Fan Video - T&Cs
PART A: TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE SUBMITTING YOUR VIDEO(S).
IF YOU ARE UNDER THE AGE OF 18 PLEASE MAKE SURE READ THE BELOW AND FOLLOW THE INSTRUCTIONS IN PARAGRAPH 5
From: GS Believe LLP, c/o Skeet Kaye Hopkins, 2nd Floor, Northumberland House, 303-306 High Holborn, London, WC1V7JZ (“we”, “our”, “us”)
To: Gavin James Fan (“you”, “your”, “yours”)
Re: “Boxes” Fan Video
We are the record company for Gavin James. Thank you for choosing to submit your video for possible inclusion in the fan video of “Boxes” by Gavin James. Your contribution to the video is greatly appreciated. We apologise for the formality but, in order for us to put your performance to good use, we have created the terms and conditions (“Terms”) below. These Terms set out the basis on which you agree to upload and submit your Content via the Google Form which is controlled by us.
Where we use the capitalised term “Content” in this letter we are referring collectively to your contribution to the audio recording of “Boxes” including any and all versions, mixes and remixes, your contribution to the music video and also any other content that has been created in association with the recording including outtakes, interviews, rehearsals, photos and behind-the-scenes footage.
- In consideration of us permitting you to submit your Content you hereby irrevocably and unconditionally grant to us the following rights throughout the world for the full period each right may exist:
- an exclusive licence of the copyright in the Content (including without limitation the copyright and all similar and associated rights such as so-called “performer’s property rights” and so-called “rental and lending rights”) such that we have the exclusive and unlimited right to do all acts restricted by the copyright in the Content, including without limitation the exclusive and unlimited right to copy, synchronise with visual images, reproduce, distribute, make available, communicate to the public, publicly perform, adapt, sell, lend, rent advertise, promote or otherwise use or exploit, by any methods now or hereafter known, (and in each case to refrain from so doing so) the Recording as we may see fit in our absolute discretion, and to authorise any other person to do (or refrain from doing) any of the foregoing;
- without limiting the scope of 1(a) the exclusive right (but not the obligation) to incorporate the Content, or part of the Content, in one or more recordings of performances by Gavin James and to use or commercially exploit, by any methods now or hereafter known or to refrain from so doing, as we may see fit in our absolute discretion and to authorise any other person to do (or refrain from doing) any of the foregoing;
- to the extent that the Content embodies a performance by you (“your Performance”) all necessary performer consents (including under Part II of the Copyright, Designs and Patents Act 1988) to enable us and our licensees and designees to exploit the Content to the fullest possible extent, including by the means described in 1(a);
- to the extent that the Content embodies a musical work or literary work of which you are the author (“your Work”) a non-exclusive licence to do, and to authorise others to do, all acts restricted by the copyright in your Work, including without limitation all of the acts and forms of use or exploitation described in 1(a);
- You further hereby irrevocably waive, in perpetuity and throughout the world, all so-called “moral rights” which you may have under the laws of any country of the world in respect of the Content, your Performance and your Work (or if you are not allowed at law to waive the same then you hereby agree not to assert the same against us).
- Neither we nor our licensees or designees shall have any obligation to make any payment to you in respect of the rights hereby granted to you or in respect of any use or exploitation of the Content, your Performance (if applicable) or your Work (if applicable), save only for payments required (and to the extent that they are required) to be made to you under any applicable law under which your right to receive such payment cannot be waived.
- You warrant, agree and represent to us that: (a) you are entitled to enter into this agreement (and you are not party to any other agreement which would otherwise prohibit you from doing so); (b) your Performance in the Content does not infringe the rights of any third party or contain any pre-existing recordings or “samples”; (c) the Content does not embody materials which are unlawful, defamatory of any person, abusive, offensive or obscene; (d) you give all such consents as may be necessary to enable us to exploit the Content freely as we see fit; (e) the Content does not embody a music work or a literary work of which you are the author; (f) you will not use any of the audio recordings or other materials we send you for any purpose other than for creating Content with the intention of submitting it to us (and such audio recordings and other materials shall remain our sole property at all times); (g) the Content does not contain a performance by any person other than you; and (h) you are not under the age of 18 (or if you are, see the condition in paragraph 5 below).
- You indemnify us against all sums incurred by us pursuant to a third party claim which is caused by a breach or an alleged breach by you of your agreements, warranties and representations hereunder.
These Terms contain all of the terms agreed between the parties and replace any and all previous agreements whether written or oral concerning the subject matter of these Terms. You and we both agree that these Terms shall be governed by the laws of England and the parties hereto submit to the exclusive jurisdiction of the English courts. If necessary, you agree to execute any documents and instruments as we may reasonably request to give effect to the intention of these Terms.
PART B: PARENTAL CONSENT FORM
I confirm that (a) I have read and understood the Terms in Part A above; (b) it has been explained to the named minor; (c) it is to the benefit of the minor; and (d) I will use all reasonable endeavours to procure that the minor complies with it and will, at your request, ratify the same once the minor reaches majority.
Last updated: 28 May 2020
GS BELIEVE LLP (“us”, “our”, “we”, “GSB”) is the controller of your personal data collected through the Google Form [link]. GSB is committed to protecting and respecting your privacy.
