General Terms and Conditions

Legal Notice.

Please read the following terms and conditions before using the following website.

 

The navigation and the use of the website is accessible through UR www.arthublive.com (hereinafter the "Site") implies the  full acceptance of these general terms and conditions of use of the Site and other special conditions and legal notices published in the designated pages and sections of the Site (hereinafter, overall, the "General Terms") for the use and fruition of individual services and/or contents and/or materials of any type  (hereinafter, collectively "Contents"). The user acknowledges to have read and agrees to these Terms and Conditions of use and/or any other note, legal notice, statement or disclaimer published anywhere on the Site

 

Obligations and guarantees hereunder specified are lent by the user both independently as well as in fact of any third party linked to him and that is authorized by him to use the Site.

 

The definition of “Site” also includes the on line presence of the company Art Hub Live on any social network (actually: Facebook and Instagram) where Art Hub Live eventually manage any kind of activity and/or relationship with users on line. As a consequence, the user acknowledges and accepts – within the limits of applicability of these General Terms and Conditions – to comply with and to be bound by these General Terms and Conditions (in addition to eventual Guidelines, Regulations, etc as may be imposed from time to time by the social networks’ holders concerned) even in the cases when the user browses other web sites and/or networks anyhow imputable to Art Hub Live.

 

1. SUBJECT-MATTER.

 

These General Conditions govern the terms of use of the Contents and of the Site, owned by Art Hub Live.

 

The use of the Site and the ability to access Contents and services are subject to the acceptance of these General Conditions. If you do not intend to accept these General Conditions we ask that you do not use the Site and do not download any material from it. The use and/or navigation within the Site shall be construed as tacit acceptance of these General Conditions.

 

Access to certain Contents of the Site may result in user acceptance of additional terms and conditions of use and, as appropriate, may replace, supplement and/or modify these General Conditions.

 

2. MANDATORY GENERAL INFORMATION.

 

Under the EU Directive 2000/31/EC, the following general information are mandatory.

 

The Site is owned by the company Art Hub Live – legal seat in ………………………. Tax Code and VAT number ……………………. 

 

The contact details allowing the user to quickly contact Art Hub Live and communicate directly and effectively with the same, including e-mail address are:

 

Tel.  

Fax 

e-mail: 

 

  1. REGISTRATION. USE OF THE INFORMATION AND CONTENTS.  GUARANTEE AND LIABILITY. 

 

Users who wish to use some of the services offered on the Site should proceed to registration, or provide personal information to Art Hub Live Anyone wishing to register is obliged to ensure that the personal data provided is correct and up to date, assuming all responsibility for the correctness and veracity of the information provided. In the event of changes in the data provided by the users, it will be the responsibility of the latter to inform Art Hub Live of updates as soon as possible. In the event during registration a user indicates third party information, he ensures to have previously complied with all of the requirements provided by the applicable data protection laws.

 

The information and contents available on this Site are accessible free of charge, unless otherwise specified. The information and contents available on this Site are of a purely informative nature, unless otherwise and specifically established (e.g. commercial offers, discounts, promotions, e-commerce etc.), do not constitute a contract nor an offer to the public under art. 1336 of the Civil Code of products and/or services described nor can be considered binding for negotiation or commercial relation. 

 

To the extent provided by the applicable laws and unless otherwise specified on the basis of generally accepted business practices, users acknowledge that the use of the Site is at one’s own risk. The Site is provided "as is" and on a "as available" basis. Art Hub Live does not offer any guarantees regarding the expected results, desired or obtained through the use of the Site.

 

To the extent permitted by the applicable Law users declare and guarantee to maintain indemnified and hold harmless Art Hub Live, its representatives, employees, collaborators, associates and its partners from any claims for damages, including legal fees, that may arise against them in connection with use of the Site. Where the applicable legislation does not allow exemption from liability, liability for Art Hub Live will in any case be limited to the extent of the law. 

 

Art Hub Live is not responsible for user's claims of inability to use the Site and/or Contents for any reason. Art Hub Live cannot be held liable for damages, claims or losses, direct or indirect, arising to users by malfunction and/or failure of electronic equipment of such users or third parties, including Internet Service Providers, telephone and/or computer links not directly managed by Art Hub Live, as well as actions by other users or other persons having access to the network.

 

Art Hub Live reserves the right to disconnect at any time, temporarily or permanently, the Contents (or any part thereof). The user acknowledges that Art Hub Live will in no way be liable toward users or third parties for the suspension or interruption of its Contents, save for specific, different and possibly additional contractual commitments entered into, with the users.

