CULTURE  APP _08112022

TERMS OF USE-PROTECTION OF PERSONAL DATA-PRIVACY POLICY

  1. INTRODUCTION

Culturevr platform, culture app application, culture app e-shop, as well as www.cultureapp.eu -website,  are managed by the Greek company under the name Digital Culture Monuments DCM IKE, which is activated in the field of providing services to tour guides and visitors to archaeological sites and other historical monuments and buildings. The company is seated in  Athens, at Kuprou Avenue 10, PO BOX 16452, with Greek Tax Registration Number  800 872 142, and Business Registry Number  1435 6030 1000, referred hereinafter as  ” Culture App”  .

  1. USE OF CULTURE APP

Each visitor is entitled to use CULTURE APP without providing any personal information and without any charge. We collect personal data only in case you proceed to registration as member of CULTURE APP through completion of the relevant form provided therein.  If you use and install the CULTURE APP as analytically defined below in PROCESSING OF PERSONAL DATA, only your consent is required with regard to the use of  specific application ‘s services as well as for your information with regard to acts and offers provided through the application.

  1. Terms and Conditions

3.1 These terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly  made available online, through PC or  any mobile device, by email or by telephone. By accessing, browsing and using our (mobile) website or any of our applications through whatever platform (hereafter collectively referred to as the “Culture App “, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy policy).

3.2 Upon completion of your purchase you will receive instructions on how to download the application to your mobile phone to access the content of the e-guide you have purchased. This assumes that you will be asked to provide certain permissions to access the application to functions of your mobile phone for the electronic guide to function properly, namely: a) Allow taking photos and recording videos while using the application, b) Allow it to access in the location of the device while using the application, c) Allow it to access photos and content on your device while using the application. If you do not agreed you should not proceed with the purchase.

3.3 In case you do not receive the email with the instructions, please check the spam folder and if it is not found in the spam folder, please let us know so that we can check and fix the problem. A common cause of such problems is the incorrect listing of your email.

3.4 You can delete the content of your purchase without uninstalling the application from your mobile phone and retrieve it for free whenever you need it. However, if you uninstall the Culture App from your mobile device, you will lose access to the material you purchased.

3.5 From time to time there will be improvements to the application depending on the needs of users and the evolution of mobile phones, and you will be asked to “Update” or “Ignore” when you enter the electronic guide. Select “ Update” to make your purchased services work properly.

 3.6 Although we will use reasonable skill and care in performing our SERVICES,, we will not verify  and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of Culture App or otherwise), inaccurate, misleading or untrue information or non-delivery of information.

3.7 Culture App  does not verify the availability, content, privacy policy, quality and completeness of the services of other web sites and pages referenced by “links”, hyperlinks or advertising banners,  as well as push notifications.  Consequently, for any problem might incurred through visit/use of the latter,  the user must contact directly the corresponding web sites and pages, which bear full responsibility for the provision of their services. The application should not in any case  be deemed to embrace or accept the content or services of the web sites and the pages to which it refers or is linked to them in any other way and has no responsibility with regard to the  user / visitor’s communication with third-party service providers advertised in the application, and any commercial transaction that may arise from the relationship between them.

3.8 The transfer or commercial exploitation of your purchase to third parties is not permitted. In case of violation of this condition, the company reserves the right to claim compensation. Similarly, compensation may be sought by the company, including reasonable legal defense costs, from intentional or negligent misrepresentation, act or omission by you or damage to third parties, in relation to the use of the company’s products and the content you are allowed to use the access.

3.9 The use of the company’s products does not cause injuries or loss of health. Any incidents of injury or loss of health from your mobile devices or in the cultural spaces during the use of the company’s products, related to the space and other conditions, do not imply that they have a direct or indirect relationship with the company’s products.

3.10 Any claim of the user of the company’s products may not exceed in total the amount paid to the company at the time of purchase.

 

  1. INVOICING POLICY-CANCELLATION POLICY

4.1 The prices of Culture App products are in euros and include VAT. The company’s products are sold also through affiliate and B2B collaborations. By choosing “purchase” you accept that a contract is concluded between you and Culture App with the date of this purchase and place Athens, Greece.

4.2 Through downloading and using of our free services no charges of any kind are enforced. Though in case you choose to download any content for which you are obliged to pay, you simultaneously  accept  our pricing policy and charges as well as all terms of use and pricing policy which might  appear at any point in  Culture App services.

