as these are related to the processing of personal data as part of this agreement.
8§. Taking into account the type of processing and the information available to the Processor, the Processor supports the member as much as possible to fulfill his/her data protection duties (e.g. notification of data protection violations to the data protection authorities and the data subject, conducting data protection impact assessments as well as answering queries regarding the execution of the assessment).
9§ If the data subject addresses the Processor directly through a request concerning the legal protection of the data protection interests of the data subject (e.g. rectification, erasure or restriction of processing their personal data), the Processor forwards this request immediately to the Controller.
10§. The Processor shall immediately inform the Controller if, in the Processor’s opinion, a policy of the member constitutes a violation of applicable data protection law. The Processor is then authorized to suspend the execution of the relevant policy until it is confirmed or altered by the Controller.
11§ The Processor shall appoint a data protection supervisor according to the applicable legal regulation and provide the Controller with the contact data of the data protection supervisor immediately and without prompting.
12§ Reporting a violation against the protection of personal data
In the event of a violation against the protection of personal data, the Processor shall inform the Controller (typically via the e-mail or telephone of the Controller’s data protection supervisor) immediately once he has acquired knowledge of a violation against the protection of personal data.
1§ The Processor shall provide the Controller all information necessary for verifying the duties of the Processor outlined in this agreement For this purpose, the Processor also permits checks, including inspections.
2§ Termination and erasure
The Processor will erase all the personal data processed under this data processing agreement and all copies thereof within 14 days after the termination of the membership, unless applicable law requires further storage of the personal data (e.g. statutory retention obligations). In the latter case, the Processor must ensure that data processing remains limited to these purposes.
- General Terms & Conditions
- Object of the agreement and basic instructions for using Talentopia
1.1 Talentopia is a service which allows members to apply for jobs, projects and contacts in the media and advertising sector through the creation of a Sedcard.
1.2. Talentopia provides users the possibility of creating a Sedcard, applying for jobs and projects, publishing information about themselves and sharing their interests and talents with others.
1.4 The Sedcard is the core application of the Talentopia service. The Sedcard created by the user as part of the social network shows the identity the user within the Talentopia service, on Talentopia websites and in the applications of the service. Registration for the Talentopia service is always required for this.
1.5 Through the use of their Sedcard, Talentopia offers users various opportunities to apply for selected industries, to participate in castings and job postings as well as to present themselves and interact with other users and third parties. Calling up a Sedcard is only open to registered users. For non-members, the access options in the search engine are restricted, which is why the user profile has preset call-up and accessibility for external parties.
1.6 The user pays a yearly membership fee of € 24 for membership.
The membership ends automatically after a year and the user has the option of extending membership for a further year in the 12th month. Payment is processed via the payment options of PayPal.
1.7. As a member, you certify that you are above 16 years of age and that all of the information you have provided on the Sedcard is true.
1.8. To acquire a Talentopia membership, registration is first required in which the member, among other things, must select a password.
1.9. The member is required to keep the selected password secret. Talentopia will not provide the password to third parties, will only use it for the login process and will at no time other than during the login process ask the member to provide the password.
- For purposes of security and to prevent misuse, the user is advised to change the password at regular intervals. The protection and safe-keeping of the access data for the Talentopia membership account (particularly the password) are the sole responsibility of the user.
2.1. (a) The member is obliged to provide only information which is true and not misleading as well as to use his/her real name and not a pseudonym;
(b) only such photos are to be used for profile images in which the user is clearly recognizable. The user ensures that the public reproduction of the selected profile photo on the Talentopia Websites is allowed under applicable law. The use of photos or images of others or non-existent persons or other creatures (animals, fantasy creatures, etc.) or of logos as a profile image is not permitted.
(c) when using Talentopia and the contents of the Talentopia websites applicable law as well as all the rights of third parties must be observed.
- Responsibility for the contents, data and/or information of the user, availability: Talentopia assumes no responsibility for the data, information or prepared content from the users of the Talentopia websites nor for the contents of linked external websites.
- In particular, Talentopia certifies that these contents are true and fulfill a specific purpose or could serve such a purpose.
2.4. In regards to data or content, which according the Terms & Conditions, the data protection provisions of Talentopia and the user settings are (or were) only available to registered members, and which have been stored by a third party, Talentopia is under no obligation to prevent such storage by a third party.
2.5. Talentopia offers the user a casting platform and a job board and, as a general rule, does not participate in the content of the communication between users. This does not apply in the individual cases in which Talentopia itself conducts a casting or posts a job. In the event that users of Talentopia websites enter into agreements with one another, Talentopia is not a party to these and is thus not a contracting party. The members alone bear sole responsibility for conducting and fulfilling the agreements they conclude with one another.
Talentopia is not responsible for a member’s violation of terms from an agreement made between members.
2.6 The member acknowledges that a 100% availability of the Talentopia websites is not possible technically. Nevertheless, Talentopia strives to keep the Talentopia websites as consistently available as possible. In particular, maintenance, security or capacity considerations as well as events not controlled by Talentopia (for example, disruptions of public communication networks, power outages, etc.) can lead to disruptions or to temporary suspension of the service on the Talentopia websites.
- The collection, processing and/or use of personal data only occurs if the user has consented or it is allowed by law. In particular, the use of personal data via legal permission is in connection to the fulfillment of Talentopia’s contractual obligations towards the member.
3.1. Members of Talentopia have the possibility of sharing their personal data, in part or in whole, with other users or of applying for castings and jobs. The user is responsible for the sharing of this data.
3.2. Talentopia offers jobs and castings from third parties, particularly production companies from the media industry. These third parties are responsible for fulfilling the duties assumed through the casting and offer.
3.3. The member agrees that Talentopia may provide the member notifications by e-mail, fax or letter, unless otherwise agreed in the Terms & Conditions.
- The place of fulfillment is the site of Talentopia in Grünwald, Germany.
4.1. The legal venue for merchants in the sense of the German Commercial Code (HGB) is the headquarters of Talentopia.
4.2. The law of the Federal Republic of Germany shall apply without consideration for the provisions of international private law and the UN Convention on Contracts adopted by German law.