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Last updated 08, March, 2022.
TABLE OF CONTENTS
- AGREEMENT TO TERMS
- INTELLECTUAL PROPERTY RIGHTS
- USER REPRESENTATIONS
- USER REGISTRATION
- PROHIBITED ACTIVITIES
- USER GENERATED CONTRIBUTIONS
- CONTRIBUTION LICENSE
- GUIDELINES FOR REVIEWS
- MOBILE APPLICATION LICENSE
- SOCIAL MEDIA
- THIRD-PARTY WEBSITE AND CONTENT
- SITE MANAGEMENT
- COPYRIGHTS INFRINGEMENTS
- TERM AND TERMINATION
- MODIFICATIONS AND INTERRUPTIONS
- GOVERNING LAW
- DISPUTE RESOLUTION
- LIMITATION OF LIABILITY
- USER DATA
- ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
- CALIFORNIA USERS AND RESIDENTS
- CONTACT US.
1. AGREEMENT TO TERMS
In short: This is an agreement between us, Arcasacra, and you, our member, for using our Services. Please read it thoroughly and, if you don't agree to any or all of these Terms of Service please don't use our Services. If we update these terms or any other policy we will notify you before any changes start. You must be 16 or older to use our Services.
These Terms of Service constitute a legally binding agreement made between you, wether personally or on behalf of an entity (“you”, “your”, "member") and ARCASACRA LLP (“Company”, “we”, “us”, or “our”), concerning your access to and use of the www.ethicarts.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are a company registered in Scotland and have our registered office at 119 Whitecraig Avenue, Whitecraig, East Lothian EH21 8PA. You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Service. The aim of the Site is to create a Creative Community (hereinafter referred as “Comunidad”) where people from the creative industries can do business safely and fairly. IF YOU DO NOT AGREE TO ANY OR ALL THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our solely discretion, to make changes or modifications to these Terms of Service from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Service and will notify you before said updates happen via email or any other possible contact method if email wasn't available. Please ensure that you know the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted the changes in any revised Terms of Service by your continued use of the Site after the date such revised Terms of Service are posted.
The information provided in the Site is not intended for distribution to use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent those local laws are applicable.
The Site is intended for users who are at least 16 years old. Persons under the age of 16 are not permitted to use or register for the Site.
2. INTELLECTUAL PROPERTY RIGHTS
In short. What you create is yours and your intellectual property right. We only own the intellectual property rights of our own content.
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website, designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trade marks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United Kingdom, international copyright laws, and international conventions such as WIPO. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in the Terms of Service, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our expressed prior written permission. You can ask for that written permission sending an email to email@example.com.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
In case you are a Creator, you own any intellectual property rights of the contents, products, or services you offer on the Site (“your content”). We decline any right about the content you create and you are encouraged to report us any suspected intellectual property infringement about your content in our Site and we will help you by all means to solve any breach of the international laws and agreement commented above.
As well, the Collectors will only own the intellectual property rights on the products or services they purchase through our Creators limited and as established by the Creators only and under their own particular agreement with the Collector. This rule governs as well in the case of a Creator acting as a Collector from other Creator.
3. USER REPRESENTATIONS
In short: this is a Creative Community (Comunidad) and you agree to use it accordingly and respect the law.
By using the Site, you represent and warrant that:
(1) all registration information you submit will be true, accurate, current, and complete;
(2) you will maintain the accuracy of such information and promptly update such registration information as necessary;
(3) you have the legal capacity and you agree to comply with these Terms of Service;
(4) you are not a minor in the jurisdiction in which you reside and you are able to work in the case you are offering your own products and services;
(5) you will not access the Site through automated or non-human means, wether through a bot, script, or otherwise;
(6) you will not use the Site for any illegal or unauthorised purpose; and
(7) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
4. USER REGISTRATION
In short: You need to register with the Site to use it to provide or receive services or products. You need to keep your password confidential and we reserve the right to remove or change your username if it's inappropriate.
You are required to register with the Site when you want to provide or receive services or products. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. PROHIBITED ACTIVITIES
In short: this is a Creative Community (Comunidad) with all kind of people's background and idiosyncrasy. Please respect each other and use the services only for the purposes they have been created.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other members, especially in any attempt to learn sensitive account information such as user passwords, bank details or personal information not accessible by default.
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use any information obtained from the Site in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Site in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorised framing of linking to the Site.
Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, imparts, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. We will not tolerate any attempt of scam, phishing, or any other similar act.
Delete the copyright or other proprietary rights notice from any Content ours or from Creators.
Attempt to impersonate another user or person or use the username of another member.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you as well as any other member of the Comunidad.
Attempt to bypass any measures on the Site designed to prevent or restrict access to the Site, or any portion of the Site.
