These terms of service describe the terms and conditions under which you may use the Invite Scene website. These terms and conditions constitute a legally binding agreement between Invite Scene and you. Invite Scene may revise this agreement at any time by updating this agreement on the site. You agree that your continued use of the site after such modifications constitutes your acceptance of the revisions to the agreement. By accessing the site, you acknowledge that you have read and understood this agreement. This agreement was last revised on August 21st, 2021.
OUR COMMITMENT TO PRIVACY
Data protection is of the utmost importance to Invite Scene. The processing of personal data, such as the name, address, e-mail address, or payment information of a data subject, shall always be in line with the General Data Protection Regulation (GDPR) and following the country-specific data protection regulations applicable Invite Scene. We want to inform the general public of the nature, scope, and purpose of the personal data we collect, use, and process through this data protection declaration. Furthermore, data subjects are informed, employing this data protection declaration, of the rights to which they are entitled.
The data protection declaration of Invite Scene is based on the terms used by the European legislator to adopt the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public and our customers and business partners. To accomplish this, we would like first to explain the terminology used.
In this data protection declaration, we use, inter alia, the following terms:
A. PERSONAL DATA
Personal data means any information relating to an identified or identifiable natural person 'data subject'. An identifiable natural person can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
B. DATA SUBJECT
The data subject is any identified or identifiable natural person whose personal data is processed by the controller responsible for the processing.
Processing is any operation or set of operations that are performed on personal data or sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
D. RESTRICTION OF PROCESSING
Restriction of processing is the marking of stored personal data to limit their processing in the future.
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular, to analyze or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.
Pseudonymization is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.
G. CONTROLLER OR CONTROLLER RESPONSIBLE FOR THE PROCESSING
Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
A processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
The recipient is a natural or legal person, public authority, agency or another body to which the personal data is disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry following Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall comply with the applicable data protection rules according to the purposes of the processing.
J. THIRD PARTY
A third party is a natural or legal person, public authority, agency, or body other than the data subject, controller, processor, and persons authorized to process personal data under the direct authority of the controller or processor.
Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which they, by a statement or by clear affirmative action, signifies agreement to the processing of personal data relating to them.
2. NAME AND CONTACT INFORMATION OF THE CONTROLLER
Controller for the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
Invite Scene, Inc.
Contact Us (Please allow 24-72 hours for responses)
3. COOKIES AND WEB BEACONS
4. COLLECTION OF GENERAL DATA AND INFORMATION
Invite Scene collects general data and information when a data subject or automated system accesses the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our systems and infrastructure.
When using this general data and information, Invite Scene does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website, (3) ensure the long-term viability of our systems and infrastructure and (4) provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber-attack. Therefore, Invite Scene analyzes anonymously collected data and information statistically to increase the data protection and data security of our organization and ensure an optimal level of protection for the personal data we process. The anonymous data within relevant logs are stored separately from all personal data provided by a data subject.
5. REGISTRATION ON OUR WEBSITE
The data subject has the ability to register on the website of the controller with the indication of personal data. What personal data is transmitted to the controller is determined by the respective input mask used for the registration. The personal data entered by the data subject is collected and stored exclusively for internal use by the controller and his own purposes. The controller may request transfer to one or more processors or sub-processors that also use personal data for an internal purpose attributable to the controller.
By registering on the website of the controller, the IP address—assigned by the Internet service provider (ISP) and used by the data subject—date and time of the registration is also stored. The storage of this data takes place in the background and is the only way to prevent the misuse of our services and, if necessary, to make it possible to investigate misuse of our systems and services. Insofar, the storage of this data is necessary to secure the controller. This data is not passed on to third parties unless there is a statutory obligation to transmit the data or if the transfer serves the aim of criminal prosecution.
The data subject's registration, with the voluntary indication of personal data, is intended to enable the controller to offer the data subject contents or services that may only be offered to registered users due to the nature of the matter in question.
The data controller shall, at any time, provide information upon request to each data subject as to what personal data is stored about the data subject. In addition, the data controller shall correct or erase personal data at the request or indication of the data subject, insofar as there are no statutory storage obligations. The entirety of the controller’s Staff is available to the data subject in this respect as contact persons.
