Website Privacy Policy

Last update: November 11th, 2020.

This privacy notice on the www.artelot.app website is provided pursuant to article no. 13 of EU Reg. 2016/679 (hereinafter referred to as “GDPR“).

1. Data controller

Data controller is Artelot Media S.r.l. (company registration number: 11372810967) with registered office in Milano, via Libero Temolo, 4 (hereinafter referred to as the “Controller” or the “Data controller“).

2. Purposes and legal basis of data processing

Personal data (hereinafter referred to as “Data“) provided by the interested party (hereinafter referred to as the “User” and, jointly, as “Users”) while browsing the website, will be processed for the provision of services based on web interface, such as the browsing of web pages of informative nature (hereinafter referred to as the “Service“), in anonymous and aggregate form, for statistical purposes and to monitor the proper functioning of the site.

Data voluntarily provided by the User (such as, but not limited to, by sending emails), unless otherwise specified, will be processed for the sole purpose of addressing the request of the User.

3. Categories of Data 

3.1 Internet navigation Data

This category of data includes IP addresses and/or domains used by Users who connect to the website, addresses of the requested resources, time of the request, method used in submitting the request to the server, file size obtained in response, numerical code indicating the status of the response given by the server (success, error, etc.) and other parameters related to the operating system and user’s computer environment.

3.2 Data voluntarily provided by the User

The optional, explicit and voluntary provision of Data (such as, but not limited to, by sending emails to the Controller) entails the subsequent acquisition of the sender’s address, as well as any other data included by User.

4. Recipients of Data

Data may be processed by authorized Artelot Media S.r.l. staff, duly internally appointed.

In addition, it might be processed, on behalf of the Data controller, by third parties duly appointed as data processors.

Under no circumstances, will personal data be disclosed.

5. International transfer of Data

Data are managed and stored on servers located within and outside the European Union, owned and/or available to the Controller and/or third parties, duly appointed as data processors.

6. Data storage period

Data are stored for the time necessary to the execution of the Service.

Data collected through cookies are stored for the period of time established by the individual cookie. For further information, please refer to the website cookie policy.

7. Providing data 

Users provide Data on a voluntary basis (either by browsing the website or by sending requests through the email address there published): the refusal to provide Data, however, excludes the user from the service required.

8. Data processing methods

For each of the aforementioned purposes, data processing is carried out using paper-based, automated or electronic methods such as, but not limited to, mail or email, telephone (e.g. unsolicited calls, sms, mms), fax and any other it channel (e.g. websites, mobile, app) suitable to guarantee security and confidentiality according to the so-called data protection by default.

9. Rights of the interested party

Pursuant to articles no. 15 to 22 GDPR, and subject to the conditions specified therein, the User holds the following rights:

1.         Right of access, i.e. the right to obtain confirmation that Data are (not) being processed and, where that is the case, obtain access to it;

2. Right to rectification and cancellation, i.e. the right to obtain from the Controller the rectification of inaccurate Data and/or the completion of incomplete Data or the erasure of Data;

3.     Right to restriction of data processing, i.e. the right to request suspension of Data processing;

4. Right to data portability, i.e. the right to receive Data in a structured, commonly used and machine-readable format, as well as the right to transmit Data to another data controller;

5. Right to object, i.e. the right to object to processing of Data, including the processing of Data for marketing and profiling purposes (if applicable);

6. Right to contact the national competent data protection Authority in case of unlawful processing of Data.

Users can exercise their rights by sending an email to the following e-amail address: info@artelot.app

 

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The Data controller will take care to keep this privacy notice updated.

 

Terms and Conditions

Last update: November 25th, 2020.

1. Definition of the service 

1.1. Artelot (hereafter “Artelot App” or “Artelot” or “App”) is a mobile application designed to provide the user (hereafter, individually, “User” and, collectively, “Users”) location-based storytelling and augmented reality experiences mostly through the use of a smartphone or other mobile technology devices.

1.2. Artelot provides Users with stories based on their physical geographical location found through Global Positioning System (GPS) or other geolocalization technology.

1.3. Based on his real-world location, the User can read and experience stories that are provided in the form of text and visual elements projected on the screen in different formats and representations with and without the use of augmented reality technology. Furthermore, Artelot may provide Users with stories to be read in continuation and form an overall plot, storyline, and narrative (hereafter, individually, “Content” and, collectively, “Contents”).

1.4. Artelot is not, by any means, a fitness app, a navigation app, a health app, or an app that provides information or advice on how to move around locations and cities in a safe, efficient or healthy way.

2. General terms

2.1. The present contract is between Artelot Media S.r.l. and the User.

2.2. The present terms and conditions (hereafter “Terms and Conditions”) govern in principle all the legal relationships relating to any use and interaction with Artelot and any other service which is provided in connection to Artelot (hereafter, individually, “Service” and, collectively, “Services”) – such as, but not limited to – the Artelot website (www.artelot.app; hereafter “Artelot Website” or “Website”).

2.3. By agreeing in using Artelot and the Services, the User agrees with and is bound by the present Terms and Conditions. If the User does not agree with the Terms and Conditions, he or she should not use Artelot or the Services.

2.4. In cases of discrepancy between the Terms and Conditions respectively published on the Website and in the App, the Terms and Conditions published on the Website will prevail.

2.5. Some additional terms and conditions of use (hereafter “Additional Terms”) might apply to special offers, activities, payment options or price offers, new or temporary services, software, or products.

Artelot will always notify the User of these Additional Terms, either by publishing them on the Website and/or in the App or by providing them to the User with the occasion of his or her subscription and/or first use of the offer, service, software, activity or product the Additional Terms refer and apply to.

Unless otherwise explicitly stated, in case of conflict, Terms and Conditions will prevail over Additional Terms.

2.6. In case that any of the provisions of the Terms and Conditions is found to be invalid, illegal, or not applicable, this will not affect the legal validity and/or applicability of the remaining provisions of the Terms and Conditions, which will (singularly and as a whole) remain fully valid and binding.

