Legal Notice

 

 

The ATFU mobile application ("Platform") offers a service for connecting artists and bartering artworks. 

Access to and use of the Platform is subject to the unreserved acceptance of these Terms of Use ("TOU").

The Platform is published by S2C COLLECTION, a simplified joint-stock company (société par actions simplifiée) with a capital of EUR 18,089.57, registered in the Paris Trade and Companies Register under number 900 564 873, whose registered office is located at 24, rue Saint Louis en l'Ile - 75004 Paris ("ATFU").

The Platform's Publication Directors are Sirine Ammar, Clara Citron and Clémentine Tissot.

EU VAT number: FR94900564873.

If you have any questions about ATFU, you can write to us at: [email protected].

The Platform is hosted by Google.

 

 

ATFU Terms of use

 

 

Acceptance of the Terms of use

These Terms of Use ("TOU") govern your use of the mobile application operated by S2C COLLECTION, a simplified joint-stock company (société par actions simplifiée) with a capital of EUR 18,089.57, registered in the Paris Trade and Companies Register under number 900 564 873, whose registered office is located at 24, rue Saint Louis en l'Ile - 75004 Paris ("ATFU"), accessible from the URL www.atfu.io ("Platform").

The purpose of the TOU is to determine the conditions of use of the services made available to you on the Platform ("ATFU Services").

By creating an account on the Platform, using the Platform or accessing the Platform by any means whatsoever, you declare that you have read these TOU and our Privacy Policy, which form an integral part of these TOU, and expressly accept them without reservation and/or modification of any kind. These TOU are therefore fully enforceable against you.

 

 

General rules for the use of ATFU Services

To create an account on the Platform and use the ATFU Services, you must be 18 or older.

You declare that you have been informed that, in order to access the ATFU Services, you must have Internet access subscribed to with the provider of your choice, the cost of which is at your expense, and acknowledge that:

• the reliability of transmissions is uncertain, due in particular to the heterogeneous nature of the infrastructures and networks on which they circulate and that, in particular, failures or saturations may occur;

• it is your responsibility to take all measures you deem appropriate to ensure the security of your equipment and your own data, software or other items, in particular against contamination by any virus and/or attempted intrusion of which you may be a victim;

• any equipment connected to the Platform is and remains under your sole responsibility, and ATFU cannot be held liable for any direct or indirect damage that may occur as a result of your connection to the Platform.

To access the ATFU Services, you must first create an account on the Platform by providing an email address and a password as login credentials. 

These login credentials will allow you to log in to your account and complete your profile and catalogue. 

You agree to respect and maintain the confidentiality of your account login credentials and expressly acknowledge that any connection to your account and any transmission of data from your account shall be deemed to have been made by you. 

Any loss, misappropriation or use of login credentials and the consequences thereof are your sole responsibility.

If you believe that someone has accessed your account, please immediately contact [email protected]. 

You agree to include in your profile and your catalogue accurate information and artworks of which you are the sole author and which meet the definition of an intellectual work within the meaning of intellectual property law, namely an original creation reflecting the personality of its author. If you include collaborative, collective and composite works, you undertake to obtain prior authorisation from the other artists who participated in the creation of said work, and to hold ATFU harmless against any claims or actions by these other artists. 

You agree that the artworks in your catalogue may be visible to other users, but that your name, first name and any pseudonym may not be visible until a barter offer has been validated, the interest being that other users are not influenced by this data during their artistic experience within the application. As soon as a barter offer is validated, the user involved in the barter will have access to this data.

 

 

Accessing and managing your account

You can manage (update, modify etc.), at any time, the personal information entered when creating the account:

• mandatory information: surname, first name, telephone number, email address, password

• optional information: pseudonym, title, date of birth, postal address

You can receive notifications in the following cases: 

• receipt of a barter offer

• acceptance of your barter offer

• validation of a barter offer

• receipt of new messages via the messaging system

• addition to another user's favourites

 

 

Features accessible from the Platform

• creation of an artist profile: biography, mobile studio

• creation of a catalogue

• addition of artworks to the catalogue

• removal of artworks from the catalogue

• creation of an information sheet for each work in the catalogue

• discovery of other users' artworks by moving your finger on the touch screen

• contact with other users

• sending barter offers to other users

• cancellation of barter offers to other users

• receipt of barter offers from other users

• access to the "My favourites" area 

• addition of other users' artworks to "My Favourites" 

• removal of other users' artworks from "My Favourites" 

• access to the messaging system in the event of an offer validated by the two users put in contact

• sending messages from the messaging system

• receipt of messages from the messaging system

• sending messages to ATFU from the hotline

 

 

Messaging system

You can communicate via the messaging system from your account. 

