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Terms of use

The ‘VIRTUAL BOOTH’ campaign (hereinafter: ‘Campaign’) that will be taking place be-tween 12:00 UTC September 4, 2020 and 19:00 UTC on September 5, 2020 (hereinafter: ‘Campaign Period’) is being organized by

{International Society of Aesthetic Plastic Surgery, 45 Lyme Road, Suite #304 Hanover, NH 03755, USA)

(hereinafter: ‘Organizer’).

Art. 1 Campaign
Users may use the Virtual Booth free of charge for the Campaign Period.

The Virtual Booth is used in the following steps:

  1. Acceptance of the Terms of Use;
  2. Creation of a photo or video (hereinafter: "Material") that allows the image to be processed further (e.g. through the use of backgrounds);
  3. Participation in the presented survey if it is displayed;
  4. Provision of own email address to which the Material will be sent;
  5. Transfer of the data provided by Users to the Organizer over the Internet using the ‘Approve’ button;
  6. Transfer of the Material to the Users' own email address as specified by the Users
  7. Utilization of the Material by the Organizer in accordance with Art. 3 of these Terms of Use, provided that the Users have provided their consent during the process of submission.

The use is voluntary, free of charge and not associated with an obligation to make a purchase.

Participation in the Campaign assumes that the Terms of Use have been accepted in a binding fashion.

Art. 2 Users
Users of the Virtual Booth may be all natural and legal persons with a minimum age of 18 years.

Art. 3 Granting of utilization rights
By participating and providing their consent during the sending process, Users are expressly consenting to the fact that the Organizer may, for its own advertising purposes in relation to the Campaign, and while observing the Users' personal rights:

  • publish, distribute and broadcast the Material and make it publicly accessible in online media (in particular on Facebook, YouTube, Instagram or the Organizer's website) and in offline media (e.g. in print, in relevant magazines, etc.),
  • stage or present the Material in public (particularly at trade fairs, e.g. on a screen or other surface or let it run on a screen).

The Organizer may to this end

  • duplicate the Material in part or its entirety,
  • assign accompanying comments to the Material, combine or associate it with other works and process it using other methods and use the processed material and the original material, and
  • store the Material in databases.

The Organizer may also appoint third parties and grant them the rights they require to fulfill their tasks to the extent that is necessary to utilize the rights granted above.

Users may at any time revoke the utilization rights granted to the Organizer above with effect for the future.

Art. 4 Users' rights and duties
Users are entitled to use the Material sent to their email address at their own discretion, in particular to duplicate, distribute and present the Material and make it publicly accessible, provided that such utilization does not conflict with the rights granted under Art. 3. Users will in particular be entitled to share the Material on social networks under the hashtag (#) specified by the Organizer.

Utilization is prohibited if such use is likely to damage the Organizer's reputation.

Art. 5 Third-party rights
If Users themselves are not the (sole) owner of the rights to the Material (in particular not the only person depicted on the Material), they will ensure that they have effectively acquired or obtained all necessary rights (e.g. licenses) and consents.

Art. 6 Type, scope and purpose of the processing of personal data
Information about the personal data collated from participation in the Campaign is being pro-vided in the following.

All data that can be associated with the Users' identity, e.g. photo, name, address, email addresses, constitute personal data.

The personal data collated by Users within the framework of the Campaign are their email addresses and the Material created by the Users.

The provided email address will be used for the purpose of electronically transferring the Material to Users. The Organizer will further be entitled to use the provided email address for marketing purposes.

The Organizer may process the Material created to the extent set out in Art. 3.

Both the Organizer and Mintano UG, Erkrather Str. 401, 40231 Düsseldorf ("Mintano"), which is providing the Virtual Booth software, may also use data that does not specifically relate to individuals for statistical purposes.