2.7. Terms and Conditions may change over time without the need for prior notice. The updated Terms and Conditions will be published on the Artelot website and/or in the App. Notice of the publication will be given to the User through the App or the Website (and/or through email, when provided by the User).

Unless otherwise provided, the updated Terms and Conditions will apply to any interaction between the User and the App (and/or the Services) that will occur after they are published on the Artelot website and/or in the App.

By continuing to use the App and/or the Services after the release of updated Terms and Conditions, the User agrees with and is bound by the latest published version of the Terms and Condition.

3. Use of Services and respective licenses

3.1. To be used, the App and the Website require a device that is compatible with their technical requirements.

The quality of the Contents and Services and the user-experience might vary based on the device and the internet connection (or other third parties’ services).

The User is therefore responsible for equipping himself or herself with an appropriate device and internet connection.

Artelot has no responsibility for failures, or malfunctions, or adverse effects on the user-experience quality caused by the User’s device, internet connection, operating system, and/or other third parties’ services.

3.2. The App can be used only by Users who, according to the applicable law, reached the age of consent.  Underage Users can use the App only with parental consent and under proper active supervision.

3.3. To the extent permitted under the applicable law, Artelot declines any responsibility for any use or activity conducted by unauthorized Users.

3.4. The User can create a personal account either by directly registering a personal email and creating a new password through the App, or by using services of third-parties such as Facebook, Google, and Apple.

Artelot includes access to third-party solutions for the User’s only convenience, and it is not responsible for their content, safety, quality, proper function, or any other reason. Moreover, Artelot is not responsible for the services provided and/or for the data collected by these third parties during the account’s creation.

More generally, to the extent permitted under the applicable law, Artelot is not responsible for the third-party’s services accessible through App or the Services.

3.5. Subject to his or her compliance with these Terms and Conditions, with Additional Terms and any further applicable law, Artelot grants the User a limited, non-exclusive, non-sublicensable, non-transferable license to download and install a copy of the App on his or her mobile device.

The User is allowed to run such copy of the App solely for personal and non-commercial purposes.

3.6. Unless expressly permitted in these Terms and Conditions and/or in Additional Terms, the User may not: (a) copy, modify, or create derivative works based on the App; (b) distribute, transfer, sublicense, lease, lend, or rent the Apps to any third party; (c) reverse engineer, decompile, or disassemble the App; (d) make the functionality of the App available to multiple users through any means; (e) try to access areas of the App and services that are not meant to be public; (f) interfere in any way with the computer, hardware, and software systems of the App or any of the Services offered by Artelot.

3.7. Subject to his or her compliance with these Terms and Conditions, with Additional Terms and/or with any further applicable law, Artelot grants to the User a personal, non-commercial, non-exclusive, non-sublicensable, non-transferable, revocable, limited license to download, view, display, and use the Contents. The above license is granted to the User for personal use only and includes both Contents and User Contents (as defined in Article no. 3.8).

3.8. User Content, unless otherwise stated, includes: (a) the browsing history of the stories that the User visualized through the App, published in the section “my stories collection”; (b) any other form of User participation through any of the Contents and Services of Artelot.

Unless otherwise stated, the User Content is owned by the User.

The User grants to Artelot a nonexclusive, transferable, sublicensable, worldwide, royalty-free, perpetual license (or, if not permitted under applicable law, a license for the whole duration, including for any extension thereof, of all relevant rights under any applicable law), to use, copy, modify, create derivative works based upon, publicly display, publicly perform, market, promote, distribute or treat in any way it deems appropriate the User Content in connection with operating and providing the Services and Content to the User and to others.

3.9. All rights in and to the App and/or the Contents and the Services not expressly granted to the User under these Terms and Conditions or Additional Terms are reserved to Artelot Media S.r.l. and/or its licensees.

By using Artelot and/or the Website, the User acknowledges that the Services and Content are protected by copyright, trademark, and other laws of the European Union, the United States, and any other countries whose law might be applicable. Furthermore, the User agrees not to remove, alter, or obscure any copyright, trademark, sing, logo, service mark, or other proprietary rights notices incorporated in or accompanying the Services and/or the Contents.

3.10. Artelot exercises the maximum diligence in complying with copyright law, all applicable personality laws, and respecting the rights of its licensees and licensors (as well as any other intellectual property and/or personality right that might apply, depending on the applicable law and jurisdiction).

Users are required to report any suspected infringement of copyright laws and/or of any other personality right and/or of any other right or law.

Any other third-party is also requested to report any suspected violation of such rights.

Artelot is committed to dedicate appropriate resources to examine the alleged infringement and provide the User (and/or any third-party), as quickly as possible, with an informed response.

3.11. Separate agreements govern the relations of Artelot with its licensees and licensors (other than the User). No provision of this contract might overpower or modify in any way possible the arrangements on these agreements.

4. Rights and obligations of Artelot 

4.1. Artelot has the right to change, renew, and/or update the software at its absolute discretion. The software might always vary depending on the User’s device and its operating system, and it might involve software and services offered by third-parties.

4.2. The choice of Contents and Services depends only on Artelot and is made based on aesthetic and artistic considerations, protected by the right of free speech and by copyright laws and applied at Artelot’s absolute discretion. Contents and Services might differ from country to country, time to time, and location to location. Artelot does not guarantee any consistent quality, content, theme, story, topic, or content over the range of its locations.

4.3. Subject to the applicable law, Artelot does not guarantee that the App, Website, Contents, and/or Services will be uninterrupted or of a certain kind, quality, or consistency.

4.4. Without prejudice of the provisions of Article no. 4.3., Artelot is not responsible for any damage, malfunctions, delays, or non-performance derived by any cause beyond its respective control and responsibility (force majeure).

4.5. Artelot reserves the right to remove or disable access to any Content and/or to the User’s story collection and/or to any element of the App and the Website (including the Website and the App as a whole) at its absolute discretion, at any time and without prior notice.