Except as permitted by applicable law, decompile, disassemble, or reverse engineer any of the software comprising or in any way making a part of the Site.
Except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorised script or other software.
Use a buying agent or purchasing agent to make purchases on the Site.
Make any unauthorised use of the Site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavour or commercial enterprise.
Sell or otherwise transfer your profile.
6. USER GENERATED CONTRIBUTIONS
In short: as a Creative Community (Comunidad), you are welcome to contribute, but be aware you are the sole responsible of that contributions.
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit, may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
The Creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator, and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorise us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Service.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Service.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, physical handicap or personal believes.
Your Contributions do not otherwise violate, or link to material that violates, any provision of the Terms of Service, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Site.
7. CONTRIBUTION LICENSE
In short: you allow us to use your Contributions inside the Comunidad. However, they are yours and you are legally responsible for them. You are welcome to link your contributions outside the Comunidad under your own responsibility.
By posting your Contributions to any part of the Site you grant us limited, non-perpetual, non-exclusive, non-transferable, royalty-free, fully paid, world-wide right, and license to host, use, copy, reproduce, disclose, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) only under your previous knowledge and confirmation from your side, for any purpose be it commercial, advertising or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sublicensee of the foregoing. The use and distribution may occur in any media formats and through any media channels. We will not sell, resell, or use your image and voice for any commercial or advertising purpose outside our Comunidad and our media and marketing channels.
We will ask you beforehand to give us consent to use some personal or professional data, such as your name, company name or franchise name, as applicable, and any of the trademarks, trade names, logos and personal and commercial images you provide, that could be included in such Contribution. This license will apply to any form, media, or technology now known or hereafter developed. You will keep all moral rights in your Contributions, and you warrant that moral rights have been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any areas on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and refrain from any legal action against us regarding your Contributions.
Anyway we have the right, (1) to edit, or otherwise change any Contributions inside our Comunidad, for example in case of a long text we can edit, or ask you to edit it to make it short; (2) to re-categorise any Contributions to place them in more appropriate locations on the Site, for example if you write an article for the blog under certain category, it could be move in the future to any other category that could fit it better; (3) to pre-screen or delete any Contributions at any time and for any reason, without notice, for example if we receive a legal order, or find something irregular with that contribution after being published. However, we have no obligation to monitor your Contributions and you are the responsible of such Contributions.
You can use any part or whole content of your Contribution by linking it to any other website, Social Network, Streaming Service, etc. However, you will be the sole responsible of the use and future consequences of that use outside our Comunidad.
8. GUIDELINES FOR REVIEWS
In short: This is Comunidad. Be honest and respect everyone.
We provide you areas on the Site to leave reviews and rating. When posting a review, you must comply with the following criteria:
(1) you should have firsthand experience with the person/entity being reviewed;
(2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
(3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
(4) your reviews should not contain references to illegal activity;
(5) you should not be affiliated with competitors if posting negative reviews;
(6) you should not make any conclusions as to the legality of conduct;
(7) you may not post any false or misleading statements; and
(8) you may not organise a campaign encouraging others to post reviews, wether positive or negative.
We may accept, reject, or remove reviews in our sole discretion if we find somebody breaking these rules.
We have absolutely no obligation to screen reviews or to delete reviews, even if everyone considers reviews objectionable or inaccurate.
Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.
We do not assume liability for any reviews or any claims, liabilities, or losses resulting from any review.
By posting a review, you hereby grant to us perpetual, non exclusive, worldwide, royalty-free, fully paid, assignable, and sub licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews inside our Site(s) and App(s).
9. MOBILE APPLICATION LICENSE
In short: this section will govern about the App (when ready) and your use of it.
You shall not:
(1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
(2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
(3) violate any applicable laws, rules, or regulations in connection with your access or use of the application;
(4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
(5) use the application for any revenue generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended;
(6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
(7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
(8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or
(9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
Apple, Android and other devices
The following terms apply when you use a mobile application obtained from either the Apple Store, Google Play or other platform (each an "App Distributor") to access the Site:
(1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS, Android or other operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor's terms of service;
(3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
(4) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and
10. SOCIAL MEDIA
As part of the functionality of the Site, as soon as we find a social network that respect the privacy of the users, and we can implement the service for it, you will be able to link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either:
(1) providing your Third-Party Account login information through the Site; or
- (2) allowing us to access your Third Party Account, as permitted by the applicable terms and conditions that govern the use of each Third Party Account.
Where this feature is possible, you represent and warrant that you have the right to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account, without breaching any of the terms and conditions. that govern your use of the applicable Third Party Account, and without obligating us to pay any fees or subject to any limitations on use imposed by the third party service provider of the Third Party Account.
