Gallerist: Terms and Conditions of Service

Privacy Policy in accordance with Articles 13 and 14 of EU Regulation 2016/679

Last updated on January 29th, 2019

This page describes the methods and logic of personal data treatment for users of the www.gallerist.it website (henceforth, the “Website”).

This Privacy Policy information is provided in accordance with Articles 13 and 14 of EU Regulation UE n. 2016/679 – to all users who, through their interaction with the Website, give access to their own personal data.

The Proprietor of the data treatment is App Time Soluzioni Digitali S.r.l., in the person of its  interim legal representative, the headquarters of which are registered in Via  Groenlandia  n. 5 – ZIP 00144 – Roma (Italy), P.IVA (VAT identification n.) 13963641009, email support@gallerist.it.

By making use of this Website, users automatically accept this privacy policy and are therefore urged to read it before they give access to any kind of personal information.

By registering to and/or using the Gallerist application and the Services it provides, users declare to have read and to accept the terms and condition provided by this Policy information. Should the user not agree with these terms, they must not register nor make use of the Services provided.  

Data Gathering and Aims of Treatment

  • Data voluntarily provided by Users during the account registration procedure or through the use of Services
  • The data requested at the time of subscription and marked with an asterisk, including biographical and contact information, are necessary to complete the subscription procedure and to enjoy the use of the required services; without supplying this data, it is impossible to make use of the services provided by Gallerist.

You may subscribe by connecting your Gallerist account to one of your social media profiles. These social media may, in turn, allow Gallerist to automatically access some of your personal information in their possession. As a user, you have the faculty to control the personal information you give access to through the privacy settings available on social media.  By linking your Gallerist account to other accounts managed by social media, you consent to the acquisition, use and conservation of the information provided by these social media, in accordance with this Privacy Policy. If you choose to make use of Services provided by Third parties for the purpose of creating your account, we advise you to read the privacy policy information provided by social media platforms:

Services of consultation, publication and trade of images and video supplied through the platform entail the necessary treatment by our Company of some personal data (i.e. those related to the devices used, information connected to the preferred means of payment, acquired or published content, and judgment expressed by users) that affect you.

The Services supplied by Gallerist may entail the reception of suggestions by the Platform. Such suggestions may be based on previous choices in sale or purchase. You may at any time chose to oppose this treatment by contacting the Proprietor at the following address: APP TIME S.r.l. – Via Groenlandia 5 – ZIP 00144 – Roma (Italy). You may also write an email to support@gallerist.it. Exercising this right may prevent you from making use of the Services offered by the Gallerist platform.

 

  • Through the Website it is possible to send requests and messages via the contact address provided at the time of registration. Supplying this data is mandatory and necessary to answer requests as well as to contact the sender in order to obtain more information on their communication. Data treatment pertaining to this aim is carried out with the interested party’s consent.
  • Users may also subscribe to a newsletter that will be sent via email to those who expressly request it, by filling out the appropriate form on the website and allowing the company to access their personal data. The supply of data is optional. A refusal to supply the necessary data will prevent users from accessing the newsletter service. Should a user wish to stop receiving the newsletter, they may at any time end their subscription by writing an email to support@gallerist.it.

Data treatment pertaining to this aim is carried out with the interested party’s consent.

Browsing Data

IT systems and software procedures used to operate this Application, both while browsing and when creating user accounts, as well as when carrying out financial transactions, acquire some personal data whose transmission is entailed by the use of web communication protocols   [for example IP addresses or domain names of devices through which the Users connect to the platform,  URIs (Uniform Resources Identifiers) of requested sources, System Logs, id or unique device identifier, type of device]. Such data is employed with the sole purpose of obtaining anonymous statistical information on the use of the Application and its supporting website, as well as to ensure that they are functioning correctly. Such information is not gathered in order to identify the interested parties, although it cannot be ruled out that Users may be identified through the routine process of elaboration and cross-referencing with data in the possession of third parties. The data in question may be used to ascertain responsibility in the event of computer-related crimes jeopardizing the Application and/or its supporting website: except for this possibility, the data in question is retained for no longer than the time strictly necessary to allow for User activities on the platform. The supply of such data is necessary for the subscription and use of the Application, as well as to make use of its Services and to ensure the correct functioning of web pages and their content. In this case, data treatment is rooted in the Proprietor’s legitimate interest.  

Cookies

Cookies are small text files sent by the Website, at the time of browsing, to the user’s terminal equipment, where they are stored in order to be re-transmitted to the same website during the following visit.

The Website makes use of:

Session Cookies

The use of so-called Session Cookies (cookies that are not permanently stored on the user’s computer and disappear when the browser is closed) is strictly limited to the transmission of session identifiers (made of random server-generated numbers) necessary to allow for a safe and efficient use of the website.

The so-called session cookies used on this website help avoid other information techniques that may jeopardize users’ browsing privacy. This type of cookies do not permit access to users’ personal I.D. data, and user consent is not necessary to their use.

Third Party Cookies

While browsing the Website, Users may receive third-party cookies, such as cookies from websites, social media and external platforms of third-party companies used for advertising purposes, among others. Should the user consent to receiving cookies from third-party companies, future communication from them will be more closely aligned to the User’s preferences.

The following is a list of cookies from third parties and of links to give consent to their installation. Should the user not make any choice but decide to carry on browsing the Website, they will automatically consent to the use of cookies.

Google Analytics

Google Analytics cookies allow the Website to generate information on the visitors’ interaction with websites. The information memorized by these cookies does not allow for the Users’ personal identification.