4.6. Artelot might, for some periods, offer a free trial of the App (hereafter “Free trial”). The Free trial might involve, among others, free access to a certain amount of Contents and/or to some parts of the App and/or to other Services. Unless otherwise agreed based on special programs, regulated by Additional Terms, Artelot maintains the right to change or cancel the Free trial at any moment, at its complete discretion and without prior notice.

4.7. In case of violation (or suspected violation) of the Terms and Conditions and/or of any Additional Terms and/or of any applicable law, Artelot has the right to take any appropriate measure of enforcement (including, but not limited to, removing User Contents and/or suspending or terminating any account involved in the violation) without prior notice.

4.8. Upon termination of the account, the following provisions of these Terms and Conditions will survive: (a) General terms; (b) Use of Services, Contents, and respective licenses; (c) Rights and Obligations of the User; (d) Limitation of liability; (e) Dispute Resolution, and this sentence on termination.

4.9. Artelot does not accept the submission of materials, stories, ideas, audiovisual content, or any other content that has not been explicitly requested through written communication by Artelot. Therefore, Artelot is not responsible for any similarity between its own (or its licensees and licensors’) Contents, Services, ideas, and stories and any eventual content, idea, and/or story provided to Artelot without its written and explicit request.

5. Rights and Obligations of the User 

5.1. During the account creation, the User is required to provide accurate information about himself. The User also is required to provide accurate information regarding his email, contact details, payment method, and any other information requested to use the App and/or the Services.

5.2. The User agrees that he or she will not disclose his password to any third party and will immediately notify Artelot in case of unauthorized use of his or her account.

5.3. The User is responsible for staying safe and not to expose him or herself, or any other third party, to risks during the use of the App and/or the Services.

By agreeing to these Terms and Conditions, the User recognizes and agrees that he operates and moves solely at his own risk while using the App and that Artelot has no responsibility and will not be involved in disputes that might arise between the User and third-parties or between third-parties in relation to the use of the Contents and Services.

5.4. The User agrees that he will visit locations solely at his or her responsibility, and therefore Artelot is not responsible for any real-world danger that the User might encounter during the use of the App or the Services.  Furthermore, the User is responsible for not violating any applicable law or regulation and for not infringing any third-party’s rights during the use of the App and the Services.

5.5. The User is allowed to take photos using the related feature of the App and to share them (including the visual content of the stories as projected through the Augmented Reality feature) with third parties, in social media and elsewhere, for personal and non-commercial purposes only. Any other use of the photos is forbidden unless authorized in writing by Artelot.

Without prejudice of the previous provision, even when incorporated in a photo taken through the Augmented Reality feature of the App, the copyright on the visual content is of exclusive ownership of Artelot, its licensees, or its licensors.

5.6. By accepting these Terms and Conditions, the User agrees: (a) not to make fraudulent or non-appropriate use of the App or Services and not to take any actions that could damage or interrupt the App and the services or that could compromise the nature, quality, experience, regular operation, overall or technical integrity, design, structure, purpose, features or safety of the App and Services in any way possible (such as, but not limited to, sharing accounts with other Users, or use technologies to alter, or falsify a device location: so-called “GPS spoofing”); (b) not sell or trade his account, and/or not provide access or publish or share or communicate the stories that he has found, read, and visualized and can be found at his account’s section ‘my stories collection’; (c) not to use the App and/or Services in any way that might imply or involve or facilitate criminal activity.

5.7. The User can submit feedback, comments, and suggestions for changes or improvements regarding the App, Website, or any other Content or Service provided by Artelot by delivering his or her feedback to the contact details available on the Website. Feedbacks will be considered, for this purpose, a form of User Content.

5.8. The User cannot transfer the rights and obligations regulated by these Terms and Conditions and/or by any Additional Terms without Artelot’s written and explicit consent.

6. Limitation of liability

6.1. Artelot does not warrant that the Services, Content, products (including the App itself), or electronic communications sent from Artelot are free of viruses or other harmful components. To the full extent permissible by law, Artelot will not be liable for any damages of any kind arising from the use of any Service, Content, product (including the App itself) or other services included on or otherwise made available to the User through the App and/or the Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

7. Beta programs and A/B testing

7.1. The User might be invited by Artelot to test some specific products, services, App functionalities, software, and/or Contents before their official release (hereafter “Beta testing”).

7.2. The Beta testing participation happens on a voluntary basis only and does not further imply any partnership, employment, and/or agency relationship between Artelot and the User. For the purpose of the Beta testing, Artelot grants to the User a personal, temporary, revocable, non-commercial, non-transferable limited license to use the service or functionality for the sole purpose of providing comments and feedback.

7.3. Artelot does not provide any guarantee for using the Contents, Services, and projects under Beta testing. For this purpose, access to Beta testing functionalities is reserved for Users who, according to the applicable law, reached the age of consent.

7.4. By agreeing to these Terms and Conditions, the User recognizes: (a) that the service or functionality tested during the Beta-testing process is always under strict confidentiality, as it is considered a trade secret of Artelot; (b) that the service or functionality under development and testing are of exclusive property of Artelot, and the User does not have any claim of any kind concerning them, regardless of the feedback and comments that he or she might provide during or after the Beta testing period; (c) that the services and functionalities tested during Beta testing are incomplete products and might contain bugs, fail, or cause unexpected problems so that the use of these products happens at the User’s own risk.

7.5. The User agrees not to violate any other provision of the present Terms and Conditions, such as (but not limited to) the provisions against fraudulent and inappropriate use while taking part in the Beta testing.

8. Privacy

8.1. To provide the Contents, Artelot needs to gather the User’s personal data, including the User’s location and the User’s read, view, and browsing history.

8.2. Artelot has a strong commitment to Users’ privacy and processes the Users’ data only when there is a legal basis to do so and to the extent permitted under the applicable law.