You should be aware that if a Third Party Account or associated service becomes unavailable for our access to such Third Party Account and the third party service provider terminates access to such Third Party Account, the Network Content may social is no longer available on and through the Site. You will always have the ability to disable the connection between your account on the Site and your Third Party Accounts at any time.
REMEMBER THAT YOUR RELATIONSHIP WITH THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
We will have no obligation to review any Social Network Content for any purpose, including but not limited to accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.
We will not access your email address book associated with a third party account and your list of contacts stored on your mobile device or tablet and if this were to happen it would be with your prior consent and for the sole purpose of identifying and informing you about those contacts who have also registered to use the Platform.
In case of deactivating the connection between the Site and your Third Party Account, we will make all reasonable efforts to eliminate any information stored on our servers that had been obtained through said Third Party Account, as well as the username and the profile image. that are associated with your account.
In short: Submissions are different than Contributions and they are govern by other rules.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
These Submissions are totally different that your Contributions and do not have the same rules.
12. THIRD-PARTY WEBSITE AND CONTENT
In short: If you leave the Site(s) to a third party website, i.e. to a personal site from a Creator, or to video hosted in any other platform, we have not responsibility about anything our from our Site(s).
The Site contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site.
Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services.
Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
In short: If we decide to offer advertisement in our Site(s) that would be under previous acceptance and only with third companies which has similar interests and ethics as ours. If you would like to offer your products through us, this paragraph will govern such matters.
Perhaps in the future we would allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. This would be only after previous acceptance from the every member and under prefixed circumstances, and only with ethic companies and/or related with the Creative Industries in one way or another.
If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.
We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
14. SITE MANAGEMENT
In short: EthicArts is our baby and we will take care of it against anybody that want to break the rules of the Comunidad.
We reserve the right, but not the obligation, to:
(3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
(4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
(5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
In short: We really care about your rights, specially to your right to privacy as we believe in a free internet. Please, take a look to those documents, not just in our Site(s) but in general. IT IS YOUR HUMAN RIGHT. OWN IT!
16. COPYRIGHT INFRINGEMENTS
In short: We are all Creatives and we should take care of our Intellectual Property, even more when we are part of a Creative Comunidad.
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
17. TERM AND TERMINATION
In short: This is a peaceful, honest and respectful with each other Comunidad. You are not forced to be part of it, but if you are, please be kind... and enjoy!
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
18. MODIFICATIONS AND INTERRUPTIONS
In short: we evolve with you and we could modify the Site(s) their structure, etc, in the future. As well, keep in mind that technical and human errors happens and we will solve as soon as posssible.
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site.
We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
19. GOVERNING LAW
These conditions are governed by and interpreted following the laws of Scotland (United Kingdom) and the use of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law of your country of residence.
ARCASACRA LLP and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Scotland, which means that you may make a claim to defend your consumer protection rights in regards to these Conditions of Use in the United Kingdom, or in the EU country in which you reside.
20. DISPUTE RESOLUTION
In short: we are Creative Comunidad where you can trade freely but according to the law. In case of dispute, we recommend you Informal Negotiations first and Arbitration as last resort.
Any dispute arising from the relationships between the Parties to this contract shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be Edinburgh, United Kingdom. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of the United Kingdom.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law,
(a) no arbitration shall be joined with any other proceeding;
(b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and
(c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:
(a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;
(b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and
(c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
(2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE,
(3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE,
(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR
(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
23. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In short: we offer you our Site(s) and be part of the Comunidad of Creatives, so use it freely but according to the rules. We have no responsibility for any wrong use and misinterpretation from your side tho and we will use our right to defense against any action against us, including, of course, our Comunidad.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
(1) your Contributions;
(2) use of the Site;
(5) your violation of the rights of a third party, including but not limited to intellectual property rights; or
(6) any overt harmful act toward any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
25. USER DATA
26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
27. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
In short: We will try to do our best, according to our internal rules, the law, and together to create a fair, honest and respectful Comunidad, you have your rights and responsibilities and we have our rights and responsibilities. Let's create the most beautiful Creative Comunidad ever!
We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
29. CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
119 Whitecraig Avenue
Whitecraig, East Lothian EH21 8PA Scotland
This privacy notice for ARCASACRA LLP (doing business as Arcasacra) ("Arcasacra," "we," "us," or "our"), describes how and why we collect, store, use (referred as "process") and share your information when you use our services ("Services"), such as when you:
Engage with us in other related ways - including any sales, marketing or events.
We believe in a free, non-data-selling Internet and we will never trade your personal information with any third-party company (unless you decide so) or share it without your knowledge. We will protect your data, your right to own it and your access to it at any time, and we will only use it to provide you with our best Services (as referred in our Terms of Service)
Our commitments to employees are governed by our internal Employment Policies.
