Usage Rights Agreement
We are pleased that you like our products so much. We are Wickey GmbH & Co. KG and we would like to share and use photos of your play equipment on our websites and other marketing platforms, including social media. But we need your permission to use your photo (called UGC, which stands for User Generated Content) and your associated rights. Unfortunately, now comes the boring, but necessary part of the approval. An agreement concerning the granting of your usage rights to your UGC must cover certain points, otherwise we cannot use your UGC. This agreement is called a Usage Rights Agreement or a Licensing Agreement. You also grant us a licence to use your UGC. Please read through the following text and then, if you want us to share your UGC, fill out our online consent form in full. By sending the form, you agree to the following, and conclude a Usage Rights Agreement with us:
You grant us and our partners at no cost the non-exclusive usage and exploitation rights, unrestricted with respect to time and location, to your UGC for all known and unknown types of use. Exploitation can occur in particular via the Internet, such as on our websites and our social media sites as well as other market places, but also in printed form, such as on flyers or posters, and in the form of data storage media, such as USB sticks as well as on other media. Should new technical opportunities for exploitation become known, Wickey would like to have the option to use this.
Some of the terms from this section were legal terms and so we shall clarify them for you:
“non-exclusive” means that you can also assign the rights to other parties and you can use your UGC in any other way that you wish
“unrestricted with respect to time, content and location” means that we can use your UGC for an indefinite period of time and in any place.
Our associated companies according to Section 15 Aktiengesetz (Stock Corporation Act) and Anchor Media GmbH (squarelovin) are exclusively considered as our partners.
The granting of usage rights also includes the right of reproduction, right of distribution and right of exhibition (physical rights of exploitation), the right to make available to the public (particularly on the Internet), the right to reproduce on image or sound storage media as well as unknown types of use. The granting of usage rights includes particularly (but not conclusively) the following rights and purposes with regard to the use intended by Wickey:
- the right to reproduce, make available to the public and distribute, i.e. the right to reproduce, make publicly available and publicly reproduce the work without restriction involving any technical opportunities, particularly through digital inclusion within the website;
- the right of provision on demand, i.e. the right to store the UGC, to keep it ready for the public, to transfer it to one or more requesting parties, and to do so on all analogue or digital electronic databases, electronic data networks and telecommunications services networks;
- the right to public reproduction, i.e. the right to reproduce the UGC publicly for commercial or non-commercial purposes, through image storage media, image/sound storage media, multimedia carriers or other data storage media, chips, in all formats, using all analogue and digital processes and technologies;
- the processing right, i.e. the right to transform and process the work itself or through third parties in any manner while protecting the author’s moral rights, and in particular to digitalise the work for the purpose of including it in the website;
- the advertising right, i.e. the right to use the work for promoting the website, including in any other media and outside the Internet, namely on television and in print media, but not for promoting third-party products;
Granting of rights also includes partial use of the works and use in connection with other works
Crediting may be omitted, which means that we are not obliged to state your name as the author of the UGC.
In order to be able use your UGC, we must be certain that you are entitled to its use. That is why you assure us that
- you are the owner of the transferred rights
- the UGC is free from the rights of third parties who could prevent use by us
- no personal rights of third parties are violated by publishing the UGC. This means that all persons pictured on the UGC agree to publication by you and by us. If a minor is pictured, the minor’s parents/legal guardians must agree to publication.
- you are the author of the UGC or you are entitled to use and grant the rights to us.
- you are already of legal age, i.e. you are at least 18 years old.
You also assure us that you hereby release us from all claims that are derived by third parties from the UGC violating their property rights, which is undisputed or established by a court, court of arbitration or another conciliation board. Should claims due to such a violation of property rights be asserted against us, this release also includes your obligation to refund us the costs for reasonable legal proceedings that we incur to avert the claim. Additional or other claims on our part remain unaffected.
The law of the Federal Republic of Germany shall apply to this Agreement. If you are a consumer, who does not conclude the Agreement for professional or commercial purposes, this choice of law only applies insofar as the protection afforded by obligatory provisions of the law of the state in which you have your usual place of residence is not withdrawn. The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
If you are a businessperson, legal entity under public law or special fund under public law, the exclusive place of jurisdiction for all disputes from this Agreement is the registered office of WICKEY GmbH & Co. KG. The same applies if you have no place of general jurisdiction in Germany, or your domicile or usual place of residence is not known at the time of the institution of legal proceedings.
Should individual provisions of this Agreement be or become invalid in full or in part, the validity of the remaining provisions shall not be affected.
If you have questions, please contact:
|WICKEY GmbH & Co. KG||Franz-Savels-Straße 69||52538 Gangelt / Germany||Tel. +41 (0)31 5280 365||E-Mail: [email protected]|
In the following, we inform you about how your personal data are handled on conclusion of the Agreement. In this context, personal data are all data with which you can be identified personally.
We are the controller for the data processing within the meaning of the General Data Protection Regulation (GDPR), i.e. Wickey GmbH & Co. KG, Franz-Savels-Straße 69, 52538 Gangelt, Germany, Tel.: +41 (0)31 5280 365, Email: [email protected]
Our company data protection officer can be reached at our address, Attn: Data Protection Officer, or at [email protected]
Data processing is performed for the fulfilment of the Usage Rights Agreement and is necessary in accordance with Article 6(1)(1)(b) GDPR for the specified purposes for appropriate processing of the Usage Rights Agreement and for mutual fulfilment of obligations from the Agreement.