4.3 You have the right to withdraw from the purchase contract within 14 days without giving any reason, provided that you have not used the product you purchased. Because the company’s products are electronic, use is considered when you redeem your purchase by downloading the paid content to your mobile device, either by clicking on the link we send you via email, or by scanning the QRCDE, or by using a password and this is recorded in the company’s administration as redemption and use of the product you purchased. Note that the money you pay for downloading the application  on your mobile phone or any other device is not refunded for any reason and cause, as this price corresponds to your right to use the application – even if this use is unique and an one -time use, regardless of whether you use or not our application and services.

4.4 You can uninstall Culture App at any point. Money that has been paid for use of our services until the time of uninstalling the application is not refunded for any reason or cause.

4.5 You undertake full responsibility with regard to filing of correct payment details for the  payments for our services. Incorrect payment details, debit cards, incorrect payment orders are  bearing solely  you, and our company has no responsibility for registering and returning incorrect payment orders.

4.6 The above-mentioned and under 4.1 till 4.5 terms also apply to all services provided by the website (www.culutreapp.eu ) or partners websites.

 

  1. METHODS OF PAYMENT-SECURITY OF TRANSACTIONS

5.1 DCM is using for all its transactions the payment services of the company under the name EUROBANK GREECE. Accepted Visa, Mastercard and Maestro cards (Not accepted American Express and Diners Club ).

5.2 The Eurobank Greece ePOS platform and the Payment Link and Live-Pay services fully support the 3D Secure security protocol.

5.3 All transactions you carry out through our online address are governed by International and European law, that regulates issues related to electronic commerce as well as by the Consumer Protection Law (Law 2251/1994) that regulates issues related to sales from distance.

 

6 PROTECTION OF PERSONAL DATA – PRIVACY POLICY

6.1 Personal data means all information that identifies you or can identify you directly or indirectly. Culture App has taken all necessary measures in order to ensure  privacy and confidentiality of information regarding our visitors / users of our services. The following terms of this Privacy Policy refer to the use of Culture App  services by both a visitor and a registered user who makes use of our online services. The use of our websites and the registration in our services implies the unconditional acceptance, consent, approval and agreement on behalf of  the visitor-user with the terms of use and this Privacy Policy and Personal Data Protection Policy and  Privacy Policy we follow . This policy is  deemed as  informative for the personal data subjects, in compliance to  Articles 13-14 of the EU Data Protection Regulation 679/2016 and your acceptance implies your consent to the collection and processing of your personal data as detailed in this Privacy Policy. Please read this Privacy Policy carefully in order to find out what information is collected when you visit our web pages,  as well as  when you use our online services.

 

6.2 WITHDRAWAL OF CONSENT

Please be advised that you have the right to revoke your consent  with regard to the collection and processing of your personal data at any time, without prejudice to the legitimacy of your CulturalApp data processed  until then. If you wish to withdraw your consent, you can contact us at  info@cultureapp.eu. In any case and at any stage in the use of our services, you may either refrain from granting special consent / approval  required for the  use of a particular service, or proceed to a general withdrawal of your consent as set forth herein. If you wish to withdraw your consent, exercise your rights, or if you have any general privacy concerns, you can address your request by contacting CulturalApp ‘s responsible for the protection and processing of Personal Data, Mr. Konstatninos Terzis, at  : info@CultureApp.eu

6.3 This Privacy Policy covers the conditions for collecting, processing and managing the personal data of visitors / users / members from Culture App. If a visitor does not agree with these terms, he / she must not make the booking and / or registration process and create an account on our website  or follow the Exception Procedure as described below. This Privacy Policy does not cover in any way the relationship between visitors / users / members of Culture App and any services not subject to control and / or ownership of Culture App. Users should keep in mind that our website may also contain links to other websites, but Culture App is not responsible for the privacy practices and policies regarding personal data, as well as the content of such websites.

6.4 Each visitor may browse the Culture App services without providing any personal information other than those  automatically collected by browsing the Website. If the visitor wishes to use Culture App or himself / herself  become a member of the Culture App in order to make use of its services, personal data are collected, as analytically defined in the respective form for registration. Culture App has the ability and reserves the right to store the visitor’s IP address and, if necessary, to contact its Internet Service Provider (ISP) in the event of a violation of the Terms of Use of the Culture App. Data not necessarily associated with the identity of a physical person may also be collected, such as namely IP addresses, browsers, operating system, cookies, advertising IDs and the type of device. It may also be required to disclose your location, as well as downloading camera data from your device in order to use the application’s services within your area. The Application can automatically collect the mobile device type, unique device ID, mobile device IP address, operating system, browsers, and information about how the application is used. When using the Application, it is possible with GPS (or similar) technology to determine your current location in order to identify the area you and proceed to sending of  related messages / data / custom functions