In all instances we are committed to transparency with our customers and employees and to protecting your data privacy.
SUMMARY OF KEY POINTS
What personal information does Arcasacra process? When you visit, use, or navigate our Services, we process personal information depending on how you interact with Arcasacra and our Services, the choices you make, and the products and features you use. Click here to learn more.
Does Arcasacra process any sensitive personal information? We do not process sensitive personal information.
Does Arcasacra receive any information from third parties? We do not receive any information from third parties.
How Arcasacra process my information? We process your information to provide, improve, and administer our Services, to communicate with you, for security and fraud prevention, and to comply with law. We will never use your data for any other purpose without your previous acceptance. We process your information only when we have a valid legal reason to do so. Click here to learn more.
In what situations and with which parties does Arcasacra share personal information? We share information in specific situations and with specific third parties. Click here to learn more.
How do we keep your information safe? We have organizational and technical processes and procedures in place to protect your personal information. However, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Click here to learn more.
What are my rights? Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information. However, we gobernate ourselves in general by EU privacy laws, which are one of the most privacy protection-oriented on the planet. Click here to learn more.
How do I exercise my rights? The easiest way to exercise your rights is by filling out our data subject request form available here, or by contacting us. We will consider and act upon any request in accordance with applicable data protection laws.
TABLE OF CONTENTS
1. WHAT INFORMATION DO WE COLLECT?
Personal information you disclose to us.
In Short: We only collect the personal information that you provide to us and the usual automatically collected (usually anonymous)
We collect personal information that you voluntarily provide to us when you register on the Services, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us.
The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you use. The personal information we collect may include the following:
- phone numbers
- email addresses
- mailing addresses
- job titles
- contact preferences
- contact or authentication data billing addresses
- debit/credit card numbers certificates
- date of birth ("DOB")
Sensitive Information. We do not process sensitive information.
Derivative Data. Derivative Data refers to non-personally identifiable information our servers automatically collect when you access the Site, such as your IP address, your browser type, your operating system, your access times, and the pages you have viewed directly before and after accessing the Site. This information usually also includes your device name and type, your operating system, your country, your likes and replies to a post, and other interactions with the application and other users via server log files, as well as any other information you choose to provide. We only collect this data for the normal function of our services and we will never sell it or give to any other party without your consent. However, we use third party services through associate companies like Sharetribe, SiteGround so we encourage you to read their terms and conditions as stablished in our Disclaimer.
Payment Data. We collect data necessary to process your payment if you make purchases, order, return or exchange your payment instrument number (such as a credit card number), and the security code associated with your payment instrument. We store only very limited, if any, financial information that we collect. Otherwise, all payment data is stored by Stripe and Paypal, (click the names to see their Privacy Policies and contact them directly for responses to your questions).
Social Media Login Data. Since we do not agree with the Privacy Policies of the main social media networks, we do not offer the possibility of signing up through them. This could change in the future if we find any social network really committed to the privacy of its users as long as the platform we use has that functionality. This will be always explained in detail in the section called "HOW DO WE HANDLE YOUR SOCIAL LOGINS?" below.
Application Data. If you decide to use our application(s) once we release it/them, we will also may collect the following information if you choose to provide us with access or permission to:
Geolocation Information. We will request access or permission to track location-based information from your mobile device, either continuously or while you are using our mobile application(s), to provide certain location-based services. If you wish to change our access or permissions, you may do so in your device's settings.
Mobile Device Access. We will request access or permission to certain features from your mobile device for using our future app that may include your mobile device's calendar, camera, reminders, storage, and other features. If you would wish to change our access or permissions, you will be able to do so in your device's settings.
Mobile Device Data. We automatically collect device information (such as your mobile device ID, model, and manufacturer), operating system, version information and system configuration information, device and application identification numbers, browser type and version, hardware model, Internet service provider and/or mobile carrier, and Internet Protocol (IP) address (or proxy server). If you were using our application(s), we may also collect information about the phone network associated with your mobile device, your mobile device’s operating system or platform, the type of mobile device you use, your mobile device’s unique device ID, and information about the features of our application(s) you accessed.
Push Notifications. We do not request to send you push notifications regarding your account or certain features of the application(s) at the moment. If you wish to opt out from receiving these types of communications, you will be able to turn them off in your device's settings.
This information is primarily needed to maintain the security and operation of our application(s), for troubleshooting, and for our internal analytics and reporting purposes.
All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.
Information automatically collected
In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Services.
We automatically collect certain information when you visit, use, or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services, and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.
