Imprint Overview

Privacy Information of the Wizart App

Welcome to Wizart ("Wizart," "we," "us" or "our"). Wizart provides a fast, beautiful and fun way for you to share media through our content-sharing platform. Just upload a picture, choose a style-filter to transform the look and feel of your picture and share the result!

Data Privacy Policy

Our website may be used without entering personal information. Different rules may apply to certain services on our site, however, and are explained separately below. We collect personal information from you (e.g. name, email address, etc.) in accordance with the provisions of German data protection statutes. Information is considered personal if it can be associated exclusively to a specific natural person. The legal framework for data protection may be found in the German Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). The provisions below serve to provide information as to the manner, extent and purpose for collecting, using and processing personal information by the provider.

Wizart Labs
Seiler Suchanek Tonn GbR
Christburger Str. 47
10405 Berlin
Germany
+49 163 9782558
mail@mywizart.com

Please be aware that data transfer via the internet is subject to security risks and, therefore, complete protection against third-party access to transferred data cannot be ensured.

Cookies

Our website makes use of so-called cookies in order to recognize repeat use of our website by the same user/internet connection subscriber. Cookies are small text files that your internet browser downloads and stores on your computer. They are used to improve our website and services. In most cases these are so-called "session cookies" that are deleted once you leave our website.

To an extent, however, these cookies also pass along information used to automatically recognize you. Recognition occurs through an IP address saved to the cookies. The information thereby obtained is used to improve our services and to expedite your access to the website.

You can prevent cookies from being installed by adjusting the settings on your browser software accordingly. You should be aware, however, that by doing so you may not be able to make full use of all the functions of our website.

Server Data

For technical reasons, data such as the following, which your internet browser transmits to us or to our web space provider (so called server log files), is collected: - type and version of the browser you use - operating system - websites that linked you to our site (referrer URL) - websites that you visit - date and time of your visit - your Internet Protocol (IP) address. This anonymous data is stored separately from any personal information you may have provided, thereby making it impossible to connect it to any particular person. The data is used for statistical purposes in order to improve our website and services.

Purpose of Registering

We offer you the opportunity to sign up for our website. The information entered when signing up, as shown in the registration form

• Name

• Email address

• Password

is collected and stored solely for use by our website. When signing up for our website, we also store your IP address and the date and time you registered. This serves to protect us in the event a third party improperly and without your knowledge makes use of your data to sign up for our site. Your email address and any other information is used for the functionality of the Service, including:

• Confirming your identity

• Contacting you when a rendering is completed

• Notifying you about changes in the Service

• Notifying you about changes in Terms and Conditions

None of this information is transferred to third parties. Nor is any of this information matched to any information that may be collected by other components of our website.



Newsletter

Our website offers you the opportunity to subscribe to our newsletter. The newsletter provides you periodically with information about our services. To receive our newsletter, we require a valid email address. We will review the email address you provide for the purpose of determining whether you are in fact the owner of the email address provided or whether the actual owner of said address is authorized to receive the newsletter. When subscribing to our newsletter, we will store your IP address as well as the date and time you subscribed. This serves to protect us in the event a third party improperly and without your knowledge makes use of your email address to subscribe to our newsletter. We will not collect any other data. The data thereby collected is used solely for the purpose of receiving our newsletter. No data is transferred to third parties. Nor is any of this information matched to any information that other components of our website may collect. You may cancel your subscription to the newsletter at any time. You will find additional details in the email confirming your subscription as well as in each newsletter.

Contacting Us

On our website we offer you the opportunity to contact us, either by email and/or by using a contact form. In such event, information provided by the user is stored for the purpose of facilitating communications with the user. No data is transferred to third parties. Nor is any of this information matched to any information that may be collected by other components of our website.

Subscribing to Comments

On our website we offer you the opportunity to subscribe to subsequent comments about an article which you intend to comment on. When you choose this option, you will receive a confirmation email which is used to determine if you are actually the owner of the email address entered. You may at any time revoke your decision to subscribe to such follow-on comments. You will find additional details in the confirmation email. No data hereby obtained is transferred to third parties. Nor is any of this information matched to any information that may be collected by other components of our website.