Google Analytics-generated data are stored by Google, as described in the policy found at the following link: https://support.google.com/analytics/answer/6004245?hl=it

The user may selectively deactivate the action of  Google Analytics by installing on their browser the opt-out component provided by Google. Information to deactivate the action of  Google Analytics can be found at the following link: https://tools.google.com/dlpage/gaoptout

Cookie Management and Elimination

Users have the option to set their devices so as to accept all cookies, be notified when a cookie is sent or not receive any cookies at all.

In order to optimize cookie management, activation and deactivation according to your preferred browser, we invite you to click on the following links to visit the help centers of the most popular web browsers: Internet ExplorerSafariChrome, FirefoxOpera.

For more information on cookies and targeted advertising, you may also visit  www.youronlinechoices.eu and www.allaboutcookies.org.

Geolocation Data

When using the Services provided by the Gallerist Application, you may at any time decide to make use of geolocation services. Should you decide to make use of geolocation services, the Proprietor will be able to treat the relevant location data.

In order to treat your data we need your explicit consent, or we will not be able to provide you with the required service.

During the Contract’s performance we may also acquire further data, strictly connected and pertinent to the supply of the required Services (data included in reports, complaints etc.). We may also implement systems aiming to ascertain that users do not tamper with the Platform’s functioning mechanism; this may include monitoring private messages between them.  

Without your explicit consent, we may use your email address to send commercial communication pertaining to our services and to sales, discounts and offers reserved to you; you may at any time refuse to receive such messages by following the procedure described in each communication, or by writing an email to support@gallerist.it.

With your explicit consent, we may also use your phone number and home address for marketing purposes, including sending advertising or promotional material, conveying commercial offers and carrying out market surveys.

The treatment of your data is aimed to:

  1. The supply, management and control of Services provided through the Gallerist Application, as described in the general terms and conditions of services, namely to improve the Services by providing registered Users with a personalized experience;
  2. Sending emails to inform Users about new initiatives or commercial offers connected to services already in use;
  3. Contacting the User to solve issues connected to their account or controversies that may arise with third parties, or to claim commission or amounts due, or to ask for feedback on the use of the Application;
  4. Fulfilling the obligations provided for by the applicable laws, rules and UE regulations, as well as the provisions of authorities legitimized by law and of organs of vigilance and control, supplying data and assistance in the event of investigations;
  5. Ascertaining that the User is fulfilling contractual obligations;
  6. Only sending commercial messages after receiving the User’s explicit consent.

Personal data will be treated by employees, consultants and collaborators of the Proprietor, who will each time be appointed as Representatives in charge of the treatment.

In order to treat your data correctly, we may select one or more individuals as Responsible for the treatment as provided for by art. 28 of EU regulation 2016/679.

You may at any time request the complete list of Responsible Representatives appointed each time by our Company, by writing to the aforementioned address.

Data Treatment Methods

Data will be treated both manually and with the help of electronic tools. All necessary management and technological safety measures provided for by current regulations will be adopted to safeguard against any unauthorized access, theft, accidental loss or other unauthorized treatment of data.

Data Communication and Circulation

In order to supply its Services correctly, our Company will circulate on its Platform the following personal data:

  • User name and profile picture;
  • Images uploaded by Users onto the Platform.

In order to supply the required Service, we will also share with other interested Users the data necessary to carry out transactions correctly.

For a correct performance of the Contract, we may also enlist the help of third parties (e.g. for IT maintenance, management of transactions and payment through the Platform etc.) Such parties may have limited access to some personal information solely for the purpose of carrying out these jobs in our stead, under our direct control, and under the obligation of never disclosing them nor using them for other purposes.

In the event of sale or lease of our firm, as well as of merging, incorporating or division of our Company, your data may be divulged to buyers or tenants of the firm, or to the entities resulting from the merging, incorporating or division, in order to allow for a continuation of the relationship.

Your Rights

You may at any time exercise your rights as provided for by art. 15 and following of EU Regulation 2016/679 (including, for example, the right to obtain confirmation of the existence of data and their communication in an intelligible form, the indication of data origin, their purpose and method of treatment, the correction or integration of data, their cancellation, the anonymous transformation or blockage of personal data that have been treated in violation of the law, and the right to wholly or partly oppose their use).

In order to exercise your rights you may write to our headquarters by ordinary post or contact us at  support@gallerist.it.

You also have the right to lodge a complaint with the Guarantor, as the supervising authority, should you feel that the treatment of your personal data violates the current regulations.

Data Storage

Your data will be stored in our data centers located in Italy and will not be transferred outside of the European Union.

The data will remain in storage for as long as your account is active, in order to supply you with the required services. We may also keep data after that time, only if this should prove necessary to the performance of the Contract (e.g. for invoicing purposes), to fulfill lawful obligations, to safeguard our rights, to solve controversies with Users or third parties; your data, however, will not be kept beyond the time necessary to carry out these operations.

If you have given your consent to marketing activities, we will use your data for a further 12 months after your account has been closed,  however you have the right to oppose the use of your data for this purpose at any time.

Data pertaining to communications sent to the proprietor will be kept for as long as they will be strictly necessary to answer the relevant requests.

Data pertaining to the sending of newsletters will be kept until the interested party demands to cancel their subscription.

Cookie-related data will be erased after 7 days.

In any case, at the end of the storage period, we will take the necessary step to permanently erase your data or make them anonymous.