In order to improve our Services, we also collect information through cookies and similar technologies. The information we collect includes:
Log and Usage Data. Log and usage data is service-related, diagnostic, usage and performance information our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type and settings and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed on our web, searches through our site(s), and other actions you take such as which features you use), device event information (such as system activity), error reports (sometimes called "crash dumps"), and hardware settings. This is only for our internal use and we will never use it with any other purpose or sell to third parties
Device Data. We collect device data such as information about your computer, phone, tablet, or other device you use to access the Services. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier, operating system, and system configuration information. This is done automatically but we will not use it for any purpose.
Location Data. We collect location data such as information about your location, which can be either precise or imprecise if you want to service locally to your collectors. How much information we collect depends on the type and settings of the device you use to access the Services. For example, when using the future app we will use GPS and other technologies to collect geolocation data that will tell us your current location (based on your IP address). You will always be able to opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. However, if you would choose to opt out, you will not be able to use certain aspects of the Services based in geolocation.
2. HOW DO WE PROCESS YOUR INFORMATION?
In Short: We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with the law. If we process your information for other purposes this will be always with your consent.
We process your personal information for a variety of reasons, depending on how you interact with our Services, including:
To facilitate account creation and authentication and otherwise manage user accounts. We must process your information so you can create and log in to your account, as well as keep your account in working order. Your user account is what diference yourself inside our Comunidad.
To deliver and facilitate delivery of services to the members. We may process your information to provide you with the requested service. Whatever is your role in the Comunidad (Collector, Creator, Forum admin, etc) you need an account to differniciate from the other members.
To respond to user members inquiries / offer support to users members. We must process your information to respond to your inquiries and solve any potential issues you might have with the requested service.
To send administrative information to you. We process your information to send you details about our products and services (do not worry, we will not spam you), to communicate you any changes to our terms and policies, and other similar information.
To fulfill and manage your orders. We will process your information to fulfill and manage your orders, payments, returns, and exchanges made through the Services.
To enable user-to-user communications. We have to process your information if you choose to use any of the available methods that allow for communication with another user. You have to have an unique name user ID, and have access to your internet connection in order to provide you those services.
To request feedback. We process your information when necessary to request feedback and to contact you about the use of our Services. Giving feedback to us we can improve Services and create a better and more efficient Comunidad based on your demands and needs. However, this is voluntary and we intend to compensate your time and effort helping us.
To send you marketing and promotional communications. We process the personal information you send to us for marketing purposes in accordance with your marketing preferences. We will not spam you, or offer you products or services you have not requested. However, you can opt out of our marketing emails at any time. For more information, see WHAT ARE YOUR PRIVACY RIGHTS?below.
To protect our Services. We may process your information as part of our efforts to keep our Services safe and secure, including fraud monitoring and prevention. This has to be done to ensure a safe and controlled environment where you can freely trade, buy and participate in our Comunidad. We commit to keep your data safe at all times.
To identify usage trends. We may process information about how you use our Services to better understand how they are being used in order to improve them, for example how you create your profile or listings and how we can improve to make your experience easier and more productive.
To determine the effectiveness of our marketing and promotional campaigns. We process your information to better understand how to provide internal marketing and promotional campaigns about the services and products that are most relevant to you. We will not share any data to third parties without your previous agreement, and in case this happens, those third parties would be from ethic companies similar to us.
To save or protect an individual's vital interest. We will process your information when necessary to save or protect an individual’s vital interest, such as to prevent harm. This is a peaceful Comunidad and we will not tolerate any harassment, discrimination, menospreciation and, of course, we reserve the right to cancel the account to any member who do not contribute to the peaceful and right development of the Comunidad.
To mediate and resolve disputes. We need your data regarding to any disputes about agreed dates of a transaction, its price and conditions, the communication between parts, unsatisfactory inspections or delays or cancellations due to force majeure or to carry out a refund. In essence, we need the details of the transaction in order to act according and provide the best solution to any dispute.
3. WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR INFORMATION?
In Short: We only process your personal information when we believe it is necessary and we have a valid legal reason (i.e., legal basis) to do so under applicable law, like with your consent, to comply with laws, to provide you with services to enter into or fulfill our contractual obligations, to protect your rights, or to fulfill our legitimate business interests.
If you are located in the EU or UK, this section applies to you.
The General Data Protection Regulation (GDPR) and UK GDPR require us to explain the valid legal bases we rely on in order to process your personal information. As such, we may rely on the following legal bases to process your personal information:
Performance of a Contract. We process your personal information when we believe it is necessary to fulfill our contractual obligations to you, including providing our Services or at your request prior to entering into a contract with you. Our main commitment is you and you deserve the best Service possible. This is our compromise and our part of the contract.