 

Any information (text or graphics) in relation to the goods and/or services offered on the Site which come directly from suppliers of Art Hub Live will not result in any liability to the same, taken the individual provider’s own responsibility of exclusive information specifications and descriptions herein provided. Consequently, Art Hub Live does not assume any responsibility for inaccuracies, graphical errors explicit or implicit warranty on the information, the Contents and the software, marketability and suitability for the particular purpose of information, goods and services offered or communicated by suppliers on the Site, while stating that, upon request and within the limits of the law, will provide the names, addresses and any other data necessary to identify the supplier and/or producer of goods and services offered.

 

The user agrees to use the Site and it’s Contents diligently, correctly and lawfully and, in particular, for the purposes only  by way of example and not limited, you agree to refrain from:

 

  1. any misuse of the Site in violation of law, these General Conditions and all other information published on this Site, or contrary to morality and code of ethics;

  2. from any action that may affect the rights and interests of Art Hub Live and/or third parties, including intellectual or industrial property rights, or damage, impair or impede in any form the normal use of the Site, or computer media documents, files and content of each class of stored in it;

  3. reproducing, copying, transforming, distribute, disclose or make available in any other form to other sites or to the public any material and/or information contained in the Site, unless such action is expressly authorized by Art Hub Live

 

Art Hub Live disclaims any responsibility for information (text or graphics), documents or materials placed by users in the Site while using a particular Content.

 

The user agrees not to use the Contents or any other services or functionality of the Site to: a. upload, post or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory and/or slanderous, vulgar, obscene, damaging, of another's privacy, racially marked, ethnically or otherwise objectionable; b. prejudicing in any way, anyone under age c. impersonating any person or entity, for example, as a representative of Art Hub Live, or otherwise lie about their relationship with others; d. forge headers or otherwise manipulate significant marks or references in order to forge the origin of a content transmitted through any type of function available on the site, e. upload, post, email or otherwise transmit any content that does not have the right to be transmitted or spread under a provision of law, a contractual or fiduciary relationships (such as inside information, confidential information acquired by the virtue of an employment relationship or protected by a confidentiality agreement); f. upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other intellectual property rights and/or intellectual property rights of third parties; g. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," chain letters, pyramid schemes, or any other form of unauthorized or unsolicited materials h. upload, post or otherwise transmit any material that contains viruses or other code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of third parties; i. disrupt the normal flow of communication, or otherwise act in a manner that negatively affects the ability of users to use the Site; j. interfere with or disrupt the Contents and/or servers connected to the Contents; k. violate, intentionally or unintentionally, any applicable laws or regulations; l. stalk or otherwise harass third parties; collect or store personal data of other users. 

 

In any case, is expressly understood that Art Hub Live, at the request of the competent authorities will act promptly to remove such contents immediately, in consistency with the technical times required for this operation and will terminate authorization to access the Site for the user responsible.

 

Art Hub Live reserves the right to take appropriate action against users who do not act in full compliance in particular with reference to the provisions of this paragraph.

 

4. LINKING.

 

The Site offers links to other web sites or other Internet resources. The user acknowledges and agrees that Art Hub Live is not liable or responsible for the operation of such external sites or resources.

 

Hyperlinks cannot be created without the prior written consent of Art Hub Live. In any case, the creation of such links, even if authorized, will not give rise to any liability to Art Hub Live, provided that the same reserves the right to request at any time the removal of such links .

 

Art Hub Live is not required to review, and does not control the content of said web sites and accepts no responsibility for the content and/or material, including advertising, on such sites or resources or for products or services offered. Except where otherwise provided, such products or services cannot be considered sponsored, shared or supported by Art Hub Live, and therefore the user assumes all responsibility for use and purchases of services or products which may be made.

 

5. INTELLECTUAL AND INDUSTRIAL PROPERTY.

 

The Site and all its Contents are the sole property of and reserved by Art Hub Live, and/or its licensors or assigns and/or third parties where indicated, and are protected by applicable national and international laws protecting the intellectual or industrial property rights.

 

With the term "Site" - for the purposes of the applicability of the provisions of this paragraph - Art Hub Live means any content and computer-based technical element of the Site, including, by way of example but not limited to, the software that allow the operating and related codes, electronic databases, texts, photographs, press reviews, animations, audio and video files regardless of format, reproductions of trademarks, logos, trade names of products and/or services, etc. the technical solutions adopted, the graphic design, structure and any other part already made or to be made.

 

With the term "Intellectual and Industrial Property Rights" relating to the Art Hub Live means all the rights recognized and protected by applicable national and international laws, including - by way of example but not limited to with respect to all countries of the world and without any limit - any claims arising from patents (including the right of filing the application), present or future copyright, trade marks and/or service (whether registered or used by Art Hub Live), brands,  commercial trade names, companies, know-how, domain names, databases and all relative  applications.

