Terms and conditions
The following version was last updated on August 28th, 2020.
CONTENT AND INTELLECTUAL PROPERTY RIGHTS
Posts on this website mainly consist of content created and owned by The re:art or content willingly provided to us by artists, curators, gallery representatives or other third party content owners via submission or by request. Therefore, The re:art and these third party content owners, properly mentioned and credited on this website, own all rights to the intellectual property and material contained in this website, and all such rights are reserved.
Except for our written, specific and explicit agreement and conditions to use the content published on the website, users are not allowed to:
– copy, distribute, publish or transfer to third parties any of the content on this website, including but not limited to texts and images used in the articles and brand identity content;
– alter the content in any other way that was originally intended by The re:art;
– transfer, sell or distribute materials by reproducing, changing or displaying the content of this website.
Users of this website are allowed to copy or share content only for personal and non-commercial purposes, subject to the restrictions provided in these Terms and Conditions.
If you are an artist or official representative of an artist and choose to submit or provide content to our website, you explicitly grant us rights to a non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media. The condition is that any submitted or provided content must be your own and must not be infringing on any third party’s rights.
Please note that we reserve the right to remove any content from this website at any time, and for any reason, without notice.
If you would like to remove work you previously submitted or provided to us, please send your request at email@example.com and we will proceed and confirm the removal as soon as possible.
If you are an owner of intellectual property and believe your intellectual property has been improperly posted or distributed via this website, please notify us at firstname.lastname@example.org and we will respond and act accordingly as soon as possible.
Since The re:art is managed by a very limited staff and due to the large amount of requests we receive on a regular basis, we kindly ask you to allow time for us to analyze, act and respond to your requests and, in case of urgent manners, feel free to send us a reminder either via the e-mail address mentioned above or our Facebook page.
The re:art is a platform created and owned by Emilia Cazan, who operates thereart.ro and can be reached at email@example.com for any issues related to this website.
This Privacy Notice informs you about the types of personal information collected through our website and how we use, share and protect that information.
In addition to our Privacy Notice, we recommend reading the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), available on eur-lex.europa.eu. This will help you better understand the GDPR related terms, conditions, as well as your rights. Learn more about the Rights of the data subject on gdpr-info.eu and contact us at firstname.lastname@example.org if you wish to exercise any of these rights.
In order to abide by the principles of GDPR:
– personal data is processed in a lawful and transparent manner, ensuring fairness towards the individuals whose personal data is being processed;
– personal data is processed based on specific purposes which we clearly state in the current Privacy Notice; only the personal data necessary to fulfill these purposes is used and for the time needed to serve this purposes;
– as much as possible, we ensure the accuracy of your personal data, correct and update any personal data we process;
– we have taken technical measures to ensure the security of your personal data and protection against unauthorised or unlawful processing, accidental loss, destruction or damage.
We also respect the legal grounds for processing data, which can be consulted on ec.europa.eu.
The data we collect, store and process, how we process it and for what purposes
We collect, store and process the following personal data:
Any personal information you voluntarily provide to us when you contact us, which may include but is not limited to your name, e-mail address, phone number, the description of your work which may refer to particular personal data.
We use this information to review your submission, create content to promote your work based on your consent, respond to your request or communicate with you about other topics that we think may be of interest to you. In regard to information you provide for us to publish on our website, this will be displayed indefinitely on thereart.ro and can be removed by request. Other personal data that do not serve the purpose of promoting your work will be used only for the time needed to address your specific request.
There may be cases when you submit personal information to participate in an event organized by us. Your data will then be used to promote your work related to this event (if you are an artist) or for registration purposes, and will be stored until all aspects related to the respective event are concluded.
Information we collect by automated means such as internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), referring/exit pages, how many users visited our website, the dates and times of website visits, and possibly the number of clicks. This information is used to analyze trends, operate the website, track user’s movement around the site, and gather demographic information. Please note that IP addresses, and other such information are not linked to any information that is personally identifiable. This data helps us improve our website and personalize your experience related to our website.
Session cookies – these are temporary and are erased when you close your browser at the end of your surfing session. The next time you visit the website it will not recognise you and will treat you as a completely new visitor as there is nothing in your browser to let the website know that you have visited before.
Persistent cookies – these remain on your hard drive until you erase them or they expire. For our website, cookies will not be retained for more than two years.