Legitimate Interests. We process your information when we believe it is reasonably necessary to achieve our legitimate business interests and those interests do not outweigh your interests and fundamental rights and freedoms. For example, we will process your personal information for some of the purposes described in order to:
Send users information about special offers and discounts on our products and services. Do not worry, we do will not spam you and you will be always able to cancel to the newsletter and choose what kind of information you would like to receive.
Analyze how our services are used so we can improve them to engage and retain users. This analysis will be always anonymous and it will have not negative impact in how you participate in the Comunidad.
Support our marketing activities. Always with your help, we will try to offer you the best Service possible and for this, we will have to use your data. We will not spam you and you will always be able to deny or cancel your subscription to those marketing activities.
Diagnose problems and/or prevent fraudulent activities. If we receive an alert from a member from the Comunidad, we will open a ticket trying to solve this and prevent any form of fraud or ilegal activity on our Sites. We will not tolerate any form of fraud or illegal activity against other member of the Comunidad or under our name.
Understand how our users use our products and services so we can improve user experience. Our compromise with you is to provide you always with the best service possible from our side and we need to analyse how you interact with us.
Legal Obligations. We must process your information where we believe it is necessary for compliance with our legal obligations, such as to cooperate with a law enforcement body or regulatory agency, exercise or defend our legal rights, or disclose your information as evidence in any litigation in which we might be involved. We will only do that when the situation is required and as last resort to a legal action, always looking for the benefit of the Comunidad and keeping your privacy to the maximum.
If you are located in Canada, this section applies to you.
We process your information if you have given us specific permission (i.e., express consent) to use your personal information for a specific purpose, or in situations where your permission can be inferred (i.e., implied consent). You can withdraw your consent at any time. Click here to learn more.
In some exceptional cases, we can be legally permitted under applicable laws to process your information without your consent, including, for example:
If collection is clearly in the interests of an individual and consent cannot be obtained in a timely way. We will do that as the last resort possible as your privacy rights are as important to us as they should be to you.
For investigations and fraud detection and prevention. If we detect any possible fraud we will start the right actions to prevent this.
For business transactions provided certain conditions are met. A transaction is a legal bonding and it will be treated as such.
If it is contained in a witness statement and the collection is necessary to assess, process, or settle an insurance claim.
For identifying injured, ill, or deceased persons and communicating with next of kin. Under these sad circumstances we will always try to honour our members and their express will.
If we have reasonable grounds to believe an individual has been, is, or may be victim of financial abuse. One of our commitments with our Comunidad is to provide a fair marketplace for both sides and we will not tolerate any abuse regarding this matter.
If it is reasonable to expect collection and use with consent would compromise the availability or the accuracy of the information and the collection is reasonable for purposes related to investigating a breach of an agreement or a contravention of the laws of Canada or a province.
If disclosure is required to comply with a subpoena, warrant, court order, or rules of the court relating to the production of records. We will always try to protect your privacy but if the law required to do so, we will collaborate for the right law compliment always with your knowledge.
If it was produced by an individual in the course of their employment, business, or profession and the collection is consistent with the purposes for which the information was produced. You give your consent for the development of your professional activities and we will try to provide you with the right tools for that.
If the collection is solely for journalistic, artistic, or literary purposes. However, we will not allow to publish any information about you or your private data without your knowledge.
If the information is publicly available and is specified by the regulations. Any listing, comment or review are publicly accessible to anybody on the internet, so we encourage you all the time to not post or publish anything can be considered sensible for you.
4. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?
In Short: We only share information in specific situations described in this section and/or with the following third parties.
Functionality and Infrastructure Optimization: SiteGround Hosting. We have chosen this company for their reputation, strong security and service. However, we will continue improving our services and we could change this host provider in the future if they reveal themselves as non ethic or because of any other issue that conflicts the core values and ethics values of ARCASACRA.
Web and Mobile Analytics: Google Analytics. We will change this in the future as we do not agree in general with Google ethics. However, right now, it is just the only service we can use for internet analysis.
Website Hosting: Sharetribe and SiteGround. Regarding Siteground please refer to the comments above about Functionalitity and Infrastructure. We have chosen Sharetribe as marketplace providers due to their contribution to a better shared and collaborative economy.
We also need or could need to share your personal information in the following situations:
Business Transfers. In the hypothetic and unlikely situation of being forced to sell or merge the company, we would only share or transfer your information (always with your previous explicit consent) in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company. You would have the right to cancel your account with them and we will always let you know if something like this would happen.
Other Users. When you share personal information (for example, by posting comments, contributions, or other content to the Services) or otherwise interact with public areas of the Services, some of such personal information, such as your name, profile link or reviews given, may be viewed by all users and may be publicly made available outside the Services in perpetuity, so please be aware of the personal information you share on the public areas of the Services, as we are not responsible for any personal information voluntarily made public by you when using our Services.
