Dr. Emi Arpa Skin GmbH, Fasanenstraße 65, 10719 Berlin ("Dr. Emi", "we") has set up an account on the platform videoask.com, through which users of Dr. Emi's products ("User") can upload videos showing their skincare routine, the application of Dr. Emi products, or their recommendations of Dr. Emi Arpa Skin products (collectively "UGC"). Dr. Emi wants to use this UGC to promote her own products as well as for image advertising ("Purpose") and to publish the UGC for this purpose on her own website (www.dr-emiskin.de) and her own social media accounts, particularly on the platforms Instagram, TikTok, Snapchat, and Facebook. For this, Dr. Emi needs the consent of the users (see item 1) and the granting of copyright usage rights (see item 2).
1. Data Protection Notices
As soon as users can be identified on the UGC, the UGC contains personal data within the meaning of Art. 4 No. 1 GDPR, in particular the image and possibly the (social media) name of the user. Dr. Emi is responsible for processing this personal data within the meaning of Art. 4 No. 7 GDPR. Dr. Emi stores, processes, and publishes the UGC for the aforementioned purpose and through the aforementioned distribution channels. The legal basis for this is the user's consent (Art. 6 para. 1 lit. a) GDPR). Consent is voluntary and can be revoked by the user at any time without giving reasons by sending an email to hello@dr-emiskin.de. Dr. Emi stores the UGC until the consent is revoked, but for no longer than [two years] from the upload of the UGC. Dr. Emi only shares the UGC with third parties when it is necessary to fulfill the purpose. For the achievement of the purpose, we may cooperate with service providers, whom we engage as processors within the meaning of Art. 28 GDPR; e.g., the operator of the platform videoask.com: TYPEFORM SL, C/ Can Rabia 3-5, 4th floor, 08017 Barcelona, Spain. The privacy policy of TYPEFROM SL can be accessed here: https://admin.typeform.com/to/eWpkapYC
Our complete privacy policy is available at https://dr-emiskin.de/pages/datenschutz.
By using the internet, the photos and/or videos can be accessed and saved worldwide. Corresponding data can also be found using so-called "search engines". It cannot be ruled out that other people or companies may alter these images and/or videos, use them for other purposes, or link them with other data available on the internet to create a personal profile. Through the archive function of search engines, the data is often still retrievable even if it has already been removed or changed from the aforementioned websites.
2. Notes on Granting Rights
The subject of the rights grant is the UGC created by the user. By uploading the UGC via Dr. Emi's account on the platform videoask.com, the user Dr. Emi grants the simple, unlimited right in terms of time, space, and content to use the UGC for the purpose. This includes the right of Dr. Emi to edit, reproduce, and make the UGC publicly accessible and available on the Internet on their own website at www.dr.-emiskin.de as well as on Dr. Emi's own social media accounts (e.g., Instagram, TikTok, Snapchat, Facebook).
The user assures that they have created the UGC themselves, that no third-party rights exist to it, and that they are entitled to the aforementioned grant of rights. The user also assures that the publication of the UGC on Dr. Emi's social media platforms does not violate any third-party rights, especially personal and copyright rights. This also includes any rights to the music works used.
The user will not be mentioned by name in the context of the publication. The granting of rights is free of charge.
