USAGE RIGHTS AGREEMENT

v.22.01.2020

We, Eucerin , are so happy that you like our products that much! We’ve came across your picture or video and just had to ask if we Beiersdorf UK could use it on our marketing channels. Therefore, we’d like to agree with you on the assignment of the right to use your UGC (“User Generated Content” – “UGC”).

By responding to this usage rights request with the hashtag #yeseucerin you are agreeing to the following terms:

You assign to BEIERSDORF the non-exclusive rights (e.g. usage rights, personal rights) to use, publish and disseminate your UGC. This assignment of rights is without limitation as to time (unlimited), territory (worldwide), extent, media (including, but not limited to Online (incl. social media) and BEIERSDORF Intranet) or intention of use.

The right includes the right to edit, namely the right to edit the UGC and to combine it with other elements, such as text or graphic elements. BEIERSDORF shall be entitled to transfer said rights to other parties, including, but not limited to, BEIERSDORF’s affiliated companies as well as agencies.

BEIERSDORF is not obligated to use the UGC. If the UGC is being used, BEIERSDORF is not obligated to, but nevertheless allowed to, mention your name or social media account name and to use your social media profile picture as well as your UGC text incl. hashtags.

The grant of the above mentioned rights shall be made free of charge.

The assigned rights are:

• “non-exclusive” meaning you may use the UGC for your own purposes or let others use your UGC for their purposes;
• “free” meaning free of any charges. We do not owe you anything in connection with our use of your UGC;
• “timely unlimited” meaning that you grant us the license for an indefinite period of time;
• “locally unlimited” meaning we may exercise our rights anywhere in the world;
• “unlimited to any kind of media” meaning that you grant us the license for all kinds of media.

By agreeing to the terms of this USAGE RIGHTS AGREEMENT, YOU PROMISE US

• that you have the right to grant us the usage rights with regards to your UGC in the extent described above;
• that you have permission from all person(s) pictured in your UGC, that the UGC in which they are pictured can be used in the extent described above;
• that you have paid and will pay in full any fees or other payments that may be related to the use of your UGC;
• your UGC does not infringe any legal rights of any third party, for example intellectual property rights or privacy rights;
• you as an individual are at least eighteen (18) years of age or as a legal representative agree to the rights transfer in the extent described above.

This agreement shall be governed by and construed in all respects in accordance with the material laws of England and Wales (excluding the UN Convention on Contracts for the International Sale of Goods as well as any conflict of law rules which may direct that the laws of another jurisdiction be applied).

The exclusive place of jurisdiction for all legal disputes because of or in connection with this agreement is our place of business.

For further information, please contact:

Beiersdorf UK Ltd
Bickenhill Lane
B37 7ES Birmingham

 +44 (0)121 329 8800
 https://www.beiersdorf.co.uk/

Privacy Notice - Processing of Personal Data acc. to Art. 13 and 14 UK GDPR

With the following privacy notice we would like to provide you with information regarding the processing of personal data by Beiersdorf.

The Controller of the processing of personal data is:

Beiersdorf UK Ltd., Trinity Business Park, Birmingham, B37 7ES („Beiersdorf“).

Contact details of the data protection manager: [ noedataprotection@beiersdorf.com or via the postal address of the controller for the attention of the “data protection manager ”.

The legal basis for the processing is Art. 6. 1 b) UK General Data Protection Regulation (UK GDPR) for fulfilling the purpose of the contract as stated above within the user rights agreement.

Data recipients:

Beiersdorf transfers the collected data for processing to the respective internal functions/units as well as to other affiliated companies within the Beiersdorf Group or to external service providers, processors (e.g. hosting, gaining agreement and content providing) in accordance with the purposes required (to fulfil the user rights agreement). Service providers can have access to personal data from a third country (countries outside the UK or outside the European Economic Area) Standard contractual clauses were concluded with these external service providers, unless they are located in countries with a decision on an adequacy basis pursuant to Art. 45 of UK GDPR. However, in the event of a legal obligation, Beiersdorf reserves the right to disclose information about you if it is required to surrender it by lawful authorities or law enforcement bodies.

Your data will be deleted after the ending of the above-mentioned user rights agreement, unless there are legal storage obligations or periods of limitation that must be complied with. As a general rule, the data will be used and stored for a maximum period of 10 years.

Your rights:

You may at any time object to the processing (applies only when legal basis is Art. 6(1) f) UK GDPR) or withdraw the consent (Art. 6 (1) a) UK GDPR) regarding the use of your personal data for the future. You may also request a rectification or a partial or complete deletion, request information about the data stored by us regarding your person (right of access), obtain restriction of the processing or a transfer of your data, unless this has been restrained in accordance with (local) legislation or if the respective law is not applicable (e.g. the objection is only applicable for the legal basis according to Art. 6 para. 1 e) and f)) UK GDPR.

For this purpose, please contact the above-mentioned Controller.

In the event of your withdrawal/ objection, your personal data will not be processed further and will be subsequently deleted by us, unless further processing with the personal data is required, admissible or otherwise agreed on in accordance with the applicable data protection laws (in particular the UK General Data Protection Regulation) or any other legal provision.

In addition, you have the right to lodge a complaint with a supervisory authority at any time.