Please view in landscape

Imprint

simplify.art GmbH

Kundmanngasse 13/10,
1030 Vienna, Austria

UID: ATU75916323
FN: 540196g
E-mail: contact@simplify.art
Web: www.simplify.art

Terms & Conditions

1. General

By downloading/using the website www.simplify.art the user accepts these terms and conditions and the data privacy policy (the “conditions”) as a contractual basis for the services provided by simplify.art.art IT solutions OG (“simplify.art“).

simplify.art as the responsible operator of the app and the website www.simplify.art.art and as the “controller“ according to the European General Data Protection Regulation and the Amendment of the Austrian Data Protection Act 2018 takes the protection of personal data very seriously. Our obligations are defined in the privacy policy following hereafter.

simplify.art may at its sole discretion change or discontinue the app or website at any time in whole or in part, or decide to offer services only in return for payment.

2. Login, Registration and Data Processing

When registering for the app or website, the user has to fill in the obligatory fields which are marked as such. simplify.art.art shall not be liable for the operability of the app/website and possible damage, if the app/website is not downloaded from official channels.

The following data will be processed by the app/website: email address of the user, the user’s chosen password. If paid services are used, also the name and payment information will be processed.

3. Costs of Using the App

The app can be used for free until further notice.

4. Costs and Conditions for the Use of Paid Web Services

Unless otherwise agreed upon, the prices for the use of paid web services are as listed under simplify.art. The user bears all costs and expenses linked to the payment, i.e. bank charges and handling fees. Prices are including VAT, fees and surcharges.

The contract may be terminated at any time, taking effect on the next date of a month corresponding to the date of registration. The contract can be terminated via the website.

Payment shall be made through the payment provider “Stripe”, of Stripe, Inc., 185 Berry Street, Suite 550, San Francisco, CA 94107, USA before services are activated. Their terms and conditions are available at https://stripe.com/at/privacy. simplify.art shall not be liable for the security of data processed by and incorrect payments caused by the provider.

simplify.art shall not be liable for any misuse, theft or loss of login data, the user’s credit or other data or information linked to the user’s account, which is not solely attributable to simplify.art.

In case of payment delays, simplify.art is entitled to suspend the services until payment has been made. Alternatively, simplify.art may also terminate the contract in accordance with section 4. The user’s data remain unaffected in case of payment delays and will only be deleted upon contract termination.

The user is not entitled to withhold payments or offset any receivables against simplify.art’s receivables.

5. Consumer Information

Consumer’s rescission of the contract according to § 11 of the Austrian Online and Distance Selling Act:

§ 11. (1) The consumer shall be entitled to rescind a distance selling contract or a contract that has not been concluded in the business premises of the seller within 14 days without any reason.

(2) The 14-day-period begins

(3) for a contract which is not subject to the delivery of a certain volume or amount of water, gas or electricity, district heat or the delivery of digital data not saved on any hardware drive, on the day the contract has been entered into.

The consumer does not have to use a specific form when rescinding the contract.
Example for retraction:
Hereby I rescind from the contract with simplify.art from [date]
Name
Address
Signature (if sent on paper)
Date

6. Third Party Material and Services

Certain content, products and services provided on the app/website can contain third party material like opening hours and address data. simplify.art can provide links to websites of third parties as a service to its clients. simplify.art is not responsible for the content or correctness of those websites. simplify.art does not guarantee, is not responsible for and not liable for the material or websites of third parties or any other material, products and services of third parties.`

7. Duties of the User

The user is responsible for keeping his personal data up to date.

The app/website can only be used by a registered user. The user shall take all measures to prevent unauthorized persons from gaining access to the terminal device and shall keep their password secret. The user is not allowed to give their password to third parties.

The user is obliged to provide correct and complete information.

8. User Liability

In case of a breach of the user’s obligations arising out of its fault or gross negligence or in case of a misuse of the app/the website, the user shall be fully liable for any damage caused by it.

The user guarantees to be entitled to upload and share the information it saves in the app or on the website (images, photos, logos, texts, etc.), respectively, that the uploaded content is free from any third party rights. The user shall indemnify and hold simplify.art harmless of any third party claims related thereto.

9. Warranty/Liability of simplify.art

simplify.art shall only be liable for any defects in design or title, for the correctness, accuracy, absence of any third party intellectual property rights, completeness or usability of the app/website or any information, software or documentation related thereto in case of its fault or gross negligence.

There is no liability whatsoever in case of negligence. This limitation of liability does not apply in case of damage to persons. In addition, simplify.art does not warrant that the app/website are available at all times.

10. Contract Term and Termination

This contract is concluded for an indefinite period of time. The user and simplify.art are entitled to terminate the contract at any time without any reason. The user may terminate the contract by deleting their account. The paid service can be terminated every month, taking effect on the next date of a month corresponding to the date of registration. The contract can only be terminated on the website.

In the case of an account being deleted, simplify.art shall delete all user data irretrievably within 30 days. In the case of big data sizes (galleries, museums) simplify.art will obtain the user’s second confirmation concerning the erasure of data.