We use Google Analytics to monitor users’ activity on our website and analyze different statistics in order to improve our services and the website’s features. Read the Data Privacy and Security of Google Analytics and how you may opt out of Google Analytics.
In some cases, we may use your personal data to further our relationship with you and for other purposes, including to:
– administer and continually improve our website to offer a personalized user experience, facilitate the proper functionality of the website, manage our communication, develop new services, etc.;
– administer submissions, contests, promotions, or other features;
– verify your identity to ensure security;
– share information that we believe may interest you, based on prior communication and consent, or by sending newsletters, marketing or promotional materials and other information; you may opt out of receiving any, or all, of these communications from us by following the unsubscribe instructions provided in case of newsletters or by request at email@example.com;
– assist you or solve specific issues, based on your request.
Disclosure of personal data
We share personal data in the following situations:
– based on your express consent;
– in case of legal obligations to which we are subject;
– for the optimal operation of the website, we may transmit personal data to IT service providers, data hosting solutions providers and other providers of tools and software solutions, which only process this data in our name and based on our instructions;
– for marketing purposes, as in the case of Google Analytics or by using advertising platforms such as Facebook ads or Google ads.
We do not sell, trade, or rent users’ personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our partners, trusted affiliates and advertisers for the purposes mentioned above.
We may disclose information about you as compelled or required by law, to law enforcement authorities or other government officials, to protect or defend our legal rights, or in order to investigate, prevent or take action regarding illegal activities, suspected fraud, or violations of our Terms and Conditions or other applicable policies.
Embedded content and plug-ins
Some of the articles published on our website may include embedded content (e.g. videos, images, articles, etc.). and this type of content behaves in the exact same way as if the visitor has visited the other website. In addition, we use plug-ins related to social networks.
Links to other websites
Our website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our website does not constitute any endorsement, guarantee, or warranty of such third party websites. We do not have any control over the legal documents and privacy practices of third party websites. We do not assume any responsibility for the content, practices and privacy policies of any third party websites. Therefore, you access any such third party websites at your own risk.
We do not address people under the age of 13 and do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and are aware that your children have provided us with personal data, please contact us at firstname.lastname@example.org. If we learn that a child under 13 has provided us with personal information, we will delete such information immediately.
Although we have taken appropriate steps to ensure the safety of the website and its users, we cannot fully guarantee that unauthorized third parties will never be able to gain access to our servers and /or database. Therefore, you acknowledge that you provide your personal information at your own risk.
Any user of this website – meaning any person accessing and using this website and any page within it at any time, has the obligation to behave in a legal manner and is not allowed to use mechanisms, software apps and any such options which may cause any damage, alteration or interruption of any of the website’s functions.
If we suspect at any moment that a user behaves inappropriately or illegally, we reserve the right to restrict or suspend his access and use of the website. We also have the right to restrict or suspend access to this website at any time, for any reason and without notice, if we suspect illegal or inappropriate use of this website or the violation of these Terms and Conditions.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
Our website is currently free of use and provided “as-is”, “as available”, with “all faults”. We make no express or implied representations or warranties, of any kind related to this website or the materials contained within it. Additionally, nothing contained on this website shall be construed as providing consult or advice to you.
We reserve the right to change any and all content and features of our website, at any time without notice.
Our website may be temporarily unavailable from time to time for maintenance or other reasons Although all possible measures available will be considered to avoid and solve any errors related to the use of this website and display of its content as soon as possible, we assume no responsibility for any technical issues, communication failures and other such problems, including damage to anyone’s device, related to or resulting from using or downloading materials in connection with our website.
We cannot guarantee and do not promise any specific results from the use of our website. Although actions will constantly be taken to ensure that data on this website is accurate, complete, correct and reliable, we cannot warrant that all information at any time complies to this or is bug/error-free.
Finally, since the Internet is not a fully secure place, we advise you to use industry-recognized programs for virus detection, protection and removal.
In no event shall The re:art, nor any of its representatives and staff members, be liable to you for anything arising out of or in any way connected with your use of the website, whether such liability is under contract, tort or otherwise, and not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this website.
You hereby indemnify to the fullest extent The re:art from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms and Conditions.
For the use of this website and these Terms and Conditions, the governing law is the Romanian law. Any disputes related to this website and the Terms and Conditions will be solved amiably or, if this is not possible, the resolution of disputes will be addressed by the competent Romanian courts. In addition, you agree to submit to the personal jurisdiction and venue of such courts.