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Terms of Services (ToS) of ART 3XPO

These Terms of Services (which we call the “ToS”) so you’ll know the rules that govern our relationship with you. These ToS form a legally binding contract between you (“User”) and us ADV GROUP, the company under ART 3XPO (“ART 3XPO”). So please read all of these ToS carefully.

In order to use our APIs, software, services, websites and other products that link to these ToS (referred to as the “Services”), you must have accepted our ToS and Privacy Policy , which are presented to you (i) when you first sign up to use the Services and (ii) when we make any material changes to the ToS or the Privacy Policy . If you don’t agree with the ToS or the Privacy Policy , then don’t use the Services. Any new features that augment or enhance the current Services, including the release of new tools, APIs, software, and resources, are subject to the ToS. Your continued use of the Services after any such updates and changes shall constitute your consent and agreement to the ToS.

1. Who can use the Services

You must be 18 years or older to use the Services. We may offer additional Services with additional ToS that may require you to be even older to use them. So please read all ToS carefully.

By using the Services, you state that:

• you can form a binding contract with ART 3XPO; and
• you will comply with these ToS and all applicable local, state, national, and international laws, rules, and regulations.

If you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set out in these ToS and to agree to these ToS on behalf of the business or entity.

2. Rights we grant our Users

ART 3XPO grants you a personal, worldwide, non-assignable, non-exclusive, non-sublicenseable, and revocable license to access and use the Services in accordance with these ToS. This license is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these ToS allow.

We reserve all rights not expressly granted to you.

3. Rights our Users grant us

Many of our Services let you create, upload, post, send, receive, and store content publicly or, if you have selected the a different setting, publicly and privately. When your content is available publicly, you retain whatever ownership rights in that content you had to begin with but you grant us a license to use that content (and for our users and other third parties we work with to use that content) in connection with the Services. As such, you grant ART 3XPO a perpetual, irrevocable, worldwide, sublicensable, royalty-free, and non-exclusive license to use, host, store, archive, copy, modify, cache, encode, reproduce, distribute, promote, transmit, synchronize, display, syndicate, create derivative works from, publicly perform and publish, and otherwise exploit any intellectual property in materials and content that you publish or is otherwise made available publicly by you in connection with our Services (referred to as the “IP License”). To the extent permissible under law, you irrevocably waive - or agree not to assert against ART 3XPO and its affiliates to the extent a waiver is not permitted - any moral rights or equivalent rights you may have in such content throughout the world.

4. Your Account

You are responsible for any activity that occurs in your ART 3XPO account. So it’s important that you keep your account secure. One way to do that is to select a strong password that you don’t use for any other account.

By using the Services, you agree that, in addition to exercising common sense:

• You will provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
• You are responsible for maintaining the security of your account and password.
• You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accounts under your account plan).
• You (or the legal entity you represent) will not maintain more than one free account.
• You will not create another account if we have already disabled your account, unless you have our written permission to do so.
• You will not allow your login to be used by more than one person – a single login shared by multiple people is expressly prohibited. Separate logins for each person as your plan allows is permitted.
• You will not register any accounts by non-humans, “bots” or other automated methods as such methods are expressly prohibited.
• You will not use your account for any illegal or unauthorized purpose.

5. Content

We claim no ownership of intellectual property rights in the material and content you provide to or through the Services or any other third party. Besides some existing templates for exhibitions, much of the content on our Services is produced by users and other third parties. Whether that content is posted publicly or privately, the content is the sole responsibility of the person or organization that submitted it.

Your profile and the materials and content uploaded by you remain yours. However, by setting your pages, depots, or projects to be viewed publicly or otherwise making your content and materials available publicly on the Services, you agree to allow others to use, host, store, archive, copy, modify, cache, encode, reproduce, distribute, promote, transmit, synchronize, display, syndicate, create derivative works from, publicly perform and publish, and otherwise exploit your content and to associate such materials and content with you and your account.

ART 3XPO does not pre-screen content, but may do so at its sole discretion. ART 3XPO may, but has no obligation to, remove or suspend content and accounts containing content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these ToS. If necessary, we may also remove content to comply with our legal obligations.

6. Privacy

You can learn how your information is handled when you use our Services by reading the Privacy Policy . We encourage you to give the Privacy Policy a careful look because, by accepting it, you agree that your information may be collected and processed by ART 3XPO in Italy and Europe, as well as their affiliates, and transferred outside of the country in which you reside, including to countries that may not have the same data-protection laws as your country.

7. Plan Revenue Restrictions

All plan pricing and related features can be found here: https://art3xpo.com

If you are signing up for the Personal Plan as a legal entity (and not an individual) you represent and warrant that:

• if you are accepting the ToS on behalf of a legal entity which is a commercial entity;
• if you are accepting the ToS on behalf of a legal entity which is a non-commercial entity; and
• if you are an individual (not acting on behalf of a legal entity) or if you are accepting the ToS as a sole proprietor.

8. Payments, Taxes, Plan Upgrades, Downgrades and Cancellation

Payments:

For all paid plans, you agree to pay the applicable subscription fees. All paid plans require a valid credit card number to be entered for your account to pay the monthly subscription fee.

Free accounts do not require a credit card.

All accounts will automatically renew each year (or month, for monthly plans) under your then-current plan unless you cancel, upgrade, or downgrade your account before such renewal. All paid plans are billed in advance on a annual or monthly (for monthly plans) basis.

Plan options and prices of all Services are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to the ART 3XPO website (ART 3XPO.com) or the Services.

Technical support for the Services is only provided to paying account holders and is only available via email. Support is only available in English.

Taxes:

If the Services are subject to taxes, fees, or charges, ART 3XPO may charge you for those taxes, fees, and charges in addition to the cost of the Services (collectively, “Charges”), and you agree to pay Charges at the rates in effect when incurred. If your order is subject to taxes (including value-added or goods and services taxes) and you are required by applicable law to remit and report those taxes, you agree to remit and report such taxes to the appropriate taxing authority. If you are required to withhold or deduct any taxes, you will (a) pay to ART 3XPO any additional amount necessary so that ART 3XPO receives a net amount equal to the Charges set forth in the applicable invoice; and (b) send to ART 3XPO on a timely basis and as otherwise reasonably requested by ART 3XPO all official tax receipts or other documentation required by applicable law proving you complied with the requirement to withhold or deduct those taxes. If ART 3XPO requests, you will provide a valid VAT ID or other tax identification number for you (where required).

