Privacy Policy

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Privacy Policy

October 2020

ArtyClick, Pty Ltd is the owner and responsible for the website www.artyclick.com and its subdomains. ArtyClick, Pty Ltd is bound by the Australian Privacy Principles (APPs), which regulates how we collect, use and disclose your personal information. A copy of the APPs may be obtained from the website of The Office of the Australian Information Commissioner at www.oaic.gov.au.

The Privacy Policy applies to the information we collect from you when you visit our website or its subdomains, including user registration and subscriptions, using our services, collaboration, or personal information provided when filling in online forms or surveys.


Definitions

This document regulates the processing of personal data belonging to the Website’s ("Website") users ("User" or "Users") performed by ArtyClick, Pty Ltd ("ArtyClick"), collected through the use of the services offered on the Website ("Services"). By using and accessing our Website, the User acknowledges that they have read this Privacy Policy and fully consent to it.


Data We Collect

ArtyClick collects the following types of personal data:

  • Profile Data: name / username, profile settings (downloads, saves, subscriptions, usage etc.).

  • Contact Data: email and postal addresses.

  • Usage Data: information about how Users use our Website, products and services.

  • Technical Data: Internet Protocol (IP) address, browser type and version, operating system, language, country of origin.

  • Payment Data: billing addresses and payment details as required by our trusted payment service provider.

  • ArtyClick Services-Specific Data: data and files uploaded by the User to generate personalized designs, and generated designs.

ArtyClick does not store credit / debit card numbers as this data is managed by our external trusted payment service provider. ArtyClick does not store passwords as they are managed by our external trusted authentication service provider.

ArtyClick does not collect any personal data related to sensitive categories (racial, political, religious etc.). ArtyClick does not collect the age nor the date of birth of their Users. Consequently, there is no specific data treatment for minors, and ArtyClick is exclusively targeted to users of legal age.


How We Collect Data

Using the Website

When a User visits and uses our Website, it automatically stores and collects information, in general technical about the device, browsing activity and usage patterns. ArtyClick collects this data through the use of cookies. Most web browsers can be set to disable the use of cookies. However, if the User disables cookies, the User will not be able to access the full functionality on the Website.

ArtyClick also stores information about the number of requests (such as design generation requests) and the number of saves initiated by the User. This information is collected in order to control the User's usage complies with the Terms of Use of this Website and to detect fraudulent usages. In addition, we use personal information to perform analyses that help us to improve the quality of our Website, offer new features and improve our overall Users’ experience.

When a User generates designs with the images they upload, ArtyClick stores the files to provide the respective services.

User registration

When a User registers on our Website or subscribes to our newsletter, ArtyClick stores data to develop the Website, provide the service and offer relevant features.

User subscriptions

Payment and billing data is managed directly by our external payment service provider which is in charge of processing the payment. ArtyClick does not store the User's financial data.

Requests for information about products, services or jobs

Any information received by ArtyClick (including contact forms and surveys) will be stored and solely used to respond to inquiries, suggestions or complaints sent by the Website’s Users.


How We Use Data

We mainly use personal data of our Website’s Users:

  • To provide ArtyClick design services

  • To create and manage User accounts

  • To personalize User experience and User service

  • To improve our service

  • To communicate with Users

  • To enable the processing of transactions

The table below shows the different ways in which we can use personal data.


Data collection

Data type

Purpose

Data governance

Using our Website

Technical data,
Usage data,
ArtyClick services-specific data

To provide ArtyClick design services,
To improve our service and User experience

ArtyClick through a trusted secure server

User registration

Profile data,
Contact data,
Technical data

To create and manage User accounts,
To personalize User experience and User service,
To communicate with Users

ArtyClick through a trusted secure server,
Third party trusted authentication service provider

User subscriptions

Contact data,
Payment data

To allow Users access to premium services
To enable the processing of transactions

ArtyClick through a trusted secure server,
Third party trusted payment service provider

Requests for information

Profile data,
Contact data

To communicate with Users,
To improve our service and User experience

ArtyClick through a trusted secure server


If you want to learn more about our payment service provider, please refer to Stripe Privacy Policy. If you want to learn more about our authentication service provider, please refer to Amazon Web Services Privacy Notice.


How We Keep Data

We keep the User's information only so long as we need it to provide service to the User and fulfill the purposes described in this policy. This is also the case for our service providers. When we no longer need to use the User's information and there is no need for us to keep it to comply with our legal or regulatory obligations, we'll either remove it from our systems or depersonalize it so that we can't identify the User.