6.5 Personal data declared by the user / member anywhere on the Culture App  are intended solely to ensure the operation of the services provided and the legality of the transactions concerned and may not be used by any third party without observing the provisions of the General Regulation (EC) 2016/679, national legislation and related acts of the Data Protection Authority, Law 3471/2006, provisions of law with number 4624/2019,  and ePrivacy directive (2002/58 / EC, amendment 2009/136 / EC) as applicable today with regard to protection and processing of personal data. Finally, using the Culture App services, it is possible that we request or collect other information for statistical purposes, which are however disconnected from personal data

6.6 The user may withdraw his / her consent to the collection of data collected so far by sending an email to info@culutreapp.euWithdrawal of consent does not affect its legality of personal date already processed by CultureApp until the time of withdrawal.  Also Data collection from the Application can be terminated by uninstalling the Application by the user. The appropriate -as defined by the device, operating system, online store, or mobile company – procedure should be followed by the user. In addition, the user maybe excepted from collection of cookies of third parties  through the Network Advertising Initiative and from the Google Cookies data collection by modifying their personal settings in Google’s Ads Settings.

6.7 If you do not wish your location to be registered,  please disable Location Services in your mobile device settings. However, this will deprive you of certain features of Culture App.

6.8 Under Article 13 et seq. Of the General Data Protection Regulation 679/2016 / EU, you have the right for  information, right of access, right of rectification, right of remission, right to limit processing, right to data portability, right to object to the processing of personal data including opposed to automated decision-making and profiling, and the right to complain to the competent Data Protection Authority.

6.9 Culture App may collect and / or transfer your personal data to third parties in accordance with the applicable legal provisions in one of the following cases:

6.9.1 Advertising, Statistics, Repetitive Marketing

We may partner with web / mobile app statistics to help us understand how CULTUREVR also used to record statistics such as visitors,  frequency and duration of stay in our website.  We cooperate with advertisers and third-party ad networks, who need to know how users interact with Culture App Advertisers and ad networks use some of the information gathered from the Site / Application, including, but not limited to, the unique user ID of the user’s device and / or the mobile phone number. To protect the anonymity of information, we use encryption technology to ensure that third parties cannot cross the identity of individuals. Partners may also collect anonymous information about other websites / apps you’ve used / downloaded, webpages you visit, exact location information, and other inaccurate information about your location in order to display targeted ads within Culture App and elsewhere. Encrypted information you give may be passed on to our partners and combined with other available information about you for statistical analysis or advertising purposes. Our partners have no independent use of the information we  transfer  to them and have agreed to abide by the rules set forth in the relevant legislation. Users wishing to be excluded should follow the procedures as described in Section 6.2.

6.9.2 PARTNERSHIPS WITH THIRD PARTIES

We may transfer data to third parties in order to provide a service you have requested or a promotional offer offered by us or third parties. The transfer of information between affiliates includes applications or websites that integrate API or otherwise connected with our services

6.9.3 SOCIAL NETWORKS

It is possible that within Culture App we offer the possibility to share in Social Networks and other related tools that allow you to share your actions within the Culture App with other applications, websites or mass media, and vice versa. Using such features allows you to share information with your friends or the general public, depending on the settings you have defined in your personal profile. Please refer to the privacy policies of these social networking services for more information on how your data is handled.

6.9.4 NOTIFICATIONS / MESSAGES IN MOBILE DEVICES

We may partner with mobile SDK partners, including the One Signal Messaging SDK, for passive information collection, which generally helps us to send customized notifications / messages. These data can also be used to uniquely identify you, for example, to display targeted ads, messages, or content. This information may include personal information including your e-mail address. This information can also include exact WiFi location or information, installed and enabled applications, and unique device / user IDs (e.g., AndroidAdvertising ID). In most cases, you can opt-out of receiving notifications / messages by going to your device’s “Settings” and locating the appropriate settings (possibly under “Notifications”), and then changing these settings for some or all apps on your device. You can opt out of targeted ads that use unique mobile IDs to serve ads based on user interests. Exclude from these ads by opening the Google Settings app on your device by selecting ‘Ads’, then choosing the option to opt out of ‘Interest-Based Ads’. (Different device configurations, or updates to devices, may affect or change how these settings work.)

6.10 If there is a sale, merger, consolidation, change of control, transfer of essential assets, reorganization or liquidation of CultureApp then, at its absolute discretion, CultureApp may transfer, sell or assign information collected from the Website / Application to one or more related third parties. In this case, CultureAppwill notify all members of the Website / Application that are affected prior to the transfer of personal information or before being the subject of a different policy.