8.3. For a complete description of the categories of personal data collected, of the purposes and legal basis of data processing activities performed by Artelot, and of the rights of the interested party, Users can always refer to Artelot’s Privacy Policy published on the Website or the App.

9. Prices and payment methods

9.1 Artelot uses third-party services to process online payments for purchasing the premium access to the App (hereafter “Premium offer”).

9.2 Artelot has the right to change at any moment the price and the conditions of the Premium offer, the methods of payment accepted, and/or of any other option and service offered for purchasing.

9.3. Artelot will always inform the User through the Website or App regarding any possible changes.

9.4. The User who has already purchased a specific offer will have the right to enjoy that offer until its expiration.

9.5. Further information regarding the price and conditions of the Premium offer, at each specific time, can be found on the Website and in the App.

10. Dispute resolution

10.1. The User agrees and recognizes that he or she will try to engage and solve with negotiations and in good faith any dispute or claim that he or she might have against Artelot. For this purpose, Artelot pays notice to the Online Dispute Resolution (ODR) mechanism that has been put in place by the European Commission, which the User might use after or along with the negotiations to settle any possible dispute.

10.2. To the extent permitted under the applicable law, any claim related to the use of the App or the Website will be subject to Italian law and to the exclusive jurisdiction of the Courts of the district of Milan.

 

Privacy Notice (Artelot App)

– Last update: November 25th, 2020.

This information notice is provided pursuant to Article 13 of the EU Reg. 2016/679 (hereinafter referred to as “General Data Protection Regulation” or “GDPR“).

 

  1. DATA CONTROLLER

Data Controller is Artelot Media S.r.l. (company registration number: 11372810967) (hereinafter referred to as “Artelot”) with registered office in Milano, via Libero Temolo, 4 (hereinafter referred to as the “Controller” or the “Data Controller“).

 

  1. PURPOSES OF DATA PROCESSING AND LEGAL BASIS

Personal data (hereinafter referred to as “Data“) provided by the interested party (hereinafter referred to as “User” and, jointly, as “Users”) are processed for the following purposes:

 

  1. execution of the requested service: i.e. providing access to location-based storytelling and augmented reality experiences (hereinafter referred to as “Service“), made available through the Artelot Application (hereinafter referred to as “App”) mostly through the use of a mobile device. Please note that the execution of the Service requires the use of geolocalization;

 

  1. for the purposes of sending commercial and/or promotional communications related to the Service and to perform market research (hereinafter referred to as “Direct Marketing“).

 

  1. CATEGORIES OF DATA PROCESSED

 

  1. Navigation data

This category of data includes IP addresses or domains of devices used by Users who connect to the App, time of the request, method used in submitting the request to the server, file size obtained in response, numerical code indicating the status of the response given by the server (success, error, etc.) and other parameters related to the operating system and user’s computer environment.

 

  1. Data related to the use of the App

This category of Data includes the places visited by the User and the browsing history of the contents (stories and/or artworks) already accessed by the User. Moreover, for Users who choose to create a personal account to access the App without using, for this purpose, their personal Apple ID, it includes the email address of the User and any other data collected in the execution of the Service.

3.3. Data voluntarily provided by the User

The optional, explicit and voluntary provision of Data (such as, but not limited to, by sending emails to the Controller) entails the subsequent acquisition of the sender’s address, as well as any other data included by User.

 

  1. DATA RECIPIENTS

Data may be processed by authorized Artelot staff, duly internally appointed.

In addition, it might be processed on behalf of Artelot by third parties duly appointed as data processors.

Under no circumstances, Data will be disclosed.

 

  1. INTERNATIONAL TRANSFER OF DATA

Data are managed and stored on servers located within and outside the European Union owned and/or available to the Controller and/or third parties, duly appointed as data processors.

 

  1. DATA STORAGE PERIOD

Data collected through the App are stored for the time necessary to give the best execution to the Service and/or to give feedback to their requests.

Under no circumstances, the storage period will exceed [2] years.

7. LEGAL BASIS FOR DATA PROCESSING ACTIVITIES  

As to the purpose listed under paragraph 2 (a) of the present notice, Data are provided by the User on a voluntary basis. For this purpose, the consent of the User is expressed by creating a personal account to access the App. The refusal to provide Data, however, excludes the User from the use of the Service.

Direct Marketing is carried out, in compliance with e-privacy laws and other legal and industry standards, for a legitimate interest.

8. DATA PROCESSING METHODS and AUTOMATED DECISION-MAKING PROCESS

For each of purposes listed under paragraph 2 of the present notice, data processing activities are carried out using paper-based, automated or electronic methods such as, but not limited to, mail or email, telephone (e.g. unsolicited calls, SMS, MMS), fax and any other IT channel (e.g. websites, mobile, app) suitable to guarantee security and confidentiality according to the so-called “data protection by default”.

9. SUBJECTIVE LIMITATIONS

Only subjects aged over 16 years may subscribe to the App.

10. RIGHTS OF THE USER

Pursuant to articles no. 15 to 22 GDPR, and subject to the conditions specified therein, the User holds the following rights:

1.        Right of access, i.e. the right to obtain confirmation that Data are (not) being processed and, where that is the case, obtain access to it;

2. Right to rectification and cancellation, i.e. the right to obtain from the Controller the rectification of inaccurate Data and/or the completion of incomplete Data or the erasure of Data;

3.        Right to restriction of data processing, i.e. the right to request suspension of Data processing;

4. Right to data portability, i.e. the right to receive Data in a structured, commonly used and machine-readable format, as well as the right to transmit Data to another data controller;

5. Right to object, i.e. the right to object to processing of Data, including the processing of Data for marketing and profiling purposes (if applicable);

6. Right to contact the national competent data protection Authority in case of unlawful processing of Data.

Users can exercise their rights by sending an email to the following e-mail address: info@artelot.app

 

*

The Data controller will take care to keep this privacy notice updated.

