We would love to share your Wickey paradise with our community and inspire other members. We'd be delighted if you would agree! If you find a comment from us under one of your posts, asking for your permission to use your photo or video, we would be delighted to receive your consent. Reply to our comment with the hashtag #yeswickey and agree to our usage rights agreement below.
We are Wickey GmbH & Co. KG and would like to share and use photos and/or videos of your playground equipment on our websites and other marketing platforms, including social media channels. However, we need your permission to use your photo and/or video - this is called UGC, or User Generated Content - and your associated rights. Here comes the dry - but unfortunately necessary - part of the release. An agreement on the granting of your rights of use to your UGC must cover certain points, otherwise we will not be able to use your UGC. This agreement is called a usage rights agreement or licence agreement. You therefore grant us a licence to use your UGC.By submitting the comment "#yeswickey" you agree to the following and conclude a usage rights agreement with us:
You grant us and our partners non-exclusive, temporally and geographically unrestricted rights of use and exploitation for all known and unknown types of use of your UGC, free of charge. Utilisation can take place primarily via the internet, e.g. our websites and our presences on social media channels and other marketplaces, but also in printed form, e.g. on flyers or posters, as well as in the form of data carriers such as USB sticks and other media. Should new technical possibilities for utilisation become known, Wickey would like to have the opportunity to make use of them. Some of the terms in the paragraph were legal, so we'll explain them to you:
"non-exclusive" means that you can also assign the rights to others, and you can also use your UGC however you like
"unlimited in terms of time, content and territory" means that we can use your UGC for an unlimited period of time and also for an unlimited territory.
Our partners are exclusively our affiliated companies in accordance with Section 15 of the German Stock Corporation Act and Flowbox AB.
The granting of rights of use includes the right of reproduction, the right of distribution and the right of exhibition (physical exploitation rights), the right of making available to the public (in particular on the internet), the right of reproduction on image and sound carriers as well as unknown types of use. In particular (but not conclusively), the granting of the right of use includes the following rights and purposes of use 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 and make available to the public or publicly reproduce the work, including any technical possibilities, in particular through digital integration on our website, without limitation;
- the right of making available on demand, i.e. the right to store the UGC, to make it available to the public, to transmit it to one or more retrievers, in all analogue or digital electronic databases, electronic data networks and networks of telecommunications services;
- the right of communication to the public, i.e. the right to reproduce the UGC commercially or non-commercially, by means of image carriers, audiovisual carriers, multimedia carriers or other data carriers, chips, in all formats, using all analogue and digital processes and techniques;
- the editing right, i.e. the right to redesign and edit the work as desired, in particular to digitise it for the purpose of integrating it into the website, while preserving the moral rights of the author;
- the advertising right, i.e. the right to use the work for advertising the website, including in any other media and outside the internet, namely on television and in print media, but not for advertising third-party products;
The granting of rights also includes the use of excerpts of the works and use in connection with other works
Your name may be omitted, i.e. we are not obliged to mention your name as the author of the UGC.
In order for us to use your UGC, we must be sure that you are authorised to use it. Therefore, you assure us that
- You are the owner of the transferred rights
- the UGC is free of third-party rights that could prevent us from using it
- the publication of the UGC does not violate the personal rights of third parties. This means that all persons depicted on the UGC agree to the publication by you and by us. If a minor is depicted, their legal guardian must consent to the publication
- You are the author of the UGC or are authorised to use and grant the rights to us.
- You are of legal age, i.e. 18 years old.
You also guarantee that you hereby indemnify us against all claims derived by third parties in the event that the UGC infringes their property rights, undisputedly or as established by a court, arbitration tribunal or other arbitration body. If claims are asserted against us due to such an infringement of property rights, this indemnification shall also include your obligation to reimburse us for the costs of reasonable legal action incurred by us to avert the claim. Further or other claims on our part remain unaffected.
This agreement shall be governed by the laws of the Federal Republic of Germany. If you are a consumer who is not concluding the contract for professional or commercial purposes, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the country in which you have your habitual residence is not withdrawn. The provisions of the UN Sales Convention (CISG) shall not apply.
If you are a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this agreement shall be the registered office of WICKEY GmbH & Co. KG . The same applies if you do not have a general place of jurisdiction in Germany or if your place of residence or habitual abode is unknown at the time the action is filed.
Should individual provisions of this agreement be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.
If you have any questions, please contact us:
|WICKEY GmbH & Co. KG
|52538 Gangelt / Deutschland
|Tel. +49 (0) 24 54-582 849 0
|E-Mail: [email protected]
Notes on the processing of your personal data
In the following we inform you about the handling of your personal data when concluding the agreement. Personal data is all data with which you can be personally identified.
We, Wickey GmbH & Co. KG, Franz-Savels-Straße 69, 52538 Gangelt, Deutschland, Tel.: +49 (0) 2454 589 890, Email: [email protected], are the Data Controller responsible for data processing within the meaning of the General Data Protection Regulation (GDPR).
Our data protection officer can be contacted by post with correspondence marked FAO Data Protection Officer or by email at [email protected]
The data processing is carried out for the fulfilment of the rights of use agreement and is required in accordance with Art. 6 para. 1 sentence 1 lit. b GDPR for the purposes mentioned for the appropriate processing of the rights of use agreement and for the mutual fulfilment of obligations arising from the agreement.
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 transfer of data is Art. 6 para. 1 lit. b GDPR.
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 fulfilment of the user rights agreement.
According to the EU General Data Protection Regulation, you have the following rights:
- In accordance with Art. 15 GDPR, you can request information about your personal data processed by us
- In accordance with Art. 16 GDPR, you can immediately request the correction of incorrect or incomplete personal data stored by us
- In accordance with Art. 17 GDPR, you can request the deletion of your personal data stored by us in the following cases
- In accordance with Art. 18 GDPR, you can have the processing of your data restricted
- In accordance with Art. 20 GDPR, you can have your data transferred
- If you have given your consent, you can revoke it in accordance with Art. 21 GDPR
- You can object to the processing in accordance with Art. 21
You also have the right to lodge a complaint about the processing of your personal data with a supervisory authority in accordance with Art. 77 GDPR.