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Privacy Policy

PRIVACY POLICY

Impletor.com Privacy Policy

Last update: November 11, 2020

 

PURPOSE OF THIS NOTICE

We at impletor.com and app.impletor.com take the data protection of our users seriously and are committed to ensuring that personal data is processed in accordance with the applicable data protection and data protection laws, such as the European General Data Protection Regulation (“GDPR”).

APPLICABILITY

This Privacy Notice applies between users of impletor.com and app.impletor.com and Impletor MB. The Privacy Notice deals with our use of information that we have collected in connection with your use of impletor.com and app.impletor.com.

In general, this Privacy Notice does not apply to “user content”.

The provisions for the processing of user content in connection with the service of impletor.com and app.impletor.com are regulated in the point Data Processing Addendum (impletor.com as data processor).

There can be an exception if you use a web space privately and web space is considered the data controller with regard to “content” (as defined in this Privacy Notice). We have therefore included some guidelines for your content in the section of this privacy policy entitled “Information We May Collect”.

Please also note that this Privacy Notice only applies to your use of impletor.com and app.impletor.com. This Privacy Notice does not extend to websites or services of third parties that can be accessed via impletor.com and app.impletor.com.

WHAT DOES WHAT MEAN?

In this Privacy Notice, some of the terms used have a special meaning. These terms are listed here:

 

“Anonymous information”

means information that cannot identify a particular person and cannot be used for identification. If anonymous information is linked to personal data, impletor.com and app.impletor.com treats this anonymous information as personal data.

“AR trigger”

AR triggers are Web AR links or Web AR QR codes, both of which are linked to the desired content and call up the desired content.

“Information”

(depending on the context) means some or all of the information that you or your device send to impletor.com and app.impletor.com via the services of impletor.com and app.impletor.com.

“IP address”

means a number that is automatically assigned to your device when you use the Internet. It can vary from session to session.

“Personal data”

means all personal information that we have about you that could be used to infer your personal identity.

e.g. your email address, IP address and possibly other information such as identification numbers.

“You”

means that you, the natural person who visits the impletor.com and app.impletor.com website, uses the impletor.com services or registers as a user of the impletor.com and app.impletor.com services.

“Content, User Content”

means all 3D models, animations, images or audio files that you have uploaded, imported or transmitted.

“Impletor.com and app.impletor.com ” or “We”

means Impletor MB, small partnership company registered in Lithuania under the commercial register number 305638732.

“App.impletor.com account, user account, account”

means the app.impletor.com account that has been registered for the use of the impletor.com services with the necessary login information.

“Services, impletor.com services, app.impletor.com services”

are the services and functions of the WebAR platform, which are available at https://www.impletor.com/ and https://app.impletor.com/, together with the associated databases, features, functions, plug-ins, software, tools, documentation and websites, including any changes or updates.

IDENTITY OF THE DATA CONTROLLER

The data controller is Impletor MB, a small partnership company registered in Lithuania (the commercial register number is 305638732). You can find our contact details below in the section “Contacting us”.

Impletor.com only acts as data controller for Lithuanian and EU data protection law if the purposes and types of use of personal data determined by us are observed. For certain personal data (e.g. all personal data contained in your content), you and not impletor.com determine the purposes and the manner in which the personal data is used. In this case, you act as the data controller and we act as the data processor. In these cases, the Data Processing Addendum (impletor.com as data processor) applies instead of this Privacy Notice.

YOUR RIGHTS

As a data subject, you have the following rights in accordance with the data protection laws of Lithuania and the EU (including the GDPR), which we will always work to comply with:

  • The right to be informed about the collection and use of personal data;
  • The right to access the personal data that we hold about you (see “How can you access your personal data?”);
  • The right to correction if personal data that we have stored about you is inaccurate or incomplete (please contact us using the data provided under “Contacting Us”).
  • The right to be forgotten – i.e. The right to ask us to delete all personal data that we have stored about you;
  • The right to restrict (or prevent) the processing of your personal data in certain circumstances;
  • The right to object to the use of your personal data for a specific purpose or purposes;

 

When making inquiries, note that the requested removal of certain information may mean that we can no longer provide you with all or certain parts of the services.

 

If you have a complaint about the use of your personal data, please contact us using the information in the “Contact” section. We will do our best to solve the problem for you.

INFORMATION WE CAN COLLECT

When you visit, browse, or use the Services, we may collect certain information from you. Some of this information may be personal information and some of the information may be anonymous information. We use your data in accordance with the provisions of this Privacy Notice.

Your app.impletor.com account and your transaction data

If you create an app.impletor.com account or use the services, others, including impletor.com, can identify you. In order to open an app.impletor.com account or use the services, you may have to provide us with some or all of the following personal data: email address and password.

We collect and store the transaction data in relation to your web space account,

e.g. Registration information, registration attempts and payment status.

We do not save:

  • User passwords (we only store PBKDF2 hashes of passwords for comparison when trying to log in);
  • Full payment card numbers (these are saved by our payment service provider “PayPal”).

 

If you choose to send us an email or letter in any other way, we may also collect information about you from the content of your letter, email, or transmission.

Your content (private use)

As soon as your access to the services has been activated, you can upload content (e.g. music files, images, 3D models) to your app.impletor.com account and publish content and make it available to the public (e.g. publication of the AR- Links on your website, issue of Web A -QR codes). Once entered or uploaded, your content is stored on our secure servers to make your content available as soon as you want to publish it.

