By posting or otherwise communicating with us on or via our official social media platforms or sites (such as Facebook, Twitter, Instagram, LinkedIn or Pinterest) through any means including but not limited to the use of hashtags, replies to our rights request, comment on your photo with a tag or mention @xvbeaconhotel and either #YesXVBeacon, or other such social media tags as we indicate directed to us on your content, you give us permission to use any material contained in your post or communication with us and you agree to such use under these Social Media Terms and Conditions.
You hereby grant to XV Beacon/XV Beacon, LLC, its parent, subsidiaries, affiliates, authorized persons and entities, licensees, successors, and assigns (“XVB”) the unlimited, royalty-free, nonexclusive, revocable, assignable and transferable right, license and permission (but not the obligation) to use the picture/portrait, likeness and/or voices, stories, text, photographs, postings, graphics, vocal or other sounds, video or audio recordings, animation, artwork, logos, or other content submitted by you, including, without limitation, any people and other elements incorporated therein, your name, social media names and addresses, any caption, and any other material submitted by you (collectively, the “Submission”) via any social media channel, including but not limited to any content submitted using the hashtag(s) we indicate or #YesXVBeacon, and/or tagging or mentioning @xvbeaconhotel and any material based thereon or derived therefrom, together with any other material, including, without limitation, fictional material, edited or altered as XVB sees fit, in any manner or media whatsoever whether now known or hereafter devised, including on any XVB web site and in XVB marketing communications, anywhere in the world, in perpetuity, for any lawful purpose (including, without limitation, for purposes of trade, promoting and advertising of the brand XV Beacon and their respective ships and services).
You agree that you have no right of approval as to the usage of your Submissions by XVB, no right to receive payment of any fee or royalty payment, no claim to compensation, and no claim (including, without limitation, claims based upon copyright, trademark, invasion of privacy, defamation, right of publicity, or moral rights) arising out of any use, blurring, alteration, editing, distortion, faulty reproduction, or use in any composite form of your Submission. This includes being acknowledged as the author of such Submission. You acknowledge that the potential publicity and promotional value to you by Turtle Bay Resort’s possible use of your Submission, including the display, publication, or other use and dissemination of the Submission to be good and valuable consideration, the sufficiency and receipt of which you hereby acknowledge.
You represent and warrant that: (a) you have the legal right to enter into this agreement and you are not impersonating anyone else (b) you are the creator and contain all rights in and to the content included with your Submission (including without limitation, all rights to the audio, video and or digital recording and performance contained in your Content (if any)) and/or you have acquired all necessary rights to the elements appearing in the content to enable you to grant any rights as described herein; (c) your Submission is original and was created by solely you; (d) the exercise of the rights granted herein will not violate or infringe upon the rights of any third party or violate any laws; (e) if any third party content is included in your Submission (including, without limitation, any depictions or references to other people) have any rights in the content of the Submission (e.g., someone else took a photo or appears in a photo), you have obtained all rights and permissions from any third party included in the content to share such content with XVB for promotional and marketing purposes and secured all necessary rights to include such third party content in the Submission and to grant the rights and license granted herein; (f) your Submission does not include any inappropriate, offensive, indecent, obscene, hateful, tortuous, defamatory, slanderous, or libelous content or otherwise depicts inappropriate behavior and the Submission does not contain any advertising or other commercial content; (f) you have the full and exclusive right and authority to grant the rights granted hereunder; and (g) you are 18 years of age or older.
You understand and agree that XVB shall have no obligation to use any content within the Submission (or any part thereof) in any way approved by you for usage and XVB may remove any Submission (or any part thereof) from any channels at any time for any reason at their sole discretion.
If you wish to withdraw any consent to use your Submission, you may do so by writing to email@example.com. Please provide sufficient detail of the Submission you wish us to cease making use of so that we can take appropriate action. Once we acknowledge receipt of your email request, please allow up to 90 days for your Submission to be removed from all distribution channels.
By agreeing to allow us to make use of your Submission, you are undertaking to XVB that you have abided by these Social Media Terms and Conditions. As such, in the event that any third party makes any claim against us for unauthorized usage of the content of your Submission, you agree to indemnify XVB for any losses they incur as a result of their unauthorized use of the content of the Submission by the real owner/licensor.
By replying #YesXVBeacon, you are granting XVB the right to use your photo, video or other post across our social media channels (“Social Media Item”), our websites, including but not limited to www.xvbeacon.com, in our email marketing, and in our advertising. This implies that we will process your personal data, i.e. by making a photo available to an audience that otherwise would not have seen it.
Who’s responsible for your personal data?
- a) When we say “we” or “us”, we are referring to XV Beacon/XV Beacon, LLC a company incorporated in Boston whose office is at 15 Beacon Street, Boston, MA USA. We are the data controller of your personal data.
- b) When we post a Social Media Item to our page on Facebook, Twitter or Instagram, those companies, together with us are also controllers, as they operate the social media platform.
What personal data do we collect or receive?
We will use only the Social Media Item that you have allowed us to use. Your Social Media Item may also contain information about other people, e.g., other people appearing in a photo or mentioned in a comment. By posting #YesXVBeacon you warrant that you are authorized to provide their personal data as seen in the photo and that they have consented to this use of their personal data.
How we use your personal data and who we share it with?
We may integrate your Social Media Item across our social media channels, on our websites and on our email marketing. We will only use your Social Media Item if the audience you selected was “public”.
When we post your Social Media Item to our page on Facebook, Twitter or Instagram, those companies will have access to the personal data contained in the social media post. They may also receive further data based on the interactions of other users with your Social Media Item (i.e. when a user tags another user in your Social Media Item or specifies the date or place where a photo was taken) or otherwise analyze your data. We do not control these processes and encourage you to consult the privacy policies of those companies; Facebook, Twitter and Instagram.
International transfers of personal data
The operators of the social media platforms we use are based in the USA where the level of data protection is not considered equivalent to that available in the EEA. Facebook and Twitter use standard contractual clauses approved by the European Commission and rely on the European Commission’s adequacy decisions for data transfers from the UK or EEA to other countries, meaning that they have implemented contractual obligations when transferring personal data to ensure that they provide an adequate level of data protection. You can find out more about this in their privacy policies: Facebook and Twitter. Us posting your Social Media Item to these international social media platforms is based on your consent.
We will process your data based on your consent to the use of your data as described above. If you do not agree, this will have no negative consequences for you. You may also revoke your consent at any given time by mail to firstname.lastname@example.org.
You have the right to request access to and rectification or deletion of your personal data or restriction of processing your data or to object to the processing as well as the right to data portability.
You also have the right to make a complaint about how we process your personal data at your data protection supervisory authority. Any claim, controversy or dispute arising under or related to these terms and conditions will be governed by and construed in accordance with the laws of the State of Massachusetts, without regard to conflicts of law principles.