 

Website Privacy Policy

Last update: November 11th, 2020.

This privacy notice on the www.artelot.app website is provided pursuant to article no. 13 of EU Reg. 2016/679 (hereinafter referred to as “GDPR“).

1. Data controller

Data controller is Artelot Media S.r.l. (company registration number: 11372810967) with registered office in Milano, via Libero Temolo, 4 (hereinafter referred to as the “Controller” or the “Data controller“).

2. Purposes and legal basis of data processing

Personal data (hereinafter referred to as “Data“) provided by the interested party (hereinafter referred to as the “User” and, jointly, as “Users”) while browsing the website, will be processed for the provision of services based on web interface, such as the browsing of web pages of informative nature (hereinafter referred to as the “Service“), in anonymous and aggregate form, for statistical purposes and to monitor the proper functioning of the site.

Data voluntarily provided by the User (such as, but not limited to, by sending emails), unless otherwise specified, will be processed for the sole purpose of addressing the request of the User.

3. Categories of Data 

3.1 Internet navigation Data

This category of data includes IP addresses and/or domains used by Users who connect to the website, addresses of the requested resources, time of the request, method used in submitting the request to the server, file size obtained in response, numerical code indicating the status of the response given by the server (success, error, etc.) and other parameters related to the operating system and user’s computer environment.

3.2 Data voluntarily provided by the User

The optional, explicit and voluntary provision of Data (such as, but not limited to, by sending emails to the Controller) entails the subsequent acquisition of the sender’s address, as well as any other data included by User.

4. Recipients of Data

Data may be processed by authorized Artelot Media S.r.l. staff, duly internally appointed.

In addition, it might be processed, on behalf of the Data controller, by third parties duly appointed as data processors.

Under no circumstances, will personal data be disclosed.

5. International transfer of Data

Data are managed and stored on servers located within and outside the European Union, owned and/or available to the Controller and/or third parties, duly appointed as data processors.

6. Data storage period

Data are stored for the time necessary to the execution of the Service.

Data collected through cookies are stored for the period of time established by the individual cookie. For further information, please refer to the website cookie policy.

7. Providing data 

Users provide Data on a voluntary basis (either by browsing the website or by sending requests through the email address there published): the refusal to provide Data, however, excludes the user from the service required.

8. Data processing methods

For each of the aforementioned purposes, data processing is carried out using paper-based, automated or electronic methods such as, but not limited to, mail or email, telephone (e.g. unsolicited calls, sms, mms), fax and any other it channel (e.g. websites, mobile, app) suitable to guarantee security and confidentiality according to the so-called data protection by default.

9. Rights of the interested party

Pursuant to articles no. 15 to 22 GDPR, and subject to the conditions specified therein, the User holds the following rights:

1.         Right of access, i.e. the right to obtain confirmation that Data are (not) being processed and, where that is the case, obtain access to it;

2. Right to rectification and cancellation, i.e. the right to obtain from the Controller the rectification of inaccurate Data and/or the completion of incomplete Data or the erasure of Data;

3.     Right to restriction of data processing, i.e. the right to request suspension of Data processing;

4. Right to data portability, i.e. the right to receive Data in a structured, commonly used and machine-readable format, as well as the right to transmit Data to another data controller;

5. Right to object, i.e. the right to object to processing of Data, including the processing of Data for marketing and profiling purposes (if applicable);

6. Right to contact the national competent data protection Authority in case of unlawful processing of Data.

Users can exercise their rights by sending an email to the following e-amail address: info@artelot.app

 

*

The Data controller will take care to keep this privacy notice updated.

 

Terms and Conditions

Last update: November 25th, 2020.

1. Definition of the service 

1.1. Artelot (hereafter “Artelot App” or “Artelot” or “App”) is a mobile application designed to provide the user (hereafter, individually, “User” and, collectively, “Users”) location-based storytelling and augmented reality experiences mostly through the use of a smartphone or other mobile technology devices.

1.2. Artelot provides Users with stories based on their physical geographical location found through Global Positioning System (GPS) or other geolocalization technology.

1.3. Based on his real-world location, the User can read and experience stories that are provided in the form of text and visual elements projected on the screen in different formats and representations with and without the use of augmented reality technology. Furthermore, Artelot may provide Users with stories to be read in continuation and form an overall plot, storyline, and narrative (hereafter, individually, “Content” and, collectively, “Contents”).

1.4. Artelot is not, by any means, a fitness app, a navigation app, a health app, or an app that provides information or advice on how to move around locations and cities in a safe, efficient or healthy way.

2. General terms

2.1. The present contract is between Artelot Media S.r.l. and the User.

2.2. The present terms and conditions (hereafter “Terms and Conditions”) govern in principle all the legal relationships relating to any use and interaction with Artelot and any other service which is provided in connection to Artelot (hereafter, individually, “Service” and, collectively, “Services”) – such as, but not limited to – the Artelot website (www.artelot.app; hereafter “Artelot Website” or “Website”).

2.3. By agreeing in using Artelot and the Services, the User agrees with and is bound by the present Terms and Conditions. If the User does not agree with the Terms and Conditions, he or she should not use Artelot or the Services.

2.4. In cases of discrepancy between the Terms and Conditions respectively published on the Website and in the App, the Terms and Conditions published on the Website will prevail.

2.5. Some additional terms and conditions of use (hereafter “Additional Terms”) might apply to special offers, activities, payment options or price offers, new or temporary services, software, or products.

Artelot will always notify the User of these Additional Terms, either by publishing them on the Website and/or in the App or by providing them to the User with the occasion of his or her subscription and/or first use of the offer, service, software, activity or product the Additional Terms refer and apply to.

Unless otherwise explicitly stated, in case of conflict, Terms and Conditions will prevail over Additional Terms.

2.6. In case that any of the provisions of the Terms and Conditions is found to be invalid, illegal, or not applicable, this will not affect the legal validity and/or applicability of the remaining provisions of the Terms and Conditions, which will (singularly and as a whole) remain fully valid and binding.