 

With the term "Materials" Art Hub Live means all the Contents of the Site and other content such as - by way of example - texts, images, graphic design, files, software of all kinds, audio, video, virtual animation, multimedia and/or hyperlinks, regardless of formats, from media that have extension (for example but not limited to: mp3, wav, mpeg, gif, doc, etc.), the size, the version in use, from techniques used for their distribution and/or transmission.

 

The Materials published on the Site may be used under the following conditions:

  1. the use must be preceded by a written request for authorization to be sent to Art Hub Live, which will not unreasonably deny such use, as appropriate;

  2. the materials will remain in their original format and, if reproduced, must always bear the signs of its proprietary Art Hub Live and/or any third party or relating to copyright or authors;

  3. the use, for any reason and for any purpose must be for non-profit;

  4. the source must be credited, the author and/or rights of the Materials and the web address from which they were taken;

  5. use in any way and for any reason of materials represented by legal texts (e.g. information, contract terms, etc.) published on-line is prohibited. Any violation will be prosecuted according to law;

 

For any questions concerning the use of the Materials, Content available on the Site and/or on the regime of Intellectual and Industrial Property Rights, you can contact Art Hub Live at the following e-mail: info@arthublive.com.

 

The Materials published on the Site were examined closely, and were processed with the utmost care. In any case, errors, inaccuracies and omissions may occur. Art Hub Live cannot be held responsible - with reference to materials freely available on the site - for errors and omissions nor for any reliance that you make about the Materials.

 

Unless otherwise stated, the information contained in the Materials are for information or updates purposes only and not of an exhaustive nature, nor can they be understood as an expression of an opinion or a statement or assumption in order to make decisions. Art Hub Live cannot be held liable for any act or omission the used by the users following the use of the information contained in the Materials without having preemptively requested to Art Hub Live a specific study or opinion.

 

The user agrees to comply strictly with the terms of use of Contents and Materials accessible on the Site and to comply with all Intellectual and Industrial Property Rights relating thereto. He will be liable for all harmful acts further giving wide indemnity to Art Hub Live in the event of breach of national and/or international rules on the protection of Intellectual Property and/or Industrial laws.

 

6. AMENDMENTS, APPLICABLE LAW AND JURISDICTION.

 

Art Hub Live reserves the right to make changes to the Site, these General Conditions and other legal notices published anywhere in the Site at any time. Upon consultation, the user must always make reference to the current text version of the General Conditions and other legal notices published.

 

The changes will take effect in the moment they are  published on the Site. The  continued use of the Site by the user, as a result of a change, will be considered acceptance of those changes. 

 

All users can check at any time, via the website the latest version of the terms and conditions of use of the Site, from time to time updated by Art Hub Live

 

The General Conditions, other legal notices published on the Site and the relationship between the Art Hub Live and users of the site have been construed in accordance with and governed by the Italian law. All disputes between Art Hub Live and users connected or related to the use of the Site and/or its Contents are reserved to Italian jurisdiction and exclusive jurisdiction of the Foro of Rome, within the limits provided by:

 

  • Regulation (EC) No 593/2008 Of The European Parliament And Of The Council Of 17 June 2008 on the law applicable to contractual obligations (Rome I);

  • Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II);

  • Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

 

Where some provisions of these General Conditions and/or other legal notices published on the Site are deemed invalid or inapplicable, the same will still be interpreted in such a way as to reflect the common intention of the Art Hub Live and its users, according to the remaining provisions of the General Conditions and/or other legal notices published on the Site.
 

The failure of exercise by Art Hub Live, of rights and provisions provided in these General Conditions and/or other legal notices published on the Site does not constitute waiver of rights without the express written statement of  Art Hub Live

 

7. MISCELLANEOUS.
 

Art Hub Live is pleased to obtain from the public information or suggestions about the Site and/or Contents. Users can contact Art Hub Live at the following e-mail: info@arthublive.com. Any suggestions or information obtained by Art Hub Live will be treated as non confidential information and may be used without limitations. The user will be held responsible if the information provided to the Art Hub Live infringes rights of third parties. 



 

©  Art Hub Live S.P.A. 2020. All rights reserved.

Information Notice - Art. 13 GDPR

Information Notice

(EU General Data Protection Regulation No. 679/2016 - Article 13)

 

CONTENTS

 

Identity and contact details of the Data Controller.

 

Information on the minimum age for registration on the Website. Data processing of minors pursuant to Article 8 of the EU Data Protection Regulation.

 

Main purpose for processing personal data 

Pre-contractual and contractual purposes of fulfilment of the Contract with the Data Subject.

Purpose to allow the User’s registration on the Company's Website.

 

Scope of communication and disclosure of personal data for primary processing purposes. 

 

Mandatory or optional consent for the pursuit of the primary purposes for the processing of personal data

 

Transfer of personal data to countries outside the European Union.

 

Data retention periods.

 

Exercise of rights by the Data Subject.

 

Specific information on portability rights of personal data.