Third Party Rights

It is expressly forbidden to use the Platform for the publication or circulation of Users’ private data. We also remind you that it is forbidden to use our Services to publish, communicate, share or in any other way treat personal data (information, news, images, video, etc.) belonging to third parties who have not given their explicit consent to this form of treatment.

Changes in Privacy Policy

We reserve the right to modify this privacy policy at any time, by publishing the updated version and changing the “Last Update” date at the top of this document. We will also give prior notice of the date when the new terms and conditions are enforced. Should you not agree with the new Privacy Policy Information, you may choose to cancel your account. The use of our services after the set date will entail your full agreement with the new privacy policy information.

The following General Terms and Conditions of Use regulate the relationship between APP TIME Soluzioni Digitali S.r.l., a company established under Italian law with registered headquarters in Via Groenlandia n. 5 – ZIP 00144 – Roma (Italy), P.IVA (VAT identification number) 13963641009, email address support@gallerist.it (hereinafter referred to as the “Supplier or Proprietor”) operator of the Gallerist Platform (hereinafter referred to as “Gallerist” o “Platform”), and the users of the Services provided by the Gallerist Platform (hereinafter referred to as “Users”).

Gallerist is a Platform providing to natural persons (the Users) a service – subject to registration – which allows them to upload, download, share and trade digital content, such as pictures and videos owned by the Users themselves and by them organized into Galleries, as well as illustrations and graphics (hereinafter referred to as “Content”). It is worth noting that Gallerist does not own any of the content uploaded by its Users, nor does it exercise any control on it.

Before you register to use the Services provided by Gallerist, we invite you to carefully read the following General Terms and Conditions of Use and the Privacy Policy Information for Users as well as the other rules of the Platform. Indeed, by registering and making use of its Services, users accept without reservations the following General Terms and Conditions of Use, as well as the Privacy Policy and all other rules of the Platform. If you do not accept our General Terms and Conditions of Use, you will not be able to make use of our Services.

1. AIMS OF THE PLATFORM AND HOW IT WORKS
Gallerist is a platform which allows its Users, upon registration, to upload and download digital content, such as pictures, videos, illustrations and graphics, each accompanied by a brief description.
Namely, Users will be able to decide:
– as “User Sellers”, to license their Content to other registered Users, upon payment of the relevant licensing fee;
– as “User Buyers”, to buy the licensing agreement of the loaded Contents upon payment of a fixed price when in the “Selling” mode, or by bidding when in the “Auction”/”Buy Now” mode.
All Users may access free of charge the content published by “User Sellers” in the “Showcased” section of the Platform.

1.1.Gallerist does not in any way own the Content sold or purchased through its Platform, nor does it transfer the relevant content ownership from seller to buyer. Gallerist performs no role and is not in any way involved in the trade between its Users.
1.2.Each User will be able, in particular, to upload their Content onto the Platform and organize it into Galleries, and will be able to publish it using the space provided by Gallerist, choosing one of the following methods:
a) “Showcased”: by uploading their Content with this method, a registered User decides to make it available, free of charge, to anyone accessing the Platform. Based on the number of times a single image is downloaded, the User who published the content will obtain a payment, subject to the prior inclusion of the seller’s Paypal’s account. All registered Users publishing their images in “Showcased” mode will be offered a subscription allowing them to download the Content uploaded by other Users, as detailed below in point 5;

b) “Selling”: a registered User will be able to sell the license of use for their published Content, by including a brief description of it and establishing a number of parameters, such as price, type and duration of license;

“Auction” or “Buy Now”: a registered User will be able to sell their published Content, by including a brief description of it and establishing a number of parameters, such as a starting auction price or a price for immediate purchase, type and duration of license, and closing auction time. By choosing the Auction method, User Sellers will not be allowed to remove the published Content that is being auctioned. Should their auction close without bids, the User will once more be free to dispose of their Content. When Content is published in Auction mode, other Users will be able to see it and bid on it. By using the Buy Now method, Users will be able to buy the auctioned Content and terminate the auction, following the conditions specified on the page pertaining to the single Content.

Any images uploaded by Users following the b) and c) methods will appear in such a way to prevent their download and unauthorized reproduction (i.e. in degraded mode).

1.3.Whenever a User, having created or uploaded their content, decides to sell its license of use in “Selling” or “Auction”/”Buy Now” mode, they will be given the option to choose between one of the following types of license:
a) License of use for non-commercial purposes: the content will be licensed exclusively/non-exclusively, for a limited/unlimited amount of time, worldwide; its use will be allowed for non-commercial purposes only, and it will not be possible to create any derivative work;

b) License of use for non-commercial purposes and derivative work: the content will be licensed exclusively/non-exclusively, for a limited/unlimited amount of time, worldwide; its use will be allowed for non-commercial purposes only, and it will be possible to create derivative work;

c) License of use for commercial purposes: the content will be licensed exclusively/non-exclusively, for a limited/unlimited amount of time, worldwide; its use will be allowed for commercial as well as non-commercial purposes, and it will not be possible to create any derivative work.

d) License of use for commercial purposes and derivative work: the content will be licensed exclusively/non-exclusively, for a limited/unlimited amount of time, worldwide; its use will be allowed for commercial as well as non-commercial purposes, and it will be possible to create derivative work.

