Valspar User-Generated Content Terms and Conditions
(“UGC" T&Cs)

 

By using #YesValspar you agree to the following User-Generated Content Terms and Conditions (“Terms and Conditions”) under which Sherwin-Williams Diversified Brands Limited, The Valspar (UK) Corporation Limited, or any of their affiliates or subsidiaries (collectively, “Sherwin-Williams/Valspar”) may use the content publicly posted by you on social media, as identified in Sherwin-Williams/Valspar’s communication to you to which you have responded on which such content appears (“Your Content”).

1. You hereby grant to Sherwin-Williams/Valspar a non-exclusive, irrevocable, worldwide, royalty-free right and license to use, publish, and otherwise reproduce, modify and distribute Your Content, with or without your name or other identifying information, in perpetuity, worldwide in any and all Sherwin-Williams/Valspar related media for any lawful purpose. These uses may include, but are not limited to, information, promotion or advertising of Sherwin-Williams/Valspar or its products via the internet, websites, mobile apps, social media, and any other digital or non-digital means.

2. By consenting to our use of Your Content, you further represent the following:

- that you are 18 years of age or older;

- that you have created, own, or otherwise control the rights to Your Content and any and all elements thereof;

- that you have the rights from any and all third parties appearing in Your Content to use their names, images or likenesses and any other third party-owned elements as necessary in and as part of Your Content; and

- that Your Content does not infringe or violate the rights of any third parties, including, but not limited to, intellectual property rights, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality obligations.

3. In agreeing to Sherwin-Williams/Valspar’s use of Your Content, you give us your permission for us to redesign, archive, reproduce, disseminate, display, publicly perform and/or replay and make publicly accessible, as well as to cut and edit, adapt and modify Your Content or any part of it.

4. You hereby release and discharge Sherwin-Williams/Valspar from all and any obligation to pay you for any use of Your Content and any of the intellectual property rights contained in Your Content in connection with these Terms and Conditions.

5. You accept that Sherwin-Williams/Valspar may refuse to use or remove Your Content for any reason. Sherwin Williams/Valspar reserves the right to alter these Terms and Conditions without warning.

6. To the extent it is permitted by law to do so, we accept no liability for any damage, injury or loss suffered due to our use of Your Content.

7. These Terms and Conditions are governed by English law and any disputes in relation to them are subject to the exclusive jurisdiction of the English courts.

In addition to these Terms and Conditions, you agree to be bound by Sherwin-Williams/Valspar’s standard Terms of Use and Privacy Policy for its websites, as may be modified and updated from time to time.

 

Privacy Notice

 

What does this notice cover?

This notice describes how Sherwin-Williams/Valspar (also referred to as "we" or "us") will make use of your data collected in relation to Your Content (as defined in the User Generated Content Terms and Conditions above).

This notice also sets out your data protection rights, including a right to object to some of the processing that Sherwin-Williams/Valspar carries out. For further information, please see your rights below.

For information on how Sherwin-Williams/Valspar processes data of customers and potential customers, please see Sherwin-Williams/Valspar’s Privacy Policy ( https://privacy.sherwin-williams.com/privacy-policy) which is in addition to this Notice.

 

 What personal data do we collect?

 Sherwin-Williams/Valspar will collect the following data:

- Personal Identification information (Name, Instagram Handle or social media account name; and

- Image(s) of Your Content.

How do we collect and use your personal data? 

We only use data relating to Your Content to which you have responded #YesValspar for our marketing and promotional purposes where you have given your consent to do so.

We may also use some of the data we hold on you in relation to Your Content to conduct our business and pursue our legitimate interests, in particular:

- to contact you regarding having Your Content used in a Sherwin-Williams/Valspar marketing campaign;

- storing the data on a database alongside Your Content for future use in marketing campaigns by Sherwin-Williams/Valspar; and

- using data in connection with legal claims, compliance, regulatory and investigative purposes as necessary (including disclosure of such information in connection with legal process or litigation);

We may also use personal data associated with Your Content for purposes required by law in response to requests by government or law enforcement authorities conducting an investigation.

How do we store your data?

Your data will be securely stored on the Sherwin-Williams Digital Asset Management system. This system is password protected and only authorised third parties have access to the system who have committed to the Sherwin-Williams data protection guidelines.

Who will we share this data with, where and when?

Sherwin-Williams/Valspar may disclose your information in the following circumstances:

- Affiliates - We may share information within Sherwin-Williams/Valspar among our various businesses and affiliated companies, including, for example, to provide you with our product and service improvements.

- Service Providers - We rely on third-party service providers to perform a variety of contractual services on our behalf. To do so, we may need to share your information with them.  For example, we may rely on service providers such as marketing agencies to answer your questions, send e-mails on our behalf, and analyse data to improve our products and services.

- Other Parties When Required by Law or as Necessary to Protect Our Services -There may be instances when we disclose your information to other parties:

- To comply with the law or respond to legal process or a request for cooperation by a government entity.

- To prevent fraud or verify and enforce compliance with the policies governing our Services.

- Where permitted by law, to protect the rights, property, or safety of Sherwin-Williams/Valspar, or any of our respective affiliates, business partners, customers or employees.

- Other Parties With Your Consent At Your Direction - In addition to the disclosures described in this Privacy Policy, we may share information about you with third parties when you consent to or request such sharing.

- Aggregated and Non-Personal Information - We also may share data in a manner that does not identify you (for example, information that has been aggregated with other records) for general business purposes. For example, we may disclose the number of visitors to our websites or other Services.

- Transfers outside the EEA

Where information is transferred outside the EEA or the United Kingdom, and where this is to a country that is not subject to an adequacy decision by the EU Commission, we implement measures in accordance with applicable law, such as standard data protection clauses to ensure that any transferred personal information remains protected and secure. You may obtain further information about these measures by contacting us using the Global Privacy Portal.

What are your data protection rights?

Sherwin-Williams/Valspar wants to make sure that you are fully aware of all of your data protection rights. You therefore have the following rights:

The right to access – You have the right to request from Sherwin-Williams/Valspar, copies of your personal data.

The right to rectification – You have the right to request a correction of any of your personal information which you believe is inaccurate. You also have the right to request Sherwin-Williams/Valspar to complete information which you believe is incomplete.

The right to erasure – You have the right to request that Sherwin-Williams/Valspar erases your personal data, under certain conditions.

The right to restrict processing – You have the right to request that Sherwin-Williams/Valspar restricts the processing of your data, under certain conditions.

The right to object to processing – You have the right to object to Sherwin-Williams/Valspar’s processing of your personal data, under certain conditions.

The right to data portability – You have the right to request that Sherwin-Williams/Valspar transfer the data that we have collected to another organization, or directly to you, under certain conditions.

If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please see details of how to get in touch with us below.

How long will you retain my data?

Where we process personal data relating to Your Content, we take steps to retain personal information about you only for so long as is necessary for the purpose for which it was collected, as required under contract, or as required by or permissible under applicable law.

How do I get in touch with you?

We hope that we can satisfy queries you may have about the way we process your data. If you have any concerns about how we process your data, you can get in touch using the Global Privacy Portal.