 

Summary information on the Data Subject's other rights.

 

Art Hub Live (hereinafter referred to as the "Company") hereby states that it is acting as the Data Controller pursuant to Articles 4 and 24 of EU Regulation no. 2016/679 dated 27 April 2016 concerning the protection of individuals with regard to processing their personal data (hereafter the "EU Data Protection Regulation") regarding aforesaid personal information collected on the website www.arthublive.com  (the "Site") with particular reference: (1) to processing relating to the registration procedures of users on the Site (meaning the artists or the venues’ representatives or the general public joining the live performances available as services on the Site, hereinafter referred to with the terms "Data Subject" or "User") (2) processing related to the provision of web space, cloud and/or electronic platforms made available by the Data Controller - also through third parties - to allow the use of the services and content provided by the Company on the basis of the provisions of the relevant General Terms and Conditions hereto.

 

Personal data processing means any operation or set of operations, carried out with or without the aid of automated processes and applied to personal data or sets of personal information, even if not registered in a database, such as the collection, recording, organisation, structuring, storage, processing, selection, blocking, adaptation or modification, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, elimination or destruction thereof.

 

The data shall be processed manually and/or with the support of IT or electronic means for the following purposes.

 

Identity and the contact details of the Data Controller.

 

As required by the WP 260/2017 Guidelines on transparency, we firstly provide the details relating to the Data Controller, including the identity and the contacts. 

 

Art Hub Live 

Street

VAT number and registration number in the Register of Companies of 

Phone: 

Fax:

Email: 

Website: www.arthublive.com 

 

 

Information on the minimum age for registration on the Website. Data processing of minors pursuant to Article 8 of the EU Data Protection Regulation.

 

Registration to the Site is permitted only to adults, or to minors over the age of 16: pursuant to Article 8 of the EU Data Protection Regulation, a minor, who is over 16, may express consent to the processing of personal data in relation to the offer of services provided by the Company on the Website. Always based on the provisions of Article 8 of the EU Data Protection Regulation, the processing of personal data of minors under the age of sixteen can be based on a valid consent given by the minor only on condition that he/she has been authorised by his/her parental guardians to provide such consent or provided that consent was given directly by the parental guardian themselves. Unauthorised registration of under 16 users is not allowed. Upon registering with the Site, the Data Subject confirms that he/she possesses the aforementioned age requirements.

 

 

  1. Main purposes for the processing personal data 

 

A.1 Pre-contractual and contractual purposes of fulfilment of the contract stipulated with the Data Subject.

 

Firstly, the initial processing of personal data is required for the purpose of making it possible to stipulate a contract between the Data Subject him/herself and the Company. By "Contract" we mean the stipulation of one or more contractual relationships between Art Hub Live and the Data Subject for the activation of the Art Hub Live services offered by the Company according to the applicable General Terms and Conditions as well as for additional services provided on a time to time basis and/or made accessible by the Company through the Site.

 

To allow the Company to fulfil these obligations under the Contract, the User’s relevant personal information will be processed. Furthermore, prior to the conclusion of the Contract, the processing of the Data Subject's personal information may also pursue pre-contractual purposes, such as responding to specific requests from the same, providing technical and negotiation assistance for the registration process, or performing lawful and relevant checks with regard to the veracity of the data provided (especially in the case of minors who require registration). By sheer way of example, and for greater transparency towards the Data Subject, the primary purposes of the processing connected with the fulfilment of the Contract (in each phase) may also be specifically aimed at: providing services as a whole defined by the General Terms and Conditions, maintenance and technical assistance, management of payments between users, management of payment collections by the Company of the sums due on the services rendered; management of any complaints and/or disputes, storage of personal information, use of personal data to make communications relating to the performance of the established contractual relationship, checks on the proper fulfilment of the obligations undertaken, contesting illegal or fraudulent behaviour.

 

Pursuant to Article 6 of the EU Data Protection Regulation, the legal basis of the processing, in all cases and processing provided for under paragraph A, herein, is represented by the following: processing is necessary for the execution of the Contract (or the execution of pre-contractual measures adopted at the request of the Data Subject).

 

The categories of personal information processed are represented by common personal data.

 

A.2 Purpose to allow the User’s registration on the Company's Website.

 

Access to and navigation of the Site where the Company offers its services related to the Contract and to the management of a protected area (the User's Dashboard) are free but the possibility of benefiting from the aforementioned services (including free services such as the creation of a personal Dashboard) is allowed only following the Data Subject’s registration. The registration process consists of filling in an online form where the user is required to indicate certain personal data for the activation of authentication credentials (login + password) with which they will subsequently access all member’s areas and services to registered users.