6. SUBSCRIPTION TO OUR NEWSLETTERS
Visitors and users are allowed to subscribe to our online newsletters. The input mask used for this purpose determines what personal data is transmitted and when the newsletter is ordered from the controller.
Invite Scene regularly informs its users, customers, and business partners, employing a newsletter about site improvements, new content, and promotions. Invite Scene's newsletter may only receive the data subject if (1) the data subject has a valid e-mail address and (2) the data subject registers for the newsletter shipping. A confirmation e-mail will be sent to the e-mail address registered by a data subject, for legal reasons, as part of a double opt-in procedure. This confirmation e-mail is used to prove whether the owner of the e-mail address as the data subject is authorized to receive the newsletter.
During the registration for the newsletter, we also store the IP address of the computer system assigned by the Internet service provider (ISP) and used it by the data subject at the time of the registration and the date and time of the registration. The collection of this data is necessary to understand the (possible) misuse of the e-mail address of a data subject at a later date, and it, therefore, serves the aim of the legal protection of the controller.
The personal data collected as part of a registration for the newsletter will only be used to send our newsletter. In addition, subscribers to the newsletter may be informed by e-mail, as long as this is necessary for the operation of the newsletter service or a registration in question, as this could be the case in the event of modifications to the newsletter offer or in the event of a change in technical circumstances. There will be no transfer of personal data collected by the newsletter service to third parties unless such transfer is necessary exclusively for the processing and delivering the newsletter to the data subject. The data subject may terminate the subscription to our newsletter at any time. The consent to the storage of personal data, which the data subject has given for delivery of the newsletter, may be revoked at any time. For revocation of consent, a corresponding link is found in each newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the website of the controller.
7. CONTACT POSSIBILITY VIA THE WEBSITE
Our website contains information that enables a quick electronic contact to our company and direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted voluntarily by a data subject to the data controller is stored to process or contact the data subject. There is no transfer of this personal data to third parties unless necessary to deliver further correspondence.
8. ROUTINE ERASURE AND BLOCKING OF PERSONAL DATA
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve storage. This is granted by the European legislator or other legislators in laws or regulations to which the controller is subject.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased under legal requirements. If a statutory purpose for storing data no longer exists, all personal data and applicable purchase information are erased and purged from our system after a period of five (5) years.
9. RIGHTS OF THE DATA SUBJECT
A. RIGHT OF CONFIRMATION
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning them is being processed. If a data subject wishes to avail himself of this right of confirmation, they may, at any time, contact any Staff member of the controller.
B. RIGHT OF ACCESS
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about their personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
The purposes of the processing;
The categories of personal data concerned;
The recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
Where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
The existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
The existence of the right to complain about a supervisory authority;
Where the personal data is not collected from the data subject, any available information as to their source;
The existence of automated decision-making, including profiling, is referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved and the significance and envisaged consequences of such processing for the data subject.
Furthermore, the data subject shall have a right to obtain information on whether personal data is transferred to a third country or an international organization. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access, they may, at any time, contact any Staff member of the controller.
C. RIGHT TO RECTIFICATION
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning them. Considering the purposes of the processing, the data subject shall have the right to complete incomplete personal data, including providing a supplementary statement. If a data subject wishes to exercise this right to rectification, they may, at any time, contact any Staff member of the controller.
D. RIGHT TO ERASURE (RIGHT TO BE FORGOTTEN)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning them without undue delay. The controller shall have an obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary (e.g., in cases where a financial transaction has occurred):
The personal data is no longer necessary to the purposes for which they were collected or otherwise processed;
The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing;
The data subject objects to the processing under Article 21(1) of the GDPR, and there are no overriding legitimate grounds for the processing or the data subject objects to the processing under Article 21(2) of the GDPR;
The personal data have been unlawfully processed;
The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
The personal data have been collected about the offer of information society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by Invite Scene, they may, at any time, contact any Staff member of the controller. A Staff member of Invite Scene shall promptly ensure that the erasure request is complied including following applicable laws and regulations. Alternatively, the data subject may submit an automated request to have their account and all corresponding personal data removed from our database using the Delete My Account feature via Account Settings.