Before you enter, upload or publish content in the services, please note the following important points:

Due to the nature of service (the purpose of use), your content can be available to all users who hold the AR trigger (Web AR Link or the Web AR QR code) in their hands, regardless of whether they are known to you or you have been specifically selected to receive this content.

It is not possible to share your content privately, i.e. only to make it accessible to certain selected people. However, you can choose who to share your AR triggers with. Please be careful when posting content that contains or presents personal information about yourself or others, e.g. audio or photos of other people/ friends.

We strongly recommend that you selectively choose which personal information to include in your content. Under no circumstances should you provide the following personal information to impletor.com and app.impletor.com: telephone numbers, addresses, full names, location information or other sensitive personal information.

Please also make sure that your content uploads comply with our Code of Conduct (see Section 11 of the Terms of Use).

If you enter or upload information about/from someone other than yourself (e.g., a photo of a friend or colleague), you must first obtain their permission.

Even if you remove content that you have published via impletor.com and app.impletor.com, copies may remain cached or stored on another person’s device (e.g. cache of the browser) and can therefore still be displayed.

It is also important to note that you and not impletor.com and app.impletor.com are responsible for the uploaded content, and that you and not impletor.com and app.impletor.com are responsible for reviewing your uploaded content. If your content contains personal information, impletor.com only acts as a data processor for the purpose of the European General Data Protection Regulation (GDPR) and not as a data controller.

Information from external sources

From time to time, we may use the services of other companies to carry out certain tasks in connection with the services of impletor.com and app.impletor.com. This can include, for example, payment processing, storage and provision of content, advertising and marketing, as well as analyzes. These companies may send us certain personal information that concerns you. We may also collect information about you from publicly available sources, such as the Internet and social networks, including through public or licensed APIs. If we collect such information from third parties, we will only use this information in accordance with this privacy policy. These companies can also collect personal data directly from you. In this case, this company is the data controller of the information provided by you, and not web address space (e.g. your credit card details). You may want to review their privacy policies to find out how they use your information.

Payment processing

Impletor.com uses the payment solution provided by PayPal (https://paypal.com/) to be able to accept payments for the use of impletor.com and app.impletor.com. The payment solution from PayPal is integrated in our system and works as follows: Upon your payment request, you will be forwarded to a website operated by PayPal, where you can leave your required payment details. If you submit the form on the PayPal website, the payment details and other data will be sent directly to PayPal. This method prevents your confidential data from ever being on our servers.

LEGAL BASIS FOR THE PROCESSING OF PERSONAL DATA

The legal basis for the collection and use of your personal data depends on the personal data concerned and the specific context in which we collect them. However, we normally only collect personal data from you if (a) we need the personal data to conclude a contract with you; (b) the processing is in our legitimate interest and does not displace any of your rights; (c) we are legally obliged to process your personal data; or (d) we have your consent to this (e.g. you have agreed (opt-in) to receive our newsletter).

The “fulfillment of the contract” of the impletor.com terms of use serves as the legal basis for the processing of your personal data if we provide you with the impletor.com and app.impletor.com service or provide customer support.

We process your personal data on the basis of our “legitimate interests”, e.g. B. if we provide you with the services, keep the services safe for technical purposes, analyze the user behavior in the services, provide customer support, and improve and further develop the service of impletor.com and app.impletor.com.

We are “legally obliged” to process your personal data if we comply with a legal obligation, e.g. B. Prevention of crime or fraud. Our obligation of the European General Data Protection Regulation (GDPR) to protect your personal data may also be subject to this.

If you have any questions about the legal basis for the collection and use of your personal data, please contact us using the contact information in the “Contact Us” section.

HOW DOES IMPLETOR.COM USE YOUR DATA?

Purpose Legal basis for the processing of personal data
To provide you with the full functionality of the impletor.com and app.impletor.com services. Fulfillment of contract – If you do not provide the requested personal data, we cannot identify you as an authorized user.
To upload, enter, change, edit and publish your content. Fulfillment of contract – If you do not provide the requested personal data, we cannot identify you as an authorized user and carry out the requested actions.
Provision of personalized content and communications that you would like to receive from impletor.com in relation to the services of impletor.com and app.impletor.com Legitimate interests – marketing; Provision of the services of impletor.com and execution of the actions requested by you.
Providing promotional emails, newsletters and other messages relating to the services of impletor.com, including communication by third parties. Legitimate interests – marketing; Provision of the services of impletor.com and execution of the actions requested by you.
Distribution of advertising and promotional materials from impletor.com and app.impletor.com to users of impletor.com. Legitimate interests – marketing and advertising for the services of impletor.com and app.impletor.com.
To provide customer service related to your use of the service, e.g. service updates, responding to service requests. Fulfillment of contract or legitimate interests – If no contract is in force, the “legitimate interest” offers customer support and product support
Generally to manage, support, analyze, improve, and develop the services of impletor.com and app.impletor.com Legitimate interests – provision of the services, operation and improvement of the services of impletor.com and app.impletor.com.

To understand how users behave in our system and derive improvement strategies from them.

Detect and prevent fraud

in case of security or technical problems.

Legal obligation, e.g. Compliance with the data protection law.

Our legitimate interest in keeping our platform secure.

For the enforcement of the terms of use of impletor.com and for handling complaints, legal claims or legal proceedings in connection with the services of impletor.com and app.impletor.com. To exercise, implement, or defend our rights, or to protect your material interests, or those of other people.