Therefore further primary purposes of the processing are represented by the need to allow the completion of the required procedures for prior online registration and the creation of an account and to allow the Site administrators to generate and subsequent technical and administrative management (including providing support and technical assistance upon request) of the account itself including Client IDs, activation codes, passwords and similar authentication credentials as created within the registration process. In these primary and main purposes of processing the Data Subject's personal information are also those to allow access to the Site's web pages and, where possible, enjoy online services and pre- and post-contractual assistance for the management of any consequent contractual, administrative, technical or legal profile. With reference to this last processing, the purpose is also to manage any type of request for assistance - technical, commercial and/or contractual - received by the Company concerned and to provide the relevant response.

 

Finally, among the primary purposes there is also some technical processing carried out through so-called "technical cookies". In these specific cases, technical processing is aimed solely at carrying out the transmission of a communication over an electronic communications network to the extent strictly necessary for the Company to provide the services explicitly requested by the contracted user.

 

The legal basis of the processing, in these cases, is represented by the need to implement the Contract of which the Data Subject is a party, or the pre-contractual measures taken at the request of the same.

 

The categories of personal information processed are represented by common personal data.

 

B. Scope of communication and disclosure of personal data for primary processing purposes. 

 

In all the cases illustrated above - and based on the applicable regulatory provisions of the EU Data Protection Regulation and the current Italian legislative decree on the coordination of national legislation on personal data protection - the Company shall communicate personal data to the following external recipients. As required by the WP 260/2017 Guidelines on transparency, we provide the relevant indications on the recipients of data communication according to the obligations laid down therein (mandatory indication - where possible - of the subjects and entities that receive data communication, including external managers, co-processors, internal managers).

 

  1. to third party service providers to whom communication is necessary for the performance of the services covered by the Contract. As required by the WP 260/2017 Guidelines on transparency, where the Data Controller chooses to indicate the recipients of the data by categories, they must justify why they consider this approach correct and, in any case, the reference category must not be generic but specific, making reference to the activities carried out, the sector, industry, and the territorial location of the recipients identified by this category. In this perspective, and in this case the Company considers the approach for recipient categories of communication to be correct, given that the nominative indication of suppliers and sub-suppliers would be exorbitant. It is always possible for the Data Subject to make an informal request by email for a complete list of data recipients. The third party recipients of personal data are represented by the following categories: companies in the banking and credit sector that provide services for the management of financial transactions related to collections and payments; suppliers in the ICT services sector for installation, assistance and maintenance of IT and electronics for systems and services functionally connected and necessary for the performance of the services covered by the Contract; subjects that carry out archival activities for the documentation relating to the relationships with the Data Subject; subjects that provide services for the management of the Company's electronic platforms; subjects that carry out activities of control, revision and certification of the activities carried out by the Company; persons, companies or professional firms, which provide assistance, advice or collaboration to the Company in accounting, administrative, legal, tax and financial matters;

  2. to other internal personnel and persons authorised to the processing forming part of the Company's organisational chart, based on roles or functions and/or specific internal company procedures. Personal data will be made accessible only to those who need it due to their job or hierarchical position. These persons are appropriately identified as persons authorised to carry out processing pursuant to Articles 29 and 32 of the EU Data Protection Regulation and are obliged to the legal commitment to confidentiality and are specifically instructed in order to avoid losses, destruction, unauthorised access or unauthorised processing of data.



 

Individual's personal data will not be disseminated. On the User’s personal Dashboard (that they manage autonomously as independent Data Controllers) there could be available options or functions selected by the Data Subject making the information visible to not identified or identifiable recipients. In this case the Data subject shall establish on his/her own as independent Data Controller the scope of dissemination.

 

B.1 Mandatory or optional consent for the pursuit of the primary purposes for the processing of personal data. 

 

In all the cases described above in Paragraphs A and B (for the hypothesis of communication to third parties) - and having regard to the legal bases pursuant to Article 6 of the EU Data Protection Regulation - the Company is not obliged to acquire any specific consent to the Data Subject's processing. All the aforementioned processing pursues primary purposes for which the EU Data Protection Regulation exclude the need to acquire specific consent, applying alternatively different legal-case law bases that legitimise and render the processing lawful without consent. In particular, these are the legal bases of the processing necessary to fulfil obligations arising from a contract of which the Data Subject is a party or to fulfil, before the conclusion of the contract, specific requests from the Data Subject.

 

Should the User not intend to provide such personal data requested and necessary on the basis of the foregoing, the consequence would be that of the impossibility to proceed with the execution of the Contract and its services proposed on a time to time basis. In such circumstance, browsing the Site as an unregistered user would still be possible.