1.4.By creating or uploading their content in “Showcased” mode, the User automatically license it non-exclusively, for an unlimited amount of time, worldwide; content use will be allowed for commercial as well as non-commercial purposes.
1.5.When creating content, the User will have the option to use geolocation to pinpoint the place where their photo has been shot.
1.6.Gallerist will provide all content uploaded to its Platform with a visible or invisible digital watermark, allowing to trace its author and identify the rights of use made available to Users.
1.7.Once a content transaction is closed and the relative price is paid, User Buyers will be allowed to utilize the purchased content according to the terms and conditions of the pertaining license of use.
1.8.Users wishing to sell their content’s license of use will be able to obtain suggestions from the platform, which may be based on previously chosen and purchased Content. The results may vary for each single search. In order to improve Users’ purchasing experience, suggestions may be excluded from some search results, regardless of the display criteria chosen by the buyer.
1.9.Once a license purchase transaction is closed, User Buyers will have the option to leave User Sellers their feedback, by using the appropriate tool available on the Gallerist Platform.
1.10. Gallerist reserves the right to organize contests aimed to its User Seller subscribers, either independently or in collaboration with sponsors and partners. The execution of such contests and the awarding of the relevant prizes will be disciplined by ad-hoc regulations published on the Platform.
2. CONCLUSION OF THE AGREEMENT AND USER ACCOUNT
2.1. Access to the main Services provided by the Gallerist Platform is subject to the opening of a personal User account, by filling out the form made available by the Provider. Upon activation, the User will be asked to explicitly agree with the content of these General Terms and Conditions of Use, and to consent to the treatment of their own personal data, in accordance with the Privacy Policy Information. Once filled out and sent, the form constitutes a valid proposal by the User to the Provider for the activation of the account; the Provider reserves the right to accept the User proposal at its own discretion, by sending an email confirming the account’s activation to the address provided by the User.
2.2.The contact details provided by the User upon registration will constitute the main channel to give and receive messages from both the Platform and other Users. In this regard, in order to facilitate the provision of the service itself, it cannot be ruled out that the same contact details are made available to other Users.
2.3.Our Service is restricted to users over 18 years of age.
2.4.User accounts are strictly personal. The User will not be allowed to employ a third party’s account to use the Services provided by Gallerist, nor to give away to third parties the credentials chosen when activating their own account. In any case, a registered User will be held accountable for any activity performed through their account, which will be protected by a personal password chosen by the User themselves upon registration. Should they detect violations or any unauthorized use of their credentials and account, the User must notify the Provider immediately so that it may carry out the proper checks and adopt the necessary steps, including deactivating the account if necessary. Any communication may be sent to support@gallerist.it, or by writing to APP TIME Soluzioni Digitali S.r.l., Via Groenlandia n. 5 – ZIP 00144 – Roma (Italy).
2.5.After registration, in order to upload their Content, the User must provide all information requested by the Platform.
2.6.Users wishing to use the Platform for commercial purposes will be obliged to comply with the applicable legislation on online sales.
3. USER OBLIGATIONS
3.1.Upon accepting these General Conditions of Use, the User commits to:
a) refraining from any behavior, even through the upload and publishing of Contents, that may violate laws, regulations, and guidelines, as well as these General Terms and Conditions of Use, and from behaviors inciting to hate, violence and/or discrimination, or that may be regarded as vulgar, offensive or harmful to someone else’s honor and reputation, or that are contrary to public order and the accepted principles of morality;

b) refraining from any conduct that may cause harm to the Platform and its Services, and/or that may damage and/or limit its use by other Users;

c) not disabling, harming or in any way interfering with the protective measures established for the use of Services and Content provided by the Platform, made available by Gallerist or by other Users;

d) granting the Gallerist Platform a non-exclusive, free, worldwide, irrevocable license, for an unlimited amount of time, on all Content uploaded or published, so that the Platform may provide its Service correctly;

e) refraining from any commercial and/or promotional behavior, aimed to their own or someone else’s financial gain, outside of the Service provided by Platform;

f) refraining from any behavior, including the sale or publishing of Content, that may violate someone else’s rights, whether they be Users of the platform or not, including, but not limited to, intellectual or industrial ownership rights, name or image rights, and privacy data treatment rights;

g) not making unauthorized use of Content published by other Users, thus violating these General Terms and Conditions of Use;

h) paying for purchased Content, using the methods established by the Platform;

i) not manipulating the price of for-sale Content, including fake bidding or interfering with other Users’ postings;

j) not publishing false, incorrect, misleading, defamatory or slandering comments or data;

k) not leaving false Feedback, aimed to destabilize the system established by the Platform;

l) not transferring their access credentials and their own Gallerist account to third parties;

m) refraining from publishing, even in the space allowed for Content description, any spam, chain or pyramid scheme messages;

n) not using other Users’ contact information for anything other than carrying out a specific transaction on the Gallerist platform, including, but not limited to advertisement, unless Users have given their explicit consent to receive such material;

o) not spreading viruses, or any other technology aimed to directly or indirectly disrupt the Platform, its Services or other Users;

p) refraining from using automatic tools of any kind to access the Platform Services, and not overloading the system in an unreasonable and disproportionate manner, thus affecting the provision of Services;

q) not copying, modifying or spreading the rights or content of the Platform, thus violating Gallerist’s intellectual property rights and trademarks;

r) not copying, reproducing, decompiling, modifying or creating works derived from the Gallerist Platform or the Content it publishes without prior authorization by Gallerist or other subjects;

s) not commercializing any application imitating or providing one or more Services that are identical to those offered by the Platform;

t) complying with the applicable laws and regulations pertaining to the sale and purchase of Content at an international level.

