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Old 03-24-2018, 03:21 PM   #5
RiskyFlame
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Quote:
Originally Posted by Magnetic View Post
Isn't GetDare itself a service, RiskyFlame? Don't you provide us with the service of contacting and communicating with each other?
I guess it's a service although, I don't know exactly how to describe the services that getDare provides its members. Maybe I can describe it as the service of offering free content and the service of the possibility to share content.

Quote:
Originally Posted by Magnetic View Post
If this you consider the website a service, according to article 2, paragraph 2, point B, GetDare does qualify.
Taking a closer look at recital 24 (quoted below) to see whether getDare applies to article 3.2b, I understand that getDare is not applicable to this article. Because getDare does not track natural persons on the internet.

Then you might think: what about taking decisions concerning EU data subjects using processing techniques which consist of profiling a natural person? A getDare moderator or administrator is but a member of getDare and not employed by getDare. As I said, I am rarely in touch with legal documents and don't know much about the laws on topics such as these but shouldn't gD mods and admins be employed to be a part of getDare? To be paid or at the very least, receive a compensation for the work. Honestly, I wouldn't know whether, by law, getDare mods and administrators are part of getDare. If they are part of getDare then I guess the GDPR applies to getDare (still not entirely sure). If it's not part of getDare then the GDPR doesn't apply to getDare, right?

Quote:
Originally Posted by Recital 24 GDPR
Applicable to processors not established in the Union if data subjects within the Union are profiled*

Recital 24 Applicable to processors not established in the Union if data subjects within the Union are profiled*

¹The processing of personal data of data subjects who are in the Union by a controller or processor not established in the Union should also be subject to this Regulation when it is related to the monitoring of the behaviour of such data subjects in so far as their behaviour takes place within the Union. ²In order to determine whether a processing activity can be considered to monitor the behaviour of data subjects, it should be ascertained whether natural persons are tracked on the internet including potential subsequent use of personal data processing techniques which consist of profiling a natural person, particularly in order to take decisions concerning her or him or for analysing or predicting her or his personal preferences, behaviours and attitudes.

* This title is an unofficial description.
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