BASIC DATA PROTECTION INFORMATION
Data controller : ITX MERKEN, B.V.
Purpose and basis of legitimacy : if you agree, we will publish your photo together with your personal data (e.g. social media username) on PULL&BEAR's social media profiles and websites in the countries in which PULL&BEAR operates. The legal basis for processing your data is the execution of the conditions set out in these Legal Bases.
Data recipients : we share your data with service providers and partners inside and outside the European Union who support us with delivering information, and we do so with appropriate safeguards to ensure the security of your data.
Rights : You have the right to access, rectify or delete your personal data, in addition to other rights as explained in Clause 8 of this document.
Additional information : for further information, please see Clause 8 of this document and Pull&Bear's Privacy Policy, available at www.pullandbear.com.
TERMS AND CONDITIONS
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ITX MERKEN, B.V., a Dutch company with its registered office in Amsterdam, Nieuwezijds Voorburgwal 307, 1012 RM, and tax identification number NL 855820627B01, through the brand PULL&BEAR (hereinafter referred to as "PULL&BEAR"), offers users the option to provide images, comments, videos and other content (hereinafter referred to as the "Content") for use by PULL&BEAR (the "Content Use"), all subject to the procedures, conditions, limitations and other aspects regulated in these Terms and Conditions (the "T&Cs"). The Content Use, in addition to all aspects regulated therein, shall be subject to the prior acceptance, by affirmative action, of the aforementioned T&Cs.
1. Terms and Conditions and Acceptance
1.1 The Content Use shall be governed by the provisions of these T&Cs.
1.2 In order to use the Content, you must read and accept these T&Cs. Full acceptance of these T&Cs will occur once the user replies with the hashtag #yesPull&Bear to the message sent by PULL&BEAR.
1.3 For PULL&BEAR to use the Content, it must be published by users on their Instagram profiles, and they must be contacted by PULL&BEAR through this social network.
1.4 Use of the Content shall not in itself constitute any contractual relationship between PULL&BEAR and yourself.
1.5 The option of being contacted by PULL&BEAR to request authorisation to use the Content is reserved for users residing in the following countries: Germany, Spain, France, Mexico, Netherlands, UK, Ireland, Italy, Poland, Portugal and Turkey.
2. Procedures
2.1 The Content must show (i) PULL&BEAR garments or accessories or (ii) people wearing at least two (2) main PULL&BEAR garments or accessories (main garments include trousers, dresses, skirts, coats, jackets, shirts, blouses, etc., and main accessories should be understood as bags, shoes, sunglasses, scarves, etc.).
2.2 You may be selected by providing Content linked to the PULL&BEAR world through your Instagram post. Once published, PULL&BEAR will request your permission to use the Content by means of the hashtag #yesPull&Bear, which will require prior reading and acceptance of the aforementioned Terms and Conditions and processing of your personal data in accordance with the same.
2.3 The Content that you have authorised us to use has been selected in advance at our sole discretion, but we are under no obligation to use all or any of the Content in question. PULL&BEAR reserves the right to add or delete text, to edit graphic materials and to refuse, suspend, cancel or remove the publication of its Content from PULL&BEAR channels.
2.4 In the event that the Content is selected, this will mean that the Content will be displayed or appear on the website, the mobile application, official profiles on social networks, newsletters that may be sent and on digital and physical media (such as in-store displays) or other promotional material posted or related to the sale of PULL&BEAR branded products through PULL&BEAR points of sale (hereinafter, the "Media").
2.5 We recommend that you carefully read the Terms of Use for the social networks on which you have posted the Content, and which you can access through them.
2.6 By accepting the Content Use via the procedures contained in these T&Cs, you expressly accept and consent to the Content being used by PULL&BEAR.
3. Legal age
The pre-selection and subsequent acceptance of the Content Use that PULL&BEAR will request for acceptance by users is reserved for users over 18 years of age, and the inclusion of minors under 18 years of age in the Content is strictly prohibited. By accepting these Terms and Conditions, you declare that you are over 18 and accept full liability for this statement.
4. Modification of Terms and Conditions
PULL&BEAR expressly reserves the right to modify these Terms and Conditions without prior notice. You acknowledge and agree that it is your responsibility to review the Terms and Conditions, which will be available at https://www.pullandbear.com/ie/pullandbear-community-n7260?celement=1030303023
5. Representations and guarantees about the Content
5.1 You hereby guarantee and agree:
- That the Content that you authorise PULL&BEAR to use (i) does not show the image of any third party other than you, without the consent of the third party/ies in question; (ii) does not reproduce any work created by third parties, without the consent of the third party/ies in question; (iii) does not reproduce the products, trademarks, trade names or other industrial property rights of third parties, without the consent of the third party/ies in question; and (iv) does not display or reproduce the image of minors, except in the event that the relevant Content is submitted by the minor's parent, guardian or legal representative.