The personal data collected by us are passed on to our partners and external service providers during implementation of the Agreement insofar as this is necessary for implementation of the Usage Rights Agreement. The legal basis for the transfer of data in this case is Article 6(1)(b) GDPR.
If our service providers or partners have their registered office in a state outside the European Economic Area (EEA), we shall inform you about the consequences of this fact in the description of the offer. We shall only transmit your data to a service provider or partner outside the EEA if the place of delivery that you have indicated in your order lies outside the EEA. We shall transmit your data to service providers or partners outside the EEA if there is a Commission adequacy decision for the respective country. In the event of transmission in accordance with Article 46 or Article 47 or Article 49(1)(2), we shall inform you about the consequences of this fact in the offer. Commission adequacy decisions exist for the following countries: Andorra, Argentina, Canada (commercial organisations), Faroe Islands, Guernsey, Israel, Isle of Man, Jersey, New Zealand, Switzerland, Uruguay, USA (restricted to the Privacy Shield Framework). You can find statements of the Commission on their adequacy decisions under: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_de
You can find statements and explanations on the EU-US Privacy Shield under: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/eu-us-privacy-shield_de
The personal data collected by us for implementation of the Agreement are stored until the end of the statutory limitation period (3 years after the end of the calendar year in which the claim occurred, and the creditor obtains knowledge of the circumstances substantiating the claim and of the person of the debtor or should have obtained knowledge without gross negligence, Section 199(1) BGB (Civil Code)) and are thereafter deleted unless we are obliged to longer storage in accordance with Article 6(1)(1)(c) GDPR due to retention and documentation obligations under tax and commercial law (from HGB (Commercial Code), StGB (Criminal Code) or AO (Fiscal Code)), or you have consented to additional storage in accordance with Article 6(1)(1)(a) GDPR.
You have the right:
- under Article 15 GDPR to demand information about your personal data processed by us. In particular, you can request information on the purposes of the processing, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right of appeal to a supervisory authority, the provenance of your data if these data have not been collected by us, as well as the existence of automated decision-making including profiling in accordance with Article 22(1) and (4) GDPR and meaningful information about the logic involved as well as the implications and intended effects of such processing for the data subject. You have the right to demand information on whether your personal data will be transmitted to a third country or an international organisation. In this context, you can request to be informed about the appropriate guarantees pursuant to Article 46 GDPR in connection with the transmission;
- under Article 16 GDPR to request immediate rectification or completion of your personal data stored by us;
- under Article 17 GDPR you can request erasure of your personal data stored by us in the following cases:
- your personal data are no longer necessary for the purposes for which they were collected or were processed in other ways.
- you revoke your consent on which the processing is based pursuant to Article 6(1)(a) or Article 9(2)(a) GDPR and there is no other legal basis for the processing.
- you file an objection against the processing pursuant to Article 21(1) GDPR and there are no overriding justified reasons for the processing, or you file an objection against the processing pursuant to Article 21(2) GDPR.
- your personal data were processed unlawfully.
- the erasure of the your personal data is required for fulfilment of a legal obligation under EU law or the law of a member state to which the controller is subject.
- your personal data were collected in relation to the offer of information society services pursuant to Article 8(1) GDPR.
If the controller has made your personal data public and is obliged pursuant to Article 17(1) GDPR to erase the data, it shall take appropriate measures, including of a technical kind, taking into consideration the available technology and implementation costs, to inform the controllers for the data processing, who process the personal data for which you as the data subject have requested erasure, about all links to these personal data or about copies or replications of these personal data.
If the processing of your personal data has been restricted, these data, apart from their storage, may only be processed with your consent or for the establishment, exercise or defence of legal claims, or for the protection of the rights of another natural or legal person, or for reasons of substantial public interest of the European Union or a member state.
If restriction of the processing was restricted according to the aforementioned provisions, you shall be informed by the controller before the restriction is lifted;
- under Article 20 GDPR to receive the personal data that you have provided to us in a structured, commonly used and machine-readable format or to request the transfer of these data to another controller. You also have the right to transfer these data to another controller without obstruction by the controller to whom the personal data were provided, if
- the processing is based on consent pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR or on an agreement pursuant to Article 6(1)(b) GDPR and
- the processing occurs by means of an automated procedure.
In exercising this right, you also have the right to effect that your personal data are transferred directly from one controller to another controller insofar as this is technically feasible. Liberties and rights of other persons may not be compromised by this.
under Article 7(3) GDPR to revoke the consent you have given to us at any time. As a result of this we shall no longer be permitted to perform data processing based on such consent in the future and
under Article 77 GDPR to lodge a complaint with a supervisory authority. For this, you can generally contact the supervisory authority of your usual place of residence or work or our registered office.
If your personal data are processed on the basis of legitimate interests pursuant to Article 6(1)(1)(f) GDPR, you have the right under Article 21 GDPR to object to the processing of your personal data if there are grounds relating to your particular situation or the objection is levelled against direct advertising. In the latter case, you have a general right of objection, which shall be implemented by us without stating a particular situation. If you would like to exercise your right of revocation or objection, an email to [email protected] is sufficient.
Naturally, you can object to the processing of your personal data for purposes of advertising and data analysis at any time. You can inform us about your objection to advertising at the above email address.