You are informed of any new message received by a notification on the Platform and by email.

You must be logged in to your account to use the messaging system, including replying to a user and accessing your chat history.

Your email address is not visible to your contact, only your surname, first name and any pseudonym you gave when you created your account will be visible.

The main purpose of sending private messages via the messaging system is to discuss art, to meet artists and to barter artworks.

You can send, accept and reject barter offers via the messaging system.

You undertake to behave in a respectful and fair manner towards your interlocutors.

In particular, you agree not to use the messaging system to send messages that:

• violate, misappropriate or infringe the rights of ATFU, persons using the ATFU Services or other third parties, including privacy, image, intellectual property or other exclusive rights;

• are unlawful, obscene, defamatory, threatening, abusive, intimidating, hateful, paedophilic, discriminatory, racially or ethnically offensive, and/or amount to harassment or incite or encourage unlawful or otherwise inappropriate behaviour, including the promotion of violent crime;

• are of an advertising or commercial nature;

• encourage the acquisition of goods the marketing of which is prohibited;

• involve the publication of falsehoods, misrepresentations, misleading or erroneous statements or statements that are likely to mislead users;

• impersonate others;

• result in the sending of mass messages, automatic messages, automatic dialling or malfunctioning of the ATFU Services (software or viruses) and/or other similar practices;

• direct users to a website or mobile application other than the Platform, including a competing website or mobile application.

You are solely responsible for the content of private messages exchanged via the messaging system.

ATFU reserves the right to suspend or prohibit your access to the Platform, in particular to the messaging system, if you do not comply with these TOU.

 

 

Your commitments

You warrant that you own all rights (including intellectual property rights) necessary to use the Platform.

You warrant that your profile and your catalogue do not violate any regulation in force (in particular relating to advertising, competition, sales promotion, use of personal data, prohibition of the marketing of certain goods or services), nor any third party rights (in particular intellectual property rights and personality rights) and that they do not contain any message that is defamatory or harmful to third parties.

You therefore undertake in particular that your profile and your catalogue do not contain:

• any hypertext links redirecting users to websites operated by any third party to ATFU;

• any information that is false, misleading or likely to mislead users;

• any statement that is defamatory or likely to harm the interests and/or image of ATFU;

• any content that infringes the intellectual property rights of third parties.

You undertake to include in your catalogue only available artworks which you own and which have never been the subject of any transaction. 

In the event that the artwork is unavailable, you undertake to remove it from the barter as soon as possible.

You assume full responsibility for the information and artwork you enter on the Platform.

Consequently, you release ATFU, its subcontractors and suppliers, from all liability, guarantee them against any recourse or action in relation to your profile and your catalogue which could be brought against them by any third party, and will bear all damages, costs and expenses that they may be ordered to pay or that may be provided for against them by a settlement agreement signed by them with the third party, notwithstanding any damages that ATFU, its subcontractors and suppliers may claim as a result of the damaging elements of your profile or your catalogue.

You also undertake to ensure that your account does not contain:

• any false and/or misleading mandatory information

• any information infringing the rights of a third party

• any photographs (i) for which you do not own the intellectual property rights, (ii) in which persons other than yourself are visible unless those persons have given their consent to the publication of those photographs, (iii) or in which personal data is visible 

In this context, you declare and acknowledge that you are solely responsible for the information provided when creating your account.

By creating an account, you acknowledge and agree that ATFU may delete, at any time, without compensation, an account that is contrary to French law and/or likely to infringe the rights of third parties and/or contrary to these TOU.

You acknowledge and accept that ATFU may ask you for any document allowing to verify the quality of the information provided when creating your account and the possession of the rights and/or the obtaining of the authorisations necessary for the publication of your ad.

