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 and/or videos of your play equipment on our websites and other marketing platforms, including social media. But we need your permission to use your photo and/or your video (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.
Below, you will find information on how we use your personal data when you enter into the contract. Personal data is all data that personally identifies you.
We, Wickey GmbH & Co. KG, Franz-Savels-Straße 69, 52538 Gangelt, Deutschland, Tel.: +49 (0) 24 54-582 849 0, Email: [email protected], are the Data Controller responsible for data processing within the meaning of the General Data Protection Regulation (GDPR).
Our external Data Protection Officer can be contacted at our address with correspondence marked "FAO Data Protection Officer" or by email at [email protected]
Data processing is carried out for the fulfilment of the right of use contract and is 6 Para. 1 (1 b) DSGVO, is necessary for the stated purposes for the proper processing of your orders and for the mutual fulfilment of obligations arising from order contracts.
The personal data collected by us will be passed on to our partners and external service providers as part of the processing of the contract, insofar as this is necessary for the processing of the right of use contract. The legal basis for the forwarding of data is Art. 6 Para. 1 ( b) DSGVO.
The data will be passed on to third countries for the implementation of the contract.
Your personal data will be stored for as long as necessary for the implementation of the right of use contract.
In accordance with the EU General Data Protection Regulation, you have the following rights:
- In accordance with Article 15 GDPR, to request information about your personal data processed by us.
- In accordance with Article 16 GDPR, to request the prompt rectification of incorrect personal data or the completion of personal data stored by us;
- In accordance with Article 17) DSGVO, you may demand the deletion of personal data stored by us in the following instances:
- In accordance with Article 18 GDPR, you have the right to obtain restriction of the processing of your data
- In accordance with Article 20 GDPR, you can have your data transferred
- If you have given your consent, you can revoke it in accordance with Article 21 GDPR
- In accordance with Article 21, you have the right to object to the processing
You also have the right to lodge a complaint about the processing of your personal data with a supervisory authority, pursuant to Article 77 GDPR.