3.2.In case of violation of any one of the aforementioned points, the Proprietor reserves the rights to adopt, at its own discretion, any step regarded as appropriate, including both the immediate suspension and/or cancellation of a User account, and the removal of Content uploaded by the User on the Platform, in compliance with point 7.2.
3.3.The Platform also reserves the right to delete any unconfirmed accounts or accounts that have been inactive for a long period of time.
4. FINANCIAL CONDITIONS
4.1.The creation of an account on the Gallerist platform is free of charge.
4.2.However, by choosing to license their Content and accepting these General Terms and Conditions of Use, User Sellers allow the Provider to retain a percentage of 18,00% on the whole sum made by the sale through PayPal, as a charge for the Service provided, in addition to the transaction fee requested by the payment Platform PayPal.
4.3.The Provider reserves the right to modify the fees for the Services provided, allowing 14 days for communication before the new fees are applied. Users who do not accept the modified fees should close their account before this period.
4.4.Professional Users commit to issue any documents required by the applicable fiscal legislation; the money transfer carried out by Gallerist will constitute proof of payment.
5. MEMBERSHIP SUBSCRIPTION
5.1.By subscribing to a monthly membership, Users will be allowed to download images uploaded by other Users in “Showcased” mode. Membership is valid for one month starting from the subscription date, and will automatically be renewed upon expiration. Users wishing to end their subscription will be able to ask for membership deactivation by selecting the “Membership” key found in the “Subscriptions” section.
5.2.Users may subscribe to different memberships, each related to a given number of downloads. Prices can be found on the appropriate list, published in the “Subscriptions” section, from the middle button on the bottom bar of the APP Gallerist.
5.3.The Provider will issue a monthly invoice to Users subscribing to memberships.
5.4.Users subscribing to membership allow the Provider to retain a percentage of 50% as compensation for the service provided. The remaining amount will be divided among all the Users who uploaded their Content in the “Showcased” section, in proportion to the number of downloads of their images.
5.5.The amount will be charged periodically on the User’s PayPal account upon reaching the minimal threshold of euro 3,00 (three/00). The inclusion of a PayPal account is a prerequisite to receiving this payment.
5.6. Users who have not reached the minimal threshold will be paid their total amount on December 31st of each year.
6. CONTENT USE
6.1.In order to facilitate a correct provision of Service, any Content made available to Users through the Platform, such as logos and trademarks, belongs exclusively to the Provider, that is to say it is licensed to the Provider by right holders; such Content should be therefore regarded as safeguarded by the current legislation on copyright and industrial property.
6.2.As the holder of a Gallerist account, any User will be able to create, upload and share Content with other Users (such as their own photos, videos, Galleries, illustrations and graphics), as well as the comments used to describe them. The User is aware that the uploading and sharing of Content will make it visible to other Users of the Platform, and that it will therefore not be regarded as confidential. They are also aware that, through the Services provided, content or material uploaded by themselves or by other Users will be made visible; The User understands that they may regard such content as inaccurate, offensive, indecent or unpleasant, and they hereby waive any legal action or remedy against the Provider.
6.3.The Proprietor will not in any way acquire the ownership of Content uploaded by the User.
6.4.The User will be allowed to download Content and become its legitimate license holder, securing this title through one of the methods offered by the Gallerist platform: “Selling”, “Auction”/”Buy Now”.
6.5.By uploading Content to the Gallerist platform, the User declares and pledges:
a) to be the only owner of the uploaded Content and/or to hold the necessary licenses, rights and consent forms for the publication and diffusion of content, even involving third parties;

b) that the Content uploaded through the Platform does not violate ownership or personal rights of third parties, such as moral rights, image rights, honor, decency and/or reputation and/or confidentiality, copyrights, privacy data rights, nor does it have paedo-pornographic content or content inciting to hatred, violence or discrimination, or which may otherwise be against the law or public order.

c) that the uploaded Content is in line with the Service aims and does not pertain to the diffusion of advertising or proselytism materials; the spreading of viruses, malware or other files that may violate and/or harm the safety and integrity of computing systems and equipment used to employ the System.