If you fail to provide the requested proof, ATFU is entitled to delete your account.

 

 

Intellectual property

All intellectual property rights (such as copyright, neighbouring rights, trademark rights, database producers' rights) relating to both the structure and the content of the Platform and in particular the images, sounds, videos, photographs, logos, trademarks, graphic elements, text, visuals, tools, software, documents, data, etc. (together "Information") are reserved. This Information is the property of ATFU. This Information is made available to you, free of charge, for the sole purpose of using the ATFU Services, and in the context of normal use of its features. You undertake not to modify the Information in any way.

Any use of the Information on the Platform that is not expressly authorised is a violation of copyright and constitutes an infringement. It may also lead to a violation of image rights, personal rights or any other rights and regulations in force. It can therefore engage the civil and/or criminal liability of the perpetrator.

You may not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to find the source code, sell, assign, sub-license or otherwise transfer any rights in the Information.

In particular, you undertake:

• not to use the ATFU Services for the account or benefit of others;

• not to extract, for commercial or non-commercial purposes, all or part of the content present on the Platform;

• not to reproduce on any other medium, whether for commercial purposes or not, all or part of the content present on the Platform allowing the reconstitution of all or part of the original files;

• not to use a robot, in particular a spider, a website search or retrieval application or any other means to retrieve or index all or part of the content of the Platform;

• not to copy the content onto media of any kind that would allow the reconstitution of all or part of the original files.

Any reproduction, representation, publication, transmission, use, modification or extraction of all or part of the Information in any way whatsoever without the prior written authorisation of ATFU is unlawful. These unlawful acts engage the liability of their perpetrators and are likely to lead to legal proceedings against them, particularly for infringement.

The ATFU trademark is a registered trademark. Any total or partial reproduction of this trademark without the prior written permission of ATFU is prohibited.

ATFU is producer of the ATFU Services databases. Consequently, any extraction and/or re-use of the database(s) within the meaning of Articles L. 342-1 and L. 342-2 of the French Intellectual Property Code is prohibited.

ATFU reserves the right to take legal action against you if you fail to comply with the prohibitions contained in this article.

The Platform may contain hypertext links to websites operated by third parties. These links are provided for information purposes only. ATFU has no control over these websites and accepts no responsibility for the access, content or use of these websites, nor for any damage that may result from consulting the information on these websites. The decision to activate these links is your sole responsibility.

The content of your profile and catalogue belongs to you. Nevertheless, by completing your profile and catalogue on the Platform, you grant:

• to ATFU the non-exclusive, transferable, sub-licensable right of use, free of charge, for the entire world on (i) all the content of your profile and your catalogue and in particular on the photographs, texts, videos, illustrations, trademarks, logos, titles (together "Content"), as they are published on the Platform as well as (ii) a licence on all intellectual property rights relating to the Content and in particular to the copyright on the elements used in your profile and your catalogue, such as photographs, texts, videos, drawings, illustrations, sound elements, for the entire legal duration of your intellectual property rights, worldwide. The rights thus granted include the right to reproduce, represent, disseminate, adapt, create a derivative work, translate all or part of the Content by any process, in any form whatsoever and on any medium (digital, print, etc.) known or unknown to date, within the framework of the ATFU Services or in relation to ATFU's activity, for commercial or non-commercial purposes and in particular for advertising purposes, as well as within the framework of dissemination on the social networks on which ATFU is present, and in particular ATFU's Facebook, Instagram, and Twitter pages. You consent to the inclusion of the Content on social networks, including Facebook, Instagram and Twitter. Consequently, you certify that you have read the general conditions of use of the Facebook, Instagram, and Twitter sites and agree to their terms, particularly with regard to the reuse of Content and personal data;

• other users the non-exclusive right to access the Content via the Platform and to use and display the Content to the extent permitted by the features of the ATFU Services, worldwide. 

 

 

Miscellaneous provisions

ATFU reserves the right, at any time, to modify or interrupt the accessibility of all or part of the ATFU Services and/or the Platform.

You may terminate your account at any time, for any reason, by following the instructions in the "Settings" section of the Platform.