MARKETING COMMUNICATION

We would like to send you information about impletor.com and app.impletor.com services that may be of interest to you. This may include marketing communications on social media platforms you use (including Facebook). If at any time you decide that you no longer wish to be contacted for this purpose, you can unsubscribe by either unsubscribing from the receipt of information in the message we have received or by telling us and we will promptly contact you Remove mailing list. Please note that it is not possible to deactivate emails necessary for the impletor.com and app.impletor.com service.

WHERE IS YOUR DATA PROCESSED?

Your personal data can be transferred to and processed in countries other than the country in which you live. These countries may have data protection laws that are different from the laws of your country.

We can commission other companies to process data on our behalf. For example, we may hire third parties to provide payment services, host the services, manage email on our behalf, or provide analytics services. We continue to act as the data controller with regard to the personal data that are transferred to such third party providers and remain responsible for the processing they undertake.

 

Below is a list of companies that are currently processing data related to the services on our behalf:

Name Processing purpose(s) Data Storage Location
PayPal Payments for app.impletor.com;
Subscription management for app.impletor.com
May store data within the EU and in other countries worldwide.
Google Analytics services worldwide

TRANSFERS OUTSIDE OF EUROPE

If you use the impletor.com and app.impletor.com services outside the European Economic Area (EEA), your personal data may possibly be transferred to countries outside the EEA.

This could happen in the following circumstances:

– If one of our third party providers is located outside the EEA (see table above).

– If you use the impletor.com services. The impletor.com services can be used internationally. This means that all personal data contained in your content (e.g. a photo) that you publish on impletor.com and app.impletor.com (e.g. publication of the AR links on your website, output of the Web AR QR codes) by our servers can be automatically transferred to a smartphone, a server or other computer devices that are used in a country outside the EEA.

 

Countries outside the EEA may not have similar data protection laws to the European General Data Protection Regulation (“GDPR”) and the Lithuanian Data Protection Act. If we transfer your personal data outside the EEA (e.g. to a data processor outside the EEA), we will take all reasonable steps to ensure that your personal data is adequately protected by: (a) using only processors, that meet the requirements of EU data protection laws; (b) use only processors who use the European Commission’s standard contractual clauses; and (c) (in the case of transfers to the United States) only use processors that are certified under the EU-US Privacy Shield.

By using the impletor.com and app.impletor.com services, you expressly agree to the international broadcasts mentioned in this section.

WHEN COULD IMPLETOR.COM SHARE YOUR INFORMATION WITH OTHERS?

We can share your information with the following types of recipients:

 

  • Users to whom you provide Web AR-Links Web AR-QR Codes.
  • Social media services with which you share your information;
  • Third parties whose processing is necessary for the provision of the impletor.com and app.impletor.com services, including but not limited to our payment service provider and our server provider;
  • other companies that we have commissioned to provide services on our behalf, e.g. Provider of analysis and customer relationship management tools;
  • Third parties where we believe disclosure is necessary to protect rights, property, users and the public. This can include fraud protection and spam prevention;
  • any person where we believe disclosure is necessary so that we can enforce our rights under this privacy policy or the terms of use of impletor.com services or defend legal claims in relation to impletor.com;
  • potential buyers of impletor.com, its parent company or the services (see below); and
  • other external parties (e.g. judicial, government or regulatory agencies) to comply with the law and our legal obligations.

 

Under no circumstances we sell, trade or rent your personal data to any third parties.

CHANGES OF BUSINESS OWNERS AND CHANGES OF CONTROL

Impletor.com may choose to expand or reduce our business, and this may include the sale and/or transfer of management through impletor.com or the services in whole or in part. Information provided by users, insofar as it is relevant to part of our business so transferred, is transferred together with that part as one of the transferred assets. The new owner or party may use your information in accordance with the terms of this privacy notice for the purposes for which it was originally provided to us.

LINK TO NON-IMPLETOR.COM SERVICES

The services may contain links to resources, websites, microsites and other online services that are operated by third parties, i.e. companies other than impletor.com. We do not control the services of third parties and are in no way responsible for their content or information collection practices. This Privacy Notice does NOT extend to your use of third party services.

HOW DO WE PROTECT YOUR PERSONAL INFORMATION?

Data security is of great importance for impletor.com. We have taken economically reasonable physical, electronic and administrative security measures to protect your personal data from access by unauthorized persons and from unlawful processing, accidental loss, destruction and damage. In particular, we use the following measures:

 

  • The information you send us is protected by SSL/TLS end-to-end encryption when it is transferred from your device to our servers.
  • Information stored on our servers is protected by access controls, key authentication and firewalls. We use encryption as an additional security measure if we consider it appropriate. Currently, content uploaded to the services for editing and publishing is not encrypted when idle.
  • Your data is only accessed by authorized employees. These employees are obliged to maintain the confidentiality of all information that they become aware of, unless the disclosure is required by law or required to fulfill obligations.
  • Your app.impletor.com account is protected by access authentication. We use cookies to check whether the person accessing an account is authorized to do so. Passwords are saved using the hashing technique.

 

Despite these measures, you should be aware that we cannot completely eliminate security risks related to the online transfer of personal data. No method of transmission over the Internet or electronic storage is 100% secure. Therefore we cannot guarantee absolute security.

HOW LONG DO WE STORE YOUR PERSONAL DATA?