6.6.The Provider reserves the right to block the availability of user-uploaded Content on the Platform or to delete it, even without prior notice, should it violate its Terms of Use. The User is aware that the publication of Content does not imply its approval or support by the Provider, neither does it free the User from their responsibility for the uploaded Content and for the license rights granted to the Proprietor.
6.7.The User will be the only one responsible for the Content uploaded on their account, and for any responsibilities and consequences derived from uploading and/or sharing it on the Platform.
6.8.The User grants other Platform Users the right to access, copy, see and use their Content within the limits allowed from each time by the Service functions, and always in compliance with the Terms of Use.
6.9.The User grants the Provider a free and irrevocable license to publish on social media and on its website the Content uploaded onto the “Showcased” section, with the aim to promote the Application. The Provider may choose at its own discretion the content to be published on its channels.
6.10. Should a User decide to sell their Content in “Selling” mode, they will be able to remove it at any time. In the case of “Auction”/”Buy Now” mode, the User commits to keeping their Content in the same mode until the pre-determined period has expired, and will be able to remove it only as long as there has been no purchase request or bid by other Users of the platform.
6.11. Once Content is removed, neither the Provider nor other Users will be able to visualize it through the Services; the User, however, is aware that any Content shared with other Users may have been copied and reproduced for purposes and in ways outside of the Provider’s control; the latter, therefore, will not be considered responsible for the use of the User’s Content by third parties before or after its removal from the Platform.
7. TERMINATION OF RELATIONSHIP, SUSPENSION OR CLOSING OF THE ACCOUNT
7.1.Should the Provider, at its own and exclusive discretion, ascertain that the registered User has violated one or more of the provisions outlined in these Terms of Use, it will have the option to immediately terminate the contractual relationship with the User by preventing further access to the services provided through the suspension or termination of the User’s account, without prejudice to the right to compensation for damages.
7.2.The Proprietor may adopt the aforementioned measures without prior notice if:
– the User has failed to fulfill the provisions stated in art. 3;
– the User has received such a high amount of negative feedback as to compromise their reliability;
– the User has carried out actions that may lead to issues or legal responsibilities for Gallerist or for other Users;
– Gallerist has reasonable grounds to suspect that the User is violating the rights of third parties, having received the kind of reports described in art. 8.
7.3.Should the User decide to terminate their own account, they will receive the sum they earned from their content’s downloads, even if it should not reach the minimum threshold of € 3.00 (three / 00).
8. NOTIFICATION OF VIOLATION OF THIRD PARTY RIGHTS, SUSPENSION OR REMOVAL OF CONTENT
8.1.Should the User or any third party find that their rights have been violated, for example (but not limited to) their intellectual or industrial property rights, the right to name and image, the right to the correct treatment of personal data, or an offence to public decency or to other people’s honor or reputation, they can report the abuse through the appropriate tool placed by the proprietor next to the content, or by reporting the violation in an email to support@gallerist.it.
In this case, having been notified about abuse concerning the Content uploaded by a User, the Proprietor may, at its own discretion, take steps to immediately suspend the content uploaded on the Platform by the User.
8.2.To support their claim of violation, the User must prsupplyovide, at the Provider’s request, the following basic information:
a) a description of the flagged works and/or material, including the necessary information to help the Proprietor identify it;
b) a description of the rights that are assumed to be violated, including documents that prove the actual ownership of such rights.
8.3.The Proprietor may forward the received communication to the User concerned by the report. They will then have ten days to reply with their own observations to the email address indicated at point 1.
8.4.If the report does not appear to be manifestly unfounded, the Proprietor reserves the right, as a precautionary measure, to suspend the flagged content even before receiving the other User’s reply, until the dispute is resolved.
8.5.If a reply is not sent or is deemed insufficient, the Proprietor will have the right to remove the Content and possibly act to claim damages.
9. DISPUTES IN TRANSACTIONS BETWEEN USERS
9.1.Transactions agreed upon by Users on the Platform are carried out, managed and regulated exclusively between them. The Provider will not be responsible for any receivables or requests made by Users against other users of the Platform.
9.2.Should any dispute arise in the course of a transaction between Users, Gallerist – following a report by the User – may take any measures it deems appropriate, including the suspension of payment of the amount to the seller.

10. WARRANTIES AND INDEMNITIES
10.1. The User accepts that the Provider and its employees are not liable and will be indemnified from any damage claims, including legal fees, promoted by third parties for any damage, loss or responsibility that may derive from an improper use of the Gallerist Services or from the violation of any law or provision of these General Terms and Conditions of Use, rights of third parties, and in particular:
a) from false statements made by the User at the time of registration or upon accepting these Terms of Use;
b) from error or negligence of the User-uploaded Contents, even if it should affect the rights of third parties or other Users;
c) from the upload or access to Contents and use of Services;
d) from the unauthorized use of accounts and credentials;
e) from the violation on the User’s part of one of the provisions of these Terms of Use;
f) from the violation of intellectual or industrial property rights of third parties or of other Users;
g) from the publication of defamatory and offensive or illegal content;
10.2. Gallerist seeks to keep its Services secure and well-running, but cannot guarantee the continuous functioning or access to its Services. Offers, updates, and other notification features in the Gallerist services may not work in real time because they often depend on delays beyond the control of Gallerist.
10.3. The Proprietor will not be in any case held responsible for damages that may arise:
a) from the interruption or termination of the Service transmission;

b) from the presence of platform bugs, viruses or malware.

c) from consequences, whether they be losses or lost earnings, connected to the suspension and/or closure of the account or suspension and/or removal of content and/or to the use or inability to use the Services on the User’s part and from price information.

