Insulet's User Generated Content - Terms and conditions

Thank you for showing interest in the social media accounts of Insulet [specify entity], [address] and its affiliates ("Insulet", "we", "us"). These terms and conditions ("Terms") apply to Insulet's use of user generated content on social media
 [1] [ED2] 

Terms and conditions content

  1. Consent to our use of your social media content
  2. Content of social media users <18 years old
  3. Rights to your content
  4. Deletion of content
  5. Questions on Insulet's products or services
  6. Governing law and jurisdiction
  7. Disclaimer and limitation of liability
  8. General

 

 

Terms and conditions

1.    CONSENT TO OUR USE OF YOUR SOCIAL MEDIA CONTENT

  • Insulet may invite social media users ("you") to share social media content, such as social handle or account name, information, images, photos, or videos on their use and experience with Insulet's products and services ("content").
  • If you have shared content that is relevant for Insulet, for example content that displays your use of Insulet's products and services, Insulet may contact you and request your consent to use your content and process your personal data displayed on your content. We will ask for your consent for such use in a comment to your post. By replying in a comment with "Yes #[tag]" you agree to the Terms and our use of your content. Your consent should be made without any conditions or additions whatsoever (a Yes#[tag] with any additional text will be interpreted as a “no”), so we can be certain that you agree to our use of your content as set out below. Insulet will only use your content with your consent, and in accordance with these Terms and the social media platform's terms and conditions. You can find the relevant social media platform terms and conditions here:
  • Before contacting you to ask for your consent to our use of your content, we will review your content and social media public profile to assess whether your content is in line with the values that Insulet stands for as a company in order to protect our image and values.
  • Before consenting to our use of your content, we always recommend verifying whether such request origins from one of our official social media accounts. You can verify this by contacting the Omnipod® Customer Care Team [ED3] ].
  • You cannot derive any rights from an invitation to share content and Insulet is solely entitled to determine its content strategy.
  • You can only consent to Insulet's use of your content that displays yourself. No other individual may be visible or included in your content.
  • By consenting to Insulet's use of your content, you certify that you are 18 years or older. If you have not yet reached the age of 18 years, please discuss the sharing of your content with your legal guardian. We refer to section 2 for more information.
  • Insulet will only use your content on the social media platform on which you posted your content.
  • When we use your content on our social media accounts, your content becomes globally and publicly available via Insulet’s social media accounts. Furthermore, we may tag you in our post in which we use your content to give you credits for the content. Such reference to your social media account becomes globally and publicly available via Insulet’s social media account as well.

2.    CONTENT OF SOCIAL MEDIA USERS <18 YEARS OLD – INFORMATION FOR LEGAL GUARDIANS

  • We require social media users who have not yet reached the age of 18 years ("minors") to discuss the sharing of their content with their legal guardian. If their legal guardian agrees to sharing their minor’s content by replying in a comment with "Yes #[tag]", we will send a personal message on the minor’s social media account, requesting the minor’s legal guardian for their email address.
  • We will request the legal guardian’s consent for our use of the minor’s content and process the minor’s personal data displayed on the content via a Participant Release Form that we send to the legal guardian by email. By consenting to our use of the minor’s content, the legal guardian agrees to the Terms on behalf of their minor.
  • The legal guardian can exercise all rights and obligations contained in the Terms on behalf of their minor. These Terms apply with the necessary changes having been made to Insulet’s sharing of content consented to by the minor’s legal guardian. For example, when a legal guardian is governed by these Terms, "you" shall refer to the legal guardian’s minor, "your content" shall refer to the legal guardian’s minor’s content, and "your consent" shall refer to consent provided by the legal guardian.