6.11CultureApp may provide data to the competent judicial, police and other administrative authorities upon legal request in order to Comply with applicable laws, correspond to governmental inquiries (or investigations by law, governmental or semi-governmental or local or Internet Protection Authority of any kind), comply with a valid legal process, protect its rights and property, the Website and / or other users of the website.

6.12 PROCEDURES REQUIRING COLLECTION AND PROCESSING OF PERSONAL DATA AND PUBLIC IDENTIFICATION INFORMATION (PII)

6.12.1Sign up on the Culture App

In order to create an account on the Culture App, the affiliate must state all personal date defined in the respective registration form. Upon registration, the above account details can be viewed / modified at any time and free of charge by the user himself, using his personal password or by contacting the CultureApp.

6.12.2 On line Reservations / Transfers of Personal Data

In order to process the services offered to the partners, the user / member of Culture App is requested to declare the information mentioned in the above paragraph. These elements may be of the user / member itself or of any other natural person on whose behalf the user / member is acting. These data are used exclusively for the needs of the services provided by Culture App and are not transferred to third parties.

6.12.3 Comments and Reviews

Users who have made use of Culture App through the WebSite / Application have the right to submit comments, reviews and ratings through their account in accordance with the Terms of Use of the Website / Application. This User Material may be (a) posted on theWebSite / Application, (b) used and placed (fully or partially) by CultureApp on social media platforms, newsletters, special promotional platforms, applications and other networks owned, hosted, used or controlled by CultureApp. In any case, -apart from the case which the user chooses to proceed to a comment or review -at RATE IT section of the Application by using his/her full name and sure name-this material will not include any personal data of the user while the user himself will be associated only with his / her short name and first letter of his /her last name in order to ensure his / her anonymity. In the event that a user does not wish to publish or reproduce such material, he should not use this service.

6.12.4 Votes

In the context of providing its services or other promotional activities, Culture App may at regular intervals invite its members to participate in electronic voting. In order to participate in these votes, the users / members of the Website / Application should indicate the name and any other personal information, such as  user or member status,  age, etc. (depending on the nature of the questions  set for voting ). The user / member’s vote is solely for the purpose of drawing conclusions in relation to public opinion on a particular issue and can not be used for any other purpose or disclosed to third parties.

6.12.5 Interaction with third party websites

Through Culture App the visitor / user / member can access other third party ‘s websites such as social networking sites like facebook and twitter. In any case where the visitor / user  makes use of this service, an exchange of information takes place with these websites and the information that is shared will be governed by their respective privacy policies. The visitor / user / member is requested to modify the account’s privacy settings on these websites directly. CultureApp does not control the privacy policies of such third parties and undertakes none responsibility or liability for the actions of these third parties.

6.12.6 Registration /recording of calls.

Culture App has the right to record phone calls to and from its call center to ensure better quality of telephone communications as recorded calls can be used to educate CultureApp‘s staff and resolve any questions that arise from the services received by its users.

6.1.2.7 Payment information

Through using services of Culture App which require payment, the member/user is obliged to submit information described above in article 4 of the present regarding Invoicing Policy, as therein described, solely and only for the completion of payment of the services, while it is strictly forbidden usage of said information for another-apart for the payment of services -reason or disclosure of these data to any third party.

  1. COOKIES

Culture App may use cookies in order to improve the user experience while browsing and to improve the overall quality of its services. Cookies are small text files that are sent to a user’s computer when they visit a website. Cookies are stored on the visitor / user’s hard disk, but they do not obtain knowledge of any document or file from their computer. They are used to facilitate visitor / user access to specific Culture App services for statistical purposes in order to determine the areas in which these services are useful or popular or for marketing purposes. The visitor / user / member of the Website / Application may configure his / her browser in such a way as to prohibit the receipt of all cookies or to notify him / her when sending a cookie. However, a visitor / user / member of the Website / Application should be aware that certain features or services of the Website / Application may not function properly without cookies.