11. Intellectual Property Rights / Right to Use the App

The app and all information provided on the website are protected by copyright. The user is entitled to use the app and the information provided on the website as intended and according to these terms and conditions. simplify.art grants a non-exclusive, non-transferable right to use the app to the extent necessary for its use. The right to use is limited to the term of the contract.

12. Governing Law and Jurisdiction

These terms and conditions are governed by and construed in accordance with Austrian law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the conflict of law rules. All disputes arising out of or in connection with these terms and conditions shall be settled by the competent court in Graz, Austria. A consumer’s action or an action against a consumer according to the Austrian Consumer Protection Act shall be brought before a court whose district includes the consumer’s domicile, normal residence or place of employment.

Privacy Policy

simplify.art as the responsible operator of the website www.simplify.art and as the “controller” according to the European General Data Protection Regulation and the Amendment of the Austrian Data Protection Act 2018 takes the protection of personal data very seriously. simplify.art hereby informs the user about the processing of personal data and their rights according to applicable data protection legislation in relation thereto. The way simplify.art processes data is determined by the respective products and services selected by the individual user.

simplify.art GmbH
Kundmanngasse 13
1030 Vienna
contact@simplify.art

simplify.art keeps personal data confidential and treats them in accordance with the European General Data Protection Regulation, the Austrian Data Protection Act 2018 and this Privacy Policy.

Using our app/website and our services is possible to a certain extent without providing personal data. It is at the user’s discretion to disclose personal data (name, address, email address) we might ask for on our website or on other documents. simplify.art only processes those personal data the user discloses in course of the registration process (email address, password, name and payment information [if applicable]).

Legal Basis for Data Processing

simplify.art processes personal data in relation to contract performance (Art 6 par. 1b GDPR), the user’s express consent/registration (Art 6 par. 1a GDPR) and to comply with legal obligations (Art 6 par. 1c), if applicable. In addition, we process data, if this is necessary for purposes of legitimate interests (Art 6 par. 1f GDPR) relating to advertising, market research and surveys, unless the user has exercised their right to object according to Art 21 GDPR.

Data Use and Data Transfer

Within simplify.art IT solutions OG, data will only be shared with those employees or consultants who have a verifiable need to know these data in order to be able to fulfil the contractual or legal obligations or comply with legitimate interests. Data may be shared with our processors and our distribution partners to the extent necessary for fulfilling their respective contractual obligations. All processors and distribution partners are contractually obliged to keep personal data confidential and process them only to the extent agreed upon. Transferring data to another country (excluding to those providers mentioned below) or to an International Organisation is not permitted. Data will not be used for automated decision-making.

However, the app may generate push notifications to display app-related information directly on the terminal device. For this purpose, the push notification system of the user’s operating system will be used. It cannot be guaranteed that the operating system provider of a terminal device does not get access to these data and transfer them to a third country. Please note that disabling the option to receive push notifications may limit the performance of certain services.

After having obtained the user’s express consent, we may use the data listed below for marketing purposes and sending newsletter regarding our products and services. The user can object this use of data at all times by sending an email to contact@simplify.art.

We will save the following data when our app / website are used:
— email address
— password (as defined by the user)
— name
— payment information

Data transfer on the internet (e.g. communicating via email) may imply certain security risks. For this reason, simplify.art cannot guarantee full protection of the user’s data against third party access. However, we have adopted a wide range of security measures to protect data against wilful or random misuse, loss, destruction or access by an unauthorised person. Our security measures are regularly evaluted and updated.

Processors

Our processors (providers, IT service providers, telecommunication providers, tax accountans, law firms), cooperation and distribution partners may get access to user data, if these data are necessary to fulfil their respective contractual obligations. All processors, cooperation and distribution partners are obliged to keep user data confidential and process them only to the extent agreed upon.

If provided by law, authorities and official institutions may receive personal data as well.

Period for which Data will be stored

simplify.art will store personal data for the period of the business relationship and such additional time as is legally foreseen to comply with documentation obligations. Such obligations may arise from the Austrian Commercial Code, the Austrian Federal Fiscal Code and the Austrian Civil Code.

Cookies

Our website may use cookies. These are small files which are stored on a user’s device (computer, smartphone, etc.) and which are designed to hold data specific to a particular device. Cookies do not present a threat to the user’s device and do not contain viruses. On the one hand, they contribute to the usability of websites (e.g. by saving login data), on the other hand, they collect statistical data regarding the use of websites and are able to analyse them for optimisation purposes. Users can decide, whether they accept the use of cookies or not. Most of the cookies we use are so-called “session-cookies”. They will automatically be deleted upon the end of the user’s visit on our website. Other cookies will be stored on the user’s device until they are deleted. These cookies enable us to recognise the user’s browser at their next visit. By modifying the browser settings, the user can receive notifications about the use of cookies, allow cookies only in certain cases, disable the use of cookies for all or certain cases and activate the automatic deletion of cookies when closing the browser. In case cookies are deactivated, the functionality of the app/website may be limited.

