Selective use of data

Some brands/manufacturers participating in DATA NatuRe ("data providers") operate with selective distribution concepts for their products. The selective distribution also applies analogously to protected data and content associated with the products and brands (images, texts, designs, videos, graphics, information on ingredients, etc., hereinafter referred to as "protected data").

The rights (trademark rights, image rights, copyrights, property rights, etc.) to the protected data, which are provided to DATA NatuRe by the data provider (possibly also on behalf of other brands), are exclusively owned by the data provider or have been transferred/granted to it by upstream suppliers/right holders. The data provider grants limited rights of use to the data consumers in the context of selective distribution and only under certain conditions.

Permitted use of the data:

After authorisation by the data provider by means of activation in DATA NatuRe or, if applicable, on behalf of other EDP providers/ systems or portals, the contents of data recipients may only be used for the following purposes:

• For advertising, product communication, content communication to consumers in connection with the products/the brand;
• To advertise the point of sale of the data recipient authorised by the data provider, provided there is a direct reference to the product or the data provider or its brand;
• To promote projects of authorised data recipients that are also closely related to the product or the data provider or its brand (organic food days, sustainability festival, etc.) The data is to be used here in connection with data providers, product or brand.

Access data and passwords must be managed with appropriate sensitivity by the data recipient and stored securely.

Should it be necessary to pass on contents by means that circumvent a possible activation in the database (copy on data carriers etc.), the conditions apply accordingly. Data may only be passed on to third parties (resellers, processors, etc.) for the same purposes, but may also be excluded by individual data providers.

Except for the above-mentioned purposes, the protected data may not be duplicated, distributed, sent or otherwise made publicly accessible or passed on to third parties. The data recipient will use the data provided by the respective data provider in the respective current version and will immediately cease using the data if requested to do so by the data provider. If the prerequisites for granting the rights of use are no longer fulfilled, the data purchaser undertakes to immediately cease using the contents or any forwarding of the contents that may have been permitted up to that point and to immediately remove any existing copies (cache, copies stored elsewhere, etc.).

The authorisation formally grants the data purchaser a simple right of use of the protected data, unlimited in territorial scope but subject to the conditions and duration of a selective distribution agreement with the right holder concerned.

Examples of conditions imposed by individual data providers on selective distribution:

Weiling:  

• The content may only be used by Weiling Clients
• They must use the content in accordance with the distribution strategy defined by Weiling "Specialist trade" (see AGB)
• Weiling reserves the right to decide on the release individually
• Further digging to resellers, processors must be subject to the same rules as the permission to pass on goods according to the AGB of Weiling (No conventional trade...)

Spielberger:

§ 6 Intellectual property

• In order to maintain a uniform identity, the authorised dealer is entitled and obliged during the term of the contract to use the trademarks and other protected signs of the entrepreneur in fulfilment of his obligations under this contract and to promote their value and reputation. The authorised dealer may not use the trademarks and other protected signs in his company name or business name without the prior written consent of the entrepreneur. If the entrepreneur wishes to use a trademark or other protected sign in another way or no longer use it, the authorised dealer will, at the entrepreneur's request, also convert or cease use in the other way.
• The authorised dealer may not alter or otherwise misuse the trademarks and other protected signs and may not transfer them to third parties.