Use of Google Analytics with anonymization

Our website uses Google Analytics, a web analysis service from Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, hereinafter referred to as “Google“. Google Analytics employs so-called “cookies“, text files that are stored to your computer in order to facilitate an analysis of your use of the site. The information generated by these cookies, such as time, place and frequency of your visits to our site, including your IP address, is transmitted to Google’s location in the US and stored there. In using Google Analytics our website employs the extension, "_gat._anonymizeIp". In doing so, Google abbreviates and thereby anonymizes your IP address before transferring it from member states of the European Union or signatory states to the Agreement on the European Economic Area. Google uses this information to analyze your use of our site, to compile reports for us on internet activity and to provide other services relating to website and internet use. Google may also transfer this information to third parties where required to do so by law or where such third parties process this data on Google’s behalf.  Google states that it will in never associate your IP address with other data held by Google. You can prevent cookies from being installed by adjusting the settings on your browser software accordingly. You should be aware, however, that by doing so you may not be able to make full use of all the functions of our website. Furthermore, Google offers a deactivation add-on for most current browsers that provides you with more control over what data Google can collect on websites you access. The add-on tells the JavaScript (ga.js) used by Google Analytics not to transmit any information about website visits to Google Analytics. However, the browser deactivation add-on offered by Google Analytics does not prevent information from being transmitted to us or to other web analysis services we may engage. You can find additional information on how to install the browser add-on at the following link:

https://tools.google.com/dlpage/gaoptout?hl=de

Use of Facebook components

Our website employs components provided by facebook.com. Facebook is a service of Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA.

Each time our website receives an access request equipped with a Facebook component, the component prompts your browser to download an image of this Facebook component. Through this process, Facebook is informed precisely which page of our website is being visited. 

When you access our site while logged into Facebook, Facebook uses information gathered by this component to identify the precise page you are viewing and associates this information to your personal account on Facebook. Whenever you click on the “Like“ button, for example, or enter a comment, this information is transmitted to your personal account on Facebook and stored there. In addition, Facebook is informed of your visit to our website. This occurs regardless of whether you click on a component or not.

If you wish to prevent the transfer to and storage of data by Facebook about you and your interaction with our website, you must first log out of Facebook before visiting our website. The data protection policies of Facebook provide additional information, in particular about the collection and use of data by Facebook, your rights in this regard as well as the options available to you for protecting your privacy: https://de-de.facebook.com/about/privacy/

In addition, tools are freely available on the market that can be used to block Facebook social plug-ins with add-ons from being added to all commonly used browsers: http://webgraph.com/resources/facebookblocker/
You can find an overview of Facebook plugins at https://developers.facebook.com/docs/plugins/

Use of MailChimp

Newsletter Consent

You will be asked to consent to the use of your personal data to receive our newsletter as follows: 

“I have read the privacy policy and I give my consent to data being processed by a service provider located in the United States”.

We use the newsletter to provide you with regular updates about our offers. To receive our newsletter, you will need a valid email address. We will then check the email address entered to ensure that you are actually its owner or if its owner has agreed to receive our newsletter. By registering for the newsletter, we will save your IP address and date and time of registration. This will be used in case a third party misuses your email address to subscribe to our newsletter without your knowledge. 

We will not compare the data collected during newsletter registration with any other data that might be collected by other components of our site. 

Newsletter by MailChimp 

We use MailChimp to send our newsletter to our subscribers. MailChimp is a service provided by The Rocket Science Group, LLC, 512 Means Street, Suite 404, Atlanta, GA 30318, USA. 

The data stored when you registered for the newsletter (email address, name, IP address, and time and date of registration) will be sent to a server operated by The Rocket Science Group in the United States and stored there in accordance with its Safe Harbour Agreement. 