3.    RIGHTS TO YOUR CONTENT

  • When you post content on social media, such content is governed by the terms and conditions of the respective social media platform, irrespective of whether or not Insulet shares or otherwise uses your content with your consent.
  • You hereby acknowledge, agree and warrant that:
    • you own all rights in and to your content and/or have obtained appropriate rights and permissions for any and all persons and/or entities to grant the rights to Insulet.
    • you are solely responsible for your content;
    • you have the full right and authority to enter in agree to these Terms;
    • your content does not infringe or otherwise violate copyright, trademark, trade, or other intellectual property, privacy, publicity, statutory, contractual or personal rights or other rights of any third party, or any law, rule or regulation; and
    • your content is free from viruses and other malware.
  • By consenting to Insulet's use of your content, you grant Insulet a non-exclusive, worldwide, transferable, royalty-free, fully-paid, sublicensable and perpetual right and license (provided that you do not withdraw your consent) to use your content or derivative work thereof on its social media accounts of the social media platform you posted your content on in accordance with these Terms. Our use of your content shall not deprive you from any rights you, or the social media platform on which you posted the content, hold to the content. In the event that you wish to assign ownership of your content to a third party, you agree to only assign the content on the condition that the third party accepts a licence agreement with us, having the same terms as these Terms.
  • You acknowledge and agree that we may use, display, crop, reproduce, copy, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit, include accompanying text, improve the technical quality and make publicly accessible your content in any manner in our sole discretion, with no obligation to you whatsoever.
  • By consenting to our use of your content, you waive:
    • any right to review the use of the content by Insulet;
    • any right to royalties in relation to our use of the content; and
    • any moral rights you may have in the content to the extent permissible by applicable law.
  • Insulet cannot control and is not responsible or liable for any third-party usage of your content.
  • When using your content, we may moderate comments to our post containing your content in the way we see fit.  
  • You acknowledge and agree that you do not acquire any ownership or other rights in our proprietary information and materials authorising use of your content.

4.    DELETION OF CONTENT

  • We have the right to remove your content from our social media accounts at any time and without any explanation.  
  • If you believe any content, including your content, displayed or used on our social media accounts infringes any person or entity's copyright rights, please notify us. If you are a rights holder and you have found use of the material for which you have not given permission, or are not covered by a limitation or exception in national law, please contact us via the Omnipod® Customer Care Team [ED4] ]. Please include your contact details and a direct link to the material(s) which you believe to infringe upon your intellectual property rights.
  • If you delete your content from your social media account, or if you delete your social media account, such deletion will not result in deletion of the content from Insulet’s social media account. If you would like Insulet to remove your content from its social media account, please contact Insulet on its social media account, as further explained under clause 14.4 of our privacy policy below.

5.    QUESTIONS ON INSULET'S PRODUCTS OR SERVICES

  • If you experience any issues or adverse events with your use of Insulet's products or services that may impact your health, please contact your physician or other health care professional immediately. You can also contact the Omnipod® Customer Care Team via the contact details available here [ED5] ].
  • If you have any questions on Insulet's products or services, you can contact the Omnipod® Customer Care Team via the contact details available here [ED6] ].
  • If you decide to contact us on social media, we recommend sharing as little personal data as possible, as such data may provide information about your health. We recommend that you contact the Omnipod® Customer Care Team via the contact details available here instead.
  • If you contact us on social media, we may ask you for further information about you or to contact the Omnipod® Customer Care Team, for example in order to respond to your questions, queries, comments. We will never ask you for your account details such as your password. 

6.    GOVERNING LAW AND JURISDICTION

  • To the extent not overridden by mandatory consumer laws in your country of residence or domicile, these Terms are governed by the laws of your country of residence.  Any disputes arising out of or relating to these Terms shall be submitted to the jurisdiction of the competent courts in your country of residence.

7.    DISCLAIMER AND LIMITATION OF LIABILITY

  • Insulet shall not be held responsible or liable in any way for any infringement of copyright, trademark, trade, or other intellectual property or other rights of any third caused, and related damages incurred by using your content.
  • You hereby release, discharge and agree to hold the Insulet and any person acting on our behalf, harmless from any liability related in any way to, or arising from the content, your breach (actual or alleged) of these Terms, including any of your warranties, representations or agreements herein, your violation of any laws or your violation of the rights of another person or entity.
  • To the extent permitted by applicable laws, Insulet will not be responsible and liable for any damages, costs, claims or expenses suffered by you or a third party in relation to Insulet's use of your content as set out in these Terms, except in case of wilful misconduct or gross negligence by Insulet in relation to our use of your content.
     

8.    GENERAL

  • These Terms are personal to you and may not be assigned or transferred by you for any reason whatsoever without our prior written consent and any action or conduct in violation of the foregoing shall be void and without effect.
  • You agree that if we do not exercise or enforce any legal right or remedy which is contained in these Terms (or of which we have the benefit under any applicable law), this shall not be taken to be a formal waiver of our rights and that those rights or remedies shall remain available to us.
  • If any part of these Terms becomes invalid, illegal or unenforceable in any respect under any law or for any other reason whatsoever, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired.
  • We reserve the right to change these Terms without advance notice by posting revised Terms. Accordingly, you should review the Terms each time you grant us consent for using your content as set out in these Terms.

Version: 31 October 2022