Upgrades:

When upgrading your free account to a Paid Plan, you will be immediately upgraded and billed for such plan on the date of such upgrade. Upgrades to an existing Plan are billed and accounted for (on a pro-rata basis) on the next year billing date for such account.

Downgrades:

When downgrading an existing Personal Plan or Organization Plan to a different paid plan, you will be immediately downgraded and such downgrade will be billed and accounted for (on a pro-rata basis) on the next year billing date for such account. When downgrading from a Plan to a free account, you will be immediately downgraded and you will not be entitled to a refund. Downgrading your Service may cause the loss of content, features or capacity of your account. ART 3XPO does not accept any liability for such loss.

Cancellation:

You can terminate these ToS and your use of the Services at any time and for any reason by canceling your account by emailing support@art3xpo.com . Such cancellation will take effect and access to your account will end immediately (the “Cancellation Effective Date”) and you will not be entitled to a refund. Upon the Cancellation Effective Date all of your content will be deleted from the Services and cannot be recovered by you or ART 3XPO.

9. Suspension or Termination of Your Account

We’re relentlessly improving our Services and creating new ones all the time. ART 3XPO may add or remove features, products, or functionalities to the Services. We may also suspend or terminate your account and refuse any and all current or future use of the Services at any time if you fail to comply with these ToS, the law, for any reason outside of our control, or at our sole discretion. We may take any of these actions at any time and, when we do, we will try to notify you beforehand – but this won't always be possible.

Termination of your account or your use of the Services whether by you or ART 3XPO will (i) result in the deletion of your account, (ii) end your access to the Services and you will not be entitled to a refund, and (iii) result in the forfeiture, relinquishment and deletion of all content in your account.

Sections 3, 5, 8, 9 and 14 to 22 of these ToS will survive the termination of these ToS.

10. Respecting Copyright

We respect copyright law. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if ART 3XPO becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account.

We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please contact us immediately at support@art3xpo.com and include the following information:

• the physical or electronic signature of a person authorized to act on behalf of the copyright owner;
• identify the copyrighted work claimed to have been infringed;
• identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material;
• your contact information, including your address, telephone number, and an email address;
• a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

11. Service Restrictions

We try hard to keep our Services a safe place for all users. But we can’t guarantee it. That’s where you come in. By using the Services, you agree that:

• You will not use the Services for any purpose that is illegal or prohibited in these ToS.
• You will not use the Services in a manner that violates or infringes someone else’s rights of publicity, privacy, copyright, trademark or other intellectual-property right.
• You will not reverse engineer or attempt to extract the source code of the software used in our Services, unless laws prohibit these restriction or you have our written permission to do so.
• You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other users’ information.
• You will not to reproduce, duplicate, copy, sell, resell, lease, or exploit any portion of the Services (including any portion of the HTML/CSS, Javascript, or visual design elements or concepts (for clarity, the look and feel of the Services is Copyright ©2024 ART 3XPO Ltd. All rights reserved)), without the express written permission by ART 3XPO.
• You will not modify, adapt or hack the Services or modify another website so as to falsely imply that it is associated with the Services or ART 3XPO.
• You will not use the Services in a way that could interfere with, disrupt, affect negatively, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
• You will not solicit login credentials from another user.
• You will not post content that contains pornography, graphic violence, threats, hate speech, or incitements to violence.
• You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
• You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.
• You will not probe, scan, or test the vulnerability of our Services or any system or network.
• You will not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
• You will not abuse or exceed API calls and your bandwidth usage will not significantly exceed the average bandwidth usage (as determined solely by ART 3XPO) of other ART 3XPO customers.
• You will not abuse (whether verbally, physically, or in writing) or threaten to abuse (including actual or threated retribution) any ART 3XPO customer, employee, member, or officer.
• You will not encourage or promote any activity that violates these ToS.

12. Third-Party Services and APIs

Where the Services contain links to third party sites and resources, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information obtained from them.

If you use any service, feature or functionality that is operated by a third party and made available through our Services (including Services we offer jointly with the third party), each party’s ToS will govern the respective party’s relationship with you. Neither ART 3XPO or its affiliates is responsible or liable for a third party’s ToS or actions taken under the third party’s ToS.

ART 3XPO customers may access their account data via authorized APIs. Any use of the APIs, including use of the APIs through a third-party product that accesses ART 3XPO, is bound by these ToS.

13. Representations and Warranties

You represent and warrant (a) that neither you, nor, if you are a business, any affiliated company, are included on any restricted party list maintained by the United States, European Union, United Kingdom, or other relevant government authority -- for example, the U.S. Specially Designated Nationals List, Foreign Sanctions Evaders List, Denied Parties List, Unverified List, and Entity List, and the UK and EU consolidated lists of persons and entities subject to financial sanctions targets; (b) that you (if you are a business) are not owned or controlled by such a restricted party; and (c) that you are not resident in, located in, or organized under the laws of any country with which trade is prohibited by the sanctions described above.

14. Indemnity

You agree, to the extent permitted by law, to indemnify, defend and hold harmless ART 3XPO and our affiliates, directors, officers, stockholders, employees, licensors, suppliers, and agents from and against any complaints, charges, claims, damages, losses, costs, liabilities and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services in violation of these ToS; (b) your content infringing or misappropriating the intellectual property rights or other proprietary rights of a third party or violating applicable law; and (c) your breach of these ToS.

15. Disclaimers

We try to keep the Services up and running and free of annoyances. But we cannot promise that we will always succeed.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND, TO THE EXTENT PERMITTED BY LAW, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, ToS, UNDERTAKINGS AND OBLIGATIONS IMPLIED BY STATUTE, COMMON LAW, CUSTOM, TRADE USAGE, COURSE OF DEALING OR OTHERWISE ARE EXCLUDED, INCLUDING, IN PARTICULAR IMPLIED WARRANTIES, CONDITIONS, OR OTHER ToS RELATING TO MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. IN ADDITION, WHILE ART 3XPO ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTION OR IMPERFECTIONS; OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.

IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW THE EXCLUSIONS OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THOSE EXCLUSIONS SHALL NOT APPLY.