We will keep your personal data for the duration of your use of the services of impletor.com and app.impletor.com and for a reasonable period thereafter for backup, archiving and/or verification purposes or for as long as the law stipulates otherwise. In particular, we are obliged under EU law to keep your IP address and billing address for 10 years in order to confirm compliance with the VAT rules. If we archive your content after deactivating your app.impletor.com account, we reserve the right to delete this content at any time afterwards.

HOW CAN YOU ACCESS YOUR PERSONAL DATA?

You have the right to request a copy of the personal data we have stored about you (provided that this data is actually stored by us and we can identify who you are). Usually we will provide you with copies free of charge upon request. However, we reserve the right to charge a reasonable fee for requests that are obviously unfounded or excessive, particularly if they are repeated or if additional copies of the same information are concerned.

We will ask you to provide adequate proof of your identity before we disclose any information to you.

COOKIES, ANALYTICS AND SIMILAR TECHNOLOGIES

On our separate page on cookies you will find information on how the services use cookies, analysis and similar technologies.

If our use of cookies includes the processing of personal data, the legal basis for this is in our legitimate interest, for example to help us to offer you a good experience when using the services (including their security) and to improve the services, by understanding how to use them.

CHANGES TO OUR PRIVACY POLICY

Our services, the collection and use of personal data and other information, as well as the applicable laws and regulations will change over time. We reserve the right to make changes to this privacy policy. If we update the Privacy Notice, we will publish the new version on the impletor.com website and change the date of the last update. If such changes to the privacy policy are material, we can send you a separate notification. We encourage you to visit this page from time to time for the latest information.

Contact to impletor.com

If you have any questions about the services or this Privacy Notice from impletor.com, please contact us by email or post. You can find the contact details below. Please ensure that your request is clear, especially if it is a request for information about the personal data that we have stored about you.

Postal address: Antakalnio str. 75, PO Box 862, LT-10007 Vilnius, Lithuania.

Email: info@impletor.com

APPLICABLE LAW

Regardless of the country in which you live or submit information from the law applicable to this Privacy Notice, Lithuanian law applies.

I. Impletor.com Data Processing Addendum

Last updated: November 11, 2020

 

This addendum to the Data Processing Addendum ( “DPA” ) supplements and is part of the impletor.com user agreement for users from business and education. Capitalized terms that are used in this privacy policy but are not defined are defined in the user agreement.

 

PART 1: INTRODUCTION

Purpose

The DPA stipulates the conditions that apply if personal data is processed by impletor.com on behalf of an account holder as part of the services, if the account holder acts as a data controller within the meaning of the data protection laws or regulations of Lithuania or the EU, including the European General Data Protection Regulation (GDPR) (collectively the “Data Protection Laws”). It applies only to the extent required by law and entered into force on May 25, 2018.

Effect of the DPA

If a provision of the DPA contradicts a provision of the user agreement, this DPA has priority. The user agreement remains in full force and unchanged, unless it is changed by this DPA. This DPA ends automatically when the user agreement expires or ends.

Acceptance

If the user is a contracting party to an effective user agreement, this Data Processing Addendum automatically becomes effective between the parties. At the request of the account holder, the parties can also conclude a printed version of this Privacy Notice, which is physically signed by or on behalf of both parties. The parties can also enter into an individually negotiated data processing agreement by mutual agreement, provided that this agreement meets the minimum requirements set out in data protection laws.

Defined terms

regarding this order processing contract:

  • The terms “controller”, “data subject”, “processor”, “personal data breach” and “processing” have the same meaning as in Article 4 of the GDPR and
  • “Personal data” is all user content of the account holder that is or contains information that relates to an identified or identifiable natural person, provided that this information is protected as personal data in accordance with data protection laws. This does not include personal data for which impletor.com is the sole data controller within the meaning of data protection laws.

PART 2: DETAILS OF PROCESSING

Details of the role of impletor.com as a processor of personal data are:

Subject of the processing of personal data:

The provision of the services by impletor.com and app.impletor.com for the account holder and his authorized users.

Duration of processing personal data:

During the term of the user agreement and the time between the expiry of the user agreement and the deletion of all personal data contained in user content by impletor.com and app.impletor.com.

Type and purpose of processing personal data:

So that the account holder and authorized users of impletor.com can receive and provide the services of impletor.com and app.impletor.com, including the publication, hosting and provision of user content on the entire technology platform of impletor.com.

Categories of personal data:

In general, this can consist of identifying information and organizational data of the customers and end users of the account holder as well as personal data of the data subjects contained in user content, such as images, videos, voices; including other categories agreed by the parties and recorded in writing. It is confirmed that impletor.com does not in any way allow the services of impletor.com and app.impletor.com to be used to process one of the “special categories of personal data” mentioned in Article 9 (1) of the GDPR.

Categories of data subjects:

If user content contains personal data, it may affect end users, customers, employees, business contacts, members of the public and other persons of the account holder, they must have agreed that their personal data, which data is contained in the user content of the account holder.

PART 3: DATA PROCESSING CONDITIONS

1. The roles of the parties

If impletor.com processes personal data as part of the provision of the services, this is only done as a processor who acts on behalf of the account holder (as data controller) and in accordance with the requirements of this DPA.

2. Scope of processing

Impletor.com undertakes to process the personal data only on the documented instructions of the account holder, also with regard to the transfer of personal data to a third country or an international organization, unless impletor.com is according to EU or obliged to do so under national law; In this case, impletor.com informs the account holder of these legal requirements before processing, unless this law prohibits such information for important reasons of public interest. For the purposes of this clause, the services requested by the account holder or his authorized users and the resulting processing are accepted as documented instructions to impletor.com.

