Care goes both ways — Social Photo Mosaic

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Terms and Conditions

By uploading your picture and/or message, you (“Participant”) hereby agree and consent to Fresenius Medical Care Asia Pacific Limited (“FME”) and its affiliates to use the submitted picture and message for its promotional and media materials in accordance with the following terms and conditions:

 

1.  DEFINITIONS. The following terms will have the following meanings unless the context otherwise requires:

1.1 “Intellectual Property Rights” means all worldwide copyright rights, trademark rights, rights of publicity or personality, moral rights, and any and all other intellectual property or proprietary rights, including the right to sue for damages pursuant to the foregoing intellectual property or proprietary rights.

1.2 “Promotional Materials” means the use of the Media Materials in any medium or format whatsoever now existing or hereafter created, including but not limited to (a) print media, other print products (e.g. advertisements, brochures, posters, panels etc.); (b) digital brochures and other digital Promotion Material, e.g. on tablet computers; (c) footage, video or photo materials, e.g. TV, cinema, radio, internet; (d) congresses, e.g. on exhibition stands, rollups; (e) internet sites, e.g. on the corporate website; (f) Mobile applications; (g) social media; (h) 3D models, 2D/3D animations; (i) company-internal use such as for websites, presentations, company magazines; (j) other advertising and sales promotion material; and (k) PR conceptions.

2. PARTICIPANT RESONSIBLITIES:

2.1 Only upload pictures that are relevant and appropriate to the social mosaic and that meet intellectual property, privacy, and other applicable laws.

2.2 You must hold the copyright of the pictures that you are uploading. Pictures that are considered to infringe the copyright or trademarks of other individuals, organizations or companies will not be permitted and will be removed.

2.3 By uploading a picture you guarantee that any people which are clearly identifiable have consented to have their pictures being displayed, and that you have full rights and sufficient written permission (if necessary) to use the picture and accept full responsibility for such use.

2.4 You must not upload pictures that contain objectionable content, including but not limited to nudity, violence, and other offensive, illegal or inappropriate pictures. Also, pictures cannot contain advertisement or links.

2.5 By uploading a picture to our website, you are agreeing to indemnify FME from any liability resulting from breaches of copyright of the image existing online on our website in digital form.

2.6 You acknowledge that FME reserves the right to reject and remove any uploaded photo from display on its website, for any reason, at any time, without prior notice.

2.7 You are aware that your consent is voluntary and that you can revoke it at any time with effect for the future, by contacting [email protected] with request to delete picture on your behalf.

2.8 In case you have questions about the processing performed by FME on your picture and/or message, please reach out to [email protected]

 

3. ASSIGNMENT OF RIGHTS AND DISCLAIMER

3.1 Participant hereby irrevocably, and in perpetuity, permits, authorizes, grants, and licenses to FME and its affiliates, successors, and assigns, and their respective licensees, advertising agencies, promotion agencies, and fulfillment agencies, and the employees, officers, directors, and agents of each and all of them (”Authorized Persons”), the rights to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license, otherwise use, and permit others to use Participant’s name, image, likeness, appearance, voice, statements and other personal characteristics, and all materials created by or on behalf of FME that incorporate any of the foregoing (”Media Materials”) throughout the world in any Promotional Materials for any purpose.

3.2 Participant hereby irrevocably assigns to FME, and agrees to assign his or her entire right, title, and interest in and to the Media Materials and the Promotional Materials (collectively, the “Materials”) and all Intellectual Property Rights therein.

3.3 Participant acknowledges and agrees that Participant will have no right to review or approve Materials before they are used by FME, and that FME has no liability to Participant for any editing or alteration of the Materials or for any distortion or other effects resulting from FME’s editing, alteration, or use of the Materials, or FME’s presentation of the Participant. Any credit or other acknowledgment of Participant, if any, shall be determined by FME in FME’s sole discretion. Participant acknowledges and agrees that FME has no obligation to create or use the Materials or to exercise any rights given by this Agreement.

3.4 To the fullest extent permitted by applicable law, Participant hereby irrevocably waives all legal and equitable rights or claims, including but not limited to claims for copyright or trademark infringement, claims based on passing off or moral rights, libel, defamation, invasion of any rights of privacy (including intrusion, false light, public disclosure of private facts, and misappropriation of name or likeness), violation of rights of publicity or personality, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world arising directly or indirectly from the Authorized Persons’ exercise of their rights under this Agreement or the production, exhibition, exploitation, advertising, promotion, or other use of the Materials, and whether resulting in whole or in part by the negligence of FME or any other person.

4. DATA PRIVACY NOTICE

Participant acknowledges that he / she has read and reviewed Hearts for Hearts site’s Privacy Policy and the following Data Privacy Notice, and consents to the use of his / her personal data as set forth in Section 3 and Section 4.