ART 3XPO AND ITS AFFILIATES TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES PUBLICLY OR PRIVATELY. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH ART 3XPO NOR OUR AFFILIATES WILL BE RESPONSIBLE FOR.

NOTHING IN THESE ToS WILL EXCLUDE OR LIMIT ANY RESPONSIBILITY WE MAY HAVE TO REMOVE CONTENT IF SO REQUIRED BY THE LAW OF THE COUNTRY WHERE YOU LIVE.

16. Limitation of Liability

ART 3XPO AND OUR AFFILIATES, DIRECTORS, OFFICERS, STOCKHOLDERS, EMPLOYEES, LICENSORS, SUPPLIERS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, CONTENT, USE, GOODWILL OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR USE OF THE SERVICES OR INABILITY TO USE THE SERVICES; (B) YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICES; (C) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT. IN NO EVENT WILL ART 3XPO OR OUR AFFILIATES’ AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF €100 EUR OR THE AMOUNT YOU PAID ART 3XPO IN THE LAST 12 MONTHS FOR ANY PAID SERVICES.

IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW ANY LIMITATION OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THAT LIMITATION WILL NOT APPLY

17. Exclusive Venue

You and ART 3XPO agree that all claims and disputes (whether contractual or otherwise) arising out of or relating to the ToS or the use of the Services will be litigated exclusively in the courts of Italy, unless this is prohibited by the laws of the country where you reside. You and ART 3XPO consent to the exclusive jurisdiction of those courts.

18. Choice of Law

The laws of Italy govern these ToS and any claims and disputes (whether contractual or otherwise) arising out of or relating to these ToS or their subject matter. The courts in some countries may not apply the laws of Italy to some disputes related to these ToS. If you reside in one of those countries, the laws of your home country may apply to those disputes.

19. Severability

If any provision of these ToS is found unenforceable, then that provision will be severed from these ToS and not affect the validity and enforceability of any remaining provisions.

20. Other General ToS

These ToS make up the entire agreement between you and ART 3XPO and supersede any prior agreements. These ToS do not create or confer any third-party beneficiary rights. If we do not enforce a provision in these ToS, it will not be considered a waiver. You may not transfer any of your rights or obligations under these ToS without our consent.

21. Contact Us

ART 3XPO welcomes comments, questions, concerns, or suggestions. You can send us feedback by emailing us at support@art3xpo.com . 

Questions about the ToS should be sent to support@art3xpo.com . 

The company responsible for the Services is ADV GROUP registered in Italy under company number PN-94307 with registered office at via roveredo 20/b 33170 Pordenone. Our VAT number is 01661510931.

22. Country-Specific ToS

If you are located in any of the countries listed below, or are using the Services on behalf of a business with its principal place of business located in any of the countries listed below, the additional ToS listed for that country apply to you. If you are located in the European Union, or are using the Services on behalf of a business with its principal place of business located within the European Union, the European Union ToS apply to you in addition to any ToS specific to your country.

European Union:

For individual consumers (not businesses): for details regarding dispute resolution, please follow this link to the EU Commission’s Online Dispute Resolution Platform https://ec.europa.eu/consumers/odr/ .

If you are using the Services on behalf of a business located in the European Union other than in the United Kingdom, you agree to provide us the full legal name of your business, your business address, and your valid VAT ID number at the time you sign up to use the Services. You are responsible for self-assessment and should account for VAT via the reverse charge (as applicable).

Australia:

In relation to Section 3 of these ToS, as to moral rights, you consent to ART 3XPO doing or omitting to do any acts that would otherwise infringe your moral rights or equivalent rights you may have in your content throughout the world.

Australia and New Zealand:

Non-Excludable Guarantees: Nothing in these ToS limits, excludes, or modifies any statutory consumer guarantees or any implied condition or warranty the exclusion of which from these ToS would contravene any statute or cause any part of these ToS to be void.

France (in addition to the European Union ToS above):

Nothing in these ToS will affect your legal rights and remedies provided to you under French consumer law.

Sweden (in addition to the European Union ToS above):

Nothing in these ToS will affect your legal rights and remedies provided to you under Swedish consumer law including the Consumer Contract ToS Act (1994:1512), the Distance and Off-premises Contract Act (2005:59), the Consumer Sales Act (1990:932).

United Kingdom (in addition to the European Union ToS above):

Nothing in these ToS will affect your legal rights and remedies provided to you under U.K. consumer law including the Consumer Rights Act 2015. For detailed information about your consumer rights, please visit the Citizens Advice website at www.citizensadvice.org.uk or call 03454 04 05 06.

Cancellation Form

ADV GROUP - ART 3XPO

via roveredo 20/b

33170 

Pordenone

Italy

Email: support@art3xpo.com . 

I/We [*] hereby give notice that I/We [*] cancel my/our [*] ART 3XPO Personal Paid Plan,

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate

Last updated: August 19, 2024

Terms of Services (ToS) of ART 3XPO

These Terms of Services (which we call the “ToS”) so you’ll know the rules that govern our relationship with you. These ToS form a legally binding contract between you (“User”) and us ADV GROUP, the company under ART 3XPO (“ART 3XPO”). So please read all of these ToS carefully.

In order to use our APIs, software, services, websites and other products that link to these ToS (referred to as the “Services”), you must have accepted our ToS and Privacy Policy , which are presented to you (i) when you first sign up to use the Services and (ii) when we make any material changes to the ToS or the Privacy Policy . If you don’t agree with the ToS or the Privacy Policy , then don’t use the Services. Any new features that augment or enhance the current Services, including the release of new tools, APIs, software, and resources, are subject to the ToS. Your continued use of the Services after any such updates and changes shall constitute your consent and agreement to the ToS.

1. Who can use the Services

You must be 18 years or older to use the Services. We may offer additional Services with additional ToS that may require you to be even older to use them. So please read all ToS carefully.

By using the Services, you state that:

• you can form a binding contract with ART 3XPO; and
• you will comply with these ToS and all applicable local, state, national, and international laws, rules, and regulations.

If you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set out in these ToS and to agree to these ToS on behalf of the business or entity.

2. Rights we grant our Users

ART 3XPO grants you a personal, worldwide, non-assignable, non-exclusive, non-sublicenseable, and revocable license to access and use the Services in accordance with these ToS. This license is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these ToS allow.

We reserve all rights not expressly granted to you.

