IGOTO Application Terms of Use

The following legal information applies to the creator and developer of the IGOTO Application:

ARTEPUB-ACKA SPRL

Rue Auguste Snieders 23

B 1030 Schaerbeek

Belgium

Tel: + 32 2 240 26 60

info@artepub.be

Registered with the Banque Carrefour des Entreprises belges under the number 0460.320.032

VAT number: BE0460.320.032

1. Overview

The present general conditions of use (hereinafter referred to as “Terms of Use”) define the rules for the use of the mobile Application “IGOTO ” published by ARTEPUB-ACKA (hereinafter referred to as “ARTEPUB”). These rules are intended for any user of the Application (hereinafter referred to as “User” and defined more precisely in Article 2).

The User accepts, without condition or reserve, the provisions of the present Terms of Use in its entirety. By simply using the Application, the User automatically and irrevocably accepts these Terms.

ARTEPUB reserves the right to modify these Terms of Use at any time. New versions of the Terms of Use are communicated to the User during updates.

If the following terms and conditions prove to be inconsistent with the terms of use of the websites of the Organizer or of Third-Party Partners of ARTEPUB, these Terms of Use prevail.

In the event that the User does not accept all or part of these Terms of Use, he waives any use of the Application.

2. Definitions

Within these Terms of Use, words or phrases beginning with a capital letter shall have the following meanings:

Application: means the computer program IGOTO published by ARTEPUB, downloadable for free, developed to be installed on mobile devices (Smartphones) and executable from a mobile device operating system.

Services: means all services offered by the Application.

User: means any individual who has downloaded the Application for his/her own needs, for personal, non-commercial use.

Organizer: means the person or legal entity benefiting from ARTEPUB services and/or its IGOTO Application in the context of the promotion of a cultural event.

Third-Party Partner: means any person or legal entity, who is not the Organizer, with which ARTEPUB is collaborating to offer content on the Application.

3. Purpose of the Application

ARTEPUB is an agency specializing in the advertising promotion of cultural events and activities in Belgium. ARTEPUB thus provides different advertising spaces on material or digital media (posters, banners, flyers etc.).

IGOTO is an Application for the provision of online information about cultural events and activities in Belgium.

The functionality of the Application is as follows:

· scanning of ARTEPUB media: the User can take a photograph of different advertising media published by ARTEPUB that attracts his/her attention, in order to receive details of the event instantaneously via the Application;

· receipt of notifications and cultural news;

· receipt of promotional offers and contests;

· consultation of a cultural events calendar, through a partnership with Visit.brussels and CultuurNet Vlaanderen ;

· listings of nearby cultural events according to the geolocalisation of the User.

Thanks to the media scanning functionality, the user gets instant access to information additional to the information available on the advertising media displayed in public places. The Application thus makes it possible notably to reserve products and/or services via a hyperlink leading to the reservation page of the Organizer’s website.

Users wishing to participate in contests offered by the Organizer via the Application, will refer to the Contest rules at the following address: www.IGOTO.be.

The User expressly accepts the Contest rules as well as the specific rules of the contest relating thereto which cannot be separated before any participation in the said contest.

4. Access to the IGOTO Application

In the context of a non-commercial private use, access to the Services of the Application is freely available, free of charge and runs on iOs and Android.

4.1 Registration terms and conditions

To register, the User must:

· have reached the legal majority age;

· and/or have the capacity to conclude a contract within the meaning of the law

· and/or, if a minor, have obtained parental permission

· and in any case have accepted the present Terms of Use without reserve.

A minor who accepts the present Terms of Use declares that he/she has previously obtained parental authorization.

4.2 Registration procedure

In order to benefit from the Services of the Application, the User must first register:

· either via their Facebook profile

· or by completing a contact form.

To start, the User must provide his/her family name, first name, date of birth and email address. He/she is free to provide a postal address.

To create an account on the Application, the User must provide a username, consisting of a correct email address that he owns, and a personal password. The User is solely responsible for any use that may be made of his/her login, username (email address …) and passwords, and is the only the guarantor of their confidentiality.

Registration will only be made upon receipt by the User of a confirmation email sent to the address indicated by the latter enabling validation of the User’s profile.

ARTEPUB reserves the right to request additional information and identification data at any time and any supporting documents it deems useful.

The User guarantees to ARTEPUB that he/she has provided true, accurate and up-to-date information.

The User remains free to unsubscribe at any time.