Offer Wall. Only applicable if our application(s) would display a third-party hosted “offer wall” in the future. Such an offer wall would allow third-party advertisers to offer virtual currency, gifts, or other items to users in return for the acceptance and completion of an advertisement offer. If this would the case, we will ensure that all those third-party companies comply with the ethics and privacy standards established by ARCASACRA's Core Values. Such an offer wall would appear in our application(s) and be displayed to you based on certain data, such as your geographic area or demographic information, if you give us your consent to share this data with said third-party advertiser. In that case, you would receive any profits from the trade of your personal data minus our transaction fee of 13%. When you click on an offer wall, you would be brought to an external website belonging to other company and will leave our application(s). A unique identifier, such as your user ID, would be shared with the offer wall provider in order to prevent fraud and properly credit your account with the relevant reward. We would try our best to partner with third-party advertisers which treat your privacy in the same way we do. However, we would always recommend reading their privacy policies so you know exactly the way they treat your personal data.
6. HOW DO WE HANDLE YOUR SOCIAL LOGINS?
In Short: We do not let you choose to register or log in to our services using a social media account.
Our Services do not offer you the ability to register and log in using your third-party social media account details because we have not find any social network close to our values that we can use for this service. If Sharetribe provide us more ethic choices for this purpose we will let you know accordingly in case you would like to use that feature. In case this would happen, and you would choose to do this, we would receive certain profile information about you from your social media provider. The profile information we receive would vary depending on the social media provider concerned, but this will often include your name, email address, friends list, and profile picture, as well as other information you would choose to make public on such a social media platform.
7. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?
In Short: We have to transfer, store, and process your information in countries other than your own.
The servers we use through our hosting providers are located in the United States, United Kingdom, Netherlands, Germany, Australia and Singapore. If you are accessing our Services from outside the United States, United Kingdom, Netherlands, Germany, Australia or Singapore, please be aware that your information may be transferred to, stored, and processed by us in their facilities and by those third parties with whom we may share your personal information (see "WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?" above), in the United States, United Kingdom, EEA, and other countries.
European Commission's Standard Contractual Clauses:
We have implemented measures to protect your personal information, including by using the European Commission's Standard Contractual Clauses for transfers of personal information between our group companies and between us and our third-party providers. These clauses require all recipients to protect all personal information they process which originates from the EEA or UK in accordance with European data protection laws and regulations. Our Standard Contractual Clauses can be provided upon request. We have implemented similar appropriate safeguards with our third-party service providers and partners and further details can be provided upon request.
8. HOW LONG DO WE KEEP YOUR INFORMATION?
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
9. HOW DO WE KEEP YOUR INFORMATION SAFE?
In Short: We aim to protect your personal information through a system of organizational and technical security measures.
We and our providers Siteground and Sharetribe have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment and we encourage yourself to always use the Internet keeping in mind your privacy and personal data as a human right and use all the tools at your disposal in order to contribute to an Internet free of both anti-privacy corporations and criminal individuals.
10. WHAT ARE YOUR PRIVACY RIGHTS?
In Short: In some regions, such as the European Economic Area (EEA), United Kingdom (UK), and Canada, you have rights that allow you greater access to and control over your personal information. You have the right to review, change, or terminate your account at any time.
In some regions (like the EEA, UK, and Canada), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. You can make such a request by contacting us by using the contact details provided in the section “HOW CAN YOU CONTACT US ABOUT THIS POLICY?” below.
We will consider and act upon any request in accordance with applicable data protection laws.
If you are located in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here here.
If you are located in Switzerland, the contact details for the data protection authorities are available here.
Withdrawing your consent: If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS POLICY?" below or updating your preferences.
However, please note that this will not affect the lawfulness of the processing before its withdrawal, nor when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
Opting out of marketing and promotional communications: You can unsubscribe from our marketing and promotional communications at any time by opting out on the user's account settings, directly on the email in case of electronic communication, or by contacting us using the details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS POLICY?" below. You will then be removed from the marketing lists — however, we may still communicate with you, for example to send you service-related messages that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes.
Account Information : If you would at any time like to review or change the information in your account or terminate your account, you can:
Log in to your account settings and update your user account.
Contact us using the contact information provided.
Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our legal terms and/or comply with applicable legal requirements only during a limited amount of time as expressed above.
Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services. To opt out of interest-based advertising by advertisers on our Services visit http://www.aboutads.info/choices/.
If you have questions or comments about your privacy rights, you can email us at firstname.lastname@example.org.
11. CONTROLS FOR DO-NOT-TRACK FEATURES
12. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.
California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account with our Services, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g., backups, etc.).
