Dr. Emi Arpa Skin GmbH, Fasanenstraße 65, 10719 Berlin ("Dr. Emi", "we") has set up an account on the videoask.com platform through which users of Dr. Emi products ("Users") can upload videos showing them during their skincare routine, the application of Dr. Emi products or their recommendations of Dr. Emi Arpa Skin products (collectively "UGC"). Dr. Emi would like to use this UGC to promote its own products and image ("Purpose") and publish the UGC for this purpose on its own website (www.dr-emiskin.de) and its own social media accounts, in particular on the Instagram, TikTok, Snapchat and Facebook platforms. For this purpose, Dr. Emi requires the consent of the users (see section 1.) and the granting of copyright usage rights (see section 2.).
1. data protection information
As soon as users are identifiable on the UGC, the UGC contains personal data within the meaning of Art. 4 No. 1 GDPR, in particular the portrait and, if applicable, the (social media) name of the user. Dr. Emi is responsible for the processing of 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 on the aforementioned dissemination channels. The legal basis for this is the consent of the user (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 Emi stores the UGC until consent is withdrawn, but for no longer than [two years] after the UGC is uploaded. Dr. Emi will only pass on the UGC to third parties if this is necessary for the fulfillment of the purpose. In order to achieve the purpose, we may work together with service providers that we engage as processors within the meaning of Art. 28 GDPR; e.g. the operator of the videoask.com platform: TYPEFORM SL, C/ Can Rabia 3-5, 4th floor, 08017 Barcelona, Spain. The data protection information of TYPEFROM SL is available here: https://admin.typeform.com/to/eWpkapYC
Our complete data protection information is available at https://dr-emiskin.de/pages/datenschutz
The photos and/or videos can be retrieved and stored worldwide through use on the Internet. Corresponding data can thus also be found via so-called "search engines". It cannot be ruled out that other people or companies may change these images and/or videos, use them for other purposes or link them to other data available on the internet and create a personality profile. Moreover, the data can often still be retrieved via the archive function of search engines even if it has already been removed or changed from the above-mentioned websites.
2. information on the granting of rights
The object of the granting of rights is the UGC created by the User. By uploading the UGC via Dr. Emi's account on the videoask.com platform, the User grants Dr. Emi the non-exclusive right to use the UGC for the intended purpose, unlimited in terms of time, space and content. This includes Dr. Emi's right to edit and reproduce the UGC and to make it publicly accessible and retrievable on the Internet on its own website at www.dr.-emiskin.de and on Dr. Emi's own social media accounts (e.g. Instagram, TikTok, Snapchat, Facebook).
The User warrants that he has created the UGC himself and that there are no third-party rights to it and that he is authorized to grant the aforementioned rights. The User further warrants that the publication of the UGC on Dr. Emi's social media platforms does not infringe any third-party rights, in particular personal rights and copyrights. This also includes any rights to musical works used.
The user is not named in the publication. The granting of rights is free of charge.