The Policy is an official document of the Company and is made in accordance with the Ukrainian laws, General Data Protection Regulation (GDPR), international legislation and standards in the field of personal data protection.
The Company reserves the right to amend the Policy from time to time by updating it and posting the amended Policy on the Site.
PLEASE, CAREFULLY READ THIS POLICY REGULARLY TO BE AWARE OF LAST CHANGES TO THE POLICY IN TIME. IF YOU CONTINUE TO USE THE SITE AFTER CHANGES TO THE POLICY ARE MADE, YOU AUTOMATICALLY AGREE TO BE BOUND BY THE UPDATED TERMS OF THE POLICY AND MUST FULLY RESPECT THEM.
1. Company services
ARTNATION CORPORATION LTD specializes in creating and developing loyalty programs for retailers and other business entities. The Site provides you with the opportunity to review the Company's portfolio and our loyalty programs, view and download materials containing information about our loyalty programs with data on their effectiveness and other files, and you can also send us the requests through the Site (“Company Services”).
2. Registration of user
You can register on the Site by creating a user account that allows you to access all the functionality of the Site. Registration is carried out using the form provided on the Site, with the mandatory indication of your e-mail address. You also have the option to register using your social media profiles (Facebook, Google+, Instagram). When registering on the Site through social media, the following categories of information about the user will be available to the Site: name, e-mail address, public profile address on the social media, date of birth, gender, city and country of residence, profile picture.
By using the Company Services, you represent and warrant that: (A) all registration information you submit is truthful and accurate and you will maintain the accuracy of such information; (B) you will keep your password confidential and will be responsible for all use of your password and account; (C) your use of the Company Services does not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
3. Sending user requests
If you have any questions regarding our loyalty programs or our business activities, you can contact us by using the form provided for on the Site or using our “Contacts” website page. Please note that the content on the Site is intended solely for business use by business users. We reserve the right not to respond to the requests that do not pertain to our loyalty programs or business activities.
If you are a business user and we provide you with any information in response to your request through the Site, we make no representations or warranties, whether express or implied, as to the accuracy or completeness of such information, and you should not rely on it. You should obtain professional or specialist advice before taking, or refraining from, any action on the basis of our response or the content on our Site.
4. Intellectual property rights
The Site, its content and and the trademarks, service marks and logos contained therein are owned by ARTNATION CORPORATION LTD or its licensors and are protected by applicable intellectual property laws and international treaties around the world. Content on the Site includes, without limitation, all source code, databases, functionality, software, Site’s designs, audio, video, text, photographs and graphics. All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Company in Ukraine and other countries.
The user may not distribute, modify, create derivative works or adaptations of, publicly display or in any way use any part of the content on the Site, in whole or in part, except as specifically authorized by the Company.
You may only download the materials posted on our Site or print off one copy of any page from our Site for personal use only and to provide such materials to the directors, shareholders, specialists and other employees of your organization. You shall not use any part of the content on our Site for commercial purposes without obtaining a license from us or our licensors.
You have the right to republish content from the Site subject to the terms and conditions set forth in the section “Rules of republishing / linking” of this Agreement. In any case, the Administrator of the Site reserves the right to refuse to republish the materials of the Site without any explanation of the reasons of such refusal or to make its own adjustments to the conditions for placing a link to the original source of the content of the Site that you wish to publish.
5. Rules of republishing / linking
For republishing of any content of the Site you must obtain the permission from Company by contacting the e-mail address: firstname.lastname@example.org.
Upon receipt of written permission from Company, you may use the content of the Site provided your republication complies with the following requirements:
- when publishing the text materials of the Site, you must use a link to the full version of the material on the Site in the first paragraph of your text or in the lead if it’s article and provide following copyright notice:© ARTNATION, 20XX, where XX is a year of publication;
- in the text of the article or upon completion of the material, you must indicate the source using the link to the main page of the Site;
- when publishing a photo or video material from the Site, you must place a link to the source of such material from the Site in such a way that such a link and its connection with the published content are obvious to other users of the resource on which you publish this photo or video material.
You may link to our home page or any other page on our Site, provided you do so in a way that is fair and legal and does not damage our business reputation.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.
If you republish or use the content of our Site without written permission from the Company, or in breach of rules for republishing / linking set out in this Agreement, or such republishing or linking damaged our business reputation, your right to use our Site will cease immediately and you must compensate losses incurred by us as a result of such republishing / linking.
