Terms and Conditions of Use, Consent for Data Protection Purposes, and Information for the Use of User-Generated Content by Mercedes-Benz AG
By using the hashtag “#YesMBAG”, you agree to the following Terms and Conditions of Use (TCUs), and declare your consent under data protection law to the use of your content by Mercedes-Benz AG on its named platforms and channels in accordance with the following provisions (please refer to section V.1).
You will also find further information on data protection and your rights as a data subject (please refer to section V.2-7).
1. These TCUs describe all contractual relationships between you and Mercedes-Benz AG, Mercedesstraße 120, 70327 Stuttgart/Germany (hereinafter: “MBAG”) in relation to the specifically requested Content that you have published on a social media platform (e.g. Instagram, Facebook, YouTube, Twitter, LinkedIn, TikTok), and which MBAG now wishes to use on the basis of these TCUs.
2. “Content” refers to: the photo you have published and your username.
II. Your Rights to the Content
You may only grant MBAG a right of use if the following conditions are met:
1. You are at least 18 years old.
2. You are the owner/author of the Content and hold all rights to it, so you may grant MBAG the rights described in detail in section III.
3. You shall ensure that, in the event of publication of the Content by MBAG, you hold any third-party rights (e.g. trademark rights, copyrights, personal rights) to the Content, or that the respective rights holders have expressly consented to the distribution of the Content in accordance with section III.
4. If persons or other personal data are identifiable in your Content, they agree that MBAG may use and publish the Content in accordance with these TCUs, including but not limited to section V. no. 1 below. If one of the persons depicted revokes the consent given to you to use the Content, you must inform MBAG of this immediately. Further details can be found in section V. no. 4).
III. Granting of Rights
1. You remain the owner of your content.
2. By using #YesMBAG on our question below your Content, you consent to the use of your Content by MBAG. You shall grant MBAG a non-exclusive, sub-licensable right of use, unlimited in time, space and content, for the types of use and exploitation specified in section III. no. 3. This right of use includes multiple use by MBAG and its affiliated companies pursuant to Section 15 of the German Stock Corporation Act (AktG). MBAG has the right to archive, edit, modify, distribute, display and publicly reproduce the Content.
3. In particular, MBAG has the right to publish your Content on the following platforms and channels:
- MBAG’s global social media channels (including but not limited to Instagram, Facebook, Twitter, LinkedIn, YouTube, TikTok),
- On digital displays (“digital signage”) at the points of sale (branches, showrooms and other points of sale) of MBAG.
4. You agree that MBAG may refer to you by name when using your Content, and may link to its social media profile when using your Content.
5. The rights are granted free of charge. You agree that MBAG will not pay you any fee for the use of your Content.
6. As the author or the holder of rights to the Content, you remain entitled to continue to use the Content for your own purposes.
7. MBAG shall have no entitlement to the use of your Content. Even if you allow MBAG to use your Content, MBAG shall be under no obligation to actually use your Content.
IV. Release from Liability
1. Upon first request, you shall indemnify MBAG and hold it harmless from and against any and all third-party claims, including but not limited to claims relating to privacy, copyright, rights of publicity or trademark infringement, that may be brought against MBAG in connection with the use of your Content. Claims for damages also include any claim on the part of MBAG for the reimbursement of “ancillary costs” incurred by MBAG in connection with third-party claims, such as litigation or expert expenses.
2. This indemnification does not apply if the third-party claim is based on the fact that MBAG has used the Content contrary to the provisions of the present TCUs, or in breach of statutory provisions.
3. You acknowledge that MBAG is not responsible for, and will not be liable for, any use of your Content by third parties outside the scope of these TCUs.
V. Data Protection Consent and Data Protection
1. By doing so, you consent to MBAG using your Content on MBAG’s worldwide social media channels.
2. Your Content will be deleted from MBAG’s social media channels after three years at the latest. For administrative and verification purposes, MBAG may store your Content internally for an additional year.