 

  1. Transfer of personal data to countries outside the European Union.

 

Pursuant to Article 13, Paragraph 1, Letter (f) of the EU Data Protection Regulation, we hereby inform you that certain personal information of the Data Subject may be transferred to a country outside the European Union. Specifically, this refers to the State of Israel where the servers hosting this Site are located as provided by the company WIX. This transfer takes place pursuant to Article 45 of the EU Data Protection Regulation on the basis of the adequacy decision enacted by the EU Commission which has decided that Israel ensures an adequate level of data protection. Such a transfer shall not require any specific authorisation.

 

  1. Data retention periods and other information.

The data will be kept for the periods specified in the relevant legislation, which are specified below pursuant to Article 13, Paragraph 2, Letter (a) of the EU Data Protection Regulation: ten years from the termination of the contractual relationship for documents and related data of a civil, accounting and tax nature as required by the ongoing legislation.

 

    H. Exercise of rights by the Data Subject. 

 

Pursuant to Articles 13, Paragraph 2, Letters (b) and (d), from 15 to 22 of the EU Data Protection Regulation, the Data Subjects are hereby informed that they:

 

  1. have the right to ask the Company for access to personal data, rectification or cancellation of the same or limitation of the processing that concern them or to oppose their processing, in the cases provided thereto;

  2. have the right to propose - in Italy - a complaint to the Italian Data protection Authority as competent authority, following the procedures and indications published on the official website of the Authority on www.garanteprivacy.it;

  3. alternatively, they have the right to lodge a complaint with another European privacy authority located in the place of habitual residence or domicile in Europe of those who dispute a violation of their rights, following the procedures and indications thereto;

  4. any corrections or cancellations or limitations on processing carried out at the request of the Data Subject - unless this proves impossible or involves a disproportionate effort - shall be communicated by the Company to each of the recipients to whom the personal data have been transmitted. The Company may communicate the recipients to the Data Subject upon request from the same.

 

The exercise of rights is not subject to any form of constraint and is free of charge. Only in the event of a request for further copies of information requested by the Data Subject, will the Company be able to charge a reasonable fee based on administrative costs. Should the Data Subject make the request by electronic means, and unless otherwise requested by the Data Subject, the information shall be provided in a commonly used electronic form. The specific address of the Company to transmit claims for the exercise of rights as recognised by the EU Data Protection Regulation is as follows: info@arthublive.com . No other formalities are required. Responses shall be given in accordance with the provisions of Article 12, Paragraph 3 of the EU Data Protection Regulation ("The Data Controller provides the Data Subject with regard to the action taken on a request pursuant to Articles 15 to 22 without undue delay and, in any case, no later than one month after receipt of the request. Such period may be extended by two further months where necessary, taking into account the complexity and number of the requests. The Data Controller shall inform the Data Subject of any such extension within one month of receipt of the request, in conjunction with the reasons for the delay. Where the Data Subject makes the request by means of electronic form, such information shall be provided by electronic means where possible, unless otherwise requested by the Data Subject")

 

Based on the provisions of the Guidelines on transparency WP 260/2017 issued by the Group of EU Data Protection Authorities in indicating the rights of the Data Subject, the Data Controller must specify a summary of each right in question and must provide separate indications on the right to portability.

 

Specific information on portability rights of personal data.

 

The Company informs the Data Subject about the specific right to portability. Article 20 of the General Data Protection Regulation introduces the new right to data portability. This right allows the Data Subject to receive the personal data provided to the Company in a structured format, commonly usable and readable by an automatic device, and - under certain conditions - to transmit them to another Data Controller without impediments.

 

Only personal information that (a) pertains to the Data Subject and (b) has been provided by the Data Subject to the Company; (c) is processed electronically in connection with the stipulation of a contract. 

 

Data portability includes the right of the Data Subject to receive a subset of their personal data processed by the Company and to keep them for further use or for personal purposes. This storing can take place on a personal support or on a private cloud, without necessarily involving the transmission of information to another Data Controller. Portability is a sort of integration and strengthening of the different right of access to personal data, also provided for by Article 15 of the EU Data Protection Regulation.

 

In the event the Data Subject requests for the portability together with the direct transmission of their data to another data controller, please note that this right is subject to the condition of technical feasibility: Article 20, Paragraph 2 of the EU Data Protection Regulation provides that data may be transmitted directly from one owner to another at the request of the Data Subject, and where this is technically possible. The technical feasibility of transmission from one Data Controller to another must be assessed on a case-by-case basis. Point 68 of the EU Data Protection Regulation clarifies the limits of what is "technically feasible", specifying that "it should not imply the obligation for Data Controllers to adopt or maintain technically compatible processing systems". Therefore, direct transmission of data from the Company to another processor may occur if it is possible to establish communication between the two processors' systems (transferor and receiver) securely, and if the receiving system is technically able to receive the incoming data. If technical impediments preclude direct transmission, the Company will provide detailed information and explanation to the Data Subject. With regard to the compatibility of formats to ensure portability, the Company shall comply with the provisions of Paragraph 1021, Letter (b) of Law 205/2017 ("presence of adequate infrastructures for the compatibility of the formats where data is made available to the Data Subjects") if in force following 25 May 2018 and in any case within the limits of what has been clarified by the Guidelines on data portability WP242 issued by the Group of European Guarantors ("The expectation is that the owner transmits personal data in a compatible format, but this does not impose any obligation on the other Data Controllers to support this format").