Server Logfiles

The technical provider we cooperate with is Hetzner Online GmbH, Industriestraße 25, 91710 Gunzenhausen, Germany. It collects and automatically saves information which the user’s browser automatically transfers to us through so-called server logfiles, such as:

— browser type, browser version
— operating system used
— referrer URL (website previously visited)
— host name resp. IP-address of the computer accessing the site
— time of server request

These data cannot be attributed to a specific person and will not be combined with other data sources. We reserve the right to examine these data, if there is an indication for an unlawful data use. simplify.art also reserves the right to change the technical provider and/or server.

Integration of Services and Contents of Third Parties

simplify.art may provide content of third parties like Google-Maps or other charts generated by third parties on our website. This implies that the providers of those contents (hereinafter referred to as “third party providers”) will know the IP address of the user. Otherwise, those contents could not be sent to the user’s browser. The IP address is therefore necessary to display all content accurately. We are committed to only integrate content of providers who use the IP address only to deliver the content required in a specific case. However, we cannot control whether the third party provider uses the IP address for statistical purposes. If we become aware of such use, we will inform the user about it.

Privacy Policy for the Use of Stripe

This website uses the service of the payment provider Stripe, Inc., 185 Berry Street, Suite 550 San Francisco, CA 94107, USA. Find more information about the processing of user data in Stripe’s privacy policy available at https://stripe.com/at/privacy.

Privacy Policy for the Use of Google Analytics

Our app uses features of Google Analytics. The provider of these services is Google Inc., 1600 Amphitheatre Parkway Mountain View, CA 94043, USA. Google Analytics uses cookies. These are text files which are stored on the user’s computer and which facilitate analyzing the use of the website. Information about the use of a website generated by cookies is usually transferred to and served on a Google server in the US. Please find more information on the processing of user data in Google’s privacy policy available at https://support.google.com/analytics/answer/6004245?hl=en.

By adjusting the browser software settings, the user can disable the use of cookies. However, this may limit the functionality of our website. The user can also disable the collection of data by Google Analytics by clicking on the following link: https://tools.google.com/dlpage/gaoptout?hl=en An opt-out cookie is set which prevents the collection of user data when visiting the website again: Deactivate Google Analytics.

We have entered into a contract with Google regarding the processing of data and we are dedicated to fully comply with the strict regulations of data protection authorities with respect to the use of Goolge Analytics.

IP anonymisation

We use the function “IP-anonymisation” on this website. When a user of Analytics requests IP address anonymisation, the IP address will be abbreviated by Google and displayed in this way within all member states of the European Union or other members of the European Economic Area. Only in exceptional cases the IP address will be transferred to a Google server in the US and abbreviated there. As requested by the operator of this website, Google will use this data to evaluate the use of this website, to produce reports regarding website activity and other services linked to the use of the internet in connection with the service provided. Google will not combine the IP address transferred by Google Analytics with other data. By using this website, the user agrees to the processing of data collected by Google as described above.

Privacy Policy for the implementation of Facebook-plugins (Like or Share Buttons)

Our services integrate Facebook plugins provided by Facebook Inc., 1 Hacker Way, Menlo Park, California 94025, USA. Facebook plugins can be identified by the Facebook logo or the “Like” button on our website. Please find an overview of these plugins at: http://developers.facebook.com/docs/plugins/. When the user clicks on a plugin, a direct connection between their browser and the Facebook server will be established. Facebook will be notified that the user visited our site with their respective IP-address. If the user clicks on the “Like” button on our site, while they are logged in on Facebook, the user can share our content on their Facebook site. In this way, Facebook can link the visit of our site to the user’s Facebook account. As the provider of the website we do not have any knowledge of the content of transmitted data and how they are used by Facebook. More information on the privacy policy of Facebook is available at: http://de-de.facebook.com/policy.php If the user does not want Facebook to link their visit on the simplify.art website to their Facebook account, the user has to log off Facebook before visiting simplify.art.

Privacy Policy for the use of Instagram

In our service we allow functions of Instragram to be embedded. The functions are provided by Instragram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA. If the user is logged in on Instagram, they can share content they save in their simplify.art app directly on their Instagram timeline. Instagram can link the two user accounts of Instagram and simplify.art. As the provider of the website we do not have any knowledge of the content of transmitted data and how they are used by Instagram. More information on the privacy policy of Instagram is available at: http://instagram.com/about/legal/privacy/

Right of Access, Right to Rectification, Erasure and Restriction of Processing

The user is entitled to obtain from the controller confirmation about personal data that have been processed, the source of these data, the recipients of personal data, if any, and the purpose of data processing. The user has a right of access, right to rectification, erasure and restriction of processing. The user also has the right to object the processing of personal data and a right to data portability. There is no obligation to agree to the processing of data, which are not necessary for the fulfilment of the contract or which do not need to be provided mandatorily by law. In case of any questions regarding user’s rights in relation to data protection, please send an email to contact@simplify.art. The user also has the right to lodge a complaint with the Austrian Data Protection Authority, Wickenburggasse 8, 1080 Vienna.

Adjustment of these Terms and Conditions

These terms can be adjusted at any time and will be updated and made available at www.simplify.art/gdpr.