A. Content Use Terms and Conditions

1. By permitting Motel One to use particular Content (by affirmatively answering a request from us or on our behalf on social media or otherwise indicating your agreement for Motel One to use your Content), you agree to be bound by these Terms. Please read and ensure you are in agreement before proceeding.

2. In these Terms “Content” refers to the photo [and/or video, including any sound] andaccompanying text posted through your account on social media, accompanying metadata such as time and place of creation, your username, and links to your social media profile.

3. You grant Motel One a right to use and display the Content, in any media, worldwide, for any lawful commercial purpose, in original or edited form, including: on Motel One’s social media accounts, websites, blogs, digital displays, advertising, and generally in the promotion of Motel One’s products or services. Such rights also extend to Motel One’s subsidiaries, affiliates, agents, employees, representatives, assigns, licensees, and anyone else acting on behalf of Motel One.

4. The rights that you grant to Motel One to use your Content are perpetual and irrevocable and you may not cancel or withdraw your permission, within the framework of the applicable laws, for Motel One to use your Content. However, this does not affect your or any other person’s rights in relation to personal data as referred to below.

5. The rights you grant to Motel One are non-exclusive and (subject to Motel One’s rights) you retain all rights to use the Content for your own purposes. Motel One will not pay any royalties or compensation to you or any third party for use of the Content. Use is at Motel One’s discretion and Motel One is not obliged to use your Content in any particular way or at all.

6. You agree that you do not have any right to review, approve, or object to Motel One’s use of your Content or advertising copy, or to be identified as the author/creator of the Content.

7. Motel One respects applicable laws and the rights of others and wishes to avoid using any content that does not. By agreeing to these Terms you represent and warrant to Motel One that:

(a) the Content is your original work and you own it and all intellectual property rights in it and have all necessary rights to grant Motel One the rights set out in these Terms (including in relation to copyrights, trademarks, private or public buildings, performances, sounds, and music) or, if you are not the owner of such rights, you have already obtained permission from the owner of such rights, and will inform us if this is incorrect or such permission is withdrawn at any time;
(b) Motel One’s use of your Content as provided herein will not infringe intellectual property, privacy, image, performance, or publicity rights, or any other rights of any third party, require the payment of any compensation to any third party, or breach any applicable laws;
(c) nothing in your Content will be illegal, defamatory, obscene, or threatening to any third party; and
(d) you are over 18 years of age and have the right to agree to these Terms.

8. You will hold Motel One harmless and indemnify Motel One against any actions, loss and damage arising out of any claims by third parties in connection with the Content, including for breach of intellectual property, data protection, privacy, image, performance, or publicity rights.

 

B. Privacy Notice

The Content may contain information about you or identifiable individuals which constitutes personal data under applicable laws. In these Terms “Content” refers to the photo [and/or video, including any sound] and accompanying text posted through your account on social media, accompanying metadata such as time and place of creation, your username, and links to your social media profile.

As the protection of your personal data is important to us, we would like to provide you with all the necessary information for you to be able to give your informed consent.

1. Data Controller
Motel One is the controller of your personal data and individuals can obtain further information or exercise any of their legal rights by contacting Motel One at:
Motel One GmbH
Tegernseer Landstrasse 165
81539 Munich
Germany

Tel.: +49 (0) 089 665025-0
Fax: +49 (0) 089 665025-50
Website: www.motel-one.com or www.the-cloud-one.com
Email: privacy@motel-one.com or privacy@the-cloud-one.com

2. External Data Protection Officer
You can find our Data Protection Officer at:
KINAST Rechtsanwaltsgesellschaft mbH
Hohenzollernring 54
50672 Köln
E-Mail: mail@kinast.eu

3. Description of the purpose of the processing:
With the use of their image video recordings, we promote the sales of our service and strengthen our image. The Controller would like to collect the following personal data from you:
a) Image
b) Video
c) Sound
d) Metadata (time, location, username, link to social media profile)

The Controller would like to process these personal data for the following specific purposes: Advertising, marketing, promotion of our brand and services.

4. Legal basis for the processing
By replying to our request using @motel_one and #yesmotelone, you declare your consent to the processing pursuant to Art. 6 para. 1 lit. a GDPR. Your consent is the legal basis for the processing of your personal data for the purpose mentioned above. This declaration of consent is voluntary and can be revoked at any time with effect for the future vis-à-vis Motel One [privacy@motel-one.com].

5. Disclosure of personal data
You grant Motel One a right to use and display the Content, in any media, worldwide, for any lawful commercial purpose, in original or edited form, including: on Motel One’s social media accounts, websites, blogs, digital displays, advertising, and generally in the promotion of Motel One’s products or services. Such rights also extend to Motel One’s subsidiaries, affiliates, agents, employees, representatives, assigns, licensees, and anyone else acting on behalf of Motel One.

Motel One also engages data providers or service providers to assist with the processing of personal data, including Qubeeo Limited, located in the UK, who provides content curation, hosting, showcasing, and analytics services. A data processing agreement has been concluded with this provider in accordance with Art. 28 GDPR.

6. Data Transfer to Third Countries
We transfer your personal data to our data processor Qubeeo Ltd. in the UK based on an Adequacy Decision pursuant to Art. 45 (1) GDPR. Further transfers to countries outside the EU/EEA or to international organizations are not planned. Should this take place, a data transfer will only take place based on a guarantee according to Art. 44 et. seq. GDPR.

7. Storage period of the personal data
The personal data will only be kept as long as it is necessary for the purpose mentioned above and no legal retention period opposes the deletion. If you revoke your consent, your data will also be deleted. the revocation does not affect the lawfulness of the data processing that took place until the revocation. Please be aware that photos and/or videos on the Internet can be accessed by anyone. Despite all technical precautions, it cannot be ruled out that such persons will continue to use the photos and/or videos or pass them on to other persons, even if you have declared your revocation of consent.

8. Information on data subject rights
You have the following rights: Right of revocation, Art. 7 (3) GDPR; Right of access, Art. 15 GDPR; Right to rectification, Art. 16 GDPR; Right to erasure (‘right to be forgotten’), Art. 17 GDPR; Right to restriction of processing, Art. 18 GDPR; Right to data portability, Art. 20 GDPR; Right to lodge a complaint with a supervisory authority, Art. 77 GDPR.

9. You can find further information at
https://www.motel-one.com/en/data-privacy/