3. Rights our Users grant us

Many of our Services let you create, upload, post, send, receive, and store content publicly or, if you have selected the a different setting, publicly and privately. When your content is available publicly, you retain whatever ownership rights in that content you had to begin with but you grant us a license to use that content (and for our users and other third parties we work with to use that content) in connection with the Services. As such, you grant ART 3XPO a perpetual, irrevocable, worldwide, sublicensable, royalty-free, and non-exclusive license to use, host, store, archive, copy, modify, cache, encode, reproduce, distribute, promote, transmit, synchronize, display, syndicate, create derivative works from, publicly perform and publish, and otherwise exploit any intellectual property in materials and content that you publish or is otherwise made available publicly by you in connection with our Services (referred to as the “IP License”). To the extent permissible under law, you irrevocably waive - or agree not to assert against ART 3XPO and its affiliates to the extent a waiver is not permitted - any moral rights or equivalent rights you may have in such content throughout the world.

4. Your Account

You are responsible for any activity that occurs in your ART 3XPO account. So it’s important that you keep your account secure. One way to do that is to select a strong password that you don’t use for any other account.

By using the Services, you agree that, in addition to exercising common sense:

• You will provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
• You are responsible for maintaining the security of your account and password.
• You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accounts under your account plan).
• You (or the legal entity you represent) will not maintain more than one free account.
• You will not create another account if we have already disabled your account, unless you have our written permission to do so.
• You will not allow your login to be used by more than one person – a single login shared by multiple people is expressly prohibited. Separate logins for each person as your plan allows is permitted.
• You will not register any accounts by non-humans, “bots” or other automated methods as such methods are expressly prohibited.
• You will not use your account for any illegal or unauthorized purpose.

5. Content

We claim no ownership of intellectual property rights in the material and content you provide to or through the Services or any other third party. Besides some existing templates for exhibitions, much of the content on our Services is produced by users and other third parties. Whether that content is posted publicly or privately, the content is the sole responsibility of the person or organization that submitted it.

Your profile and the materials and content uploaded by you remain yours. However, by setting your pages, depots, or projects to be viewed publicly or otherwise making your content and materials available publicly on the Services, you agree to allow others to use, host, store, archive, copy, modify, cache, encode, reproduce, distribute, promote, transmit, synchronize, display, syndicate, create derivative works from, publicly perform and publish, and otherwise exploit your content and to associate such materials and content with you and your account.

ART 3XPO does not pre-screen content, but may do so at its sole discretion. ART 3XPO may, but has no obligation to, remove or suspend content and accounts containing content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these ToS. If necessary, we may also remove content to comply with our legal obligations.

6. Privacy

You can learn how your information is handled when you use our Services by reading the Privacy Policy . We encourage you to give the Privacy Policy a careful look because, by accepting it, you agree that your information may be collected and processed by ART 3XPO in Italy and Europe, as well as their affiliates, and transferred outside of the country in which you reside, including to countries that may not have the same data-protection laws as your country.

7. Plan Revenue Restrictions

All plan pricing and related features can be found here: https://art3xpo.com

If you are signing up for the Personal Plan as a legal entity (and not an individual) you represent and warrant that:

• if you are accepting the ToS on behalf of a legal entity which is a commercial entity;
• if you are accepting the ToS on behalf of a legal entity which is a non-commercial entity; and
• if you are an individual (not acting on behalf of a legal entity) or if you are accepting the ToS as a sole proprietor.

8. Payments, Taxes, Plan Upgrades, Downgrades and Cancellation

Payments:

For all paid plans, you agree to pay the applicable subscription fees. All paid plans require a valid credit card number to be entered for your account to pay the monthly subscription fee.

Free accounts do not require a credit card.

All accounts will automatically renew each year (or month, for monthly plans) under your then-current plan unless you cancel, upgrade, or downgrade your account before such renewal. All paid plans are billed in advance on a annual or monthly (for monthly plans) basis.

Plan options and prices of all Services are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to the ART 3XPO website (ART 3XPO.com) or the Services.

Technical support for the Services is only provided to paying account holders and is only available via email. Support is only available in English.

Taxes:

If the Services are subject to taxes, fees, or charges, ART 3XPO may charge you for those taxes, fees, and charges in addition to the cost of the Services (collectively, “Charges”), and you agree to pay Charges at the rates in effect when incurred. If your order is subject to taxes (including value-added or goods and services taxes) and you are required by applicable law to remit and report those taxes, you agree to remit and report such taxes to the appropriate taxing authority. If you are required to withhold or deduct any taxes, you will (a) pay to ART 3XPO any additional amount necessary so that ART 3XPO receives a net amount equal to the Charges set forth in the applicable invoice; and (b) send to ART 3XPO on a timely basis and as otherwise reasonably requested by ART 3XPO all official tax receipts or other documentation required by applicable law proving you complied with the requirement to withhold or deduct those taxes. If ART 3XPO requests, you will provide a valid VAT ID or other tax identification number for you (where required).

Upgrades:

When upgrading your free account to a Paid Plan, you will be immediately upgraded and billed for such plan on the date of such upgrade. Upgrades to an existing Plan are billed and accounted for (on a pro-rata basis) on the next year billing date for such account.

Downgrades:

When downgrading an existing Personal Plan or Organization Plan to a different paid plan, you will be immediately downgraded and such downgrade will be billed and accounted for (on a pro-rata basis) on the next year billing date for such account. When downgrading from a Plan to a free account, you will be immediately downgraded and you will not be entitled to a refund. Downgrading your Service may cause the loss of content, features or capacity of your account. ART 3XPO does not accept any liability for such loss.

Cancellation:

You can terminate these ToS and your use of the Services at any time and for any reason by canceling your account by emailing support@art3xpo.com . Such cancellation will take effect and access to your account will end immediately (the “Cancellation Effective Date”) and you will not be entitled to a refund. Upon the Cancellation Effective Date all of your content will be deleted from the Services and cannot be recovered by you or ART 3XPO.

9. Suspension or Termination of Your Account

We’re relentlessly improving our Services and creating new ones all the time. ART 3XPO may add or remove features, products, or functionalities to the Services. We may also suspend or terminate your account and refuse any and all current or future use of the Services at any time if you fail to comply with these ToS, the law, for any reason outside of our control, or at our sole discretion. We may take any of these actions at any time and, when we do, we will try to notify you beforehand – but this won't always be possible.

