Like any of us the prospect of a lovely new Leica appeals so when I saw this competition publicised by the good folks at Daylight Books I thought I might give it ago. I generally click through the ‘so you agree to our terms section’, not reading a damn thing. But in this instance the the T&Cs were placed in a scroll box just where you click ‘I do’, so I scrolled.
What I expect in a competition such as this is to give away the right for the competition holder to use the image and my name alongside it for their publicity, on their web site etc. What I don’t expect is to give them the absolute and irrevocable right to publish my name, email address, home address in perpetuity “in conjunction with other material” (which to take to a ridiculous degree could be porn) on media which may not have even been invented yet! The following T&Cs allow Luxottica Group S.p.a. to do pretty much anything with the data I give them. To credit them they have advised me that in a fairly prominent way, however they know as well as you do that the majority of competition entrants won’t read through what is contained in a fairly small scroll box, so here it is.
“For valuable consideration, receipt and sufficiency of which is hereby acknowledged, I hereby grant Luxottica Group S.p.a. its parents, subsidiaries, affiliates, agents, and assigns (collectively “Luxottica”) the absolute and irrevocable right and permission to use, re-use, publish, re-publish, publicly display, perform, transmit, exhibit, and reproduce my name, address, e-mail address, statements, video, voice, photograph, or other likeness, in whole or in part, individually or in conjunction with other material, including without limitation, text, photographs, video, or images, in any medium (whether now known or hereafter invented) and for any and all purposes, including but not limited to advertising, publicity, promotion, contests, packaging, and trade, throughout the world without restriction as to manner, frequency, or duration of usage. I agree that my name, address, e-mail address, statements, video, voice, photograph, or other likeness may be used with whatever visuals, copy, or other elements Luxottica may determine, in its sole discretion, for all media usage (including, but not limited to, usage on the Internet), and that nothing herein shall obligate Luxottica to use my name, address, e-mail address, statements, video, voice, photograph, or other likeness. I further agree that all materials produced pursuant to this Authorization and Release are and shall remain the sole and exclusive property of Luxottica, and that I will not receive any kind of payment, remuneration, compensation or consideration of any kind. I represent and warrant that I have the right to grant Luxottica the above-mentioned rights without obtaining the permission of, or making any payments to, any third party or entity. I hereby waive any right I may have to inspect and approve the finished product and the advertising/publicity copy that may be used, and hereby release and discharge, indemnify and hold harmless Luxottica and its officers, directors, employees, contractors, agents, and any designees, including without limitation, Luxottica’s licensees, successors, and assigns, from and against any and all liabilities, losses, claims, demands, costs (including without limitation attorneys fees) and expenses arising out of or in connection with any use granted hereunder, including but not limited to any claims for defamation, invasion of privacy, right of publicity or copyright infringement. Regarding statements or representations attributable to me and provided by me, I hereby warrant and represent that such statements or representations accurately reflect my true and honest experience and/or belief. I agree to execute such additional documents confirming this as Luxottica may reasonably require. I represent that I am over the age required by law to enter into binding agreements, that all the people shot in the video/photographs are over the age required by law and that I have no conflicting contractual obligations that would interfere with my granting the rights herein granted. If I am under age, the signature of my legal guardian below shall constitute such guardian’s consent on my behalf to the terms and conditions of this Authorization and Release.”
Following that not inconsiderable intrusion you are then expected to agree to the following ‘Authorization to Control Data’.
“The company Luxottica Group S.p.A., with registered office at Via Cantù 2, 20123 Milano, Italy controller of the data that you intend to give us, hereby informs you that we and/or our subsidiaries, affiliates, agents, and assigns will use the data we collect for marketing and promotional purposes, including but not limited to the following purposes: Sales campaigns, competitions for prizes, customer loyalty programs, distribution of gifts and prizes, sending of (informational) advertising material about our products, services and campaigns, sales offers and co-marketing campaigns, invitations to shows and events, market surveys. Your personal data may be sent to other third parties with whom our company and our affiliates may wish to collaborate in pursuit of the objectives set out above, or who provide central or support services in pursuit of the same objectives (for example: market research institutes, marketing companies, advertising agencies, companies that provide IT, delivery or planning services), or to fulfill legal obligations, or to respect the stipulations set forth by public authorities, or to assert a right before a court of law. The list of said third parties is available from the data controller. In assuring you that your data will be handled appropriately to ensure your privacy, in accordance with all applicable laws, including Legislative Decree 196/2003 of Italian law, whether via paper or electronic means, and on the basis of the objectives set out above, we wish to inform you that at any time you may exercise your rights in accordance with article 7 of Legislative Decree 196/2003, which allows you free access to your data, to have your data updated or cancelled without delay, and to oppose the use of your data for sales or advertising purposes, by writing to Luxottica Group S.p.A.”
It’s quite incredible that a company thinks that this level of personal intrusion is acceptable. I’m sure many of those who have already entered this data mining sham of a competition have just clicked though as I normally would. I urge you not to enter, I for one don’t want a Leica at that price.