 

We inform you that according to the Guidelines on data portability WP242, Data Controllers who comply with a request for portability have no specific obligation to verify the quality of the data before transmitting them. Furthermore, portability does not impose any obligation on the Company to retain data for a period longer than necessary or further than specified. Above all, it does not impose any further obligation to retain personal data for the sole purpose of fulfilling a potential request for portability. 

 

Exercising the right to data portability (or any other right under the EU Data Protection Regulation) does not affect any other rights. The Data Subject can continue to benefit from the service offered by the companies even after a portability operation has been completed. Portability does not result in automatic deletion of data stored in the Company's systems nor does it affect the retention period originally envisaged for the transmitted data. The Data Subject can exercise these rights as long as the Company is carrying out processing.

 

The Company undertakes to fulfil requests for portability within 30 days of receipt thereof, reserving, pursuant to Article 12, Paragraph 3 of the EU Data Protection Regulation, the right to fulfil the request within three months in cases of greater complexity. The portability request must be addressed to the following email address: info@arthublive.com 

 

 

Summary information on the Data Subject's other rights.

 

The EU Data Protection Regulation confer a series of rights to the Data Subject that according to the Guidelines on Transparency WP 260 it is mandatory to summarise their main contents within the disclosure paper. These rights are summarised below:

 

Right of access (to personal data only): the right to obtain confirmation from the Data Controller that personal data is being processed concerning the Data Subject and, in this case, to obtain access to personal data and to be informed about the purposes of the processing; on the categories of personal data in question; on the recipients or categories of recipients to whom the personal data have been or will be communicated, in particular if recipients are in other countries or belong to international organisations; whenever possible, on the retention period of the personal data provided or, if this is not possible, on the criteria used to determine such period; if the data has not been collected from the Data Subject, the right to receive every information available on its origin; the right to receive information on the existence of an automated decision-making process, including profiling and significant information on the logic employed, as well as the importance and expected consequences of such processing for the Data Subject. 

 

Right of rectification and integration: The Data Subject has the right to obtain the correction of any inaccurate personal data without undue delay from the Data Controller. Taking into account the purposes of the processing, the Data Subject has the right to obtain the integration of incomplete personal data, also by providing an additional declaration. The Data Controller shall inform each of the recipients to whom the personal data have been transmitted of any corrections, unless this proves impossible or involves a disproportionate effort. The Data Controller shall inform the Data Subject about those recipients upon request of the latter.

 

Right to cancel: the Data Subject has the right to obtain from the Data Controller the cancellation of their personal data without unjustified delay (and where the specific reasons pursuant to Article 17, Paragraph 3 of the EU Data Protection Regulation do not exist, on the contrary they relieve the Data Controller from the obligation of cancellation) if personal data is no longer necessary with respect to the purposes for which they were collected or otherwise processed; or if the Data Subject revokes the consent and there is no other legal basis for the processing; or if the Data Subject opposes the processing for marketing or profiling purposes, also by revoking its consent; if the personal data has been processed unlawfully or concerns information collected from minors, in violation of Article 8 of the EU Data Protection Regulation. The Data Controller communicates to each of the recipients to whom the personal data has been transmitted, any cancellations, unless this proves impossible or involves a disproportionate effort. The Data Controller shall inform the Data Subject about those recipients upon request of the latter.

 

Right to limitation of processing: the Data Subject has the right to obtain the limitation of the processing from the Data Controller (i.e., according to the definition of "processing limitation" provided by Article 4 of the EU Data Protection Regulation: "the marking of personal data stored with the objective to limit processing in the future") when one of the following hypotheses occurs: the Data Subject disputes the accuracy of personal data for the period necessary for the Data Controller to verify the accuracy of such personal data; the processing is illegal and the interested party opposes the cancellation of personal data and asks instead that its use is limited; although the Data Controller no longer needs it for processing purposes, personal data is necessary for the Data Subject to ascertain, exercise or defend a right in court; the interested party opposed marketing processing, pending verification of the possible prevalence of the legitimate reasons of the Data Controller with respect to those of the Data Subject. If processing is limited, such personal data shall be processed, except for storage, only with the Data Subject's consent or for the assessment, exercise or defence of a right in court or to protect the rights of another natural or legal person or for reasons of significant public interest the party who has obtained the limitation of processing is informed by the Data Controller before such limitation is revoked. The Data Controller shall inform each of the recipients to whom the personal data have been transmitted of any limitations, unless this proves impossible or involves a disproportionate effort. The Data Controller shall inform the Data Subject about those recipients upon request of the latter.