Where the controller has made personal data public and is obliged under Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, the personal data, as far as processing is not required. A Staff member of Invite Scene will arrange the necessary measures on an individual basis.
E. RIGHT OF RESTRICTION OF PROCESSING
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;
The processing is unlawful, and the data subject opposes the erasure of the personal data and requests instead the restriction of their use;
The controller no longer needs the personal data for the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims;
The data subject has objected to processing under Article 21(1) of the GDPR pending verifying whether the controller's legitimate grounds override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by Invite Scene, they may at any time contact any Staff member of the controller. The Staff member of Invite Scene will take the appropriate steps to restrict further processing.
F. RIGHT TO DATA PORTABILITY
Each data subject shall have the right granted by the European legislator to receive the personal data concerning them, which was provided to a controller, in a structured, commonly used and machine-readable format. They shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent under point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract under point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or the exercise of official authority vested in the controller. Furthermore, in exercising their right to data portability under Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others. To assert the right to data portability, the data subject may at any time contact any Staff member of the Invite Scene.
G. RIGHT TO OBJECT
Each data subject shall have the right granted by the European legislator to object, on grounds relating to their particular situation, at any time, to processing of personal data concerning them, which is based on point (e) or (f) of Article 6(1) of the GDPR.
This also applies to profiling based on these provisions. Invite Scene shall no longer process the personal data in the event of the objection unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defense of legal claims.
If Invite Scene processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning them for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to Invite Scene to the processing for direct marketing purposes, Invite Scene will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to their particular situation, to object to the processing of personal data concerning them by Invite Scene for scientific or historical research purposes or statistical purposes under Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
To exercise the right to object, the data subject may contact any Staff member of Invite Scene. In addition, the data subject is free in the context of information society services, notwithstanding Directive 2002/58/EC, to use their right to object by automated means using technical specifications.
H. AUTOMATED INDIVIDUAL DECISION-MAKING, INCLUDING PROFILING
Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them, or similarly significantly affects them, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) are not based on the data subject's explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject's explicit consent, Invite Scene shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express their point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, they may, at any time, contact any Staff member of the Invite Scene.
I. RIGHT TO WITHDRAW DATA PROTECTION CONSENT
Each data subject shall have the right granted by the European legislator to withdraw their consent to the processing of their personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, they may, at any time, contact any Staff member of the Invite Scene.
10. LEGAL BASIS FOR THE PROCESSING
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations necessary for carrying out pre-contractual measures such as inquiries concerning our products or services. If our company is subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. The processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations that are not covered by any of the aforementioned legal basis, if the processing is necessary for the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data.
11. THE LEGITIMATE INTERESTS PURSUED BY THE CONTROLLER OR BY A THIRD PARTY
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our Staff and partners.
12. PERIOD FOR WHICH THE PERSONAL DATA WILL BE STORED
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After the expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary to fulfill the contract or initiate a contract.
13. PROVISION OF PERSONAL DATA AS STATUTORY OR CONTRACTUAL REQUIREMENT; REQUIREMENT NECESSARY TO ENTER INTO A CONTRACT; OBLIGATION OF THE DATA SUBJECT TO PROVIDE THE PERSONAL DATA; POSSIBLE CONSEQUENCES OF FAILURE TO PROVIDE SUCH DATA
It may sometimes be necessary to determine, under contractual obligation, the data subject provides us with personal data, which we must subsequently process. The data subject is, for example, obligated to provide us with personal data when our company enters into a contract with them. The non-provision of the personal data would result in the contract with the data subject not being concluded. Before the data subject provides personal data, the data subject must contact any Staff member. The Staff member shall clarify to the data subject whether the personal data is required by law or contract or is necessary for the execution of the contract, whether there is an obligation to provide the personal data and the related consequences of not providing the personal data.
Invite Scene is not responsible for, nor do we maintain control of, personal data that may or may not be transmitted through the use of third-party services, such as Discord.
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