How We Secure Data

It is important to us to keep the User's data secure. This is why ArtyClick partners with external experienced and specialized service providers to manage sensitive data including payment data and passwords. All supplied sensitive/credit information is managed by our providers only to be accessible by those authorized with special access rights to such databases, and are required to keep the information confidential. User's private financial information (credit cards, social security numbers etc.) and passwords are never kept on file at ArtyClick.

ArtyClick implements strong physical, electronic and managerial procedures - icnluding the use of a secure server - to safeguard User’s personal information against unauthorized access, disclosure or alteration. While we aim at providing the maximal security to our Users, there are no guarantees that the information may not be accessed or destroyed in an event of a breach of our safeguards.


Disclosure of Data

ArtyClick does not transfer nor share collected personal data with third parties external to the company apart from the trusted service providers outlined in this policy. The information provided is only used for identifying the User, managing the account on the Website and providing and improving Services to the User. When engaging with third parties, personal information will only be used for the purposes described above, and it will be managed in compliance with ArtyClick policy guidelines, their privacy policy and the applicable data protection regulation.

We may share personal information with:

  • Our service providers, to manage systems and information technology.

  • Payment platforms and institutions involved in the transaction process, to ensure the fulfillment of the necessary transactions.

  • Third parties providing professional services to ArtyClick, such as legal or accounting advisers.

  • Other service providers necessary for the development of ArtyClick business activity.

ArtyClick only relies on service providers that adopt enough and proper technical and organizational measures to ensure that data processing complies with the applicable law regarding data protection.

We may disclose personal and non-personal information about the User to government or law enforcement officials or private parties if necessary in order to respond to claims or legal processes, or to comply with applicable laws and regulations.


International Data Transfer

ArtyClick is incorporated in Australia. Information collected via our Website, or through interactions with the User may be transferred to our servers or personnel, or to third party service providers, located throughout the world, and may be viewed and hosted anywhere in the world, including the European Union and the United States of America. To the fullest extent allowed by applicable law, the User voluntarily consents to the trans-border transfer and hosting of such information.


General Data Protection Regulation (GDPR)

If the User is from the European Economic Area (EEA), their personal data is protected by GDPR, an EU-wide privacy and data protection law that regulates how data is protected, and enhances the control the EU residents have over their personal data. These principles include the requirement that Users have the right to access their own personal data. They can also request a copy of their data, and that their data be updated, deleted, restricted, or moved to another organization.

ArtyClick is fully committed to helping the Users meet the data subject rights requirements of GDPR.


User's Rights

The User can exercise the rights described below by logging in the User account or by emailing us at support@artyclick.com. To protect the User's privacy and security, we may take reasonable steps to verify their identity before granting the User profile access or making corrections.

Accessing personal data

If the User is concerned about their personal data, they can contact us to receive information about it. They can also request a copy of their personal information provided to ArtyClick.

Correcting personal data

The User has the right to request us to correct personal data where it is inaccurate. The request must be sent together with supplementary documentation that accounts for the inaccurate data.

Changing Communication Preferences

By submitting the email address on the Website, the User agrees to receive emails from us. The User can cancel their participation at any time by clicking on the opt-out link included in the respective email or by contacting us at support@artyclick.com. We only send emails from ArtyClick to Users who have authorized us to contact them. We do not send unsolicited commercial emails.

Deleting Personal Data

The User can cancel their account at any time. The personal data will be erased from our active databases immediately, and from the safety back-up systems when the next back-up is done.

When requesting for closing the account and erasing all personal information, the User must note that ArtyClick may keep and use personal information where it is required to comply with our legal obligations. Also, the User must note that we may not be able to update or delete all personal information stored with our external service providers and shared prior to the User's request.

Objecting or Restricting Data Processing

The User has the right to object the way ArtyClick collects or processes data. The User also can contact us to request a restriction on the collection of their data where there is a reason for it.


Cookies

What are Cookies

A cookie is a small piece of data stored on the User's computer or mobile device by the User's browser. The information is used to optimize the Users' experience by customizing our Website content based on the User's characteristics and preferences. Disabling cookies will significantly impact the performance of our Website and the User will not be able to stay logged in.

Cookies We Use

We use the following types of cookies:

  • Technical cookies that allow the User to navigate through the Website.

  • Personalization cookies that allow the User to access our Services tailored to the User.

  • Analysis cookies that follow and analyze the User's behavior on our Website. The information collected through this kind of cookies is used to measure the activity of the Website with the purpose of improving and enhancing the Website.

We use Google Analytics to analyze the traffic and behavior on our Website. You can learn more about it here.