2.7. Terms and Conditions may change over time without the need for prior notice. The updated Terms and Conditions will be published on the Artelot website and/or in the App. Notice of the publication will be given to the User through the App or the Website (and/or through email, when provided by the User).

Unless otherwise provided, the updated Terms and Conditions will apply to any interaction between the User and the App (and/or the Services) that will occur after they are published on the Artelot website and/or in the App.

By continuing to use the App and/or the Services after the release of updated Terms and Conditions, the User agrees with and is bound by the latest published version of the Terms and Condition.

3. Use of Services and respective licenses

3.1. To be used, the App and the Website require a device that is compatible with their technical requirements.

The quality of the Contents and Services and the user-experience might vary based on the device and the internet connection (or other third parties’ services).

The User is therefore responsible for equipping himself or herself with an appropriate device and internet connection.

Artelot has no responsibility for failures, or malfunctions, or adverse effects on the user-experience quality caused by the User’s device, internet connection, operating system, and/or other third parties’ services.

3.2. The App can be used only by Users who, according to the applicable law, reached the age of consent.  Underage Users can use the App only with parental consent and under proper active supervision.

3.3. To the extent permitted under the applicable law, Artelot declines any responsibility for any use or activity conducted by unauthorized Users.

3.4. The User can create a personal account either by directly registering a personal email and creating a new password through the App, or by using services of third-parties such as Facebook, Google, and Apple.

Artelot includes access to third-party solutions for the User’s only convenience, and it is not responsible for their content, safety, quality, proper function, or any other reason. Moreover, Artelot is not responsible for the services provided and/or for the data collected by these third parties during the account’s creation.

More generally, to the extent permitted under the applicable law, Artelot is not responsible for the third-party’s services accessible through App or the Services.

3.5. Subject to his or her compliance with these Terms and Conditions, with Additional Terms and any further applicable law, Artelot grants the User a limited, non-exclusive, non-sublicensable, non-transferable license to download and install a copy of the App on his or her mobile device.

The User is allowed to run such copy of the App solely for personal and non-commercial purposes.

3.6. Unless expressly permitted in these Terms and Conditions and/or in Additional Terms, the User may not: (a) copy, modify, or create derivative works based on the App; (b) distribute, transfer, sublicense, lease, lend, or rent the Apps to any third party; (c) reverse engineer, decompile, or disassemble the App; (d) make the functionality of the App available to multiple users through any means; (e) try to access areas of the App and services that are not meant to be public; (f) interfere in any way with the computer, hardware, and software systems of the App or any of the Services offered by Artelot.

3.7. Subject to his or her compliance with these Terms and Conditions, with Additional Terms and/or with any further applicable law, Artelot grants to the User a personal, non-commercial, non-exclusive, non-sublicensable, non-transferable, revocable, limited license to download, view, display, and use the Contents. The above license is granted to the User for personal use only and includes both Contents and User Contents (as defined in Article no. 3.8).

3.8. User Content, unless otherwise stated, includes: (a) the browsing history of the stories that the User visualized through the App, published in the section “my stories collection”; (b) any other form of User participation through any of the Contents and Services of Artelot.

Unless otherwise stated, the User Content is owned by the User.

The User grants to Artelot a nonexclusive, transferable, sublicensable, worldwide, royalty-free, perpetual license (or, if not permitted under applicable law, a license for the whole duration, including for any extension thereof, of all relevant rights under any applicable law), to use, copy, modify, create derivative works based upon, publicly display, publicly perform, market, promote, distribute or treat in any way it deems appropriate the User Content in connection with operating and providing the Services and Content to the User and to others.

3.9. All rights in and to the App and/or the Contents and the Services not expressly granted to the User under these Terms and Conditions or Additional Terms are reserved to Artelot Media S.r.l. and/or its licensees.

By using Artelot and/or the Website, the User acknowledges that the Services and Content are protected by copyright, trademark, and other laws of the European Union, the United States, and any other countries whose law might be applicable. Furthermore, the User agrees not to remove, alter, or obscure any copyright, trademark, sing, logo, service mark, or other proprietary rights notices incorporated in or accompanying the Services and/or the Contents.

3.10. Artelot exercises the maximum diligence in complying with copyright law, all applicable personality laws, and respecting the rights of its licensees and licensors (as well as any other intellectual property and/or personality right that might apply, depending on the applicable law and jurisdiction).

Users are required to report any suspected infringement of copyright laws and/or of any other personality right and/or of any other right or law.

Any other third-party is also requested to report any suspected violation of such rights.

Artelot is committed to dedicate appropriate resources to examine the alleged infringement and provide the User (and/or any third-party), as quickly as possible, with an informed response.

3.11. Separate agreements govern the relations of Artelot with its licensees and licensors (other than the User). No provision of this contract might overpower or modify in any way possible the arrangements on these agreements.

4. Rights and obligations of Artelot 

4.1. Artelot has the right to change, renew, and/or update the software at its absolute discretion. The software might always vary depending on the User’s device and its operating system, and it might involve software and services offered by third-parties.

4.2. The choice of Contents and Services depends only on Artelot and is made based on aesthetic and artistic considerations, protected by the right of free speech and by copyright laws and applied at Artelot’s absolute discretion. Contents and Services might differ from country to country, time to time, and location to location. Artelot does not guarantee any consistent quality, content, theme, story, topic, or content over the range of its locations.

4.3. Subject to the applicable law, Artelot does not guarantee that the App, Website, Contents, and/or Services will be uninterrupted or of a certain kind, quality, or consistency.

4.4. Without prejudice of the provisions of Article no. 4.3., Artelot is not responsible for any damage, malfunctions, delays, or non-performance derived by any cause beyond its respective control and responsibility (force majeure).