Impletor.com will immediately inform the account holder if, in the opinion of impletor.com, instructions from the account holder or on behalf of the account holder would violate the GDPR or other data protection regulations of the European Union or the member states.

3. Obligations of the account holder

The account holder as the data controller is responsible for:

(a) has complied with and continues to comply with all applicable data protection and privacy laws, including data protection laws; and (b) he also has the right to transfer or access the personal data to impletor.com and app.impletor.com for processing in accordance with the provisions of the user agreement and this DPA.

The account holder bears sole responsibility for the correctness, quality and legality of the personal data, as well as for the way in which the account holder acquired the personal data.

4. Confidentiality

Impletor.com ensures that persons who have been authorized by impletor.com and app.impletor.com to process personal data have committed themselves to confidentiality or are subject to an appropriate legal obligation to maintain confidentiality.

5. Security

Impletor.com must take and maintain suitable technical and organizational measures to protect personal data during the entire term of this DPA in accordance with the requirements of Article 32 of the GDPR.

6. Rights of the data subjects

If possible, impletor.com declares that the account holder, in order to fulfill the obligations of the account holder to answer inquiries from data subjects and to exercise their rights set out in Chapter III of the GDPR, adequate support through suitable technical and organizational measures to be granted insofar as the costs are borne by the account holder. If an inquiry is sent directly to impletor.com, impletor.com must inform the account holder immediately.

7. Other support

Impletor.com will notify the account holder immediately after impletor.com has become aware of a personal data breach if it concerns personal data that are the subject of this DPA.

Impletor.com provides the account holder with adequate support in complying with the obligations under Articles 32 to 36 of the GDPR, taking into account the processing of the information available to impletor.com. The account holder bears the costs.

8. Deletion / return of personal data

After the expiration or termination of the user agreement, the account holder has the choice that impletor.com returns or deletes all relevant personal data and also deletes all existing copies of personal data, unless impletor.com is legally obliged to do so some or to save all personal data.

9. Examination rights

Impletor.com will provide the account holder with all information that is reasonable to demonstrate compliance with the obligations set out in Article 28 of the GDPR. While the parties typically intend to rely on the provision of documents confirming impletor.com and app.impletor.com compliance with this DPA, impletor.com allows the account holder (or his appointed external auditor who is not a competitor of impletor.com), an examination of the processing of personal data by impletor.com, in compliance with the user agreement, including a subsequent personal data breach by impletor.com, or on the instruction of a data protection authority. The account holder must inform impletor.com in good time of such an intention to check, this check must take place during normal business hours and take all reasonable measures to avoid unnecessary malfunctions of impletor.com. Such a check is subject to the security and confidentiality provisions and guidelines of impletor.com. The account holder compensates impletor.com for any costs incurred for such a check, at the fees offered by impletor.com. These can be made available to account holders on request. The exam fees take into account the resources (or expenditures) used by impletor.com and are agreed by the parties, if possible, before the start of the exam. If impletor.com refuses to follow the instructions regarding checking requested by the account holder, the account holder is entitled to terminate these DPAand the user agreement.

10. Use of sub-processors

The account holder agrees that impletor.com commissions sub-processors from third parties (collectively “sub-processors”) to process the personal data on behalf of the account holder. Impletor.com imposes obligations on each sub-processor to protect the personal data in accordance with the same or essentially similar standard that is provided in this GCU, and continues to be liable for violations of the GCU by a sub-processor caused. Impletor.com may add or change the sub-processors through appropriate notice. If the account holder objects to a proposed change for reasonable reasons (e.g. if the provision of personal data for the subcontractor violates applicable data protection laws or weakens the protection of personal data), he must submit impletor.com within 14 calendar days, notify after the date of notification by impletor.com. This notice must provide a reasonable opportunity to object. Upon receipt of the account holder’s notification, the parties will do their best to find an alternative solution. If the parties are unable to find a mutually acceptable alternative solution within a reasonable period of 30 calendar days or less and impletor.com is unable to continue providing the services to the account holder without using the contested solution, the parties must be able to terminate the user agreement at any time by giving written notice to the other party.

11. Amendment

Impletor.com can update or change this DPA at any time, in whole or in part, by publishing a new version on impletor.com, provided the updated DPA continues to meet the minimum requirements set out in data protection laws. If impletor.com makes changes, the date of the last update will be replaced by the date of the latest version.

12. Applicable law

This DPA is subject to the laws of Lithuania and is interpreted in every respect in accordance with them.

II. Impletor.com User Agreement

Last update: November 11, 2020

SUBSCRIPTIONS – PRIVATE USE

Provided that you meet our conditions of participation, register an account with us, use the free plan, or pay a subscription, Impletor.com grants you (“impletor.com and app.impletor.com”, “we” or “us” ) a personal, non-exclusive, non-transferable and limited right to access and use impletor.com and app.impletor.com during the subscription period, in accordance with the terms of this user agreement and our general terms of use for impletor.com (the “Terms of Use” ) contained conditions.

 

Please also take the time to read the following all important points of the overall document that relate to the use of impletor.com and app.impletor.com.

They are referred to below as “Impletor.com guidelines”.

 

PLEASE READ THIS USER AGREEMENT AND THE IMPLETOR.COM GUIDELINES CAREFULLY BEFORE REGISTERING, ACCESSING AND/OR USING IMPLETOR.COM / APP.IMPLETOR.COM.