Third Party Resources

ArtyClick may display, include or make available third party content or provide links to third party websites or services. The User acknowledges and agrees that ArtyClick is not responsible for any such services, including their accuracy, copyright compliance or quality.

This Privacy Policy applies only to our Services. Third party services and links thereto are provided solely as a convenience to the Users and when the User uses a link to go from the Services to another website, our Privacy Policy is no longer in effect.

If you would like to report a third party content on our Website, please contact us by sending an email to support@artyclick.com


Disclosure

ArtyClick reserves the right to transfer information to a third party in the event of a merger, sale or other transfer of the assets, reorganization or similar proceeding, provided that the third party agrees to adhere to the terms of this Privacy Policy.

Some of the Services offered on the Website may be subject to specific privacy policies, which will substitute the present Privacy Policy. These additional privacy policies must be accepted by the User before initiating the corresponding Service. The access and use of the Website and Services are governed by the Terms of Use of the Website.

The User is responsible for maintaining the secrecy of their unique password and account information at all times.


Changes To Privacy Policy

If we decide to change our privacy policy, we will post those changes on this page, and/or update the Privacy Policy modification date at the top.


Contact Us

If you do not agree with the way ArtyClick processes personal data, or have any questions or concerns, you can contact us by sending an email to support@artyclick.com or by submitting a form on our Website www.artyclick.com.

Terms of Use

October 2020

ArtyClick, Pty Ltd is the owner and responsible for the website www.artyclick.com and its subdomains ("Website"). ArtyClick, Pty Ltd ("ArtyClick") is registered as Australian Private Company in Sydney, NSW, Australia. These Terms of Use ("Terms") apply to the access and use by the users ("Users") of the Website and its services ("Services"). Accessing and using the Website implies that the User has read and accepts these Terms.


Our Services

Services offered

The User can use our Website to generate visual content, work with colors and generate color palettes. The User can upload their content to the Website to personalize the Services.

Storage

ArtyClick stores the content uploaded by the User to our Website to allow the generation of personalized Services at the time of the upload and in the future. Such data is stored securely on our server and can only be accessed by the authorized User responsible for the upload of the content. ArtyClick periodically permanently removes outdated content and thus there are no guarantees that the User's uploaded content will be available at any time. The User is solely responsible for the uploaded content and must ensure its utilization is legitimate. ArtyClick is not responsible for the User's uploaded content and it has no obligation to check or control the User's uploaded content.

From the moment the request is made by the User to generate visual content using our Services, a unique link is created to the live location of the generated content. It remains active for 1 day before it is removed permanently. The User may choose to download the generated content via the live link at any time during these hours. The User may also choose to share the link address with others. Only users with the link address can access the respective generated content. ArtyClick passes the link exclusively to the authorized User sending the request and does not share the link with any other users.

The User may choose to save the generated content to their ArtyClick profile. Such data is stored securely on our server and can only be accessed by the authorized User responsible for the request.

Updates to Our Services

ArtyClick reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services, with or without notice and without liability to the User. ArtyClick may from time to time provide enhancements or improvements to the features and functionality of the Services, which may include patches, bug fixes, updates, upgrades and other modifications. Updates may modify or delete certain features or functionalities of the Services. The User agrees that ArtyClick has no obligation to provide any updates or continue to provide or enable any particular features or functionalities of the Services to the User. The User further agrees that all Updates will be deemed to constitute an integral part of the Services, and subject to these Terms.


Authorized Use

The User is only allowed to use the Website and the Services in accordance with these Terms and in good faith. The User agrees that any activity on the Website and usage of our Services will always arise from a legitimate interest. The User must not carry out any action that may damage, overload or disrupt the normal use of the Website or the Services. The use of robots, spiders or any other automation tools to access, copy or manipulate any part of the Website or the Services without its prior authorization by ArtyClick is strictly prohibited and will result in the cancellation of the User’s account and the obligation for the User to indemnify ArtyClick for all damages encountered due to the User’s breach of this agreement.

The rights granted to the User under these Terms are personal and non-transferable to any third party without the prior consent from ArtyClick.


Registration

The User must register and activate an account to use certain features of our Services. The User must provide the required information and the User acknowledges that such information is true and up to date.

The User is responsible for their account password and must keep it confidential. The User must not allow other users to access our Services through the User's account.


License Agreement for ArtyClick Content

ArtyClick authorizes (in a non-transferable, limited and non-exclusive manner) the User to download and use the generated ArtyClick content ("Content") under the following terms:

  • The Content is used in a manner that does not suggest any endorsements by ArtyClick.

  • The User must not resell or sublicense the Content or any derived work from the Content.

  • The User must not use our Services to generate Content that may be considered defamatory, obscene, immoral or illegal.

