USER GENERATED CONTENT TERMS AND CONDITIONS (“T&C”)

 

1. The Content

  1.1 By responding “#YesAbarth”, you give [Stellantis Europe S.p.A.] and its  subsidiaries, affiliates, agents, employees, representatives, assignees, and  anyone else acting on behalf of Stellantis Europe S.p.A., or with the permission of  Stellantis Europe S.p.A. (collectively “Stellantis”) the right to:

  a) Use your photos, videos, posts or other online content as selected by Stellantis (the “Content") for commercial and promotional purposes of Stellantis 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 Stellantis 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 “#YesAbarth”, you agree that Stellantis has the right to use the  Content as provided above. Stellantis 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 “#YesAbarth” 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. Indemnification

  3.1 By responding “#YesAbarth”, you agree to

    A) waive, release and discharge Stellantis from any and all liabilities, claims,    demands, losses or damages – direct, indirect and substantial - arising from    and/or by reason of the use by Stellantis of the Content according to the provisions of these T&C; 
    B) indemnify and hold harmless Stellantis 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 Stellantis ; 

    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 Stellantis; 

    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 Stellantis; 

    C) request and act for obtaining the exclusion of Stellantis from any possible    legal proceedings and/or actions and reimburse Stellantis for any amount or expense    incurred or to be incurred in relation to such proceedings and/or actions as    well as indemnify Stellantis for any damage, losses suffered as a consequence    thereof. 

  3.2 By responding “#YesAbarth”, you furthermore authorizes Stellantis to disclose  your personal data to any third party which may raise any claims vis-à-vis Stellantis 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 “#YesAbarth”),    implementing the "#YesAbarth" initiative and the commercial    purposes ("Service”) according to the present Terms and Conditions    “T&C” between you and Stellantis Europe 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 Stellantis Europe 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 dpofca@stellantis.com .

  DATA RETENTION

  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.

  YOUR RIGHTS
  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 Stellantis Europe S.p.A. to  the email address dpofca@stellantis.com

  You can exercise the right to withdraw your consent (expressed responding  “#YesAbarth”) at any time, by sending an email to dpofca@stellantis.com or by erasing the Content.

5. Contacts

  Stellantis Europe S.p.A.
  Corso Agnelli, 200
  10135 Turin

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 #YesAbarth, you confirm that you have voluntarily put the    Content at disposal of Stellantis, without any inducement, assurance, or guarantee    being made to you by Stellantis, and that you have read, understood and accepted    any and all the above terms and conditions.