Data Protection & Transfer of Rights

"BVDzero" Award


Information relating to privacy AND User-CONSENT for Europe

 

Dear Sir/Madam,

With this Information on Data Protection, Boehringer Ingelheim Vetmedica GmbH (BI) would like to inform you about the collection, storage and processing of personal data relating to participation in the BVDzero Award. BI will of course conduct this award in accordance with the Federal Data Protection Act, so that your interests will be protected.

1. What is the objective of the BVDzero Award?

As you are already aware, the BVDzero Award serves to raise awareness of the disease Bovine Virus Diarrhoea Virus (BVDV) in cattle. To this end, BI has organised a competition in which those participants who generate the ten most suitable case histories from their field work will win a cash prize. In order to participate, each participant must upload his or her case as a PDF or Word document, enriched with videos and pictures, to a database that BI will make available through an IT service provider. The cases are evaluated by a committee, which will decide who the ten winners will be.

Further clarifications regarding the procedures for submitting the form, the technology and the content that each should include, can be found in the BVDzero Award Submission Instructions that are available to any interested party and which you may already be familiar with.

2. What happens to your personal data with the BVDzero Award?

In the conduct of the BVDzero Award, your personal data, such as

first name, last name and title, data from your CV such as date of birth, place of birth, marital status, qualifications, studies, professional qualifications, telephone number(s), fax number, e-mail address(es), business address, name of the organisation or company in which you work or which you run, as well as payments (hereinafter referred to as "Personal Data"),

may be collected, stored and processed. Your personal information will be treated confidentially.

By law or through voluntary commitments, the industry may require BI to, under certain circumstances, disclose some of your personal information for reasons of transparency. You should be aware of this possibility.

Your personal information may be provided across international borders to employees of BI, members of the evaluation committee and IT service providers. This means that various laws of the respective countries will apply, because each country always has its own privacy laws.

You should know that in such a case, BI ensures to the extent possible, that the recipient country outside the United Kingdom guarantees similar protection of your data as would be the case in the United Kingdom. If these precautions do not meet the standard of the European Union, BI or the affiliated company will agree with the institutions for checking and processing the data on a so-called standard clause, which is provided by the European Commission for the transfer of data outside the EU. If required by legislation or if it becomes necessary, BI or the affiliated company will execute detailed contracts on appropriate safeguards with the entities performing data processing.

You should also know that the IT system on which your personal data will be stored and processed is operated by an IT services company. This company operates as a data processing entity for BI and at the direction of BI.

3. Right of access and correction

You always have the right to check your personal data stored in our system. Should your personal information be out of date or incorrect, please send us an email at info@bvdzero.com.

4. Right to withdraw consent

You always have the right to revoke your consent to future use of your personal data. Again, just send an email to info@bvdzero.com.

Please note that in case of revocation of your consent, your data may still remain stored in order to comply with statutory provisions (e.g., archiving obligation).

Transfer of Rights & Warranity

The Submitting Person herewith exclusively and irrevocably transfers to Boehringer Ingelheim Vetmedica GmbH (“Boehringer”) any and all rights in and to the material submitted in connection with the participation in the BVDzero Award, including but not limited to documents, images, videos, reports, materials and programmes, each and every part thereof, each and every component or intermediate thereof (collectively, the “Submitted Material”), worldwide and unrestricted as to duration and content, including but not limited to the utilization and distribution, exploitation and dissemination of the submitted material, completely or in extracts, edited or unedited, isolated or as part of other works, by all means/media/processes/technologies at present available or to be invented in the future. Boehringer may assign such rights to third parties in whole or in part, may grant exclusive or non-exclusive licenses to such third parties or allow them to exploit, assign or sublicense such rights. These rights include in particular, yet without being limited to, the following rights:

a) The right of making the Submitted Material available to the public;

b) The adaption right, i.e. the right to adapt and modify the Submitted Material in whole or in part, to add and/or to take out parts of it. This refers especially to dialogues, drawings, figures, visual illustrations and other characteristics and includes the right to assign to third parties, to adapt and to translate the Submitted Material and all adaptions based on it in all languages, to show and make the Submitted Material and adaptions accessible to third parties and to use the Submitted Material and adaptions in accordance with the present assignment;

c) The ancillary printing right, i.e. the right to make, reproduce and distribute books and/or booklets with or without pictures, analogue or digital videograms and phonograms which are derived from the Submitted Material, also in modified or newly arranged form or through photographic, drawn or painted illustrations or the like;

d) The download and online right, i.e. the right to make the Submitted Material available in whole or in part to a restricted or unrestricted group of third parties by means of analogue, digital or other storage media or data transmission technology, with or without interim storage, wireless (e.g. terrestrial broadcasting facilities and satellite connections including direct satellites) or by means of cable or other data carriers, such that the Submitted Material can be received or displayed on individual and/or collective demand, e.g. by making available through television, PC or other end devices;

e) The digital exploitation rights, i.e. the rights to partial or comprehensive exploitation of the Submitted Material on digital storage media (videogram/Phonogram) of any kind for commercial and/or non-commercial purposes, in particular on CD-I, CD-Rom, CD, MD, Laserdisc, DVD, DAT, DCC, discs, chips, CD-Recordable etc. and on all means invented in the future;

f) The broadcasting right, i.e. the right to make the Submitted Material available to the general public in whole or in part any number of times by way of analogue or digital broadcasting such as television or radio (including High-Definition TV (HDTV), wired radio (Hertz waves, laser, microwaves etc.) or similar technical facilities, irrespective of whether or not the broadcast is effected by way of terrestrical broadcasting equipment, cable television – including cable retransmission and the revenues resulting therefrom -, power line, satellites or similar technical facilities, telecommunication and data transmission facilities (e.g. telephone network, ISDN, UMTS, DSL) as well as by means of a combination of such facilities and irrespective of the receiving device (e.g. TV, PC, Multimedia Home Platform (MHP)), mobile phone, Personal Digital Assistant (PDA)).