IMPLETOR.COM AND ALL ITS ELEMENTS ARE PROTECTED BY COPYRIGHTS, BRAND RIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS. ANY SOFTWARE PROVIDED WITH IMPLETOR.COM IS LICENSED TO YOU ONLY FOR USE UNDER THIS USER AGREEMENT DURING THE SUBSCRIPTION TERMS. NOT SOLD TO YOU.

BY REGISTERING WITH IMPLETOR.COM AND APP.IMPLETOR.COM, ACCESSING OR OTHERWISE USING IMPLETOR.COM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. IF YOU DO NOT AGREE TO THIS USER AGREEMENT, YOU MAY NOT USE IMPLETOR.COM AND APP.IMPLETOR.COM. THIS USER AGREEMENT PROVIDES A LEGAL AGREEMENT BETWEEN YOU AND IMPLETOR.COM (Impletor MB, small partnership company) FOR THE PROVISION OF IMPLETOR.COM DAR. THIS USER AGREEMENT REPLACES AND REPLACES ANY PREVIOUS, AGREEMENTS OR RELATIONSHIPS THAT YOU MAY HAVE WITH IMPLETOR.COM IN RELATION TO IMPLETOR.COM.

Summary of Terms of use

Some of the most important terms of use that apply to your use of impletor.com and app.impletor.com are summarized below. The summary does not purport to be exhaustive and does not replace reading the full version of the terms of use and the impletor.com guidelines.

1. Defined terms

All terms used in this user agreement have the meaning given in the terms of use, unless otherwise defined here.

2. Data protection and cookies

If you register to use impletor.com and app.impletor.com, we may collect personal data from you, e.g., email address and payment details. This information is used to set up your user account, to manage your subscription and to grant you access to the features and functions of impletor.com and app.impletor.com. Impletor.com also uses cookies and similar technologies so that the services function properly and can be analyzed. Further information on how impletor.com uses your personal data and cookies can be found in the Privacy Notice and the cookie notice published on the impletor.com website.

3. Restrictions on use and user content

Your use of impletor.com must be within the framework of the access conditions set out in section 6.1 of the Terms of use and subject to the restrictions set out in section 6.3 of the Terms of use. Your use of impletor.com is also subject to a fair use policy, which you can find in section 13 of the Terms of use. Private users may not use impletor.com for commercial, commercial or professional purposes.

With impletor.com and app.impletor.com, users can link their content with AR triggers (Web AR links or Web AR QR codes). This means that the content associated with an AR trigger is publicly available for viewing by all users who have the AR trigger. We therefore request all users of impletor.com to comply with the rules for the submission of content set out in sections 9, 10 and 11 of the terms of use.

4. Duration

Your impletor.com subscription for private use will continue until one of us terminates your subscription prematurely, as provided in section 15 of the Terms of use.

Private users can cancel their subscription at any time. In accordance with our Refund Policy, home users who cancel their plan will not receive a refund of the fees paid. This does not affect your statutory rights as a consumer (see below).

5. Payment

You agree to pay us the applicable fees for your use of impletor.com and app.impletor.com,  and that we debit your credit, debit or other means of payment when payment is due.

6. DISCLAIMER, DISCLAIMER AND LIMITATION.

YOUR USE OF IMPLETOR.COM AND APP.IMPLETOR.COM IS SUBJECT TO CERTAIN SERVICE DISCLAIMERS, INCLUDED IN SECTION 21 OF THE TERMS OF USE.

THE TERMS OF USE ALSO CONTAIN PROVISIONS THAT EXCLUDE OUR LIABILITY FOR CERTAIN TYPES OF ECONOMIC OR RESULTING LOSSES, AND LIMIT OUR OVERALL LIABILITY FOR USERS OF IMPLETOR.COM SERVICES. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY ARE INCLUDED IN SECTION 23 OF THE TERMS OF USE.

YOUR LEGAL RIGHTS AS A CONSUMER ARE NOT AFFECTED BY THE ABOVE AND MAKE CARE OF THE FOLLOWING NOTES:

ONLINE SERVICES

You can ask us to repeat or improve impletor.com services if they have not been carried out with reasonable care and expertise, or to get money back if we cannot repeat or improve them.

If no price has been agreed in advance, we have to offer a reasonable price.

If a time has not been agreed in advance, the service must be carried out within a reasonable time.

7. Applicable law and choice of jurisdictio

Section 25 of the Terms of Use contains information on the law and case law governing your use of impletor.com.

8. Contact details

Impletor.com is owned and operated by Impletor MB, small partnership company registered in Lithuania (company register number 305638732). You can find our contact details below in the section “Contacting us”. If you have any questions or complaints about impletor.com, you can also contact us at the following addresses:

Postal address: Postal address: Antakalnio str. 75, PO Box 862, LT-10007 Vilnius, Lithuania.

Email: info@impletor.com

SUBSCRIPTION – COMMERCIAL USE

This user agreement applies to natural and legal persons who use impletor.com commercially.

Provided that you meet our conditions of participation, register an account with us, use the free plan, or pay a subscription, impletor.com grants you (“impletor.com and app.impletor.com”, “we” or “us” ) a personal, non-exclusive, non-transferable and limited right of access and use of impletor.com and app.impletor.com, by you or your authorized users, during the subscription period, in accordance with this User Agreement, or the General Terms of Use for impletor.com, the terms contained therein (the “Terms of Use”) and the Data Processing Addendum (DPA) which have been incorporated into this user agreement and are part of this user agreement.

