Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this Privacy Policy:
Account means a unique account created for You to access our Service or parts of our Service.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Application means the software program provided by the Company downloaded by You on any electronic device, named iPosterSessions
Business, for the purpose of the CCPA (California Consumer Privacy Act), refers to the Company as the legal entity that collects Consumers' personal information and determines the purposes and means of the processing of Consumers' personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers' personal information, that does business in the State of California.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to aMuze! Interactive AB, Hammarby Fabriksväg 23, 120 30 Stockholm, Sweden.
For the purpose of the GDPR, the Company is the Data Controller.
Consumer, for the purpose of the CCPA (California Consumer Privacy Act), means a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose.
Country refers to: Sweden
Data Controller, for the purposes of the GDPR (General Data Protection Regulation), refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Do Not Track (DNT) is a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.
Facebook Fan Page is a public profile named iPosterSessions specifically created by the Company on the Facebook social network, accessible from https://www.facebook.com/ipostersessions
Personal Data is any information that relates to an identified or identifiable individual.
For the purposes for GDPR, Personal Data means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.
For the purposes of the CCPA, Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.
Sale, for the purpose of the CCPA (California Consumer Privacy Act), means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer's personal information to another business or a third party for monetary or other valuable consideration.
Service refers to the Application.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used. For the purpose of the GDPR, Service Providers are considered Data Processors.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Under GDPR (General Data Protection Regulation), You can be referred to as the Data Subject or as the User as you are the individual using the Service.
System performance prior to and during the EVENT
- We shall take all commercially reasonable steps in accordance with industry best practice, including engaging in appropriate testing, to ensure that the APPLICATION is fully functional and running properly prior to making it available to the Authors and also prior to its being made available for use at the EVENT.
- We will not be held responsible for problems with the functioning of the APPLICATION for AUTHORS or attendees due to poor local internet connectivity, local firewalls, improperly configured computers, or other factors outside of our control.
- We will coordinate and cooperate with the CLIENT, and with other contractors and sub-contractors for the CLIENT, to support the overall goals, objectives, and plans for the APPLICATION and the EVENT. Should the APPLICATION not run properly, we will work with the above parties to determine the source and solution of the problems, and immediately remedy any problems caused by our APPLICATION.
- We will not be held responsible for problems with the functioning of the APPLICATION during the EVENT due to any of the equipment or services provided by the CLIENT or its sub-contractors, including, but not limited to, the abstract management system, the virtual EVENT platform, or any online meeting services such as Zoom, Webex, Microsoft Teams, etc. used by participating Authors, EVENT participants or their institutions. Or, in the case of a live event, the AV vendor, the EVENT venue, the on-site providers of Internet and electricity, or the webinar/live session provider.
- We will not be held responsible for any problems in using the APPLICATION caused by any such equipment or services which do not meet the minimum specifications set by us; caused by not following the written set-up and installation instructions provided by us; caused by personnel not trained or experienced in installing or running the equipment; or caused by anyone - not authorised by us - who in any way alters the APPLICATION.
Intellectual property
- The CLIENT is responsible for all content loaded into and stored in the System. The CLIENT agrees not to knowingly include or permit the display of any content or any use that would constitute a violation of any applicable laws or regulations, or that would infringe upon our or third party’s intellectual property, including but not limited to copyrighted texts, images, videos, and trademarks. We will not be held liable in the event of any such use or infringement. If such content is found in the system, the CLIENT will work to remove the content from the APPLICATION as soon as possible.
- All user-generated content that has been loaded into the APPLICATION – including but not limited to texts, images, and videos – is the sole property of the CLIENT and/or its clients, its Authorised Authors and contributors. We have no right to alter such content in any way without the expressed permission of the CLIENT.
- The APPLICATION itself – including code, software, database design and structure, information about the APPLICATION, techniques, or any other tools or data developed for the creation and use of the APPLICATION – belongs solely to us and may not be transferred or assigned without our expressed written permission.
- The provisions of this Section 4 shall survive the expiration and any termination of the AGREEMENT.
Grant of Use
1. Subject to this AGREEMENT we grant to the CLIENT a non-exclusive and non-transferable right to use the APPLICATION within the context of the EVENT according to the terms of this AGREEMENT.
Personal Data
- The CLIENT agrees to share the Author names and emails with us on the terms set out in this Agreement.
- We agree to use the data to contact AUTHORS in order to support them in using the APPLICATION.
- Both parties will ensure they employ appropriate operational and technological processes and procedures to keep AUTHORS' personal data safe from unAuthorised use or access, loss, destruction, theft or disclosure.
- Both parties will agree to inform each other as soon as possible if they become aware of any potential data breach relating to the shared data.
Force Majeure
- Neither party will be responsible for not fulfilling its obligations according to this AGREEMENT if caused by restrictions of governmental agencies; labor disputes; “acts of God”; natural disasters; actual or threatened terrorism; civil disorder, fire; other emergencies; epidemic ;or for any other reason beyond the party’s reasonable control that make it illegal, commercially impractical, or impossible for such party to perform its obligations under this AGREEMENT (“Force Majeure Event”).
- A Party wishing to invoke a Force Majeure Event shall give immediate notice to the other Party of the commencement and the cessation of a Force Majeure Event. Both Parties shall use reasonable endeavors to prevent and reduce the effect of any non-performance of the AGREEMENT caused by a Force Majeure Event.
- Neither Party shall have any liability to the other in respect of the termination of the AGREEMENT as a result of a Force Majeure Event.