4.1 Who is the controller and what is this Privacy Notice about?

This Privacy Notice provides you with information referring to the data processing that will be performed by Fresenius Medical Care Asia Pacific Limited. (“FME”) and its affiliates upon your consent, to use your personal data as set forth in the Assignment of Rights of Personality / Publicity And Waiver. This Privacy Notice explains how your personal data is collected, used, transferred and disclosed and why. This Privacy Notice also describes your rights and how you can execute them.

4.2 Which categories of personal data are processed?

The following personal data is processed for the purposes of creating Promotion Materials: name, image, likeness, appearance, voice, statements and other personal characteristics. Any personal information such as name and contact details will also be retained. Images may also provide information about your ethnic origin, religion or health (e.g. skin color, dialysis patient, hearing aid, glasses etc.).

4.3 For which purposes is personal data being processed?

Data are processed for the creation of Promotion Materials by FME. The processing of your data is based on your consent. In case you should withdraw your consent, this will not affect the processing made before withdrawal and FME will either cease the processing or continue the use of the Promotion Materials, provided that it is secured by adequate measurements (e.g. by using a black bar, pixels or blurring) so that the Promotion Materials are anonymized and it is not possible to identify you. FME may continue using your data for a reasonable period of time after you withdraw your consent when immediate removal would impair the use of the Promotion Materials by FME. FME will make such determination on a case-by-case basis taking into account your rights under the applicable data privacy laws.

4.4 Who has access to your personal data?

Access to data is granted only to FME’s personnel authorized and having a legitimate interest to access your data and perform the activity related to the Promotion Materials. Data are transferred to third-party service providers for the purpose of supporting FME in the creation, use and deployment of the Promotion Materials.

4.5 Are data transferred to countries outside of my home country?

Due to the global nature of FME’s operations, we may transfer your personal information outside your home country, including to countries that have a different data protection regime, notably to affiliates of FME located abroad. If you are located in the European Economic Area (the “EEA”) this may include countries outside of the EEA. In case of cross border transfer, we transfer the personal information based on EU contractual clauses that impose equivalent data protection obligations directly on the recipient, or on compliance with legal obligation other legal mechanisms that may be required in your country. Due to the nature of the Promotion Materials, circulation of your data will also imply cross border transfer to third parties with whom FME does not have any contractual relationship (including publication on company websites, social media pages, paper brochures, etc.). In such a case, transfer is based upon your consent.

4.6 For how long do we keep your Personal Data?

Unless you should withdraw your consent to the processing, we will store your personal data in accordance with applicable laws. We will take the appropriate legal, organisational, and technical measures to protect personal data consistent with applicable privacy and data security laws. If we retain a third-party service provider, that provider will be carefully selected and required to use appropriate measures to protect the confidentiality and security of the personal data.

4.7 What are your rights?

Depending on the applicable laws, you may have the right to request access to your personal data, the right to request rectification of your personal data, the right to request erasure of your personal data, the right to request the restriction of processing of your personal data, and the right to data portability. Please note, however, that certain personal data may be exempt from such access, correction and deletion requests pursuant to applicable data protection laws or other laws and regulations. Furthermore, you have the right to lodge a complaint with the competent supervisory authority. Please be informed that FME does not perform any automated decision-making processing, which may entail a decision based solely on such automated processing.

4.8 Changes to this Privacy Notice

This Privacy Notice may be updated from time to time without prior notice. You are responsible for keeping yourself updated on any such changes herein that might affect you.

5. MISCELLANEOUS TERMS

5.1 These terms and conditions constitute the sole and entire agreement of FME and the Participant with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

5.2 Participant has not relied on any statement, representation, warranty, or agreement of Company or of any other person on Company’s behalf, including any representations, warranties, or agreements arising from statute or otherwise in law, except for the representations, warranties, or agreements expressly contained in this Agreement.

5.3 If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

5.4 Company may assign this Agreement and its rights hereunder, in whole or in part, to any party.

5.4 These terms and conditions are binding on and inures to Participant’s benefit and the benefit of FME and their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of Hong Kong without giving effect to any choice or conflict of law. Any claim or cause of action arising under this Agreement may be brought only in the courts located in Hong Kong, and Participant hereby irrevocably consents to the exclusive jurisdiction of such courts.

6. COMPANY DETAILS

This virtual mosaic is run by Fresenius Medical Care Asia Pacific Limited, a company incorporated and registered in Hong Kong with company number 652453 whose address is at 51/F Sun Hung Kai Centre, 30 Harbour Road, Wanchai, Hong Kong, and who has the sole right of interpretation of the above Terms and Conditions.

 

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