ARTEPUB also reserves the right to terminate the account of a User, without notice, for any objective and justified reasons previously notified to the interested party. This will be the case in particular if the Application is used for commercial purposes without a specific license or if the Application is used for purposes contrary to the law or in case of non-compliance with the present Terms of Use.

5. User declarations and obligations

By downloading the Application, the User declares to be informed about, and accepts:

· access by the Application to the mobile device camera;

· access to location data, cookies and device identifiers

· display of advertising and or services on their mobile device by advertisers or other partners by exploiting cookies or similar technologies;

· if he/she has explicitly provided consent by ticking the relevant boxes (opt in), he/she accepts the use of his/her email address by ARTEPUB to send newsletters, and the communication of personal data (family name, first name, date of birth, cultural interests and email address, notably) to Organizers and Third-Party Partners of ARTEPUB;

· updates to the Application, including updates of these Terms of Use;

· if he/she has explicitly requested it by ticking the relevant boxes (opt in), reception of notifications related to his/her cultural interests.

The User expressly undertakes to:

· download the Application on his/her device exclusively for personal and non-commercial use;

· not modify, copy, distribute, transmit, share or reproduce, either in a permanent or temporary form, all or any part of the Application, by any means and in any form;

· not develop any systems that may constitute a counterfeit or unfair competition to ARTEPUB such as to violate these Terms of Use and/or relevant legislation;

· not make use of the Application for illegal purposes or purposes that would be prejudicial to the rights of ARTEPUB or third parties;

· inform ARTEPUB immediately of any violation (such as account hacking, virus, …) and in particular of any illicit or non-contractual use of information, regardless of the method used.

Any commercial use of the Application must be done by means of a specific license to be agreed with ARTEPUB. No commercial use may be made without written and formal authorization.

6. Protection of personal data

6.1 General information

ARTEPUB is responsible for the processing of personal data collected via the IGOTO application.

The data referred to in these Terms of Use is data communicated directly or indirectly by the User. It is intended for internal use by ARTEPUB with regard to the execution of the contract, namely the proper functioning of the IGOTO application. This data may be transmitted to technical subcontractors for the proper functioning of the IGOTO application. We also use the data for direct marketing purposes with the prior authorization of the User.

ARTEPUB guarantees the respect of Users’ personal data and strictly complies with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data, and repealing Directive 95/46 / EC.

Data is collected on the basis of consent (opt in) and / or for contractual requirements between the parties. Consent may be withdrawn at any time upon request except in cases where ARTEPUB needs the data concerned for the proper performance of the contract or to fulfill its legal obligations.

In accordance with the regulations in force, as a private individual, the User has the right to: access his / her (hereafter “his”) personal data; correct the data; request the data be deleted; limit its processing; and/or oppose its processing for direct marketing purposes. The User also has the right to data portability, that is to say that his data is communicated to him in a standard structured format. The exercise of these rights is free. If necessary, the User can send us a request to exercise one or any of these rights or to inform us about any difficulty or a problem related to his data via the following address:

ARTEPUB-ACKA SPRL

23 Auguste Snieders Street

B 1030 Schaerbeek

Tel. +32 2 240 26 60

Or via the following email:

info@artepub.be

You also have the right to lodge a complaint with the Data Protection Authority (www.dataprotectionauthority.be). 

ARTEPUB does not implement automated individual decision-making.

6.2 Uses of personal data for direct marketing

When registering, the User unambiguously and clearly declares his consent to the use of his data by ARTEPUB by ticking the box “I accept the use of my data by ARTEPUB for the purpose of direct marketing”. In this case, emails may be communicated to him according to his interests. The User may withdraw his consent at any time.

The User has the right to oppose the sending of advertisements by email:

– by deciding not to tick the aforementioned box (application of the “opt in” rule) when registering;

– upon written request at any time;

– by means of the “unsubscribe” option included in the advertising email.

Unless the User objects, his contact details may be communicated to Organizers and Third Party Partners who are contractually bound to ARTEPUB for marketing purposes in connection with the User’s areas of interest. To do this, he clearly and unequivocally expresses his consent to the transmission of his data by ARTEPUB to Event Organizers or Third Party Partners by ticking the box “I accept the transfer of my data by ARTEPUB to Event Organizers and Third Party Partners for direct marketing purposes”. The User may withdraw his consent at any time.

ARTEPUB ensures that the Event Organizers and Third Party Partners to whom the data is transferred comply with the protection of personal data on the basis of the legislation currently in force.

6.3. Data conservation and management.

The personal data collected will be kept only for the time necessary to meet the stated purposes or to comply with the legal obligations of ARTEPUB.