If ATFU fails to enforce any of the provisions of these TOU at any given time, this may not be construed as a waiver of its right to enforce any of these conditions in the future.

ATFU reserves the right to modify, at any time, all or part of the TOU. You are invited to consult these TOU regularly in order to take note of any changes made. By using the Platform, you agree to the changes made to the TOU.

If any part of the TOU is found to be illegal, invalid or unenforceable for any reason, the provision in question shall be deemed to be unwritten, without affecting the validity of the remaining provisions which shall continue to apply between you and ATFU.

These TOU are subject to French law.

In the event of difficulties in the application of these TOU, you should first contact ATFU in order to seek an amicable solution before any litigation before the competent courts.

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Protection of personal data

 

 

Collection of personal data

The personal data collected on the Platform is as follows: 

• your surname

• your first name

• your pseudonym 

• your date of birth

• your email address

• your postal address 

• your telephone number

• your gender (female, male, non-binary)

• your background (schools, experience)

• whether you are still a student or not

• the address of your workshop

• Whether or not you are represented by a gallery

 

 

Profile

The use of the services provided on the Platform allows a profile to be filled in, which may include all the data mentioned above. 

 

 

Communication

When you use the Platform to communicate with other members, your communication data is temporarily stored.

 

 

Cookies

Cookies are used as part of the use of the Platform. You can disable cookies in your browser settings.

 

 

Use of personal data

The personal data collected is intended to provide and improve the services of the Platform and to maintain a secure environment. More specifically, the uses are as follows:

• access and use of the Platform;

• management of the operation and optimisation of the Platform;

• verification, identification and authentication of the data transmitted by you;

• communication with other users of the Platform;

• implementation of user support;

• prevention and detection of fraud, malware (malicious software) and management of security incidents;

• management of possible disputes with users.

 

 

Sharing personal data with third parties

Personal data may be shared with third party companies in the following cases:

•  when the Platform uses the services of service providers to provide user support. This service provider has limited access to your data for the purpose of providing these services and is contractually obliged to use it in accordance with the provisions of the applicable data protection regulations;

• if required by law, the Platform may transmit data to respond to claims against the Platform and to comply with administrative and judicial proceedings;

• if the Platform is involved in a merger, acquisition, sale of assets or receivership, it may be required to sell or share all or part of its assets, including personal data. In this case, you will be informed before the personal data is transferred to a third party.

 

 

Security and confidentiality

The Platform implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the Internet is not a completely secure environment and the Platform cannot guarantee the security of the transmission or storage of information on the Internet.

 

 

Exercise of users' rights

In accordance with the regulations applicable to personal data, you have the following rights:

• you can update or delete your data by logging into your account and configuring your account settings;

• you can delete your account either by writing to the following email address: [email protected]or in the "Delete my account" sub-section of the "Settings" section. Please note that information shared with other users, particularly via the messaging system, may remain visible to those users on the Platform, even after you have deleted your account;

• you can exercise your right of access to your personal data by writing to the following email address: [email protected]. In this case, before exercising this right, the Platform may ask you for proof of your identity in order to verify its accuracy;

• if the personal data held by the Platform is inaccurate, you may request that the information be updated, by writing to the following email address: [email protected];

• you may request the deletion of your personal data, in accordance with applicable data protection laws, by writing to the following email address: [email protected]. 

 

In the event of a dispute between users & non-compliance with the charter signed by the artists on the application

If we cannot reach an artist who has received an artwork for 8 weeks, their account on Atfu will be suspended, until we can re-establish contact with the artist and reach an amicable agreement.

 

Evolution of this clause

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The Platform reserves the right to make any changes to this privacy policy at any time. If there is a change to this privacy policy, the Platform undertakes to publish the new version on its Platform. The Platform will also inform you of the change by email, at least 15 days before the effective date. If you do not agree with the terms of the newly drafted data protection clause, you will be given the opportunity to delete your account.

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Report a user

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ATFU reserves the right to delete any work that does not respect the CHARTE of good practice accepted by the user in the registration process. Also, the user is encouraged to contact the ATFU team through the HOTLINE in the CHAT in the application if he/she spots any inappropriate behavior on the app.