11. SERVICE MODIFICATIONS AND GENERAL CONDITIONS OF USE
11.1. The Provider will be free at any time to change the contents and functionality of its Services, as well as to permanently discontinue their delivery without the User being able to advance any claim against Gallerist.
11.2. The Provider also reserves the right to suspend the provision of the Services in order to carry out maintenance/updating operations; in such cases the User will be notified in advance of the scheduled interventions.
11.3. The Proprietor reserves the right to modify the General Conditions of Use of the Platform by communicating the changes to the email address provided by the User with at least 15 days’ notice. Failure to withdraw before the end of the notice period implies an acceptance of the new Terms of Use.
11.4. It is understood between all Parties that the aforementioned changes will have no effect on already-expired relationships.
12. RELATIONSHIP TERMINATION AND DURATION.
12.1. The relationship between Provider and User is understood to last for an unlimited period, subject to termination in accordance with the following provisions and without prejudice to any transaction in progress.
12.2. The User will have the right to request the deactivation of the Service at any time by sending an email to support@gallerist.it with the subject “delete account” and specification of their account in the text of the mail.
12.3. The User Buyer will have the right to request the deactivation of the Service at any time by sending an email as indicated in point (12.2). Deactivation of Service will result in the immediate closure of their account and, from that moment, the User will be prevented from accessing the contents of their account, which will be immediately removed. It is therefore best to download any purchased content before requesting the Service deactivation.
12.4. The User Seller will be entitled to deactivate the Service at any time by sending an email as indicated in point (12.2). However, different case scenarios must be outlined depending on whether the User Seller is selling Content with one of the following methods:
– Selling: the request to deactivate the service will result in the immediate closure of the account and the removal of any content present in the User profile, except the transactions for which payment has already been received;
– Auction / Buy Now: the request to deactivate the service and close the relevant account removing all content from the User profile cannot be accepted until the Auction is finished.
– Showcased: the request to deactivate the Service will not result in a removal of content uploaded onto the Platform.
13. HYPERTEXTUAL CONNECTIONS
13.1. The Platform may contain hypertext links to websites, resources and services provided independently by third parties on which the Provider does not exercise nor is required to exercise any control, be it preventive or subsequent, and to which these terms of use and the Supplier’s Privacy Policy do not apply; the provider denies any liability for possible damages deriving from the functioning, visualization and/or use of such websites, resources or services.
13.2. The content to which the hypertext links are connected is in no way sponsored, shared and/or supported by the Provider, unless it is otherwise evident from the context.
14. APPLICABLE LAW AND COMPETENT COURT
14.1. These Terms of Use are regulated and must be interpreted in accordance with Italian law, without prejudice to the application of the mandatory provisions for the protection of consumers established by the national legislation of the European Union in which the user habitually resides.
14.2. The User accepts the jurisdiction of the Court of Rome, without prejudice to their right to act in their capacity as a consumer before the Court of the place where they reside.
15. PRIVACY POLICY
15.1. In compliance with the provisions of EU Regulation 2016/679, all data collected by the Proprietor as part of the provision of the Services will be processed for the purposes and with the tools described in the Privacy Policy Information made available at this Privacy Policy address, which the User declares to have read and agreed with at the time of registration and acceptance of these General Terms and Conditions of Use.
16. MISCELLANEOUS
16.1. Gallerist and its Users act in complete autonomy and independence. This Agreement does not create between them any relationship of collaboration, agency, association, intermediation or subordinate employment. The agreement between the Parties is not meant to establish a relationship of joint venture, agency, representation or association, nor is the User authorized to act in the name and/or on behalf of the Proprietor by virtue of this agreement.
16.2. Given the strictly personal nature of the User’s account, the latter is expressly forbidden to transfer its contract or the deriving rights and obligations to third parties.
16.3. This document and the documents it refers constitute the entire agreement between the Proprietor and the User, surpassing any previous agreement, be it verbal or written.
16.4. Any tolerance to the violation of one or more clauses contained in the terms of use can never be considered as a tacit renunciation of the rights deriving from the violated provisions. Gallerist does not guarantee it will always exercise its rights and take action against everyone.
16.5. Should a clause of these General Terms and Conditions of Use appear to be void or ineffective, its invalidity or ineffectiveness will not extend to the remaining contractual clauses.

 

Last updated on January 29th, 2019

In compliance with the provisions of EU Regulation 2016/679, we wish to inform you about the logics, methods and purposes of the treatment of your personal data within the services provided to you through the Gallerist Platform.

The data controller is App Time Soluzioni Digitali S.r.l. in the person of its interim legal representative, the headquarters of which are registered in Via Groenlandia n. 5, CAP. 00144, Rome, P.IVA (VAT identification n.) 13963641009, email support@gallerist.it.

By registering and / or using the Application and the Services it provides, you declare to have read and accepted what is provided the terms and condition provided by this Policy information. Should you not agree with these terms, you must not register to the Gallerist Application nor make use of the Services it provides.

Data Gathering and Aims of Treatment

Data voluntarily provided by Users during the account registration procedure or through the use of Services