Termination of your account or your use of the Services whether by you or ART 3XPO will (i) result in the deletion of your account, (ii) end your access to the Services and you will not be entitled to a refund, and (iii) result in the forfeiture, relinquishment and deletion of all content in your account.

Sections 3, 5, 8, 9 and 14 to 22 of these ToS will survive the termination of these ToS.

10. Respecting Copyright

We respect copyright law. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if ART 3XPO becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account.

We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please contact us immediately at support@art3xpo.com and include the following information:

• the physical or electronic signature of a person authorized to act on behalf of the copyright owner;
• identify the copyrighted work claimed to have been infringed;
• identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material;
• your contact information, including your address, telephone number, and an email address;
• a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

11. Service Restrictions

We try hard to keep our Services a safe place for all users. But we can’t guarantee it. That’s where you come in. By using the Services, you agree that:

• You will not use the Services for any purpose that is illegal or prohibited in these ToS.
• You will not use the Services in a manner that violates or infringes someone else’s rights of publicity, privacy, copyright, trademark or other intellectual-property right.
• You will not reverse engineer or attempt to extract the source code of the software used in our Services, unless laws prohibit these restriction or you have our written permission to do so.
• You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other users’ information.
• You will not to reproduce, duplicate, copy, sell, resell, lease, or exploit any portion of the Services (including any portion of the HTML/CSS, Javascript, or visual design elements or concepts (for clarity, the look and feel of the Services is Copyright ©2024 ART 3XPO Ltd. All rights reserved)), without the express written permission by ART 3XPO.
• You will not modify, adapt or hack the Services or modify another website so as to falsely imply that it is associated with the Services or ART 3XPO.
• You will not use the Services in a way that could interfere with, disrupt, affect negatively, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
• You will not solicit login credentials from another user.
• You will not post content that contains pornography, graphic violence, threats, hate speech, or incitements to violence.
• You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
• You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.
• You will not probe, scan, or test the vulnerability of our Services or any system or network.
• You will not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
• You will not abuse or exceed API calls and your bandwidth usage will not significantly exceed the average bandwidth usage (as determined solely by ART 3XPO) of other ART 3XPO customers.
• You will not abuse (whether verbally, physically, or in writing) or threaten to abuse (including actual or threated retribution) any ART 3XPO customer, employee, member, or officer.
• You will not encourage or promote any activity that violates these ToS.

12. Third-Party Services and APIs

Where the Services contain links to third party sites and resources, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information obtained from them.

If you use any service, feature or functionality that is operated by a third party and made available through our Services (including Services we offer jointly with the third party), each party’s ToS will govern the respective party’s relationship with you. Neither ART 3XPO or its affiliates is responsible or liable for a third party’s ToS or actions taken under the third party’s ToS.

ART 3XPO customers may access their account data via authorized APIs. Any use of the APIs, including use of the APIs through a third-party product that accesses ART 3XPO, is bound by these ToS.

13. Representations and Warranties

You represent and warrant (a) that neither you, nor, if you are a business, any affiliated company, are included on any restricted party list maintained by the United States, European Union, United Kingdom, or other relevant government authority -- for example, the U.S. Specially Designated Nationals List, Foreign Sanctions Evaders List, Denied Parties List, Unverified List, and Entity List, and the UK and EU consolidated lists of persons and entities subject to financial sanctions targets; (b) that you (if you are a business) are not owned or controlled by such a restricted party; and (c) that you are not resident in, located in, or organized under the laws of any country with which trade is prohibited by the sanctions described above.

14. Indemnity

You agree, to the extent permitted by law, to indemnify, defend and hold harmless ART 3XPO and our affiliates, directors, officers, stockholders, employees, licensors, suppliers, and agents from and against any complaints, charges, claims, damages, losses, costs, liabilities and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services in violation of these ToS; (b) your content infringing or misappropriating the intellectual property rights or other proprietary rights of a third party or violating applicable law; and (c) your breach of these ToS.

15. Disclaimers

We try to keep the Services up and running and free of annoyances. But we cannot promise that we will always succeed.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND, TO THE EXTENT PERMITTED BY LAW, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, ToS, UNDERTAKINGS AND OBLIGATIONS IMPLIED BY STATUTE, COMMON LAW, CUSTOM, TRADE USAGE, COURSE OF DEALING OR OTHERWISE ARE EXCLUDED, INCLUDING, IN PARTICULAR IMPLIED WARRANTIES, CONDITIONS, OR OTHER ToS RELATING TO MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. IN ADDITION, WHILE ART 3XPO ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTION OR IMPERFECTIONS; OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.

IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW THE EXCLUSIONS OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THOSE EXCLUSIONS SHALL NOT APPLY.

ART 3XPO AND ITS AFFILIATES TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES PUBLICLY OR PRIVATELY. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH ART 3XPO NOR OUR AFFILIATES WILL BE RESPONSIBLE FOR.

NOTHING IN THESE ToS WILL EXCLUDE OR LIMIT ANY RESPONSIBILITY WE MAY HAVE TO REMOVE CONTENT IF SO REQUIRED BY THE LAW OF THE COUNTRY WHERE YOU LIVE.

16. Limitation of Liability

ART 3XPO AND OUR AFFILIATES, DIRECTORS, OFFICERS, STOCKHOLDERS, EMPLOYEES, LICENSORS, SUPPLIERS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, CONTENT, USE, GOODWILL OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR USE OF THE SERVICES OR INABILITY TO USE THE SERVICES; (B) YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICES; (C) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT. IN NO EVENT WILL ART 3XPO OR OUR AFFILIATES’ AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF €100 EUR OR THE AMOUNT YOU PAID ART 3XPO IN THE LAST 12 MONTHS FOR ANY PAID SERVICES.

IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW ANY LIMITATION OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THAT LIMITATION WILL NOT APPLY

17. Exclusive Venue

You and ART 3XPO agree that all claims and disputes (whether contractual or otherwise) arising out of or relating to the ToS or the use of the Services will be litigated exclusively in the courts of Italy, unless this is prohibited by the laws of the country where you reside. You and ART 3XPO consent to the exclusive jurisdiction of those courts.

