Policy for video recordings by Captivr
- Access to the app or video web service/use of the app or video web service/accompanying persons
1.1 The use of the app and the video service is free of charge. The app can be downloaded via the respective app store (see section 5 Usage requirements below) after confirming the validity of these GTC. Alternatively, the web app can be accessed via a link from the Captivr homepage.
1.2 The User undertakes to provide truthful and complete information on his/her person, age and, if applicable, contact details within the scope of using the video service, if and to the extent that the use of the app’s services and video recordings require such input.
1.3 The recording of accompanying persons is permitted if the accompanying person(s) are at least 16 years old. The user is obliged to provide necessary information on accompanying persons if they are to be included in the video recording and to carry out the measures required for the accompanying persons (e.g. scanning the associated QR code). In this case, the user is also obliged to inform the accompanying persons about these GTC and the data protection information and to make these documents available to the accompanying persons.
1.4 The user can uninstall the app from his device at any time. After uninstalling the app, Captivr will continue to store the data required for the performance of the contract, such as the “serial number” assigned by Captivr and stored on the User’s device (see clause 5.1 below). Apart from that, personal data of the user will be deleted as far as they are not required for the agreed use of video recordings or due to existing legal retention periods.
- Functions of the app or the video web service/procedure for video recording and its use/conclusion of the video purchase contract, right of withdrawal
The app or web app assigns a Captivr serial number which is stored on the end device and which is used to carry out the video service. In order to install the app and use the app or web app, it is necessary to enter the age and consent to these GTC, the data protection information and the basic consent to the desired video recordings. To prevent misuse, consent must also be given to the collection of location data.
2.2 Video recording
If a video recording is to be made, the user must call up the app or web app with his or her mobile device before starting the respective upcoming ride and scan the QR code located in the entrance area of the ride, which contains information about the user’s seat. If an accompanying person is also to be filmed, the accompanying person’s QR code must also be scanned. The user will then be prompted via the app or web app on his or her end device to consent to the video recording and, if necessary, to confirm that the accompanying person also consents to the video recording. The video recording will only start if the required confirmations have been entered. Persons for whom no confirmation has been entered will be pixelated for the purpose of anonymisation when the video is created.
If necessary, the instructions of the ride personnel must be followed.
2.3 Provision of the video recording
After the video has been recorded, the video file is made available for download. The user has the option to purchase the video within 2 weeks.
2.4 Purchase of the video recording, conclusion of the video purchase contract and right of revocation
The user can purchase the video file. After completion of the video file, the user receives a notice on his mobile device that the file has been completed and can be purchased within 2 weeks according to the valid price list available in the app. The user can then agree to the purchase of the file in the app or web app by clicking on a checkbox “order with costs”. After clicking on the checkbox, the user is shown the order data, which must be confirmed with a further click.
With the second click, the purchase contract for the video recording with Captivr is concluded. The user receives an order confirmation.
With the second click, the user is redirected to a payment service provider to pay the purchase price. After payment, the user receives a link on his or her terminal device with which he or she can access the video file. It is possible to view and download the video file.
For video recording, viewing and/or downloading the file, the user’s terminal device must have at least the following technical features.
- Operating System iOS Version 13 oder higher
- Betriebssystem Android Version 4.4 W KitKat API Level 20
- QR Code Scan functionality
- Geo Location Sensor
The file is stored by Captivr in an access-protected cloud for a period of one year. A longer storage of a purchased video file is possible against payment of an additional fee by the user. If a video file is not purchased within 2 weeks after notification of the provision of the file, the file will be deleted.
The user has a right of withdrawal in accordance with clause 6 below if he is a consumer. Influencers are not considered consumers in their capacity as (commercial) influencers, which is why the right of withdrawal for consumers does not apply to them.
- Copyright and rights of use
(a) Captivr is exclusively entitled to the copyrights to the app.
(b) Captivr is entitled to the copyrights and ownership of the video files. The operators of the respective rides on which the video recordings are made, as owners/operators of the rides and holders of the domiciliary rights, also have corresponding rights to the video recordings, such as trademark rights, if trademarks of the ride operator are depicted.
