The undersigned, hereinafter referred to as the BENEFICIARY, intends to accept the following:
1. RECITALS
1.1 The recitals constitute an integral and substantial part of this agreement.
1.2 The BENEFICIARY has satisfactorily availed itself of the services of DIGITAL ACCELERATOR LTD (the “PROPOSER”) for online sales assistance activities, including the management of platforms for the sale of the BENEFICIARY’s products;
1.3 The BENEFICIARY has the full and exclusive availability of the rights to use its personal and corporate data and intends to grant the PROPOSER what it has requested. Given the above, the BENEFICIARY authorizes DIGITAL ACCELERATOR LTD, located at 981 Great West Road, TW8 9DN Brentford (UK), Company Number 14138114, to use the data necessary for online sales assistance activities, including the management of platforms for the sale of the BENEFICIARY’s products, in order to perform the services agreed upon between the parties, under the following conditions.
1.4 The PROPOSER intends to advertise its services on its Websites / Social Media Channels / Print Media by citing the company as a client and has, to this end, requested the Company’s permission to use its reviews and/or logos, trademarks, and images;
1.5 The BENEFICIARY has the full and exclusive availability of the rights to use its image and intends to grant the PROPOSER what it has requested. Given the above, the BENEFICIARY authorizes DIGITAL ACCELERATOR LTD, located at 981 Great West Road, TW8 9DN Brentford (UK), Company Number 14138114, to use its reviews on the services provided, images, and corporate logo/trademark for the advertising purposes identified by the latter, under the following terms and conditions.
2. SUBJECT MATTER
2.1 Processing of personal data and confidentiality (GDPR) 2.1.1 By signing this Agreement, the Parties mutually acknowledge and confirm that any processing of personal data arising from the execution of the services established between the parties will be carried out solely for purposes connected to such execution and, in any case, in compliance with the provisions of Regulation (EU) 2016/679.
2.1.2 The BENEFICIARY’s data that the PROPOSER will require are the following: Name, Surname, Date and Place of Birth, Tax Code (Fiscal Code), Residential Address, Telephone, Email, Company Name, VAT Number, Legal Representative, Billing Address, Corporate IBAN, Credentials for various platform accounts requested from time to time and necessary for the performance of the service, and further data necessary for the management of the platforms themselves. 2.2 The BENEFICIARY grants the PROPOSER the right to use its image, written texts relating to the services provided (i.e., “reviews”), images, and corporate logo and trademark for the exclusive purpose of advertising the PROPOSER’s products/services, by inserting said material on the PROPOSER’s website and/or distributing advertising material consisting of folders, brochures, posters, and other advertising media (hereinafter referred to as advertising material) in the forms and ways indicated below. The above material may be provided directly to the PROPOSER or extracted by the latter from the BENEFICIARY’s publicly available information.
2.3 Limitation of the assignment This document and the services rendered by the PROPOSER do not constitute an assignment of legal or tax consulting regarding regulatory compliance, unless otherwise agreed in writing between the Parties. The responsibility for compliance with current regulations remains with the BENEFICIARY as the Data Controller.
3. DECLARATIONS
3.1 The BENEFICIARY declares that the subject of this act of consent does not violate the rights of third parties.
3.2 Pursuant to Reg. 679/2016, the BENEFICIARY acts as the Data Controller. Digital Accelerator LTD, where applicable, will act as the Data Processor within the limits and in accordance with the provisions of the Data Processing Agreement signed between the parties. The BENEFICIARY undertakes to indemnify the PROPOSER exclusively for violations resulting from unlawful instructions or non-compliant data provided by the BENEFICIARY.
3.3 The PROPOSER declares and warrants to the BENEFICIARY that, pursuant to and for the purposes of copyright law and the rules of the civil code, the BENEFICIARY shall remain the sole owner of the material used and that it will be used and published in a truthful manner and in good faith.
4. CONFIDENTIALITY OBLIGATIONS
4.1 The PROPOSER undertakes not to disclose any confidential information of a technical or commercial nature relating to the BENEFICIARY’s business of which it has become aware in the context of the services rendered.
4.2 The PROPOSER guarantees that the BENEFICIARY’s confidential information, of which it becomes aware, will be kept strictly confidential and cannot, in any way, be used or disclosed for any purpose other than that strictly connected to the performance of the service. This includes the communication of data to third parties for the purpose of using services provided by them, including technological providers and platforms used for the provision of the services, as governed by the Data Processing Agreement. The PROPOSER also guarantees the utmost confidentiality and protection of the data contained in the archives, processed data, and documents and information received from the BENEFICIARY.
5. OWNERSHIP AND RIGHTS OF USE OF ADVERTISING MATERIAL
5.1 All advertising and promotional material created by the PROPOSER on the basis of this authorization, including the words constituting the advertising message or directly connected to it, shall be the exclusive property of the PROPOSER, without prejudice to the fact that the latter shall not acquire any further right of exploitation of the image and/or use of the BENEFICIARY’s logos and trademarks.
5.2 The PROPOSER shall not be contractually bound to disseminate the advertising material – and consequently, the BENEFICIARY cannot make any claim in this regard – but if it is published, it must correspond to the truth, albeit in the ordinary forms of advertising for commercial purposes.
6. EXCLUSIVITY AND REVOCATION
6.1 This act of consent does not constitute any kind of exclusivity in favor of the PROPOSER.
6.2 The BENEFICIARY may freely revoke this consent if there is a reasonable motive; however, the revocation shall not have retroactive effect with respect to advertising material already disseminated.
7. GRATUITOUSNESS
7.1 The BENEFICIARY shall have no right to claim payment of compensation from the PROPOSER for the use of its reviews, images, and/or logos and trademarks in accordance with this document, as this determination has been duly taken into account in the overall economic and commercial relationship between the Parties.
8. DURATION
8.1 This act of consent shall be valid until revoked.
9. FINAL PROVISIONS
9.1 Any modification to this agreement must be made in writing and signed by both parties, under penalty of nullity.
9.2 The registration costs of this document will be borne by the party who, through their own non-fulfillment, forces the other to carry out the registration.
9.3 This agreement is governed by English law.
9.4 For any dispute that may arise in relation to this agreement, the Courts of London shall have exclusive jurisdiction.