Further information about the data protection offered by MailChimp can be found at: 

http://mailchimp.com/legal/privacy/

You may cancel your newsletter subscription and revoke your consent to the storage of this data at any time with future effect. For instructions to take this step, please refer to the confirmation email and each newsletter.

Newsletter tracking

Our newsletter includes so-called web bugs that allow us to recognise if and when an email has been opened and which links in the email have been clicked by its recipient. 

This data is stored by us so that we can best align our newsletter to the wishes and interests of our subscribers. Accordingly, the data thus collected is used to send personalised newsletters to each recipient.  

You will be asked to consent to the use of your personal data as follows:

“I agree that my data and my user responses will be stored electronically by newsletter tracking so that I can receive a personalised newsletter. The revocation of the consent to receive the newsletter constitutes a revocation of the consent for the tracking described above.”

By revoking the consent to receive the newsletter, the consent to the aforementioned tracking is revoked. 

Information/Cancellation/Deletion

On the basis of the Federal Data Protection Act, you may contact us at no cost if you have questions relating to the collection, processing or use of your personal information, if you wish to request the correction, blocking or deletion of the same, or if you wish to cancel explicitly granted consent. Please note that you have the right to have incorrect data corrected or to have personal data deleted, where such claim is not barred by any legal obligation to retain this data.



Changes to this privacy policy

Wizart may update this policy at any time for any reason. If there are any significant changes to how we handle personal information, we will place a prominent notice on our site.



Sample Data Privacy Policy Statement provided by the Law Offices of Weiß & Partner

Terms and conditions of use

1. Introduction

1.1 These terms and conditions shall govern your use of our website and mobile application.

1.2 By using our website or by downloading our mobile application, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website or mobile application.

1.3 If you register with our website or mobile application, submit any material to our website or mobile application or use any of our website services or mobile application services, we will ask you to expressly agree to these terms and conditions.

1.4 You must be at least 13 years of age to use our website or mobile application; by using our website or mobile application or agreeing to these terms and conditions, you warrant and represent to us that you are at least 13 years of age.

1.5 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy.

2. Credit

2.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com).

3. Copyright notice

3.1 Copyright (c) March 2016, Wizart, Seiler Suchanek Tonn GbR.

3.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and mobile application and the material on our website and mobile application; and

(b) all the copyright and other intellectual property rights in our website and mobile application and the material on our website and mobile application are reserved.

4. Licence to use website and mobile application

4.1 You may:

(a) view pages from our website or mobile application in a web browser or via our mobile application;

(b) download pages from our website for caching in a web browser;

(c) print pages from our website or mobile application;

(d) use our website or mobile application services by means of a web browser or our mobile application,

subject to the other provisions of these terms and conditions.

4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or mobile application or save any such material to your computer.

4.3 You may only use our website or mobile application for your own personal purposes, and you must not use our website or mobile application for any other purposes.

4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website or mobile application.

4.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website or mobile application (including republication on another website);

(b) sell, rent or sub-license material from our website or mobile application;

(c) show any material from our website or mobile application in public;

(d) exploit material from our website or mobile application for a commercial purpose; or

(e) redistribute material from our website or mobile application.

4.6 Notwithstanding Section 4.5, you may redistribute our newsletter in print and electronic form to any person.

4.7 We reserve the right to restrict access to areas of our website or mobile application, or indeed our whole website or mobile application, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website or mobile application.

5. Acceptable use

5.1 You must not:

(a) use our website or mobile application in any way or take any action that causes, or may cause, damage to the website or mobile application or impairment of the performance, availability or accessibility of the website or mobile application;

(b) use our website or mobile application in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our website or mobile application to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website or mobile application without our express written consent;

(e) access or otherwise interact with our website or mobile application using any robot, spider or other automated means, except for the purpose of search engine indexing;

(f) violate the directives set out in the robots.txt file for our website; or

(g) use data collected from our website or mobile application for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

5.2 You must not use data collected from our website or mobile application to contact individuals, companies or other persons or entities.