 

The right to oppose: the Data Subject has the right at any time to oppose, for reasons related to their particular situation, to the processing of their personal data concerning carried out by the Data Controller or for the performance of a task of public interest or connected to the exercise of public powers vested in the Data Controller or carried out for the pursuit of the legitimate interests of the Data Controller including by third parties (including profiling). Furthermore, if personal data is processed for direct marketing or commercial profiling purposes, they have the right at any time to oppose the processing of personal data for such purposes.

 

Right not to be subject to automated decisions, including profiling: the Data Subject has the right not to be subjected to a decision based solely on automated processing, including profiling, which produces legal effects concerning the same or which significantly affects their person, except in cases where the automated decision is necessary for the conclusion or execution of a contract between the Data Subject and a Data Controller; is required by law, in compliance with measures and precautions; or is based on the explicit consent of the person concerned.

 

For any purpose, the link to the Articles from 15 to 23 of the Rules on the rights of the Data Subject.  

Disclaimer

DISCLAIMER IP


 

The trademarks, trade names, logotypes, domain names and any other distinctive mark (hereinafter, comprehensively, the “Distinctive Signs”) disclosed and/or published on the web site www.arthublive.com (hereinafter, the “Web Site”) is exclusive property of the Art Hub Live’s shareholders and/or of their partners, licensee or assignees and are protected on a national, EU and international level.

 

The Distinctive Signs cannot be used or employed - for any purpose, neither entirely nor partially in their verbal or figurative elements -- without the prior specific written consent of the Art Hub Live’s shareholders. 

 

The sign “Art Hub Live”, the other Distinctive Signs and their variants cannot be included in any Internet address and/or domain name for any other website, or as parts of said IP addresses and domain names, without the prior written consent of the Art Hub Live’s shareholders.

 

Texts anyhow published in the Site, pictures, video or multimedia contents, audio contents, elaborations and live recordings eventually available on this Web Site (hereinafter, collectively, the “Contents”) independently from the publishing or displaying modalities, are protected by the national and international IP laws. Use or other employment of the Contents without the prior and written express consent eventually given by the related IP rights owner and/or holder is expressly forbidden and may result into a breach of the laws. All the rights on the Distinctive Signs and on the Contents are expressly reserved. 

 

It is' forbidden to adopt as a firm, name or company name, motto and domain name a distinctive mark identical or similar to the Distinctive Signs and/or identical or similar to the other Signs as displayed on this Web Site if, because of the identity or affinity between the business activities of the holders of those signs and the products or services for which the mark has been adopted a risk of confusion for the public may arise, which may also consist in a likelihood of association between the Signs.

 

The prohibition also includes to the adoption as firm, name or company name, motto and domain name of a distinctive mark identical or similar to the Distinctive Signs for products or services even not similar if the use of the Distinctive Signs without grounded reasons let the employer to wrongfully take commercial advantage from the distinctive character or from the commercial reputation of the Distinctive Signs or anyhow is in prejudice of the Distinctive Signs.

 

Those who are interested in the use – even partial - of the Distinctive Signs or of the Contents must submit specific and detailed written request to the email address info@arthublive.com taking care to point out :

 

  1. the date of commencement of the use of the Distinctive Signs and/or of the Contents;

  2. the type of activity for which it is required the use of the Distinctive Signs and/or of the Contents;

  3. the temporal and territorial extension of the use of the Distinctive Signs and/or of the Contents;

  4. a detailed list of the materials on which the Distinctive Signs and/or the Contents should be affixed and specifications of the supports;

  5. the layout and / or drafts of materials and / or content in relation to which the Distinctive Signs and/or the Contents should be used.

 

All materials listed above must be received strictly, with a notice of not less than 30 days (thirty) from the date specified in the letter a) above.

 

Art Hub Live reserves with the widest discretion and according to the applicable laws to grant (or to partially grant) or to withhold permission for use of the Distinctive Signs and / or of the Contents. In any case, Art Hub Live has the right not to agree - and indeed to challenge - the use of the Distinctive Signs and/or of the Contents in the absence of full and timely discharge of even only one of the above conditions.

 

Any unauthorized use of the Distinctive Signs and/or of the Contents or of other distinctive signs to the same directly or indirectly linked shall be immediately prosecuted by Art Hub Live in all relevant forums.

 

In the absence of a written authorization, the Distinctive Signs and/or the Contents and any other different content/element of this Web Site may not, in whole or in part, be copied, reproduced, transferred, downloaded, commercialized, published or distributed in any way (including social network platforms) without the prior written consent of the Art Hub Live’s shareholders including the cases of mere personal use.

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