This also includes the right to broadcast and/or make available the Submitted Material in whole or in part, in unrestricted or restricted user circles, with or without interim storage via the internet simultaneously or delayed, in unmodified or modified form (especially internet broadcasting via streaming with or without download). This also includes the right to multiplex the Submitted Material. The broadcast may be effected by a broadcasting enterprise convened under private or public law, irrespective of whether or not it is a commercial or non-commercial broadcasting enterprise or broadcast, irrespective of the nature of the legal relations between the broadcasting enterprise and the broadcasting receiver (e.g. use in institutions, “Pay-TV”, such as, for example “Pay per Channel” or “Pay per View”, “(Near-) Video on Demand”, or “Free TV” free of charge).

This also includes the right to render the broadcasts accessible through technical methods/facilities of any kind, at any time, especially to a restricted group of recipients (e.g. “Closed Circuit TV” in hospitals, schools, vehicles, hotels etc.). The broadcast may also take place by way of teletext signals for teletext subtitling.

g) The database and archive rights, i.e. the right to archive the Submitted Material in whole or in part, in analogue or digital form, to feed it into databases and data networks and the right to transfer the Submitted Material by way of long-distance data transmission (with or without download) for the purpose of use by unrestricted or restricted user groups through individual download with or without payment;

h) The dubbing right, i.e. the right to dub the Submitted Material oneself or to cause a third party to do so, any number of times, to produce voice-over versions an the right to exploit such productions in the same scope as the Submitted Material;

i) The right to advertise the Submitted Material and to advertise and exploit excerpts of the Submitted Material, i.e. the right to use the Submitted Material and/or excerpts of the Submitted Material in fully or partially or non-adapted form any number of times for advertising purposes, e.g. in program previews, on television, online or in printed products (advertisements, posters, billboards etc.) and for cross-promotion purposes. This includes the right to produce, reproduce and disseminate contents presentations and other short printed works from the Submitted Material as well as other advertising documents;

j) The title right, i.e. the right to use and exploit the title of the Submitted Material in the same scope as the Submitted Material. This includes to change or replace the title;

k) The secondary exploitation rights, i.e. the Cable Re-Transmission Right, the rights on royalties on blank media and other secondary exploitation rights administered and realized by collecting societies.

2. Upon delivery of the Submitted Material ownership of the Submitted Material shall vest in Boehringer.

3. For all legal systems that provide for such legal concepts, the Submitted Material is considered as a “work made for hire”. For all legal systems that provide for a copyright assignment (i.e. a complete assignment of the copyright), the Submitting Person hereby assigns to the Producer the copyright in connection with the Submitted Material. For all legal systems that provide for such a legal concept, the Submitting Person hereby waives all moral rights in connection with the Submitted Material.

4. In case the use and exploitation of the Submitted Material by Boehringer requires the use of rights of third persons, e.g. image rights, privacy rights, the Submitting Person shall obtain the necessary rights of use from the third person and shall document in writing the obtaining of rights prior to the submission of the Material. The Submitting Person shall provide Boehringer with the documentation of the existing rights if requested by Boehringer.

5. In case you are subject to professional obligations of secrecy (e.g., as a veterinarian), participation is permitted only in case your submission either does not contain information to which such secrecy obligations apply or with prior consent by the owner of such information. Noncompliance with this requirement does not only lead to exclusion from the Award, but may also result in criminal liability.

6. The Submitting Person represents and warrants that the reproduction, exhibtion or any other use of the Submitted Material by Boehringer in any form whatsoever (excluding any material inserted in the Submitted Material by Boehringer or altered and/or modified by Boehringer) shall not in any way infringe upon the rights of any person, and shall not violate any right of privacy, shall not constitute a libel or slander of any person, and shall not violate any other right of any person or entity.

7. The Submitting Person agrees and undertakes to indemnify and hold harmless Boehringer, its affiliates, successors, subsidiaries, licensees, assignees and the agents of any of the foregoing from and against any claim, loss, liability, damage, cause of action or cost or expense, including reasonable attorneys’ fees, of any kind and character incurred by any breach or alleged breach of any representation, warranty or agreement made by the Submitting Person.

8. For the avoidance of doubt, in case the Submitting Person is excluded from the Competition as provided in sec. 14 of the BVDzero Award Terms and Conditions, the transfer of rights and the ownership of Boehringer remains unaffected.

9. For the period of five years, beginning with the execution of this Agreement, the exercise of the right of revocation that may be due to the Submitting Person under sec. 41 German Copyright Act on the grounds of the non-exercise of the rights of use assigned hereunder shall be excluded.