Please also take the time to read the following all important points of the overall document that relate to the use of Impletor.com.

They are referred to below as “Impletor.com guidelines”.

PLEASE READ THIS USER AGREEMENT AND THE IMPLETOR.COM GUIDELINES CAREFULLY BEFORE REGISTERING, ACCESSING AND / OR USING IMPLETOR.COM.

IMPLETOR.COM AND ALL ITS ELEMENTS ARE PROTECTED BY COPYRIGHTS, BRAND RIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS. ANY SOFTWARE PROVIDED WITH IMPLETOR.COM IS LICENSED TO YOU ONLY FOR USE UNDER THIS USER AGREEMENT DURING THE SUBSCRIPTION TERMS. NOT SOLD TO YOU.

BY REGISTERING WITH IMPLETOR.COM AND APP.IMPLETOR.COM, ACCESSING OR OTHERWISE USING IMPLETOR.COM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. IF YOU DO NOT AGREE TO THIS USER AGREEMENT, YOU MAY NOT USE IMPLETOR.COM AND APP.IMPLETOR.COM. THIS USER AGREEMENT PROVIDES A LEGAL AGREEMENT BETWEEN YOU AND IMPLETOR.COM (small partnership company) FOR THE PROVISION OF IMPLETOR.COM DAR. THIS USER AGREEMENT REPLACES AND REPLACES ANY PREVIOUS, AGREEMENTS OR RELATIONSHIPS THAT YOU MAY HAVE WITH IMPLETOR.COM IN RELATION TO IMPLETOR.COM.

 

Summary of terms of use

Some of the most important terms of use that apply to your use of impletor.com and app.impletor.com are summarized below. The summary does not purport to be exhaustive and does not replace reading the full version of the terms of use and the Impletor.com guidelines.

1. Defined terms

All terms used in this user agreement have the meaning given in the terms of use, unless otherwise defined here.

2. Data protection and cookies

If you register to use impletor.com and app.impletor.com, we may collect personal data from you, e.g. email address and payment details. This information is used to set up your user account, to manage your subscription and to grant you access to the features and functions of impletor.com and app.impletor.com. Impletor.com also uses cookies and similar technologies so that the services function properly and can be analyzed. Further information on how impletor.com uses your personal data and cookies can be found in the Privacy Notice and the cookie notice published on the impletor.com website.

3. Registrations and authorized users

Each subscription for commercial purposes purchased in your app.impletor.com account allows a person of your choice (authorized user) to access the impletor.com services.

With regard to you and your authorized users, you agree to:

  • Your authorized users will comply with the terms of use at all times during the subscription period.
  • You must not allow a login to be used by more than one authorized user unless it has been fully assigned to another authorized user. In this case, the previous authorized user no longer has the right to access or use impletor.com and app.impletor.com with this login;
  • Each authorized user will keep a secure password for using impletor.com and app.impletor.com, and each authorized user will keep their password confidential and
  • You authorize impletor.com and app.impletor.com to review and monitor all usage of impletor.com through your app.impletor.com account to determine compliance with this User Agreement, and you agree to pay us the applicable fees for your use of impletor.com, and that we charge your credit, debit or other means of payment when payment is due.
  • You will make every reasonable effort to prevent unauthorized access to or use of impletor.com through your app.impletor.com account. If you become aware of such unauthorized access or use, you must notify us immediately.

In the case of corporations, the rights provided for in this user agreement are only granted to the registered company and do not apply to subsidiaries, holding companies or affiliated companies of the registered registered company.

4. Restrictions on use and user content

Your use of impletor.com and app.impletor.com must be within the framework of the access conditions set out in section 6.1 of the terms of use and subject to the restrictions set out in section 6.3 of the terms of use. Your use of impletor.com and app.impletor.com is also subject to a fair use policy, which you can find in section 13 of the terms of use.

With impletor.com, users can link their content with AR triggers (Web AR links or QR codes). This means that the content associated with an AR trigger is publicly available for viewing by all users who have the AR trigger. We therefore request all users of impletor.com to comply with the rules for the submission of content set out in sections 9, 10 and 11 of the terms of use.

5. Subscription term

Impletor.com subscriptions remain in effect unless you or impletor.com terminate the subscription as provided in Section 15 of the Terms of Use. All impletor.com subscriptions are automatically renewed at the end of the billing period, unless the account holder ends / unsubscribes before the subscription is renewed.

 

6. Payment

You agree to pay us the applicable fees for your use of impletor.com and app.impletor.com, and that we debit your credit, debit or other means of payment when payment is due.

7. DISCLAIMER, DISCLAIMER AND LIMITATION OF LIABILITY

YOUR USE OF IMPLETOR.COM AND APP.IMPLETOR.COM IS SUBJECT TO CERTAIN SERVICE DISCLAIMERS, INCLUDED IN SECTION 21 OF THE TERMS OF USE.

THE TERMS OF USE ALSO CONTAIN PROVISIONS THAT EXCLUDE OUR LIABILITY FOR CERTAIN TYPES OF ECONOMIC OR RESULTING LOSSES, AND LIMIT OUR OVERALL LIABILITY FOR USERS OF IMPLETOR.COM AND APP.IMPLETOR.COM SERVICES. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY ARE INCLUDED IN SECTION 23 OF THE TERMS OF USE.