6. Third party websites and content
7. User conduct
As a user of the Site, you may not: (1) remove any copyright, trademark or other proprietary rights notices on any part of the Site or its content; (2) reproduce, modify, create derivative works based on the Site and its content, distribute, license, sell, resell, publish, publicly reproduce, or otherwise use the Site or its content, except as provided by the Company in this Agreement; (3) decipher, decompile, disassemble, reverse engineer the Site; (4) run any programs or scripts for the purpose of indexing, locating, or any other data analysis of any part of the Site, or unduly burden or interfere with the operation of any functionality of the Site; (5) attempt to gain unauthorized access to the Site or disrupt any aspect of the operation of the Site; (6) use the Site to breach the security of any computer network, crack passwords or security encryption codes, or engage in any type of illegal activity; (7) make any unauthorized use of the Company services, including collecting usernames and/or e-mail addresses of users by electronic or other means for the purpose of sending unsolicited e-mail, or creating user accounts by automated means; (8) harass, annoy, intimidate or threaten any Company employees or agents engaged in providing any portion of the Company services to you; (8) conduct systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the Company; (9) use any information obtained from the Site in order to harass, abuse, or harm another person; (10) use the Company services as part of any effort to compete with the Company; (11) use the Site in a manner inconsistent with any applicable laws.
8. Company management
The Company reserves the right but does not have the obligation to: (1) monitor the Site for violations of this Agreement; (2) suspend or withdraw access to our Site and take appropriate legal action against anyone who, in Company sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities; (3) in Company sole discretion and without limitation, refuse, restrict access to or availability of all or any part of the Site for business or operational reasons; (4) otherwise manage the Site in a manner designed to protect the rights and property of Company and others and to facilitate the proper functioning of the Site.
9. Disclaimer of liability
The Site and the content on the Site is provided "as is" and "as available". To the fullest extent permitted by law, Company disclaims all representations and warranties, whether express or implied, that are not expressly set forth in this Agreement, in connection with the Site and the Company services and your use thereof, including, without limitation, the warranties of the merchantability, fitness for a particular purpose and non-infringement. Company makes no representations or warranties regarding the reliability, timeliness, quality, suitability or availability of the Site or any services provided through the Site and assumes no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site, (3) any unauthorized access to or use of our secure servers, (4) any interruption or cessation of transmission to or from the Site or Company services, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our Site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site.
You acknowledge and agree that all risks arising from your use of the Site remain solely with you to the extent permitted by applicable law.
The Company shall not be liable for indirect, incidental, consequential, exemplary, special or punitive damages, including lost profit, lost revenue, loss of data resulting from the use of the Site or Company services, even if the Company was informed of the possibility of such damage. The Company shall not be liable for any damage or loss that arises from (1) your use of the Site or your reliance on the operation of the Site; (2) any transaction between you and the Company, even if the Company has been advised of the possibility of such damages. The Company is not responsible for the untimeliness or failure to perform the functions of the Site due to reasons beyond the reasonable control of the Company.
The limitations or exclusion of liability provided in this section of the Agreementare not intended to limit liability or change your rights as the user, which cannot be excluded or limited under applicable law.
10. Term and termination
This Agreement shall remain in full force and effect while you use the Site. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us using the contact information below.
Company reserves the right to, in Company’s sole discretion, deny access to and use of the Site and the Company services, to any person for any reason, including without limitation for breach of any representation, warranty or provision contained in this Agreement, or of any applicable law.
If Company terminates or suspends your account for any reason, you are prohibited from creating and registering a new account under your name, a borrowed or fake name, or the name of any third party, even if you are acting on behalf of the third party. In addition to terminating or suspending your account, Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Any provisions of this Agreement that need to survive the termination or expiration of this Agreement in order to fulfill the purposes of such provisions shall be deemed to survive for as long as necessary to fulfill such purposes.
11. Resolution of disputes
This Agreement and all aspects of the Site and Company services shall be governed by and construed in accordance with the laws of Ukraine without regard to conflict of law provisions. All disputes that may arise in relation to this Agreement shall be resolved through amicable negotiations and the Parties agree to make every effort to resolve such disputes. If the Parties fail to resolve disputes through negotiations, such disputes shall be resolved by courts of Ukraine.
12. User’s data
Company may modify this Agreement from time to time. All changes to this Agreement will be posted on the Site and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the Site and Company services after any such modification becomes effective. Company may also, in its discretion, choose to alert all users via e-mail of such modifications. Please, regularly review this Agreement and keep your contact information accurate in your account settings to ensure you are informed of changes. You agree that you will periodically check the Site for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting.
14. Other provisions
This Agreement constitutes the entire agreement between you and Company regarding the use of the Site and Company services. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law.
This Agreement and your account may not be assigned by you without our express written consent. Company may assign any or all of its rights and obligations to others at any time. There is no joint venture, partnership, employment or agency relationship created between you and Company as a result of this Agreement or use of the Site and Company Services.
Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Company's reasonable control.
Upon Company’s request, you will furnish Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Company by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
15. Contact us
In order to receive further information regarding use of the Site and Company services, please contact Company using following e-mail: email@example.com.
Date of last revision: 27.03.2023