Consent Form and Grant of Rights for Product Testers

Dr. Emi Arpa Skin GmbH, Fasanenstraße 65, 10719 Berlin (“Dr. Emi,” “we”) has set up an account on the Google Forms platform (docs.google.com/forms) through which users of Dr. Emi products (“Users”) can upload photos and/or videos showing their skincare routine, the use of Dr. Emi products, or their recommendations for Dr. Emi Arpa Skin products (collectively, “UGC”). Dr. Emi intends to use this UGC to promote its own products and for brand promotion (“Purpose”). The Purpose specifically includes the use of UGC on Dr. Emi’s website (www.dr-emiskin.de), its social media accounts—particularly on Instagram, TikTok, Snapchat, and Facebook—as well as in paid advertisements (Paid Media) on these platforms and in the newsletter (https://dr-emiskin.de/pages/newsletter-abonnieren). To this end, Dr. Emi requires the users’ consent (see Section 1) and the granting of copyright usage rights (see Section 2).

Privacy Notice

As soon as users can be identified in the UGC, the UGC contains personal data within the meaning of Article 4(1) of the GDPR, in particular the user’s likeness and, if applicable, the user’s (social media) name. Dr. Emi is the controller within the meaning of Article 4(7) of the GDPR for the processing of this personal data. Dr. Emi stores, processes, and publishes the UGC for the purpose stated above and through the distribution channels mentioned above. The legal basis for this is the user’s consent (Article 6(1)(a) of the GDPR). Consent is voluntary and may be revoked by the user at any time, effective immediately, without providing a reason, by sending an email to hello@dr-emiskin.de . Dr. Emi stores the UGC until consent is revoked, but for no longer than [two years] from the date the UGC was uploaded. Dr. Emi discloses the UGC to third parties only if this is necessary to fulfill the purpose. To achieve this purpose, we may work with service providers whom we engage as data processors within the meaning of Art. 28 of the GDPR; for example, the operator of the Google Forms platform (docs.google.com/forms): Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Google Ireland Limited’s privacy policy is available here: https://policies.google.com/privacy?hl=de

Our complete privacy policy is available at https://dr-emiskin.de/pages/datenschutz.

When posted on the Internet, photos and/or videos can be accessed and saved worldwide. Such data can therefore also be found via so-called “search engines.” It cannot be ruled out that other individuals or companies may alter these images and/or videos, use them for other purposes, or link them to other data available on the Internet to create a personal profile. Furthermore, thanks to search engines’ archiving functions, the data is often still accessible even after it has been removed or modified from the aforementioned websites.

Notes on the Granting of Rights

The subject of the grant of rights is the UGC created by the user. By uploading the UGC via Dr. Emi’s account on the Google Forms platform (docs.google.com/forms), the user grants Dr. Emi the non-exclusive, transferable right—unrestricted in terms of time, location, and content—to use the UGC for the intended purpose. This includes Dr. Emi’s right to edit and reproduce the UGC and to make it publicly available on the Internet via Dr. Emi’s own website at www.dr.-emiskin.de, on Dr. Emi’s own social media accounts (e.g., Instagram, TikTok, Snapchat, Facebook), as well as in the context of paid advertisements (Paid Media) on these platforms and in the newsletter (https://dr-emiskin.de/pages/newsletter-abonnieren).The User warrants that they have created the UGC themselves, that no third-party rights exist in it, and that they are authorized to grant the rights described above. The User further warrants that the publication of the UGC for the intended purpose does not infringe any third-party rights, in particular personality rights and copyrights. This also includes any rights to musical works used.

The user will not be named in connection with the publication. The rights are granted free of charge.