The California Code of Regulations defines a "resident" as:
(1) every individual who is in the State of California for other than a temporary or transitory purpose and
(2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose
All other individuals are defined as "non-residents."
If this definition of "resident" applies to you, we must adhere to certain rights and obligations regarding your personal information.
What categories of personal information do we collect?
We have collected the following categories of personal information in the past twelve (12) months:
|A. Identifiers||Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address, and account name||YES|
|B. Personal Information categories listed in the California Customer Records Statute||Name, contact information, education, employment, employment history, and financial information||YES|
|C. Protected classification characteristics under California or federal law||Date of birth||YES|
|D. Commercial information||Transaction information, purchase history, financial details, and payment information||YES|
|E. Biometric information||Fingerprints and voiceprints||NO|
|F. Internet or other similar network activity||Browsing history, search history, online behaviour, interest data, and interactions with our and other website, applications, systems, and advertisements||YES|
|G. Geolocation data||Device location||YES|
|H. Audio, electronic, visual, thermal, olfactory, or similar information||Images and audio, video or call recording created in connection with our business activities||YES|
|I. Professional or employment-related information||Business contact details in order to provide you our services at a business level or job titile, work history, and professional qualifications if you apply for a job with us||YES|
|J. Education Information||Student records and directory information||YES|
|K. Inferences drawn from other personal information||Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics||YES|
We may also collect other personal information outside of these categories instances where you interact with us in person, online, or by phone or mail in the context of:
Receiving help through our customer support channels;
Participation in customer surveys or contests; and
Facilitation in the delivery of our Services and to respond to your inquiries.
If you are using an authorized agent to exercise your right to opt out we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.
Will your information be shared with anyone else? With your consent, we could disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Each service provider would be a for-profit entity that processes the information on our behalf.
We use your personal information only for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be "selling" of your personal information.
ARCASACRA LLP has not sold any personal information to third parties for a business or commercial purpose in the preceding twelve (12) months. ARCASACRA LLP has disclosed the following categories of personal information to third parties for a business or commercial purpose in the preceding twelve (12) months:
Category B. Personal information, as defined in the California Customer Records law, such as your name, contact information, education, employment, employment history, and financial information.
The categories of third parties to whom we disclosed personal information for a business or commercial purpose can be found under "WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?".
Your rights with respect to your personal data
Right to request deletion of the data — Request to delete
You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation, or any processing that may be required to protect against illegal activities.
Right to be informed — Request to know
Depending on the circumstances, you have a right to know:
whether we collect and use your personal information;
the categories of personal information that we collect;
the purposes for which the collected personal information is used; whether we sell your personal information to third parties;
the categories of personal information that we sold or disclosed for a business purpose;
the categories of third parties to whom the personal information was sold or disclosed for a business purpose; and
the business or commercial purpose for collecting or selling personal information.
In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.
Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights.
We will not discriminate against you if you exercise your privacy rights.
Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g., phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.
We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. However, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.
Other privacy rights
You have the right to object to the processing of your personal information.
You have the right to request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the information.
You have the right to designate an authorized agent to make a request under the CCPA on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA.
You have the right to request to opt out from future selling of your personal information to third parties. Upon receiving an opt-out request, we will act upon the request as soon as feasibly possible, but no later than fifteen (15) days from the date of the request submission.
To exercise these rights, you can contact us by email at email@example.com, or by referring to the contact details at the bottom of this document. If you have a complaint about how we handle your data, we would like to hear from you.
13. DO WE MAKE UPDATES TO THIS POLICY?
In Short: Yes, we will update this policy as necessary to stay compliant with relevant laws.
14. HOW CAN YOU CONTACT US ABOUT THIS POLICY?
If you have questions or comments about this policy, you may email us at firstname.lastname@example.org or by post to:
119 Whitecraig Avenue
Whitecraig, East Lothian EH21 8PA United Kingdom
If you are a resident in the European Economic Area, the "data controller" of your personal information is ARCASACRA LLP. ARCASACRA LLP has appointed ARCASACRA LLP to be its representative in the EEA. You can contact them directly regarding the processing of your information by ARCASACRA LLP,
by email at email@example.com,
by phone at +447707374577 (UK)
or by post to:
119 Whitecraig Avenue
Whitecraig, East Lothian EH21 8PA United Kingdom
If you are a resident in the United Kingdom, the "data controller" of your personal information is ARCASACRA LLP. ARCASACRA LLP has appointed ARCASACRA LLP to be its representative in the UK. You can contact them directly regarding the processing of your information by ARCASACRA LLP,
by email at firstname.lastname@example.org,
by phone at +447707374577 (UK)
or by post to:
119 Whitecraig Avenue
Whitecraig, East Lothian EH21 8PA Scotland
15. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?