(c) Users and accompanying persons have a right to their own image. Therefore, the video recording is only made with their consent, for which the respective user is responsible. By giving their consent, the users and their accompanying persons grant Captivr and the ride operators, if applicable, the right to use the video recording in accordance with the declarations of consent. An advertising use of the videos by Captivr or the ride operators will only take place after and on the basis of the explicit prior consent of the users or accompanying persons.
3.2 Rights of use to the app and the video recordings
(a) By downloading the app, the user acquires a non-exclusive and non-transferable authorisation, limited in time to the duration of the installation, to download, install and use the app on the end device of which he is the owner or which is subject to his control. The right of use also includes any updates (updates, patches, etc.).
(b) The user and, if applicable, the accompanying person acquire a non-exclusive and non-transferable right of use to the content retrieved in the app.
The right of use entitles the user and his or her companion to use the app for private purposes.
of the videos recorded and paid for using the app or web app to his end device. He/she must ensure that the rights of third parties, in particular the accompanying persons, are not violated by his/her use of the video file. The use includes playing, showing, passing on and – with the consent of the persons depicted – also posting the file on social media platforms. Copyright information and brand names of Captivr and the ride operators on the video files may not be removed or changed. The commercial use of the video files is not permitted without the express consent of the rights holders (§ 7.1). However, the use of the videos for posting depicted influencers is permitted. If the user has purchased and downloaded a video file, he/she is the owner of the file saved by him/herself, but the copyrights and rights of use continue to be restricted unchanged in accordance with the above regulations.
(c) The user and the accompanying person may only use the app for their own private purposes.
(d) The User and the Accompanying Person are not authorised to make any modifications to the app, decompile, reverse engineer, disassemble, attempt to derive the source code, decrypt the source code, modify or create derivative works of the app or its contents or reuse it in other software.
(e) The user and the accompanying person are not entitled to any rights that are not expressly granted to the user and the accompanying person above. In particular, the user and the accompanying person are not entitled to use the app, web app and video files beyond the agreed use. In particular, it is not permitted to reproduce the app, sell it or make it available for a limited period of time, especially not to rent or lend it.
3.3 Obligations of the user for safe use
(a) The user and, if applicable, his/her companion shall take the necessary precautions to prevent the use of the app and the video web service by unauthorised persons.
(b) The user and his companion are permitted to forward or pass on the link granting access to the video file stored by Captivr to other persons (recipients). The forwarding of the link or the forwarding of the downloaded video file and its use by recipients are subject to the provisions of these GTC and the related data protection regulations. In case of forwarding or sharing of the video file, the user and the accompanying person are the data controllers (Art. 4 No. 7. EU General Data Protection Regulation) and responsible for compliance with these GTC and related data protection regulations.
(c) The user and his companion are liable to Captivr for the fact that the app or the web app and the video recordings are not used for racist, discriminatory, pornographic, endangering the protection of minors, politically extreme or otherwise illegal purposes or against official regulations or requirements or that corresponding data are created and/or stored.
(d) The user can flag offensive and/or infringing content according to point c). Captivr is entitled to delete such content. Payments already made will not be refunded in this case.
3.4 Violation of the provisions according to §§ 2., 4. and 7Abs. 1 to 3 by the user/accompanying person
(a)If the user or his accompanying person(s) violate the regulations in §§ 2, 4 and 7 para. 1 to 3 for reasons for which they are responsible, Captivr can block the access of the user and his accompanying person to the app and the video web service after prior written notification.
(b) If the user or his accompanying person(s) illegally violates § 7.1 to 3 , Captivr is entitled to delete the data affected thereby and to block the access to the app and the video web service until the facts are clarified. If the infringement is proven, Captivr is entitled to permanently stop the use of the app and the video web service and to delete the access to the respective video files affected and stored by Captivr and the video files themselves.
3.5 Captivr’s rights of use to the data entered by the user
The User grants Captivr the right to process the data entered by the User in the app and in the Web app and the Device ID of the terminal device used by the User to perform the services described in these GTC.
Captivr is not liable for an infringement of the rights of third parties by the user and his accompanying person, if and as far as this infringement results from a transgression of the rights of use granted according to these GTC. In this case, the user and, if applicable, his accompanying person indemnify Captivr and the respective ride operator upon first request from all claims of third parties.