  1. Most mobile platforms (iOS, Android, etc.) have defined specific types of device data that apps cannot access without your consent. These platforms have licensing systems to obtain your consent. The iOS platform will notify you the first time that our Application needs access to certain types of data and will give you the choice to consent (or not) to this request. Android devices update the rights that our Application requires before you use it for the first time while using the application is deemed as your consent. The permissions / licenses that our application requires may change over time. Each computer connected to the Internet assigns a unique number known as the IP address. The IP address through which the visitor / user / member’s computer has access to the Internet and then to the Website / Application is stored and can be used by Culture App, if necessary, in case of violation of the Terms Use of the Website / Application on behalf of the visitor / user / member.
  2. The user / member may contact CultureApp at any time and without charge in order to verify his/her account’s status, amend it, , change it or delete it, and exclude it from receiving electronic newsletters. When updating your personal information, Culture App may ask the user / member to verify their identity before they can meet their request. Visitors / users of the website who are under the age of 18years old,  do not have the right to subscribe as members and therefore do not have an obligation to submit their personal information. The Account Holder on the Website (Member) is fully responsible for any use and preservation of the privacy and security of his password and must immediately notify Culture App of any use of his account by any unauthorized third party, as well as for  any other violation of his electronic account. Culture App operates in accordance with applicable Greek and Community law and has adopted procedures that protect the personal data that the user / member provides through the Website  for as long as he / she is registered with his / her services.
  3. 10. Culture App reserves the right to change or modify the Privacy Policy at any time without previous notification of users / members. Such changes, modifications, additions or deletions to the Privacy Policy will enter into force immediately, ie by posting them on the Website / Application. Any use of the Site / Application following such change or modification will be deemed as acceptance by the user / member of the changes, modifications, additions, or deletions.
  4. The original Greek text Regarding Privacy Policy may have been translated into other languages. Translations were performed for the non-Greek user’s convenience and no rights derive from their texts. In the event of a dispute over the content or interpretation of the Privacy Policy or the difference between their Greek version and any other translated version, the Greek versions of the texts, to the extent permitted by law, are valid, and final and overrule the other translated texts. . The Greek version of the Privacy Policy is available on the Website (a selection of the Greek language is required) or may be sent upon a written request.
  5. To complete the registration and use of our services, you have the obligation to fill in your personal details correctly and give us the correct e-mail. Please read the privacy policy and the use of cookies for the ways in which we can contact with you. We do not take any responsibility and we do not have to verifyany incorrect or incorrectly typed email address or inaccurate or incorrect (mobile) telephone number or credit card number. Any claim or complaint against our company must be submitted promptly but in any case within 30 days of the occurrence of the event / complaint. Any claim or complaint submitted after the 30-day period may be rejected and the claimant will lose his or her right to any compensation (loss or expense).
  6. Subject to the limitations that apply to these terms and conditions and to the extent permitted by law, we will only be liable for direct damages you have suffered, paid or caused by inadequate compliance with our obligations in connection with the provision of our services . To the extent permitted by law, neither we nor any of our employees, directors, agents, affiliates,, franchisees, representatives, or others involved in the creation, granting, promotion, or by any other mean provision of the website and its content, we are not liable for (i) any criminal, special, indirect or consequential loss or damage, any loss of production, loss of profit, loss of income, loss of contracts, loss or damages with regard to the clients or reputation, loss of right for compensation, , (ii) services or products offered by other business partners; (iii) any untrue or incorrect information contained in the application; (iv) any (direct, indirect, consequential or criminal) damages, losses or charges that you have suffered, paid or caused, in accordance with, following or in connection with the use, inability to use, or delay in the use of our APPLICATION.
  7. Intellectual property rights

Unless otherwise stated, the software required for our services or provided or used by Culture App and the intellectual property rights (including the reproduction rights) relating to the content and information that is the material of Culture App belong to DCM . DCM retains solely the ownership of all rights, titles and interests (all intellectual property rights) (form and sense feel (including infrastructure)) ofCULTUREVR through which the service is available and you are not entitled to copy, export, , post, promote, advertise, integrate, exploit, combine or otherwise use the content of our application or trademark, in view of commercial exploitation. You are though allowed to  use, export, post, create links, promote, publish, advertise and use of these information, within the frames of options and activities provided within the application, under terms and conditions therein described. Any unauthorized use or any of the above actions or behaviors will constitute an infringement  of our intellectual property rights (including copyright and rights databases).

  1. 15. You agree that you have read and understand all of the above terms in the language in which they are posted. If you have not fully understood the above terms you should not make any purchase.

These terms and conditions, as well as the provision of our services, will be governed by and construed in accordance with Greek law. Any disputes arising out of these terms and conditions and our services will be settled exclusively by the competent courts in Athens.

If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you are still bound by all other conditions herein. In such a case, the invalid provision nevertheless applies to the maximum extent permitted by applicable law and you at least agree to accept a result similar to that of the invalid, unenforceable or non-binding provision, given the content and purpose of those terms and conditions.

 

  1. Communication

You can contact our customer service team by phone at +30 210 9963757 and by email at info@cultureapp.eu