3. The legal basis for the processing of your personal data is your consent pursuant to Art. 6 1 (a) of the General Data Protection Regulation (GDPR).
4. Your consent is given on a voluntary basis. You have the right to revoke your consent and, at the same time, the right of use that you have granted to MBAG at any time by sending an e-mail to email@example.com with a description of the specific Content (including your username, if possible). This revocation shall not affect the legality of the use prior to the time of revocation. MBAG shall remove your Content immediately after the revocation of the types of use specified in section III. no. 3.
5. The controller for the processing of your Content is MBAG (see section I. no. 1), which is obliged to comply with the requirements of the GDPR.
Please note that the respective operators of the respective social media platforms (including but not limited to Instagram, Facebook, Twitter, LinkedIn, YouTube, TikTok) process your Content and other personal data under their own responsibility. This may also take place outside the European Union, Iceland, Liechtenstein and Norway. You can find more detailed information on this in the data protection notices for MBAG’s social media channels (http://mb4.me/provider), as well as the data protection notices of the respective operators.
6. You can request information about the data stored about you from firstname.lastname@example.org (Art. 15 GDPR). Under certain conditions, you can also request the correction or erasure of your data (Arts. 16 and 17 GDPR). Furthermore, you may have the right to restrict the processing of your data (Art. 18 GDPR), as well as a right to receive the data you have provided in a structured, commonly used and machine-readable format (Art. 20 GDPR).
You have the right to file a complaint with the controller or a data protection supervisory authority if you feel that the processing of the personal data relating to you infringes the GDPR or other laws (Art. 77 GDPR).
You can contact MBAG’s data protection officer at: Chief Officer for Corporate Data Protection, Daimler AG, 70546 Stuttgart, Germany, email@example.com.
7. MBAG may use external service providers (e.g. media agencies, IT service providers) as processors for the use of your content within the scope of the granted right of use and your consent. In this context, personal data may be transferred to recipients and processed in countries outside the European Union (“EU”), Iceland, Liechtenstein and Norway (= European Economic Area), including but not limited to the United Kingdom of Great Britain and Northern Ireland (UK). From the standpoint of the EU, the following countries provide an appropriate level of protection meeting EU standards for the processing of personal information (“Appropriateness Assessment”): Andorra, Argentina, Canada (restricted), Faroe Islands, Guernsey, Israel, Isle of Man, Japan, Jersey, New Zealand, Switzerland, Uruguay, United Kingdom of Great Britain and Northern Ireland (UK). In the case of recipients in other countries, we agree to use EU standard contractual clauses, binding corporate regulations, or other permissible mechanisms to provide an “adequate level of protection” in accordance with legal requirements. We would be happy to provide you with information on this via the contact details listed in section V. no. 6. above.
VI. Dispute Resolution
1. The online dispute resolution (ODR) platform provided by the European Commission, which can be used by consumers to settle disputes arising from online legal agreements with a company based in the EU out of court, can be accessed at http://ec.europa.eu/consumers/odr/.
2. Para. 36 of the Consumer Dispute Resolution Act (VSBG): Mercedes-Benz AG will not participate in an alternative dispute resolution process before a consumer arbitration panel as defined in the VSBG, and is not obligated to do so.
VII. Final Provisions
1. The laws of the Federal Republic of Germany shall apply exclusively.
2. Only German law shall apply, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. If the user is a consumer, this choice of law shall only apply if mandatory consumer protection provisions of the country in which the user has his or her habitual residence as a consumer at the time of the order are not revoked.
3. We shall endeavour to reach an amicable settlement of any disagreements. For cases in which such an amicable settlement cannot be reached, it is agreed that the courts of Stuttgart (Mitte) shall have exclusive jurisdiction.
4. Should individual provisions of the present terms and conditions of use be invalid, in whole or in part, or contain a loophole, this shall not affect the other provisions. Ineffective or incomplete parts shall be maintained by means of effective content that comes closest in meaning to the ineffective content.