- That the Content that you authorise PULL&BEAR to use does not infringe the rights (including, by way of example, intellectual property rights, industrial property rights, the right to one's own image or personal privacy, or any other rights) or interests of third parties, or any applicable standard or regulation (international, Spanish or otherwise).
- The Content that you authorise PULL&BEAR to use does not contain anything that may be considered offensive or discriminatory (whether on grounds of race, religion, gender, sexual orientation or political or trade union affiliation), unlawful, threatening, libellous, defamatory, obscene, pornographic or indecent, or otherwise inappropriate; that it does not constitute or encourage conduct that could be considered criminal or contrary to law; that the same do not contain any inappropriate element or any element contrary to good customs and public order; that its deliberate purpose is not to annoy other users; and that the comments that may accompany the Content are not defamatory or derogatory towards PULL&BEAR, any other brand within the Inditex Group, the Inditex Group itself or any third party.
- That the Content does not constitute or contain any computer viruses, worms, Trojan horses, commercial solicitation, chain letters, mass mailings or any other form of spam or any other contaminating elements including, but not limited to, codes or executable files that can or could be used to access, modify, delete or damage the system or computer equipment (software and hardware) of PULL&BEAR and/or third parties, or the electronic documents and files stored in such system or computer equipment.
5.2. You agree to indemnify PULL&BEAR, any of its parent companies and all companies controlled by or under common control of PULL&BEAR and its affiliated companies and their respective officers, directors, shareholders, employees and agents, for any losses, claims, liabilities including transactional agreements negotiated in good faith and damages, costs and expenses (including reasonable attorneys' fees) arising from any breach of any of the representations and warranties in relation to the Content set out in Clause 5.1 above.
6. Guarantee and liability limitations
6.1 PULL&BEAR shall not be held responsible for any content created, published and/or made available by users, except in those cases where it is obliged to do so by law.
6.2 In addition, Content appearing on the Media may include opinions, statements and other content from third parties. Although PULL&BEAR undertakes to make its best efforts to avoid any errors or inaccuracies in the Content, we are not responsible for these, or for any opinions, comments, assessments or any other statement contained therein that are not issued directly by PULL&BEAR. Nor are we responsible for reviewing, monitoring or verifying such content or the accuracy and reliability of such content, or for ensuring that it complies with applicable law. Opinions, statements or other materials made available by third parties are not those pertaining to PULL&BEAR, but are of such third parties, and PULL&BEAR does not endorse such opinions, statements or materials.
The person identified in each case as the contributor for the Content is responsible for the Content. You recognise and accept that we have no control, nor assume any responsibility, for the potential damage caused, direct, indirect, incidental or consequential, which may result from use or abuse by third parties of the information that is included on the Media.
6.4 In this sense, PULL&BEAR shall not be liable for the Content from the user when it does not have effective knowledge that the information stored is unlawful or that it harms the property or rights of a third party subject to compensation. As soon as PULL&BEAR becomes aware that it stores data such as the aforementioned, it undertakes to act diligently to remove them or make access to them impossible.
6.5 Furthermore, PULL&BEAR reserves the right to unilaterally remove Content hosted on any of the Media if it considers that it contravenes these Terms and Conditions, if there are indications that the Content infringes any legal provisions, violates the rights of third parties, is considered harmful or is used for advertising purposes (spam), as well as when PULL&BEAR deems it appropriate to do so.
7. Intellectual and Industrial Property and transfer of rights to third parties
7.1 By replying “#YesPull&Bear", you accept these terms and conditions and grant to PULL&BEAR a free, worldwide licence, for the maximum period of protection provided for by law and with the right to transfer to third parties all exploitation rights (intellectual, industrial or image property or property of any other nature), including the rights of reproduction, distribution, public communication, transformation and making available, over all the aforementioned Content, for the purposes of commercial use and/or for advertising purposes, directly or through third parties, in and/or via all kinds of storage media, media, formats and forms of use, dissemination, public communication, making available or distribution currently known or that may exist in the future, including, but not limited to, the following:
(a) Telecommunications networks: through the use of the Content on any global communication and/or digital data transmission network (wired, wireless or any other type) such as, for example, mobile telephone networks or the Internet, which includes profiles on social networks (such as “Instagram", "TikTok", "Facebook", "YouTube" and "Twitter", among others), sites or web pages owned or controlled, directly or indirectly, by PULL&BEAR and/or the Inditex Group, as well as any other website (including, but not limited to, www.pullandbear.com, www.asos.com, www.vente-privee.com, www.privalia.com, www.zalando.com, www.trendyol.com,www.namshi.com, www.aboutyou.com, etc.), social interaction page, blog, personal profile or similar, whether or not they are under the control of PULL&BEAR and/or the Inditex Group, as well as through the use of the Content for advertising purposes in and/or through digital media, such as banners, newsletters or other online advertising spaces.