4.5. Artelot reserves the right to remove or disable access to any Content and/or to the User’s story collection and/or to any element of the App and the Website (including the Website and the App as a whole) at its absolute discretion, at any time and without prior notice.

4.6. Artelot might, for some periods, offer a free trial of the App (hereafter “Free trial”). The Free trial might involve, among others, free access to a certain amount of Contents and/or to some parts of the App and/or to other Services. Unless otherwise agreed based on special programs, regulated by Additional Terms, Artelot maintains the right to change or cancel the Free trial at any moment, at its complete discretion and without prior notice.

4.7. In case of violation (or suspected violation) of the Terms and Conditions and/or of any Additional Terms and/or of any applicable law, Artelot has the right to take any appropriate measure of enforcement (including, but not limited to, removing User Contents and/or suspending or terminating any account involved in the violation) without prior notice.

4.8. Upon termination of the account, the following provisions of these Terms and Conditions will survive: (a) General terms; (b) Use of Services, Contents, and respective licenses; (c) Rights and Obligations of the User; (d) Limitation of liability; (e) Dispute Resolution, and this sentence on termination.

4.9. Artelot does not accept the submission of materials, stories, ideas, audiovisual content, or any other content that has not been explicitly requested through written communication by Artelot. Therefore, Artelot is not responsible for any similarity between its own (or its licensees and licensors’) Contents, Services, ideas, and stories and any eventual content, idea, and/or story provided to Artelot without its written and explicit request.

5. Rights and Obligations of the User 

5.1. During the account creation, the User is required to provide accurate information about himself. The User also is required to provide accurate information regarding his email, contact details, payment method, and any other information requested to use the App and/or the Services.

5.2. The User agrees that he or she will not disclose his password to any third party and will immediately notify Artelot in case of unauthorized use of his or her account.

5.3. The User is responsible for staying safe and not to expose him or herself, or any other third party, to risks during the use of the App and/or the Services.

By agreeing to these Terms and Conditions, the User recognizes and agrees that he operates and moves solely at his own risk while using the App and that Artelot has no responsibility and will not be involved in disputes that might arise between the User and third-parties or between third-parties in relation to the use of the Contents and Services.

5.4. The User agrees that he will visit locations solely at his or her responsibility, and therefore Artelot is not responsible for any real-world danger that the User might encounter during the use of the App or the Services.  Furthermore, the User is responsible for not violating any applicable law or regulation and for not infringing any third-party’s rights during the use of the App and the Services.

5.5. The User is allowed to take photos using the related feature of the App and to share them (including the visual content of the stories as projected through the Augmented Reality feature) with third parties, in social media and elsewhere, for personal and non-commercial purposes only. Any other use of the photos is forbidden unless authorized in writing by Artelot.

Without prejudice of the previous provision, even when incorporated in a photo taken through the Augmented Reality feature of the App, the copyright on the visual content is of exclusive ownership of Artelot, its licensees, or its licensors.

5.6. By accepting these Terms and Conditions, the User agrees: (a) not to make fraudulent or non-appropriate use of the App or Services and not to take any actions that could damage or interrupt the App and the services or that could compromise the nature, quality, experience, regular operation, overall or technical integrity, design, structure, purpose, features or safety of the App and Services in any way possible (such as, but not limited to, sharing accounts with other Users, or use technologies to alter, or falsify a device location: so-called “GPS spoofing”); (b) not sell or trade his account, and/or not provide access or publish or share or communicate the stories that he has found, read, and visualized and can be found at his account’s section ‘my stories collection’; (c) not to use the App and/or Services in any way that might imply or involve or facilitate criminal activity.

5.7. The User can submit feedback, comments, and suggestions for changes or improvements regarding the App, Website, or any other Content or Service provided by Artelot by delivering his or her feedback to the contact details available on the Website. Feedbacks will be considered, for this purpose, a form of User Content.

5.8. The User cannot transfer the rights and obligations regulated by these Terms and Conditions and/or by any Additional Terms without Artelot’s written and explicit consent.

6. Limitation of liability

6.1. Artelot does not warrant that the Services, Content, products (including the App itself), or electronic communications sent from Artelot are free of viruses or other harmful components. To the full extent permissible by law, Artelot will not be liable for any damages of any kind arising from the use of any Service, Content, product (including the App itself) or other services included on or otherwise made available to the User through the App and/or the Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

7. Beta programs and A/B testing

7.1. The User might be invited by Artelot to test some specific products, services, App functionalities, software, and/or Contents before their official release (hereafter “Beta testing”).

7.2. The Beta testing participation happens on a voluntary basis only and does not further imply any partnership, employment, and/or agency relationship between Artelot and the User. For the purpose of the Beta testing, Artelot grants to the User a personal, temporary, revocable, non-commercial, non-transferable limited license to use the service or functionality for the sole purpose of providing comments and feedback.

7.3. Artelot does not provide any guarantee for using the Contents, Services, and projects under Beta testing. For this purpose, access to Beta testing functionalities is reserved for Users who, according to the applicable law, reached the age of consent.

7.4. By agreeing to these Terms and Conditions, the User recognizes: (a) that the service or functionality tested during the Beta-testing process is always under strict confidentiality, as it is considered a trade secret of Artelot; (b) that the service or functionality under development and testing are of exclusive property of Artelot, and the User does not have any claim of any kind concerning them, regardless of the feedback and comments that he or she might provide during or after the Beta testing period; (c) that the services and functionalities tested during Beta testing are incomplete products and might contain bugs, fail, or cause unexpected problems so that the use of these products happens at the User’s own risk.

7.5. The User agrees not to violate any other provision of the present Terms and Conditions, such as (but not limited to) the provisions against fraudulent and inappropriate use while taking part in the Beta testing.

8. Privacy

8.1. To provide the Contents, Artelot needs to gather the User’s personal data, including the User’s location and the User’s read, view, and browsing history.

8.2. Artelot has a strong commitment to Users’ privacy and processes the Users’ data only when there is a legal basis to do so and to the extent permitted under the applicable law.