The Form is not intended for children and we do not knowingly collect personal data relating to children. If you are under the age of 18, you must ensure that the parental consent form attached hereto in Schedule A is signed by a parent or guardian and submitted each time you use the Form.
What types of data we collect from you when you use the Form?
The personal data we collect from you may include:
- Identity Data: which includes your full name.
- Contact Data: which includes your e-mail address.
- Marketing and Communications Data which includes your preferences in receiving marketing from us and our third parties.
Information you give to us
When you use the Form, contact us by email or by post, report a problem with the Form, or offer your information to us in any way, we may collect, store and use the personal data that you disclose to us.
It is important that the personal data we hold about you is accurate and current. If you want to update the information you have previously given to us, please contact us.
Lawful basis for processing your information
We will only use your personal data when the law allows us to. Most commonly we will use your personal data in the following circumstances:
- Where you have asked us to do so, or consented to us doing so;
- Where we need to do so in order to perform a contract we have entered into with you;
- Where it is necessary for our legitimate interests (or those of a third party) and your fundamental rights do not override those interests; and
- Where we need to comply with a legal or regulatory obligation.
We may use your personal data to contact you about our latest news, our products or our services (we call this marketing).
You will receive marketing communications from us if you have subscribed to receive marketing communications from us.
To unsubscribe from marketing emails at any time, please click on the unsubscribe link at the bottom of any marketing email, or you can contact us.
We will get your express opt-in consent before we share your personal data to any third party for its own marketing purposes.
Sharing your personal data
Depending on how and why you provide us with your personal data we may share it in the following ways:
- we may share your personal data with any member of our company group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006; and
- with analytics and search engine providers that assist us in the improvement and optimisation of this Form.
We may also disclose your personal data to third parties in the following events:
- if we were to sell or buy any business or assets, in which case we might disclose your personal data to the prospective seller or buyer of such business or assets as part of that sale;
- if GS Believe or substantially all of its assets are acquired by a third party, in which case personal data held by us about our customers will be one of the transferred assets; and/or
- if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or if we are asked to provide your details to a lawful authority in order to aid in the investigation of crime or disorder;
Our service providers provide us with a variety of administrative, statistical, and technical services. We will only provide service providers with the minimum amount of personal data they need to fulfil the services we request, and we stipulate that they protect this data and do not use it for any other purpose. We take these relationships seriously and oblige all of our data processors to sign contracts with us that clearly set out their commitment to respecting individual rights, and their commitments to assisting us to help you exercise your rights as a data subject. The following is a list of the type of trusted service providers we use:
- Website Developers
- Analytics Providers
- Online Marketing Providers
Links to third party sites
We will hold your personal information on our systems only for as long as required to provide you with the services you have requested, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
In some circumstances you can ask us to delete your data: see ‘Your Rights’ below for further information.
We may choose to anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
GS Believe takes the protection of your information very seriously. We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. Where we have given you a password that enables you to access certain parts of the Form, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Whenever we do transfer your personal data outside of the United Kingdom and European Economic Area (together “UKEEA”), we ensure that a similar degree of protection is afforded to it by ensuring that in most cases at least one of the following safeguards is implemented:
- we will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission;
- we will only transfer data to the US, where the business we are transferring your personal data to is part of the Privacy Shield (which requires them to provide similar protection to personal data shared between Europe and the US); and
- where you we use certain service providers, we will use specific contracts approved by the European Commission which gives personal data the same protection it has in Europe.
By submitting your personal data, you understand the terms on which we may transfer your personal data outside of the UKEEA. If you would like more information about transfers outside of the UKEEA, please contact us.
Right of Access
You may, at any time, request access to the personal data we hold about you (you may have heard of this right being described as a "subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Your Right to Rectification
You may request that we correct personal data that we hold about you which you believe is incorrect or inaccurate, though we may need to verify the accuracy of the new data you provide to us.
Your Right to Erasure
You may ask us to erase personal data if you do not believe that we need to continue retaining it (you may have heard of this right described as the “right to be forgotten”). If for any reason we believe that we have a good legal reason to continue processing personal data that you ask us to erase we will tell you what that reason is at the time we respond to your request.
Your Right to Object to Processing
You may object to processing of your personal data where we rely on legitimate interest for processing that personal data. You also have the right to object where we are processing your personal data for direct marketing purposes. We will comply with your request unless we have a compelling overriding legitimate interest for processing or we need to continue processing your personal data to establish, exercise or defend a legal claim.
Your Right to Restrict Processing
This enables you to ask us to suspend the processing of your personal data in the following scenarios:
- if you want us to establish the data's accuracy;
- where our use of the data is unlawful, but you do not want us to erase it;
- where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
- you have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.
Your Right to Portability
We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Your Right to object to automated decision making and profiling
You have the right to be informed about the existence of any automated decision making and profiling of your personal data, and where appropriate, be provided with meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing that affects you.
Your right to withdraw consent at any time
You may withdraw your consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
Exercising your rights
When you write to us making a request to exercise your rights, we are entitled to ask you to prove that you are who you say you are. We may ask you to provide copies of relevant ID documents to help us to verify your identity.
You may also lodge a complaint with our lead supervisory authority, the Information Commissioner, or your local supervisory authority about any aspect of our handling or processing of your personal data. We would, however, appreciate the chance to address your concerns before you approach any supervisory authority, so please contact us in the first instance.