(b) Points of sale, labelling and digital media: by the inclusion, in whole or in part, of the Content by PULL&BEAR or any authorised third party thereof, on screens, TV/computer monitors and similar devices, catalogues, brochures, banners, presentations, covers, displays, projections, store windows, posters, canvases or billboards, both inside and outside all PULL&BEAR points of sale or shopping centres and/or buildings that include PULL&BEAR points of sale, on labels and on digital media or other promotional material affixed or related to PULL&BEAR points of sale.
(c) Others: through the inclusion of the Content (for information purposes or any other legitimate purposes), by PULL&BEAR or any third party authorised by it, in news or reports published in newspapers, magazines, public presentations related to PULL&BEAR and the Inditex Group or any other type of publication and/or written and/or digital media.
For clarification purposes, by virtue of the above, among other possible uses, PULL&BEAR, directly or through third parties, shall be authorised to: (1) publish the Content on its official social media profiles; (2) publish the Content on the websites of the PULL&BEAR points of sale (including the website www.pullandbear.com), provide such websites with tools (such as "share on" tools) through which Internet users can publish, reproduce, share or electronically link to the Content, on or through the spaces and/or pages that such users may have on social networks (such as, for example, "Instagram", "TikTok", "Facebook", "YouTube" and "Twitter", among others) and similar online social interaction services; and (3) allow downloading of the Content by such Internet users for private purposes.
7.2 You acknowledge that all intellectual and industrial property rights over the PULL&BEAR brand and over PULL&BEAR products that may appear in the Content are the property of PULL&BEAR and you do not obtain any assignment of rights over them.
8. Data protection
The personal data provided by users, including those that may be derived from the Content through the procedure described in these Terms and Conditions, will be used by PULL&BEAR as Data Controller, as well as by the companies that appear as owners of the websites in the different countries in which participation in the Programme takes place in order to manage the user's participation in this Programme and the development of the same.
In order to fulfil the aforementioned purposes, it is necessary for us to provide access to users' personal data to entities of the Inditex Group (for example, to the companies responsible for the websites of the countries in which PULL&BEAR operates or the company that acts as the head of the Pull&Bear brand in Spain) and to third parties that provide us with support in the services we offer, such as technological services or services for generating user content. For efficiency of service, some of the above-mentioned providers are located in territories outside the European Economic Area which do not provide a level of data protection equivalent to that of the European Union, such as the United States. In such cases, we inform users that we transfer their data with adequate safeguards, and always safeguard the security of your data . With these suppliers we have signed Model Contract Clauses approved by the Commission, the content of which can be viewed at the following link: https://ec.europa.eu/info/law/law-topic/data-protection/datatransfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en
Users' personal data will be retained for the duration of these Terms and Conditions unless users revoke their consent.
Users may at any time exercise their rights of access, rectification, deletion, limitation of processing and portability by sending a written communication to the email address dataprotection@pullbear.com, including "Image" and their country in the subject line. If necessary, we may request additional information from you in order to identify you as a user.
In the event that users wish to revoke authorisation to use their image, they may do so by using the content deletion procedure set out in Section 10 of these Terms and Conditions.
Finally, please note that you may contact the Data Protection Officer for any data protection-related queries by emailing dataprotection@pullbear.com, and we hereby inform you of your right tolodge a complaint with the relevant data protection supervisory authority: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc_es .
For more information about the use of your data, please see Pull&Bear's Privacy Policy available at www.pullandbear.com
9. Confidentiality
During the validity period of these Terms and Conditions and during a period of two (2) years from their end, no party shall be allowed to reveal Confidential information about the other party to third parties without the other party's prior written consent. This does not include information that is publicly known without breach by either party or which has been (i) independently developed without access to the other party's "Confidential Information"; (ii) lawfully received from a third party; or (iii) required to be disclosed by law, court order or competent authority.
10. Deletion of content
You may request the deletion of content you created by sending an email to pullandbearcommunity@pullandbear.com .
The content will be automatically removed after your request is received and processed, although the material may still be visible approximately for the next 24 hours. Without prejudice to the foregoing, Content that is already available to the public on any type of social network as a result of the Content Use that was carried out on said social network during the period of time between consent being given and the correct request for removal of the Content being received may remain indefinitely in that situation, although in no case shall new uses of the Content be initiated.
11. Applicable law and jurisdiction
All matters arising between PULL&BEAR and yourself relating to the interpretation, fulfilment and validity of the Terms and Conditions shall be governed by their own clauses and, in all matters not provided for therein, in accordance with Spanish legislation, the parties expressly submitting themselves to the jurisdiction of the Courts and Tribunals for where the user resides.