18. Choice of Law

The laws of Italy govern these ToS and any claims and disputes (whether contractual or otherwise) arising out of or relating to these ToS or their subject matter. The courts in some countries may not apply the laws of Italy to some disputes related to these ToS. If you reside in one of those countries, the laws of your home country may apply to those disputes.

19. Severability

If any provision of these ToS is found unenforceable, then that provision will be severed from these ToS and not affect the validity and enforceability of any remaining provisions.

20. Other General ToS

These ToS make up the entire agreement between you and ART 3XPO and supersede any prior agreements. These ToS do not create or confer any third-party beneficiary rights. If we do not enforce a provision in these ToS, it will not be considered a waiver. You may not transfer any of your rights or obligations under these ToS without our consent.

21. Contact Us

ART 3XPO welcomes comments, questions, concerns, or suggestions. You can send us feedback by emailing us at support@art3xpo.com . 

Questions about the ToS should be sent to support@art3xpo.com . 

The company responsible for the Services is ADV GROUP registered in Italy under company number PN-94307 with registered office at via roveredo 20/b 33170 Pordenone. Our VAT number is 01661510931.

22. Country-Specific ToS

If you are located in any of the countries listed below, or are using the Services on behalf of a business with its principal place of business located in any of the countries listed below, the additional ToS listed for that country apply to you. If you are located in the European Union, or are using the Services on behalf of a business with its principal place of business located within the European Union, the European Union ToS apply to you in addition to any ToS specific to your country.

European Union:

For individual consumers (not businesses): for details regarding dispute resolution, please follow this link to the EU Commission’s Online Dispute Resolution Platform https://ec.europa.eu/consumers/odr/ .

If you are using the Services on behalf of a business located in the European Union other than in the United Kingdom, you agree to provide us the full legal name of your business, your business address, and your valid VAT ID number at the time you sign up to use the Services. You are responsible for self-assessment and should account for VAT via the reverse charge (as applicable).

Australia:

In relation to Section 3 of these ToS, as to moral rights, you consent to ART 3XPO doing or omitting to do any acts that would otherwise infringe your moral rights or equivalent rights you may have in your content throughout the world.

Australia and New Zealand:

Non-Excludable Guarantees: Nothing in these ToS limits, excludes, or modifies any statutory consumer guarantees or any implied condition or warranty the exclusion of which from these ToS would contravene any statute or cause any part of these ToS to be void.

France (in addition to the European Union ToS above):

Nothing in these ToS will affect your legal rights and remedies provided to you under French consumer law.

Sweden (in addition to the European Union ToS above):

Nothing in these ToS will affect your legal rights and remedies provided to you under Swedish consumer law including the Consumer Contract ToS Act (1994:1512), the Distance and Off-premises Contract Act (2005:59), the Consumer Sales Act (1990:932).

United Kingdom (in addition to the European Union ToS above):

Nothing in these ToS will affect your legal rights and remedies provided to you under U.K. consumer law including the Consumer Rights Act 2015. For detailed information about your consumer rights, please visit the Citizens Advice website at www.citizensadvice.org.uk or call 03454 04 05 06.

Cancellation Form

ADV GROUP - ART 3XPO

via roveredo 20/b

33170 

Pordenone

Italy

Email: support@art3xpo.com . 

I/We [*] hereby give notice that I/We [*] cancel my/our [*] ART 3XPO Personal Paid Plan,

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate

Last updated: August 19, 2024

Privacy Policy

1. GENERAL PROVISIONS

1.1. ADV GROUP (hereinafter “ART 3XPO“, “we“, “us”) is aware of the importance of the personal data trusted to it.

1.2. ART 3XPO provide a platform that includes the current and any further development, update and version of the web application for virtual exhinithions, as well as a website located at https://art3xpo.com (hereinafter “platform”), on which an person using the platform can view and exhibit their works of art in virtual galleries.

1.3. In this privacy policy you will find information about the data processing carried out by us. We use the terms set forth in the General Data Protection Regulation UE 2016/679 (hereinafter “GDPR“). For better comprehensibility, we would like to explain the most important terms according to their legal definition below.

• Personal data: Any information relating to an identified or identifiable natural person (“data subject“); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
• Processing: Any operation or set of operations which is performed on personal data, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
• Data subject: The person whose personal data is processed.
• Controller: The natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data.
• Processor: The natural or legal person, public authority, agency or other body that processes personal data on behalf of the Controller.
• Consent (of the data subject): any freely given specific, informed and unambiguous indication of his or her wishes in the form of a statement or other unambiguous affirmative act by which the data subject signifies his or her agreement to the processing of personal data relating to him or her.
• Personal Data Breach: The breach of security that, whether accidentally or unlawfully, results in the destruction, loss, alteration, or unauthorized disclosure of, or access to, personal data that has been transmitted, stored, or otherwise processed.

1. WHO IS RESPONSIBLE FOR DATA PROCESSING AND WHOM CAN I CONTACT?

ADV GROUP in the person of legal representative is the responsible person in the sense of Article 4 (7) GDPR. You can reach us under

ADV GROUP

via roveredo 20/B 33170 Pordenone

Email: support@art3xpo.com

Our contact for data protection is the legal representative/delegated person for ART 3XPO.

1. FOR WHAT PURPOSES DO WE PROCESS YOUR PERSONAL DATA?

3.1 Using the platform

• Description: When you visit a platform, certain information is created and stored automatically, including on our platform. To make it easier for you to contact us, ART 3XPO provides you with an interactive contact form on the website or web application. Without the processing of the following categories of data, a reliable operation of the platform cannot take place.
• Data categories: We process contact data (first name, last name, email address, company), as well as additional personal data that you voluntarily provide to us through an input mask in order to contact you. In addition, the address (URL) of the visited website, the browser and browser version, the operating system used, the address (URL) of previously visited pages (link URL), the host name and IP address of the device from which access is made, the date and time are stored in the log files of the web server, as well as data tracking in virtual / augmented reality, including location in virtual space.
• Legal basis: We process the mentioned personal data on the basis of legitimate interests (Article 6(1)(f) GDPR), such as the proper functioning of our application.
• Storage period: We store the mentioned personal data for a period of 30 days. After 30 days, the web server log files are automatically deleted. We process your data, which is provided to us via the contact form, for the duration of the processing of your request.

