Release 17ACADEMY Episode Podcast

GENERAL TERMS AND CONDITIONS
AGREEMENT TO RELEASE FORM 17ACADEMY PODCAST

AusserGewöhnlich Berlin GmbH & Co. KG
represented by the foundation under civil law „AusserGewöhnlich Berlin
which in turn is represented by the Board of Directors Alexander S. Wolf
c/o BIKINI BERLIN
Budapester Str. 50
10787 Berlin
Im Folgenden ?AB?

T 030 / 25 74 16 14
F 030 / 94 05 15 38

redaktion@aussergewoehnlich-berlin.de

1. SUBJECT OF THE CONTRACT

The partner is available to AB as an interview partner for an audio recording (podcast).

2. TRANSFER OF RIGHTS OF USAGE

(1) The Partner grants AB the exclusive and irrevocable right of usage, editing and other usage rights (non-commercial and commercial incl. merchandise) of its performance, wording or other service. This applies to unlimited geographical, time and content rights, to all known and unknown types of usage.
(2) AB has the unlimited right to reproduce, translate, edit (including combining it with other works, reshaping, translating into other languages), transfer into other forms of presentation and otherwise modify, continue and supplement the performance, wording or other performance of the speaker, distribute in unmodified and modified form, publicly perform by wire and wireless means, sub-license, usage, store in any known or unknown medium or otherwise, reproduce, display, publish, distribute in tangible or intangible form, publicly perform, performance and/or the work in whole or in part to the public and non-public, to broadcast, to perform and to make publicly perceptible by any technical means whatsoever, the performance, delivery and/or the work or the reproductions made thereof in whole or in part by any means whatsoever, (sound broadcasting, television broadcasting, wire broadcasting and other, incl. future technical devices) to the public and to make the broadcast publicly perceptible, to use it in databases, data networks and online services as well as to transfer all rights of usage granted under this agreement against payment and free of charge. In doing so, however, AB shall ensure that the content of the statements made by the partner is not changed.
(3) If the Partner is entitled to a copyright or other right in connection with or due to its performance and/or service, it will grant AB the exclusive and temporally and spatially unrestricted right of usage for the same purposes and to the same extent.

3. EDITING / PERSONAL RIGHTS / NAMING

The recordings may be edited or redesigned or combined with other works while respecting the personal rights of the Partner. The naming of the Partner shall take place according to the Partner’s specifications. The Partner shall inform the Producer in text form within a period of 14 days after the conclusion of this Agreement under which designation (e.g.artist’s name /civil name) a naming is to take place.

4. WAIVER

The Partner expressly and at its own request waives any remuneration for the declarations pursuant to clauses 2 and 3. AB accepts the waiver.

5. NON – DISCLOSURE

(1) The partner maintains secrecy about all matters and processes of AB, which come to its knowledge in the course of its activities, in particular business and trade secrets. This shall not apply to information, which is generally known to the public and/or, which has been made known to the public by AB.
(2) The obligation to maintain secrecy also applies to the time after termination of the cooperation with AB.

6. CONCLUDING REMARKS

(1) Additions or amendments to this contract must be made in writing. This applies also to this written clause.
(2) The place of performance and jurisdiction for all legal disputes arising from the contractual relationship as well as regarding its creation and effectiveness is Berlin.
(3) The law of the Federal Republic of Germany applies exclusively. The application of the Vienna Convention on the UN Convention on Contracts for the International Sale of Goods is excluded.
(4) Insofar as one or more of the clauses of this contract are invalid or should become invalid with time, does not affect the validity of the remaining contract. The invalid clauses will be replaced by the statutory provisions. The statutory provisions also apply in the event of a loophole.
(5) The contracting parties will inform each other without delay of all circumstances, which could be of significance for the execution of this Agreement.
(6) This Agreement will be drawn up in duplicate. By signing this Agreement, each Party simultaneously declares that it has received a copy of this Agreement.
(7) This Agreement contains a translation into the German language. In case of translation differences or in case of doubt, the German version of the Agreement shall be binding.

DATA PROTECTION

1. Name and contact details of the data controller

This privacy notice applies to data processing by:

AusserGewöhnlich Berlin GmbH & Co. KG, represented by the foundation under civil law „AusserGewöhnlich Berlin, which in turn is represented by the Board of Directors Alexander S. Wolf

c/o BIKINI BERLIN
Budapester Str. 50
10787 Berlin
Im Folgenden ?AB?

T 030 / 25 74 16 14
F 030 / 94 05 15 38

redaktion@aussergewoehnlich-berlin.de

2. Collection and storage of personal data as well as type, purpose and use of data

Data processing is carried out in response to your request and is necessary for the stated purposes for the appropriate processing and for the mutual fulfillment of obligations arising from the contract in accordance with Art. 6 para. 1 p. 1 lit. b DSGVO.
The personal data we collect for the execution of the contract will be stored until the expiry of the legal obligation to retain data and then deleted, unless we are obliged to store data for a longer period in accordance with Article 6 (1) sentence 1 lit. c DSGVO due to tax and commercial law retention and documentation obligations (from HGB, StGB or AO) or you have consented to storage beyond this in accordance with Article 6 (1) sentence 1 lit. a DSGVO.

3. Transfer of data to third parties

A transfer of your personal data to third parties for purposes other than those listed below does not take place. Insofar as this is necessary for the processing of the contract according to Art. 6 paragraph. 1 p. 1 lit. b DSGVO, your personal data will be passed on to third parties. This concerns in particular travel bookings, payment transactions, application forms for visas, VAT exemptions, A1 forms. The data passed on may be used by the third party exclusively for the purposes stated.

4. Data subject rights

You have the right
(a) in accordance with Art. 7(3) DSGVO, to revoke your consent once given to us at any time. This has the consequence that we may no longer continue the data processing based on this consent for the future;
b) to request information about your personal data processed by us in accordance with Art. 15 DSGVO. In particular, you may request information about the processing purposes, the category of personal data, the categories of recipients to whom your data have been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right of complaint, the origin of your data if it has not been collected by us, and the existence of automated decision-making, including profiling, and, if applicable, meaningful information about its details;
c) in accordance with Art. 16 DSGVO, to immediately request the correction of incorrect or completion of your personal data that we store;
d) pursuant to Art. 17 DSGVO, to request the erasure of your personal data stored by us, unless the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defense of legal claims;
e) pursuant to Art. 18 DSGVO, to request the restriction of the processing of your personal data, insofar as the accuracy of the data is disputed by you, the processing is unlawful, but you object to its erasure and we no longer need the data, but you need it for the assertion, exercise or defense of legal claims or you have objected to the processing pursuant to Art. 21 DSGVO;
f) pursuant to Art. 20 DSGVO, to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request the transfer to another controller; and
g) complain to a supervisory authority in accordance with Art. 77 DSGVO. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or our company headquarters for this purpose.

5 Right to object

Insofar as your personal data is processed on the basis of legitimate interests pursuant to Art. 6 (1) p. 1 lit. f DSGVO, you have the right to object to the processing of your personal data pursuant to Art. 21 DSGVO, insofar as there are grounds for doing so that arise from your particular situation. If you wish to exercise your right to object, an e-mail to our e-mail address mentioned under point 1 is sufficient.