The data requested at the time of subscription and marked with an asterisk, including biographical and contact information, are necessary to complete the subscription procedure and to enjoy the use of the required services; without supplying this data, it is impossible to make use of the services provided by Gallerist.
You may subscribe by connecting your Gallerist account to one of your social media profiles. These social media may, in turn, allow Gallerist to automatically access some of your personal information in their possession. As a user, you have the faculty to control the personal information you give access to through the privacy settings available on social media. By linking your Gallerist account to other accounts managed by social media, you consent to the acquisition, use and conservation of the information provided by these social media, in accordance with this Privacy Policy. If you choose to make use of Services provided by Third parties for the purpose of creating your account, we advise you to read the privacy policy information provided by social media platforms:
– Facebook: https://it-it.facebook.com/about/privacy
– Twitter: https://twitter.com/privacy?lang=it
– Google: https://www.google.it/intl/it/policies/privacy/?fg=1
Services of consultation, publication and trade of images and video supplied through the platform entail the necessary treatment by our Company of some personal data (i.e. those related to the devices used, information connected to the preferred means of payment, acquired or published content, and judgment expressed by users) that affect you.
The Services supplied by Gallerist may entail the reception of suggestions by the Platform. Such suggestions may be based on previous choices in sale or purchase. You may at any time chose to oppose this treatment by contacting the Proprietor at the following address: APP TIME S.r.l., Via Groenlandia 5, 00144 Roma. You may also write an email to support@gallerist.it. Exercising this right may prevent you from making use of the Services offered by the Gallerist platform.
Browsing Data
IT systems and software procedures used to operate this Application, both while browsing and when creating user accounts, as well as when carrying out financial transactions, acquire some personal data whose transmission is entailed by the use of web communication protocols [for example, IP addresses or domain names of devices through which the Users connect to the platform, URIs (Uniform Resources Identifiers) of requested sources, System Logs, id or unique device identifier, type of device]. Such data is employed for the sole purpose of obtaining anonymous statistical information on the use of the Application and its supporting website, as well as to ensure that they are functioning correctly. Such information is not gathered in order to identify the interested parties, although it cannot be ruled out that Users may be identified through the routine process of elaboration and cross-referencing with data in the possession of third parties. The data in question may be used to ascertain responsibility in the event of computer-related crimes jeopardizing the Application: currently, except for this possibility, the data in question is retained for no longer than the time strictly necessary to allow for User activities on the platform. The supply of such data is necessary for the subscription and use of the Application, as well as to make use of its Services.
Geolocation Data
When using the Services provided by the Gallerist Application, you may at any time decide to make use of geolocation services. It is worth remembering that most mobile devices allow you to control or disable the use of location services performed by installed applications through the settings menu. Should you decide to make use of geolocation services, the Proprietor will be able to treat the relevant location data.
In order to treat your data, we need your explicit consent, or we will not be able to provide you with the required service.
During the Contract’s performance we may also acquire further data, strictly connected and pertinent to the supply of the required Services (data included in reports, complaints etc.). We may also implement systems aiming to ascertain that users do not tamper with the Platform’s functioning mechanism; this may include monitoring private messages between them.
Without your explicit consent, we may use your email address to send commercial communication pertaining to our services and to sales, discounts and offers for our customers; you may at any time refuse to receive such messages by following the procedure described in each communication, or by writing an email to support@gallerist.it.
With your explicit consent, we may also use your phone number and home address for marketing purposes, including sending advertising or promotional material, conveying commercial offers and carrying out market surveys.
The treatment of your data is aimed to:
a) The supply, management and control of Services provided through the Gallerist Application, as described in the general terms and conditions of services, namely to improve the Services by providing registered Users with a personalized experience;
b) Sending emails to inform Users about new initiatives or commercial offers connected to services already in use;
c) Contacting the User to solve issues connected to their account or controversies that may arise with third parties, or to claim commission or amounts due, or to ask for feedback on the use of the Application;
d) Fulfilling the obligations provided for by the applicable laws, rules and UE regulations, as well as the provisions of authorities legitimized by law and by organs of vigilance and control, supplying data and assistance in the event of investigations;
e) Ascertaining that the User is fulfilling contractual obligations;
f) Only sending commercial messages after receiving the User’s explicit consent.
Personal data will be treated by employees, consultants and collaborators of the Proprietor, who will each time be appointed as Representatives in charge of the treatment.
In order to treat your data correctly, we may select one or more individuals as Responsible for the treatment as provided for by art. 28 of EU regulation 2016/679.
You may at any time request the complete list of Responsible Representatives appointed each time by our Company, by writing to the aforementioned address.

Data Treatment Methods

Data will be treated both manually and with the help of electronic tools. All necessary management and technological safety measures provided for by current regulations will be adopted to safeguard against any unauthorized access, theft, accidental loss or other unauthorized treatment of data.

Data Communication and Circulation

In order to supply its Services correctly, our Company will circulate on its Platform the following personal data:
– User name and profile picture;
– Images uploaded by Users onto the Platform.
In order to supply the required Service, we will also share with other interested Users the data necessary to carry out transactions correctly.
For a correct performance of the Contract, we may also enlist the help of third parties (e.g. for IT maintenance, management of transactions and payment through the Platform etc.) Such parties may have limited access to some personal information solely for the purpose of carrying out these jobs in our stead, under our direct control, and under the obligation of never disclosing them nor using them for other purposes.
In the event of sale or lease of our firm, as well as of merging, incorporating or division of our Company, your data may be divulged to buyers or tenants of the firm, or to the entities resulting from the merging, incorporating or division, in order to allow for a continuation of the relationship.

Your Rights

You may at any time exercise your rights as provided for by art. 15 and following of EU Regulation 2016/679 (including, for example, the right to obtain confirmation of the existence of data and their communication in an intelligible form, the indication of data origin, their purpose and method of treatment, the correction or integration of data, their cancellation, the anonymous transformation or blockage of personal data that have been treated in violation of the law, and the right to wholly or partly oppose their use).
In order to exercise your rights you may write to our headquarters by ordinary post or contact us at support@gallerist.it.
You also have the right to lodge a complaint with the Guarantor, as the supervising authority, should you feel that the treatment of your personal data violates the current regulations.

Data Storage

Your data will be stored in our data centers located in Italy and will not be transferred outside of the European Union.
The data will remain in storage for as long as your account is active, in order to supply you with the required services. We may also keep their data after that time, only if this should prove necessary to the performance of the Contract (e.g. for invoicing purposes), to fulfill lawful obligations, to safeguard our rights, to solve controversies with Users or third parties; your data, however, will not be kept beyond the time necessary to carry out these operations.
If you gave your consent to marketing activities, we will use your data for a further 12 months after your account has been closed, however you have the right to oppose the use of your data for this purpose at any time.
In any case, at the end of the storage period, we will take the necessary step to permanently erase your data or make them anonymous.

Third Party Rights

It is expressly forbidden to use the Platform for the publication or circulation of Users’ private data. We also remind you that it is forbidden to use our Services to publish, communicate, share or in any other way treat personal data (information, news, images, video, etc.) belonging to third parties who have not given their explicit consent to this form of treatment.

Changes in Privacy Policy

We reserve the right to modify this privacy policy at any time, by publishing the updated version on the Gallerist Platform. We will also give prior notice of the date when the new terms and conditions are enforced. Should you not agree with the new Privacy Policy Information, you may choose to cancel your account. The use of our services after the set date will entail your full agreement with the new privacy policy information.

 

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