3.2. Processing of personal data to send information about our products and services

• Description: Upon request, we will send you information about our products and services by e-mail. For this purpose we process your personal data. Without this data, we cannot send you this information.
• Data categories: We process your first and last name, e-mail address and company for this purpose.
• Legal basis: We process the mentioned personal data on the basis of your consent (Article 6 (1) (a) GDPR).
• Storage period: We store the mentioned personal data until the time of your revocation, while you have the option to revoke your mentioned consent at any time. This allows you to refuse the future sending of information about our products and services to your specified e-mail address at any time, free of charge and without complications. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

3.3. Transfer of application documents

• Description: Applicants can submit their resume and other application documents to ART 3XPO. No application can be made without this data.
• Data categories: The personal data mentioned under this point a. or contained in the application documents will be processed. In addition, personal data, which you provide to us voluntarily in this context are processed too.
• Legal basis: We process the mentioned personal data on the basis of our legitimate legal interests (Article 6 (1) (f) GDPR) in order to be able to evaluate applicants.
• Storage period: We store the mentioned personal data for a period of 12 months for the purpose of defence against any claims asserted by applicants pursuant to sections on the grounds of discrimination in job applications. If applicant data is to be kept on record beyond this period, we will obtain your consent for this.

3.4. Law enforcement

• Description: In the event of a legal dispute, the data required for the appropriate prosecution is transmitted to legal representatives and courts.
• Data categories: Contact data (e.g. first and last name, acad. title, address), data related to the litigation in question (e.g. your behavior in relation to the use of the website);
• Legal basis: We process the mentioned personal data on the basis of legitimate legal interests (Article 6 (1) (f) in connection with Article 9 (2) (f) GDPR) for the purpose of legal prosecution.
• Storage period: We store the mentioned personal data for the purpose of pursuing or defending legal claims for as long as this is necessary for the potential conduct of proceedings or until the expiry of the statutory limitation periods, whereby the statutory limitation period for claims arising from the breach of contracts is three years.

1. TO WHICH RECIPIENTS WILL YOUR PERSONAL DATA BE TRANSFERRED?

4.1. In the course of our data processing, we transfer your personal data to the following recipients to the extent necessary: service partners, service providers, legal representatives, courts and administrative authorities as well as companies that are commissioned to support our internal IT infrastructure (software, hardware).

1. WHAT RIGHTS DO YOU HAVE?

5.1. You have the right of access information under Art 15 GDPR, the right to rectification under Art 16 GDPR, the right to erasure under Art 17 GDPR, the right to restriction of processing under Art 18 GDPR, the right to object under Art 21 GDPR, the right not to be subject to automated decision-making in individual cases, including profiling, and the right to data portability under Art 20 GDPR. In addition, you have the right to lodge a complaint with a competent data protection supervisory authority (Art 77 GDPR). You can find more information about your rights at: https://www.dsb.gv.at/rechte-der-betroffenen.

5.2. The competent supervisory authority is the Italian Data Protection Authority - Garante Privacy - The Italian Data Protection Authority: Who We Are

1. PURPOSES OF PROCESSING PERSONAL DATA

6.1. We may process your personal data solely for use for the following purposes:

• Identification for granting access to the platform;
• Establishing feedback, including sending notifications, requests regarding the use of the platform, processing requests and wishes;
• Location detection for security and fraud prevention;
• Confirmation of the accuracy and completeness of the personal data provided;
• Providing effective customer and technical support in case of problems related to the use of the platform;
• Providing, with the data subject’s consent, platform updates, special offers, pricing information, newsletters and other information on our behalf by e-mail and other types of mailings;
• Implementation of advertising activities with the consent of the data subject.

6.2. We do not publish personal data in publicly available sources. We do not make decisions affecting the rights and legitimate interests of the user based solely on automated processing of personal data.

1. EMBEDDING OF SOCIAL MEDIA PLUG-INS AND SIMILAR INSTRUMENTS

7.1. We use the following social media plug-ins and similar tools as part of the operation of the platform. In particular, we include elements of social media services on our platform to display images, videos and texts. By visiting pages that display these elements, data may be transmitted from your browser to the respective social media service and stored there. We do not have access to this data. A description of the respective service and the personal data processed can be found below.

7.2. The legal basis for embedding the following services is your consent according to Article (6) (1) (a) GDPR.

7.3. Storage period: We process your personal data until your valid consent is revoked at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation. You can partially prevent the usage of the following services by setting the internet browser used accordingly and thus permanently prevent such data processing.

7.4. Google Maps

• We use Google Maps by the company Google Inc. on our platform. For the European area the company Google Ireland Limited (Gordon House, Barrow Street Dublin 4, Ireland) is responsible for all Google services. Google Maps allows us to show you locations better and thus adapt our platform to your needs.
• Through the usage of Google Maps, data is transmitted to Google and processed on Google servers, including in particular data about the use of the Maps functions by visitors to the website. For more information about data processing by Google, please refer to the privacy policy of Google on https://www.google.at/intl/de/policies/privacy/. There you can also change your settings in the Privacy Center so that you can manage and protect your data.

7.5. Instagram

• ART 3XPO has integrated components of the service Instagram on this platform. Instagram is a service that qualifies as an audiovisual platform and allows users to share photos and videos and also to redistribute such data in other social networks.
• The operating company of the Instagram services is Instagram LLC, 1 Hacker Way, Building 14 First Floor, Menlo Park, CA, USA.
• By calling up one of the individual pages of this website, which is operated by the controller who is responsible for the processing, and which integrates an Instagram component (Insta button), the internet browser on the information technology system of the data subject is automatically caused to download a representation of the corresponding component from Instagram by the respective Instagram component. Within the scope of this technical procedure, Instagram receives notice about which specific subpage of our website is visited by the data subject.
• If the data subject is logged in to Instagram at the same time, Instagram recognizes which specific subpage the data subject is visiting each time the data subject opens our platform as well as for the entire duration of the respective stay on our platform. This information is collected by the Instagram component and assigned by Instagram to the respective Instagram account of the data subject. If the data subject activates one of the Instagram buttons integrated on our platform, the data and information transmitted will be assigned to the personal Instagram user account of the data subject and stored and processed by Instagram.
• Instagram always receives information via the Instagram component that the data subject has visited our platform, if the data subject is simultaneously logged into Instagram at the time of calling up our platform. This takes place regardless of whether the data subject clicks on the Instagram component or not. If the data subject does not want this information to be transmitted to Instagram, he or she can prevent the transmission by logging out of his or her Instagram account before accessing our platform.
• Further information and the applicable privacy policy of Instagram can be found at https://help.instagram.com/155833707900388 and https://www.instagram.com/about/legal/privacy/.