8.3. For a complete description of the categories of personal data collected, of the purposes and legal basis of data processing activities performed by Artelot, and of the rights of the interested party, Users can always refer to Artelot’s Privacy Policy published on the Website or the App.

9. Prices and payment methods

9.1 Artelot uses third-party services to process online payments for purchasing the premium access to the App (hereafter “Premium offer”).

9.2 Artelot has the right to change at any moment the price and the conditions of the Premium offer, the methods of payment accepted, and/or of any other option and service offered for purchasing.

9.3. Artelot will always inform the User through the Website or App regarding any possible changes.

9.4. The User who has already purchased a specific offer will have the right to enjoy that offer until its expiration.

9.5. Further information regarding the price and conditions of the Premium offer, at each specific time, can be found on the Website and in the App.

10. Dispute resolution

10.1. The User agrees and recognizes that he or she will try to engage and solve with negotiations and in good faith any dispute or claim that he or she might have against Artelot. For this purpose, Artelot pays notice to the Online Dispute Resolution (ODR) mechanism that has been put in place by the European Commission, which the User might use after or along with the negotiations to settle any possible dispute.

10.2. To the extent permitted under the applicable law, any claim related to the use of the App or the Website will be subject to Italian law and to the exclusive jurisdiction of the Courts of the district of Milan.

 

Privacy Notice

– Last update: November 25th, 2020.

This information notice is provided pursuant to Article 13 of the EU Reg. 2016/679 (hereinafter referred to as “General Data Protection Regulation” or “GDPR“).

 

  1. DATA CONTROLLER

Data Controller is Artelot Media S.r.l. (company registration number: 11372810967) (hereinafter referred to as “Artelot”) with registered office in Milano, via Libero Temolo, 4 (hereinafter referred to as the “Controller” or the “Data Controller“).

 

  1. PURPOSES OF DATA PROCESSING AND LEGAL BASIS

Personal data (hereinafter referred to as “Data“) provided by the interested party (hereinafter referred to as “User” and, jointly, as “Users”) are processed for the following purposes:

 

  1. execution of the requested service: i.e. providing access to location-based storytelling and augmented reality experiences (hereinafter referred to as “Service“), made available through the Artelot Application (hereinafter referred to as “App”) mostly through the use of a mobile device. Please note that the execution of the Service requires the use of geolocalization;

 

  1. for the purposes of sending commercial and/or promotional communications related to the Service and to perform market research (hereinafter referred to as “Direct Marketing“).

 

  1. CATEGORIES OF DATA PROCESSED

 

  1. Navigation data

This category of data includes IP addresses or domains of devices used by Users who connect to the App, time of the request, method used in submitting the request to the server, file size obtained in response, numerical code indicating the status of the response given by the server (success, error, etc.) and other parameters related to the operating system and user’s computer environment.

 

  1. Data related to the use of the App

This category of Data includes the places visited by the User and the browsing history of the contents (stories and/or artworks) already accessed by the User. Moreover, for Users who choose to create a personal account to access the App without using, for this purpose, their personal Apple ID, it includes the email address of the User and any other data collected in the execution of the Service.

3.3. Data voluntarily provided by the User

The optional, explicit and voluntary provision of Data (such as, but not limited to, by sending emails to the Controller) entails the subsequent acquisition of the sender’s address, as well as any other data included by User.

 

  1. DATA RECIPIENTS

Data may be processed by authorized Artelot staff, duly internally appointed.

In addition, it might be processed on behalf of Artelot by third parties duly appointed as data processors.

Under no circumstances, Data will be disclosed.

 

  1. INTERNATIONAL TRANSFER OF DATA

Data are managed and stored on servers located within and outside the European Union owned and/or available to the Controller and/or third parties, duly appointed as data processors.

 

  1. DATA STORAGE PERIOD

Data collected through the App are stored for the time necessary to give the best execution to the Service and/or to give feedback to their requests.

Under no circumstances, the storage period will exceed [2] years.

7. LEGAL BASIS FOR DATA PROCESSING ACTIVITIES  

As to the purpose listed under paragraph 2 (a) of the present notice, Data are provided by the User on a voluntary basis. For this purpose, the consent of the User is expressed by creating a personal account to access the App. The refusal to provide Data, however, excludes the User from the use of the Service.

Direct Marketing is carried out, in compliance with e-privacy laws and other legal and industry standards, for a legitimate interest.

8. DATA PROCESSING METHODS and AUTOMATED DECISION-MAKING PROCESS

For each of purposes listed under paragraph 2 of the present notice, data processing activities are carried out using paper-based, automated or electronic methods such as, but not limited to, mail or email, telephone (e.g. unsolicited calls, SMS, MMS), fax and any other IT channel (e.g. websites, mobile, app) suitable to guarantee security and confidentiality according to the so-called “data protection by default”.

9. SUBJECTIVE LIMITATIONS

Only subjects aged over 16 years may subscribe to the App.

10. RIGHTS OF THE USER

Pursuant to articles no. 15 to 22 GDPR, and subject to the conditions specified therein, the User holds the following rights:

1.        Right of access, i.e. the right to obtain confirmation that Data are (not) being processed and, where that is the case, obtain access to it;

2. Right to rectification and cancellation, i.e. the right to obtain from the Controller the rectification of inaccurate Data and/or the completion of incomplete Data or the erasure of Data;

3.        Right to restriction of data processing, i.e. the right to request suspension of Data processing;

4. Right to data portability, i.e. the right to receive Data in a structured, commonly used and machine-readable format, as well as the right to transmit Data to another data controller;

5. Right to object, i.e. the right to object to processing of Data, including the processing of Data for marketing and profiling purposes (if applicable);

6. Right to contact the national competent data protection Authority in case of unlawful processing of Data.

Users can exercise their rights by sending an email to the following e-mail address: info@artelot.app

 

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The Data controller will take care to keep this privacy notice updated.