5.3 You must ensure that all the information you supply to us through our website or mobile application, or in relation to our website or mobile application, is true, accurate, current, complete and non-misleading.

6. Registration and accounts

6.1 To be eligible for an individual account on our website or mobile application under this Section 6, you must be at least 13 years of age.

6.2 You may register for an account with our website or mobile application by completing and submitting the account registration form on our website or mobile application, and clicking on the verification link in the email that the website or mobile application will send to you.

6.3 You must not allow any other person to use your account to access the website or mobile application.

6.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.

6.5 You must not use any other person's account to access the website or mobile application, unless you have that person's express permission to do so.

7. User login details

7.1 If you register for an account with our website or mobile application, you will be asked to choose a user ID and password.

7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.

7.3 You must keep your password confidential.

7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.

7.5 You are responsible for any activity on our website or mobile application arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

8. Cancellation and suspension of account

8.1 We may:

(a) suspend your account;

(b) cancel your account; and/or

(c) edit your account details,

at any time in our sole discretion without notice or explanation.

8.2 You may cancel your account on our website or mobile application using your account control panel on the website or on the mobile application.

9. Your content: licence

9.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files that you submit to us or our website or mobile application for storage or publication on, processing by, or transmission via, our website or mobile application.

9.2 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

9.3 You may edit your content to the extent permitted using the editing functionality made available on our website or mobile application.

9.4 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

10. Your content: rules

10.1 You warrant and represent that your content will comply with these terms and conditions.

10.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

10.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence in an explicit, graphic or gratuitous manner;

(m) be pornographic, lewd, suggestive or sexually explicit;

(n) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p) constitute spam;

(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r) cause annoyance, inconvenience or needless anxiety to any person.

11. Limited warranties

11.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website or mobile application;

(b) that the material on the website or mobile application is up to date; or

(c) that the website or mobile application or any service on the website or mobile application will remain available.

11.2 We reserve the right to discontinue or alter any or all of our website and mobile application services, and to stop publishing our website or mobile application, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website or mobile application services, or if we stop publishing the website or mobile application.

11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and mobile application and the use of our website and mobile application.

12. Limitations and exclusions of liability

12.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law.

12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

(a) are subject to Section 12.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

12.3 To the extent that our website or mobile application and the information and services on our website or mobile application are provided free of charge, we will not be liable for any loss or damage of any nature.

12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

12.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

12.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

12.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or mobile application or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

13. Breaches of these terms and conditions

13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website or mobile application;

(c) permanently prohibit you from accessing our website or mobile application;

(d) block computers using your IP address from accessing our website or mobile application;

(e) contact any or all of your internet service providers and request that they block your access to our website or mobile application;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your account on our website or mobile application.

13.2 Where we suspend or prohibit or block your access to our website or mobile application or a part of our website or mobile application, you must not take any action to circumvent such suspension or prohibition or blocking, including without limitation creating and/or using a different account.

14. Variation

14.1 We may revise these terms and conditions from time to time.

14.2 We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website and mobile application from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website or mobile application.

14.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website or mobile application, and you must stop using the website or mobile application.

15. Assignment

15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

16. Severability

16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

17. Third party rights

17.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

17.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

18. Entire agreement

18.1 Subject to Section 12.1, these terms and conditions, together with our privacy policy, shall constitute the entire agreement between you and us in relation to your use of our website or mobile application and shall supersede all previous agreements between you and us in relation to your use of our website or mobile application.

19. Law and jurisdiction

19.1 These terms and conditions shall be governed by and construed in accordance with German law.

19.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Germany.

20. Our details

21.1 This website and mobile application is owned and operated by Seiler Suchanek Tonn GbR

21.2 Our principal place of business is at Christburger Str. 47, 10405 Berlin, Germany

21.3 You can contact us:

(a) by email, using mail@mywizart.com

(b) using our website or mobile application contact form;

(c) by telephone, on +49 1639782558 ; or

(d) by post, using the postal address given above.