By uploading your photo (hereinafter the “Photograph”) to the platform and clicking on acceptance of the terms and conditions of use, or by replying #NHYes from your Instagram or Twitter account, you CONFIRM to MINOR HOTELSEUROPE & AMERICAS S.A. (hereinafter “MHEA”), Spanish tax identification number A28017895, that:
1. You are over eighteen (18) years of age, are the sole author of the Photograph, and that the said Photograph is the author’s original and does not infringe image rights, intellectual property rights, rights to reputation or any other kind of right of any third party; MHEA and companies in the MHEA chain will not be liable for any breach of this provision by the user.
2. You exclusively grant all intellectual property rights on the Photograph to MHEA and the companies in the MHEA chain (companies belonging to the chain may be viewed at https://www.nh-hoteles.es/nh-hotel-group-companies). This assignment of rights is effective worldwide for the whole intellectual property rights protection period, with no time or territorial restrictions of any kind. This assignment of rights specifically includes the right to reproduce, distribute, transmit publicly (including making available to the public) and create derivative audiovisual works and recordings by any manner and in any form, whether they be analogue, digital, Internet interactive networks, web pages, social networks, advertising, or other types of marketing or advertising campaigns or activities, etc.
3. You grant the Licensed Parties the right to use your username, real name, image, caption, location or any other identifying information in connection with the use of your Photograph.
4. You consent to MHEA collecting any personal information you provide, or which MHEA may gather, (including but not limited to your username, real forenames and surname(s), image, interests, locations and other identifying information in connection with the Photograph) for MHEA's use and disclosure in connection with the use of your Photograph as described herein. If you do not agree to the collection, use and disclosure of your personal information in this way, please do not post your Photograph or reply #NHYes or provide MHEA with personal information. In the event that you do not consent, your image and any other information derived from the same or from its publication on the relevant social network will be deleted within a maximum period of 30 days.
5. In the event that you do give your consent in the manner indicated above, the Data Controller will be MINOR HOTELS EUROPE & AMERICAS, S.A., Spanish tax identification number A-28027944, registered address calle Santa Engracia, 120, 7º, 28003, Madrid [Spain]. Your personal data, including your image, will be used for the purposes of marketing and promoting the services and facilities of MHEA and the other companies in the MHEA chain. The lawful basis for such processing is the consent you have given, and your personal data will be retained until we receive your express objection or you expressly withdraw your consent. Your personal information may be transferred to companies in the MHEA chain (companies belonging to the chain may be viewed at https://www.nh-hoteles.es/nh-hotel-group-companies) as well as to social networks on which your Photograph is published (such as Instagram and Facebook). Similarly, we inform you that your personal information may be transferred to third countries located outside the European Economic Area and specifically to the USA due to the services provided to MHEA by Olapic Inc. This transfer is regulated by the contract clauses signed by both companies. By posting your Photograph and replying #NHYes or otherwise providing MHEA with personal information, you agree to such collection, use, disclosure, transfer and processing of your information in accordance with the terms of these Terms of Use, MHEA's Privacy Policy and the applicable data protection laws and regulations.
6. We have informed you that under data protection regulations, as the data subject you have the right to access, request the rectification or erasure of, or restrict or object to the processing of your personal information, as well as the portability of your information where not subject to automated decision-making, and to withdraw your consent at any time, without affecting prior processing. In addition, we have informed you that you may lodge a complaint to the Spanish Agency for Data Protection or the relevant national authority if you believe your rights have been infringed (
www.aepd.es). You may exercise your rights by addressing your request by post to calle Santa Engracia 120, 7º, 28003, Madrid, Spain, or by email to
protecciondedatos@nh-hotels.com, attaching a copy of your Spanish national identity card or similar identity document and clearly stating the rights you wish to exercise. Alternatively, you may contact our Data Protection Officer (DPO) via the following channels, in all cases please state the reference 'Data Protection Officer'.:
- e-mail address: dpo@nh-hotels.com
- Address: Calle Santa Engracia 120, 7ª, 28003, Madrid
7. You guarantee you are over eighteen (18) years of age and that the personal data you have provided to MHEA is true, accurate, complete and current. The data subject is liable for the veracity of all personal data submitted and must keep the information provided up-to-date and reflective of their actual situation.
8. You guarantee you have informed any third parties whose personal data you have provided, if you have done so, of the points covered in this document. In addition, you guarantee that you have obtained their authorisation to provide their personal data to MHEA for the indicated purposes. MHEA or companies in the MHEA chain will not be liable for any breach of this provision.
9. You will be liable for any false or inaccurate information you provide via the Website and for direct or indirect damages caused to MHEA or to third parties.
10. You answer for, and exempt MHEA from, any judicial or non-judicial complaint which may arise from the use of the Photograph and which may be filed by third parties due to the unauthorised use of the Photographs or the infringement of the rights set out in section 1 above, assuming in full any liabilities which may arise from such complaints.
11. By accepting these terms and conditions, you exempt MHEA from any obligation to pay you or third parties any sum for use of the Photograph or for any intellectual property or other right contained in the same in connection with the uses described above, personally assuming such liability should this arise.
12. You guarantee MHEA peaceful exercise of the rights which it has been assigned and that you are able to freely grant the intellectual property rights on the aforementioned Photograph. You also guarantee that you hold, free from any encumbrances, the rights, licenses, permits and powers necessary to assign these rights.