7.6 LinkedIn

• ART 3XPO has integrated components of the LinkedIn Corporation on our platform. LinkedIn is a social network that allows users to connect with existing business contacts and make new business contacts.
• The operating company of LinkedIn is LinkedIn Corporation, 2029 Stierlin Court Mountain View, CA 94043, USA. For data protection issues in Europe, LinkedIn Ireland, Privacy Policy Issues, Wilton Plaza, Wilton Place, Dublin 2, Ireland, is responsible.
• With each individual call-up of our platform that is equipped with a LinkedIn component (LinkedIn plug-in), this component causes the browser used by the data subject to download a corresponding representation of the component from LinkedIn. Further information on LinkedIn plug-ins can be found at https://developer.linkedin.com/plugins. As part of this technical procedure, LinkedIn receives knowledge of about specific subpage of our platform is visited by the data subject.
• If the data subject is logged in to LinkedIn at the same time, LinkedIn recognizes which specific subpage of our platform the data subject is visiting each time the data subject calls up our website and for the entire duration of the respective stay on our platform. This information is collected by the LinkedIn component and assigned by LinkedIn to the respective LinkedIn account of the data subject. If the data subject activates a LinkedIn button integrated on our platform, LinkedIn assigns this information to the personal LinkedIn user account of the data subject and stores this personal data.
• LinkedIn always receives information via the LinkedIn component that the data subject has visited our platform if the data subject is logged into LinkedIn at the same time as calling up our platform; this takes place regardless of whether the data subject clicks on the LinkedIn component or not. If the data subject does not want this information to be transmitted to LinkedIn, he or she can prevent the transmission by logging out of his or her LinkedIn account before accessing our platform.
• LinkedIn provides the ability to unsubscribe from email messages, SMS messages, and targeted ads, as well as manage ad settings, at https://www.linkedin.com/psettings/guest-controls. LinkedIn’s applicable privacy policy is available at https://www.linkedin.com/legal/privacy-policy. LinkedIn’s cookie policy is available at https://www.linkedin.com/legal/cookie-policy.

7.7 Vimeo

• ART 3XPO also uses videos of the company Vimeo on the platform. The video portal is operated by Vimeo LLC, 555 West 18th Street, New York, New York 10011, USA. With the help of a plug-in, we can show you interesting video material directly on our platform. In the process, certain data may be transferred from you to Vimeo. You can find more information on data processing by Vimeo at https://vimeo.zendesk.com/hc/de/sections/203915088-Datenschutz.
• When you visit our platform that has a Vimeo video embedded, your browser connects to the servers of Vimeo. This results in a data transmission. This data is collected, stored and processed on the servers of Vimeo. Vimeo collects data about you, regardless of whether you have a Vimeo account or not. This includes your IP address, technical info about your browser type, operating system or very basic device information. Furthermore, Vimeo stores information about the website, from which you use the Vimeo service and which actions (web activities) you perform on our platform. These web activities include, for example, session duration, bounce rate or which button you clicked on our platform with built-in Vimeo function.
• If you are logged in to Vimeo as a registered member, more data can usually be collected, as more cookies may have already been set in your browser. In addition, your actions on our platform are directly linked to your Vimeo account. To prevent this, you must log out of Vimeo while “surfing” our platform.

7.8. Google Fonts

• On our platform we use Google Fonts. These are the “Google Fonts” by the company Google Inc. For the European area, the company Google Ireland Limited (Gordon House, Barrow Street Dublin 4, Ireland) is responsible for all Google services. You can also find more information on data processing by Google at https://www.google.com/intl/de/policies/privacy/.
• You do not need to log in or enter a password to use Google Fonts. Furthermore, no cookies are stored in your browser. The files (CSS, fonts) are requested via the Google domains fonts.googleapis.com and fonts.gstatic.com. According to Google, the requests for CSS and fonts are completely separate from all other Google services. If you have a Google account, you do not need to worry that your Google account information, while using Google Fonts, will be transmitted to Google. Google records the usage of CSS (Cascading Style Sheets) and the fonts used and stores this data securely.
• When you visit our platform, the fonts are reloaded via a Google server. Through this external call, data is transmitted to the Google servers. In this way, Google also recognizes that you or your IP address is visiting our website.
• Google Fonts stores CSS and font requests securely at Google and is therefore protected. Through the collected usage figures, Google can determine how well the individual fonts are received. Google publishes the results on internal analysis pages, such as Google Analytics. In addition, Google also uses data from its own web crawler to determine which websites are using Google fonts.
• Through each Google Font request, information such as language settings, IP address, browser version, browser screen resolution, and browser name are also automatically transmitted to the Google servers. Whether this data is also stored cannot be clearly determined or is not clearly communicated by Google.
• Google stores requests for CSS assets for one day on its servers, which are mainly located outside the EU. This allows us to use fonts with the help of a Google stylesheet. A stylesheet is a format template that can be used to easily and quickly change the design or font of a website, for example. The font files are stored by Google for one year.

7.8. YouTube

• On our platform we use video of the company YouTube - Google. With the help of a plug-in, we can show you interesting video material directly on our platform. In the process, certain data may be transferred from you to Youtube. You can find more information on data processing by Youtube YouTube Rules & Content Policies | How YouTube Works
• When you visit our platform that has a Youtube video embedded, your browser connects to the servers of Youtube. This results in a data transmission. This data is collected, stored and processed on the servers of Youtube. Youtube collects data about you, regardless of whether you have a Youtube account or not. This includes your IP address, technical info about your browser type, operating system or very basic device information. Furthermore, Youtube stores information about the website, from which you use the Youtube service and which actions (web activities) you perform on our platform. These web activities include, for example, session duration, bounce rate or which button you clicked on our platform with built-in Youtube function.
• If you are logged in to Youtube as a registered member, more data can usually be collected, as more cookies may have already been set in your browser. In addition, your actions on our platform are directly linked to your Youtube account. To prevent this, you must log out of Youtube while “surfing” our platform.

Last updated: August 19, 2024