Transfer consent of photograph rights for the LactApp Barcelona photomosaic by artist Joan Fontcuberta

Please read this document carefully before sending us your pictures.

1. Introduction

For the occasion of the inauguration of the new LactApp center in Barcelona, the photographer Joan Fontcuberta is going to create a unique artwork exclusively for LactApp and its users.

This will be exhibited in a privileged location inside the center so that everyone who visits the center can enjoy it.

From LactApp, we wanted that all users who wish to do so could participate in this artwork and be represented in it. For this reason, a photomosaic of breastfeeding and motherhood will be made based on photographs sent by LactApp users. To see what kind of work we are talking about, you can see an example here, which the author himself has made.

If you would like to be part of this piece of art, we encourage you to participate and send us as many pictures as you want of your breastfeeding and/or motherhood journey.

To do so, we need you to read this consent form for the transfer of images carefully and to fill in and accept its conditions. If you do not, the photographs you send us will not be part of the artwork and will not be exhibited in LactApp.

2. Parties

I, hereinafter «the participant», confirm that I am of adult age and that I own all rights of image and authorship of the audiovisual material (photographs), hereinafter the «assigned material», which I will assign to LactApp Women Health, SL with NIF n.º: B66777780 and legal residence in Barcelona, Calle Comte Urgell, 96, principal 4ª, Data Protection Officer: Email: [email protected] – Phone: 0034 91 113 49 63 hereinafter LactApp. Below are the terms and conditions of the transfer of rights contract.

Additionally, I confirm that I have the express and unequivocal consent to transfer by verbal or written agreement of any other person whose data and/or rights may appear or be identified in the transferred material. In the event that any minors appear in the material, I confirm that I also have the expressed and unequivocal consent of others who have parental authority.

3. Purpose of the transfer of the «material ceded».

The purpose of the disinterested cession of the images by the participant is that LactApp can use such material to carry out the photomosaic that will be exposed in the LactApp Women Health Center in a visible and public place. In addition, this work can be photographed and disseminated through different social networks as well as other media and channels.

3.1 Cessions

The data will be transferred to the Author of the work, the photographer Joan Fontcuberta to the social networks Twitter, Instagram, LinkedIn, YouTube, and Facebook.

3.2 Legal basis

(Art. 6.1.a RGPD) Consent of the data subject.

3.3 Rights.

You have the right to access your data, rectify it, delete it, limit or oppose its processing to its portability, withdraw your consent, and complain to the Spanish Data Protection Agency.

3.4 International Transfers

Visitors to the LactApp offices themselves may photograph the mural and post it on their social media channels, where there may be international transfers of data. Photographs of the works may be displayed outside the European Union.

3.5 Additional information

Request our «Privacy and Data Protection Policy» at https://lactapp.es/politica-privacidad/ or at [email protected].

4. Economic conditions

The transfer of all the material that the Participant disinterestedly provides to LactApp does not entail any financial compensation in favor of the Participant, neither at the time of the transfer nor in the future. In addition, and in order to clarify these terms, the participant expressly waives any financial consideration or compensation that may derive from any rights of his own or associated with the transferred material.

5. Geographical scope and duration of the assignment of rights

The assignment, and therefore the use of the assigned material, has no specific geographical scope so LactApp may use it in all countries of the world without geographical limitation of any kind. 

All this with the only exception and limitation of those uses or applications that could infringe the right to honor in the terms provided in the Organic Law 1/85 of May 5, 1985, on Civil Protection of the Right to Honor, Personal and Family Privacy and Self-Image. 

This assignment of rights does not set any time limit for its use, so the assignment is considered granted for an unlimited period of time. However, it can always be revoked by the participant at any time.

6. Revocation of the assignment

In the event that the Participant gives notice in writing to LactApp that he/she wishes to revoke the assignment of all or part of the transferred material, or in the event that a third party, holder of any right over the assigned material, wishes to revoke the assignment, LactApp, making use of Article 2 of Law 1/82, will assess the damage caused by the modification of the work as well as the justified expectations of profit and will inform the amount to be compensated in order to subsequently remove the material from its internal files, modify the photocomposition by deleting the images so as not to use them in any project from the date of communication of the revocation.

LactApp will make every effort to remove all images from those physical and virtual spaces of which LactApp is the owner and has the power and technical capacity to remove the material. On the other hand, LactApp cannot be held responsible, although it undertakes to try to remove the material in question from other websites and other virtual domains that are not owned by LactApp, such as social networks, websites, and/or search engine listings controlled by third parties or companies.

7. Jurisdiction

The Parties, for the interpretation and execution of this Consent of participation and assignment of rights, with a waiver of their own jurisdiction, if any, expressly submit to the Courts and Tribunals of the city of Barcelona, Spain.

8. Acceptance

By accepting this notice, I expressly authorize LactApp to process and use the data and photographs in accordance with the purposes set out above.

At the time of sending, I agree to give my expressed consent freely and unequivocally.

If minors appear in the image, those who have parental authority must transfer their image rights, accepting the conditions set out in this document.