8. Applicable law and choice of jurisdiction

Section 25 of the Terms of Use contains information on the law and case law governing your use of impletor.com and app.impletor.com.

9. Contact details

Impletor.com is owned and operated by Impletor MB, small partnership company registered in Lithuania (company register number 305638732). You can find our contact details below in the section “Contacting us”. If you have any questions or complaints about Impletor.com, you can also contact us at the following addresses:

Postal address: Antakalnio str. 75, PO Box 862, LT-10007 Vilnius, Lithuania.

E-mail: info@impletor.com

III. Impletor.com Content Policy

Last update: November 11, 2020

INTRODUCTION

Impletor.com is a web augmented reality (Web-AR) platform. This Web-AR platform offers a number of services and functions for publishing (web) augmented reality experiences via a web browser. Contents (e.g. 3D models, sound, animations, pictures) can be uploaded and modified by different functions. This content is published in the form of an augmented reality link.

For our company (“Impletor MB”, “we” or “us”) it is important that impletor.com and app.impletor.com are used safely and responsibly. We have therefore published these provisions on user content in order to explain how we deal with allegations that data or content that is published or distributed by our users via impletor.com (“user content”) violates the rights of third parties. This content policy is relevant for impletor.com users as well as for rights holders and other third parties who may be affected by the use of impletor.com by our users.

IMPLETOR.COM RELATIONSHIP WITH RIGHT OWNERS

We would like to draw your attention to the following properties of impletor.com:

Impletor.com is not the author, publisher, poster or publisher of user content.

When offering the service, impletor.com merely provides the underlying technology and infrastructure that users can use to create, publish, and make their own user content available by connecting them to AR triggers.

Impletor.com does not participate in any way in the first publication of user content that is made available via impletor.com, and we do not carry out any editorial, content-related control or review of the user content.

The fact that a certain element of user content is available on our content delivery platform does not mean that impletor.com approves that user content.

Impletor.com therefore always acts passively as an intermediary and we assume no responsibility for user content that is made available via impletor.com.

Due to the characteristics of online services, it is possible for people to abuse Impletor.com by providing user content that violates rights. As part of our goal of promoting the safe and responsible use of impletor.com and app.impletor.com, impletor.com asks rights holders and other affected third parties to inform us of any alleged illegal use of impletor.com, especially data or content that belongs to you.

HOW CAN YOU REPORT ILLEGAL CONTENT?

Impletor.com can only process your complaint if it relates to certain alleged illegal data or content that has been published by a user of impletor.com and is linked to an AR trigger provided via Impletor.com.

Before submitting a complaint under this User Content Policy, we recommend that you take steps to identify and contact the publisher of the alleged illegal data or content to request that it be discontinued.

If you cannot identify the publisher or if the publisher refuses to remove the user content, you can send us your complaint by email to the following address: info@impletor.com or you can write to us under the following conditions:

Postal address: Impletor MB, Antakalnio str. 75, PO Box 862, LT-10007 Vilnius, Lithuania.

Please make sure to attach the information below. It is the responsibility of the person submitting the complaint to ensure that the complaint is submitted clearly, correctly, completely and for good reason.

WHAT INFORMATION SHOULD YOU INCLUDE IN YOUR COMPLAINT?

In order for us to respond as quickly as possible, your complaint should contain at least the following information:

  • Your contact details and (if applicable) whether you are acting on behalf of another person;
  • a brief description of the alleged unlawful user content and an explanation of why you claim that the user content is unlawful, illegal or otherwise harmful to your privacy, intellectual property or other rights. If you are accused of defamation, you should explain the statement in question and explain why the statement defamed you.
  • (If known) the name of the person who published the user content, the AR trigger with which the user content was linked, or sufficient other information so that impletor.com can find the user content in question;
  • (if available) copies of any correspondence you have had with the publisher of the user content;
  • If the complaint concerns an alleged violation of an intellectual property right, such as copyright, or trademark, you should provide evidence that you are the legal owner or owner of these rights, or that you are authorized to act on behalf of the above party.
  • Any other information that you find helpful.

HOW DO WE DEAL WITH COMPLAINTS?

As soon as you have made all of the information above available to impletor.com, we will investigate your complaint. We will assess complaints based on applicable laws, regulations and codes, as well as our terms of use for impletor.com. We will process complaints as soon as possible, but reserve the right to ask you for additional information or to seek legal advice.

If a complaint appears to be an infringement or other form of unlawfulness, we will have access to the user content deactivate and/or remove from our systems. We will also remove user content if we have received a court order pursuant to section of the Defamation Criminal Code. User content that has been removed can be saved by us in order to comply with legal obligations.

If an impletor.com user objects to the actions we take on their user content, they must notify us within seven (7) days. Typically, we will not re-enable access to content that is the subject of a complaint unless the user (publisher) can provide us with a certified and signed license agreement, settlement agreement, or a sealed order from a competent court, in such cases we reserve the right to refuse to return user content to our content delivery platform. We do not have to inform the impletor.com user of any reason for such a rejection.

FINAL PROVISIONS

Impletor.com evaluates complaints under these provisions regarding user content in accordance with Lithuanian law. We reserve the right to review and change these user content terms at any time. Depending on the circumstances of the individual case, we may deviate from certain aspects of the provisions on user content at any time. New versions of the provisions on user content are made available at https://impletor.com/ and https://app.impletor.com/. If a version of the content policy contradicts this version, the new version takes precedence.

 

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