Art. 7 Further information under data protection law
The data controller as set out in Art. 4 (7) EU General Data Protection Regulation (GDPR) is the Organizer.
From 25 May 2018, Article 6(1) (b) of the GDPR constitutes the legal basis for processing, provided that the personal data is being used to transfer the Material to the Users. The processing of the email address for advertising purposes will be based on Art. 6 (1) (f) GDPR. Otherwise Art. 6 (1) (a) GDPR will constitute the legal basis.

The User's personal data will be transferred to Mintano.

The Organizer will ensure that sufficient measures have been put in place to ensure an adequate level of data protection in the event that data is transferred to third countries. Details about what concrete measures have been taken may be requested from the Organizer.

The Users' personal data will be transferred to the following third countries: USA

Users are entitled

  • to withdraw any consent they have provided to the Organizer at any time (Art. 7 (3) GDPR). Data processing based on such consent may as a result no longer be continued in the future;
  • to request information about the personal data being processed by the Organizer (Art. 15 GDPR);
  • to demand immediate correction of incorrect or the completion of personal data stored by the Organizer (Art. 16 GDPR);
  • to request the deletion of personal data stored by the Organizer, unless it is necessary to process the data to exercise the right to freedom of expression and information, to fulfil a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims (Art. 17 GDPR);
  • to demand the restriction of the processing of their personal data in the event of the accuracy of the data being disputed, the processing is unlawful but they reject the option of having it erased and the Organizer no longer requires the data but users need it to assert, exercise or defend legal claims or have filed an objection against the processing in compliance with Art. 21 GDPR (Art. 18 GDPR);
  • to receive their personal data they have provided to the Organizer in a structured, current and machine-readable format or to request the transfer to another data controller (Art. 20 GDPR);
  • the right to object (Art. 21); and
  • to lodge a complaint with a supervisory authority (Art. 77 GDPR).

Users may contact the Organizer should they wish to assert one of the rights mentioned above or if they have any questions regarding data protection.

Users may at any time withdraw their consent provided to the Organizer to process their personal data with effect for the future.

Subject to prior revocation, the Material will be stored and processed for a term of two years subsequent to the end of the Campaign

Users' email addresses will be used for advertising purposes as long as Users not object to such uses.

Users will not be able to receive the Material and the Organizer will not be able to utilize it in the manner described in Art. 3 if personal data is not provided.

Art. 8 Liability
The Organizer will be liable without limitation for damages arising out of intent and gross negligence as well as in the event of intentional or negligent injury to life, limb or health and in the event of claims based on product liability law. The Organizer will further be liable for a negligent violation of a cardinal obligation. Cardinal obligations are those that need to be fulfilled in order to make it possible to properly realize the Campaign and to achieve the purpose of the contract in the first place and on whose observance Users would normally be able to rely upon. Liability will be limited in amount in the event of a breach of a cardinal obligation to the damage foreseeable and typical for the contract at the time the contract was concluded. Any further liability is excluded. The Organizer will in particular not be liable for the ability of telecommunication networks to function, for power failures and for server failures that are beyond the Organizer's control.

Art. 9 Premature termination of the Campaign
The Organizer reserves the right to cancel or end the Campaign at any time without prior notice and without stating reasons. The Organizer will in particular make use of this option if the proper execution of the Campaign cannot be guaranteed for technical reasons (e.g. viruses in the computer system, manipulation or errors in the hardware and/or software) or for legal reasons.

Art. 10 Miscellaneous
The law of the Federal Republic of Germany will apply exclusively.

The validity of the remaining terms of participation will not be affected should any of these provisions be or become invalid.

The European Commission operates an on-line dispute resolution platform, which may be reached at www.ec.europa.eu/consumers/odr. Users who are consumers within the meaning of Art 13 Bürgerliches Gesetzbuch (BGB – German Civil Code) may exercise the option that this platform provides to settle disputes without involving a court. The Organizer is not pre-pared to participate in dispute resolution proceedings at a consumer arbitration body.

This translation is provided as a courtesy. The German version will apply in all cases and disputes.

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