Within the limits set out above, ARTEPUB is therefore authorized to keep and process the personal data communicated during registration with the IGOTO application and during its use.

The Data Protection Officer at ARTEPUB is Alexandre Pintiaux. He can be contacted directly via the following contact details:

Alexandre Pintiaux, lawyer

ECB / VAT: 0831.365.224

Website: www.kaleis.be / Blog: www.artandlaw.be

Tel: +32.2.244.44.06 / Fax: +32.2.793.00.73

Kaléïs – Law Firm: Rue des Palais 153 Box 21 (La Lustrerie) – 1030 Brussels – Belgium

7. Intellectual property

All the elements of the Application relating to its content and structure are protected by copyright, trademarks, designs and models and more generally by the intellectual property as well as by the special provisions of the Belgian code of economic law relating to databases. In particular, ARTEPUB has registered the concept of the Application via the i-DEPOT service of the OBPI.

All intellectual rights related to the Application are the exclusive property of ARTEPUB, except for the elements provided by the Organizers and/or Third-Party Partners.

ARTEPUB grants to the User a free, non-exclusive, non-transferable and revocable license to use the Application. This license is limited to non-commercial use by the User of the Application.

These Terms of Use do not imply the transfer of any intellectual property rights to the User either on the structure and content of the Application (subject to the license referred to in the preceding paragraph) or on the different displays and advertising media (in particular showing drawings, photographs, graphics) distributed by ARTEPUB on behalf of the Organizers. The photographic reproduction of the posters in connection with the use of the Application does not imply any assignment of intellectual rights to these works.

The User undertakes not to modify, copy, distribute, transmit, share or reproduce permanently or temporarily, either in a permanent or temporary form, all or any part of the Application in general, its technical and aesthetic components and contents (agenda, posters, …), by any means and in any form.

The User expressly undertakes to ensure that his use of the Application does not in any way infringe the rights of ARTEPUB or of the Organizer and in particular that such use does not constitute counterfeit or unfair competition.

8. Limitation of liability

8.1 Links to third-party sites or addresses

The Application gives access to external websites as well as specific accounts on different social networks (Facebook page, Instagram account, etc.), operated by the Organizers and/or Third-Party Partners of ARTEPUB, by hyperlinks or by integrating the contents of partners (poster scans and information on the organizer’s or third-party websites).

ARTEPUB has no control over these websites or accounts on social networks or over information from Organizers and/or Third-Party Partners. ARTEPUB assumes no responsibility for their content. ARTEPUB cannot be held responsible for the content, advertising, products, services or any other material coming from or available on these sites and social networks via the Application. Only the Organizer and/or Third-Party Partners are responsible for these sites, these accounts present on the social networks and their contents.

Furthermore, ARTEPUB cannot be held liable for any damages or losses proven or alleged consecutive to or in connection with the use of the Application referring to goods or services available on these external sources.

ARTEPUB is not liable in the event of cancellation of an event listed in the Application. Similarly, it is not responsible for requests for reimbursement of sales in the event of cancellation, reprogramming or any other unforeseen event related to a cultural event, not being an Organizer but a simple broadcaster. These requests must be addressed to the Organizer and/or Third-Party Partners directly, which guarantees ARTEPUB for this type of complaint.

ARTEPUB is not responsible for cancellation of a contest listed in the Application and which the User has participated in or wished to participate in. Similarly, in the context of a contest listed in the Application, ARTEPUB shall not be liable in the event of cancellation or modification of the date of the contest or in the event of loss, destruction, defective prizes or more generally any event that can prevent or limit the distribution of the prize(s) related to the contest.

8.2 General

Except in the case of gross negligence or intentional misconduct, ARTEPUB is not liable for any direct or indirect damage caused to the User and/or the Organizer due to the use of the Application for any reason whatsoever.

ARTEPUB is not liable, or considered to have failed under this contract, in the event of delay or non-performance, when the cause is due to force majeure or is due to the Organizer’s intervention and/or a third party.

9. Invalidity

The invalidity of any of the provisions of the Terms of Use, for any reason whatsoever, shall in no way affect the validity of the other provisions of the Terms of Use and of the Terms of Use as a whole, the Parties agreeing in this case to substitute for the void or invalid provision a provision having equivalent effect.

10. Applicable law and courts

In the event of any dispute arising, the Parties shall endeavour to reach agreement to find an amicable solution.

Failing this, the present Terms of Use are subject to Belgian law and only the courts of the judicial district (francophone if applicable) of the headquarters of ARTEPUB will be competent.

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