Terms of use

1. Users of the Evonik Platform

Persons who use the Evonik Platform are hereinafter referred to as “Users”. Users acting in the course of their duties under an employment contract and on behalf of their employer render their employer entitled and obligated under these Terms of Use.

2. Contents of the Evonik Platform

The Evonik Platform provides digital access to content protected by copyright such as images and videos (hereinafter “Assets”). Evonik reserves the right to delete and/or change the Assets contained in the database at any time. In such cases, the User may no longer use the deleted Assets. Before using an Asset, the User must therefore ensure that the corresponding Asset is still available on the Evonik Platform.

3. Scope of the right of use granted

Subject to the following restrictions on use, Evonik grants the User, free of charge, a single, non-transferable right of use to the Assets; Evonik may withdraw this right at any time. User may not grant sub-licenses to any such right of use. The User is not granted any further rights to the Assets, in particular, no rights of ownership, copyright, or other rights to use the work.

4. Specimen copy / access via links

Every time an Asset is used, a free specimen copy shall be sent to Evonik free of charge, without further request, at the following address:

Evonik Industries AG

External Communications

Rellinghauser Strasse 1-11

45128 Essen

Germany

In the case of online publication, a precise link must be sent to presse@evonik.com.

5. Details of source

When using Assets, the source must always be cited as follows: “Evonik Industries AG / Name of copyright holder (e.g., the photographer)”. This also applies to use in electronic publications such as websites.

6. Restrictions on use

The Assets may only be used for the following editorial purposes:

• press publications
• publication in printed media
• publication via film and television and
• online and multi-media publications

in each case in connection with a report on Evonik or a company affiliated to Evonik.

In the case of online publication, links to the Evonik Platform are prohibited.

The Assets may not be used in a context that alters the meaning or disparages Evonik. Moreover, the Assets may not be used in connection with criminal, tortious, or other illegal activities. Furthermore, Assets depicting people may not be used in a manner that alters their meaning or disparages the people depicted.

Use of the Assets for commercial purposes, especially advertising purposes, is not permitted.

7. Processing of Assets

All processing or reworking of the Assets that goes beyond minor corrections of shade, and enlargement/reduction of sections is only permitted with Evonik's prior written consent. Distortion of the Assets, in particular by rephotographing, graphic manipulation, photocomposing, or electronic aids, is not permitted. Videos may only be shortened slightly, provided this does not alter their meaning.

8. Storage of Assets

The User must delete the Assets immediately after use. Electronic storage for personal archiving purposes is not permitted.

9. Liability

Since Evonik makes the Assets available free of charge, Evonik shall only be liable in cases of willful intent and gross negligence.

10. Indemnification

The User indemnifies Evonik from all third-party claims asserted by a third party against Evonik as a result of infringement by the User of these Terms of Use.

11. Description, scope, and legal basis for data processing

The Evonik Platform is a cloud-based digital asset management system hosted by Amazon Web Services (AWS).

The AWS GDPR Data Processing Addendum, an agreement on data processing pursuant to Article 28 GDPR, is now a firm element of the Terms of Use of AWS. https://aws.amazon.com/de/blogs/security/aws-gdpr-data-processing-addendum/.

Full details of data protection and data security at AWS can be found here: https://aws.amazon.com/de/compliance/gdpr-center/.

The Evonik Platform is hosted in the AWS Bucket in Dublin.

Here, the system only calls up the technical data required to download the images. The system does not collect any personal data; there is no logon by name.

The legal basis for temporary storage of the data and the log files is Article 6 (1) lit. f GDPR.

12. Miscellaneous

Evonik may alter these Terms of Use at any time. The User will be informed hereof before logging onto the Evonik Platform and will have an opportunity to read and accept the Terms of Use.

If individual provisions of these Terms of Use should be or become fully or partially void, this shall not affect the validity of the remaining provisions.

If User is a merchant, the exclusive place of jurisdiction shall be Essen (Germany). However, Evonik is also entitled to institute legal proceedings at User's place of jurisdiction (allgemeiner Gerichtsstand).

These Terms of Use shall be governed by the substantive laws of the Federal Republic of Germany, to the exclusion of the conflict-of-laws provisions of international private law.