  • The User must not upload content that may be considered defamatory, obscene, immoral or illegal.

If the User breaches any of the above terms, their rights will end immediately, and the User must stop using Content and destroy every copy thereof.


Subscriptions

The available subscription plans including the prices and conditions (including, but not limited to, restrictions on the number of requests) are detailed on the Website. ArtyClick can modify, add new or remove subscription plans, at any time without notice.

The prices on the Website are in Australian Dollars and include taxes where applicable. ArtyClick can modify the subscription prices at any time without notice. ArtyClick will apply the price stated at the time of the subscription order made by the User.

The User shall pay in advance through the payment methods stated on the Website. The payment is made through our trusted third party payment service provider. The User's subscription is activated upon the receipt of the respective payment by ArtyClick, for the term purchased by the User. The User may view and download their purchase receipts on the Website by navigating to their profile page.

The subscription shall be renewed automatically at the expiration of its term, unless stated otherwise in the Terms or canceled by the User before its expiration. The User may cancel the subscription at any time. The subscription cancellation shall come into effect at the end of the billing period. Since the product is digital, no return or refund right shall apply. ArtyClick can modify the subscription price, provided that the User is given at least one-month prior notice.

After the purchase, the User is entitled to use the Services in accordance with these Terms and conditions stated in their subscription plan.


Liability

While ArtyClick provides the Website and the Services in good faith, use of the Website and Services is at the sole risk of the User and ArtyClick shall not be liable for any direct or indirect, or incidental damage of any kind, including but not limited to, damages for loss of profits or data, caused to the User as a result of using the Website or the Services.

ArtyClick is not responsible for any content, code or any other imprecision. ArtyClick does not provide any warranties or guarantees, including for the accuracy, completeness, authenticity, reliability, or timeliness of any information or content provided on the Website or through the Services. ArtyClick does not warrant that the Services will be uninterrupted, uncorrupted, timely, or error-free. The Services and their contents are provided "as is" and "as available" without any warranty or representations of any kind. ArtyClick does not warrant that the Website or any files obtained from or through the Website or the Services are free from harmful code, computer viruses or other defects. No advice or information given by us or any of ArtyClick affiliates, or the like will create a warranty.

ArtyClick does not accept any liability in relation to the User's uploaded content nor the utilization of the content generated using our Services by the User.

ArtyClick shall not be liable for any third-party content (including links, data, applications and other products) displayed or made available on the Website or through the Services, including their accuracy, completeness, legality or quality. Third-Party services and links thereto are provided solely as a convenience to the User and the User uses them entirely at their own risk and subject to such third parties' terms and conditions.


Intellectual Property

All intellectual property rights over the Website and the Services, including any elements in its design and source code (including but not limited to, text, logos, icons, images, animations, videos, algorithms, databases) belong to or are licensed by ArtyClick. The User must not copy, modify, reproduce, download or distribute such material in any way, in whole or in part, without the express prior permission of ArtyClick, unless and except as is expressly provided in these Terms. Any unauthorized use of the ArtyClick's intellectual property is strictly prohibited.

If the User submits or posts any ideas, suggestions or data, including ideas for new or improved products, services, features, technologies or promotions, the User expressly agrees that such submissions will automatically become the sole property of ArtyClick without any obligations to the User.


Disclosure

ArtyClick may suspend or cancel the User's account at any time if it considers the User has breached these Terms.

ArtyClick may, at any moment and without any obligations towards the User, modify the content of the Website or the Services, limit or modify the conditions or terminate the provision of some or all the Services and features available, or deactivate and delete all or some of the User information.

These Terms, together with the Privacy Policy and any other legal notices published by ArtyClick, shall constitute the entire agreement ("Agreement") between the User and ArtyClick. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.


Changes to Terms of Use

We may change our Services and update these Terms at any time. Modifications to these Terms will be effective immediately. We thus recommend that the User regularly reviews the Terms. The latest update date is displayed at the top of this document. The User must not use the Website and the Services if the User does not consent to these or any updated Terms fully and without exception.


Contact Us

If you have any questions or concerns, you can contact us by sending an email to support@artyclick.com or by submitting a form on our Website www.artyclick.com.

Contact Us

ArtyClick, Pty Ltd ("ArtyClick") is the owner and responsible for the website www.artyclick.com and its subdomains including promo.artyclick.com, design.artyclick.com and colors.artyclick.com. ArtyClick is registered as Australian Private Company, based in Sydney, NSW, Australia.

If you have any questions or concerns, you can contact us by sending an email to support@artyclick.com or by submitting the below contact form.

Contact Form