1. The Content
1.1 By responding “#YESfiatprofessional4rv”, you give [FCA Italy S.p.A.] and its subsidiaries, affiliates, agents, employees, representatives, assignees, and anyone else acting on behalf of FCA Italy S.p.A., or with the permission of FCA Italy S.p.A. (collectively “FCA”) the right to:
a) Use your photos, videos, posts or other online content as selected by FCA (the “Content") for commercial and promotional purposes of FCA products or services on a worldwide basis through any social media platforms detailed below: [….] ;
b) Record, reproduce, copy, issue copies, print or publish or communicate the Content to the public; and
c) Modify, elaborate the Content including its incorporation in or with any other element (video, photos, etc.) chosen by FCA for the purpose indicated above, respecting the dignity and decorum of any portrayed subjects, all without paying any compensation, either now or in the future, for any reason, to you or third parties with no right for you to examine or approve the finished product or have any right of attribution in the Content.
1.2 By responding “#YESfiatprofessional4rv”, you agree that FCA has the right to use the Content as provided above.
FCA shall have the right, at its own discretion, to remove any Contents from its social media platforms at any moment and without cause or notice.
2. Intellectual Property
2.1 By responding “#YESfiatprofessional4rv” you represent and warrant that: • a) the Content is intellectual property owned by you and does not originate from another source;
• b) the Content does not violate any copyright or other third party rights;
• c) the Content must not include, even partially, persons (both of legal or under legal age), license plates or any other information related to an identified or identifiable natural persons;
• d) you have not authorized or assigned to third parties the use of the Content or the rights therein;
• e) nothing in the Content you have provided is or can be considered defamatory, obscene or threatening to any third party or, in any event, can be in violation of the law and regulations or of any Court’s or Public Authorities’ decisions; and
• f) you are of legal age and have the right to accept these T&C.
3.1 By responding “#YESfiatprofessional4rv”,you agree to
A) waive, release and discharge FCA from any and all liabilities, claims, demands, losses or damages – direct, indirect and substantial - arising from and/or by reason of the use by FCA of the Content according to the provisions of these T&C;
B) indemnify and hold harmless FCA from:
• any other party intellectual property claims, actions, demands, suits, requests related to the Content, including, as a way of example and not of limitation, copyright and/or image right(s) violation, as well as all damages, direct and indirect and substantial, costs, charges and expenses (including legal fees) that may be incurred by FCA;
• any claims actions, demands, suits, requests related to (a) the use of Contents that You do not have the consent to use/license and/or (b) to the disclosure of information that You do not have the consent to disclose (such as confidential information of any third party), as well as all damages, direct and indirect and substantial, costs, charges and expenses (including legal fees) that may be incurred by FCA;
• any other claim(s) actions, demands, suits, requests for violation of warranties under art. 2.1 of these T&C, including all damages, direct and indirect, costs, charges and expenses (including legal fees) that may be incurred by FCA;
C) request and act for obtaining the exclusion of FCA from any possible legal proceedings and/or actions and reimburse FCA for any amount or expense incurred or to be incurred in relation to such proceedings and/or actions as well as indemnify FCA for any damage, losses suffered as a consequence thereof.
3.2 By responding “#YESfiatprofessional4rv”, you furthermore authorizes FCA to disclose your personal data to any third party which may raise any claims vis-à-vis FCA in accordance with art. 3.1.
4. Data Protection
PURPOSE AND PROCEDURE FOR THE PROCESSING OF PERSONAL DATA
The personal data you have provided, possibly including username, name, surname and image/photo, (“Data”) will be processed for the following purposes:
a) subject to your express consent (expressed responding “#YESfiatprofessional4rv”), implementing the “#YESfiatprofessional4rv " initiative and the commercial purposes ("Service”) according to the present Terms and Conditions “T&C” between you and FCA Italy S.p.A. (“Company”).
The Data may be processed in hardcopy, by automated or electronic means.
CONSEQUENCES OF FAILURE TO PROVIDE THE DATA
Submitting the Data is never mandatory.
RECIPIENTS OF THE DATA
The Data may be published according to the Terms & Conditions of the Service. The Data may be processed by natural persons and/or legal entities, acting on behalf of the Company and under specific contractual obligations, based in EU Member States or in countries outside the EU. The Data may be communicated to third parties to comply with legal obligations, to execute Public Authorities orders or to exercise a Company right before judicial authorities.
DATA TRANSFER OUTSIDE OF THE EEA
Within its contractual relations the Company may transfer the Data in countries outside of the European Economic Area (EEA), including store them in databases managed by entities acting on behalf of the Company. Databases management and Data processing are bound to the purposes of the processing and are carried out according to applicable data protection law. In case the Data are transferred outside of the EEA the Company will use any appropriate contractual measures to guarantee an adequate protection of the Data including – among the others – agreements based on the standard contractual clauses adopted by the EU Commission to rule the transfer of personal data outside of the EEA.
CONTROLLER AND DATA PROTECTION OFFICER TEAM
The Controller is FCA Italy S.p.A., with registered office in Corso Giovanni Agnelli 200 – 10135 Turin, Italy. You can contact the Data Protection Officer team at the email address firstname.lastname@example.org.
The Data processed to provide the Service will be kept by the Company for the period deemed strictly necessary to fulfil such purposes (normally six (6) years). Concerning the Data processed for the provision of the Service, the Company may continue to store these Data for a longer period, as may be necessary to protect Company’s interests related to potential liability related to the provision of the Service.
You can exercise the following rights:
1. right to access means the right to obtain from the Company whether your Data are being processed and, where applicable, have access to them;
2. right to rectification and right to erasure means the right to obtain the rectification of inaccurate and/or incomplete Data, as well as the erasure of Data when the request is legitimate;
3. right to restriction of processing means the right to request suspension of the processing when the request is legitimate;
4. right to data portability means the right to obtain Data in a structured format, ordinary used and readable, as well as the right to transfer Data to other controllers;
5. right to object means the right to object to the processing of Data when the request is legitimate, including when the Data are processed for marketing or profiling, if applicable; 6. right to lodge a complaint with a supervisory authority in case of unlawful processing of Data.
You can exercise the abovementioned rights by writing to FCA Italy S.p.A. to the email address email@example.com
You can exercise the right to withdraw your consent (expressed responding “#YESfiatprofessional4rv”) at any time, by sending an email to firstname.lastname@example.org or by erasing the Content.
FCA Italy S.p.A.
k.a. Fiat Digital Marketing
Corso Agnelli, 200
6. Governing Law. Jurisdiction.
6.1 This agreement shall be governed by Italian law.
6.2 In the event of any dispute(s) regarding the construction and/or performance of this agreement, the Court of Turin shall have exclusive jurisdiction.
By replying to “#YESfiatprofessional4rv, you confirm that you have voluntarily put the Content at disposal of FCA, without any inducement, assurance, or guarantee being made to you by FCA, and that you have read, understood and accepted any and all the above terms and conditions.