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User Agreement and Privacy Policy
Last updated: 20 May 2018
This Website is operated on behalf of Artisan Central ©, when you visit the Website, your visit and any disputes are subject to the User Agreement (“Agreement”). Do not use the Website unless you wish to be bound by this Agreement. Browsing the Website will constitute immediate acceptance of the User Agreement in full, so if you do not accept the Agreement either in whole or in part, you should stop using the Website immediately. You further acknowledge and agree that in the event you breach the Agreement you will indemnify and keep indemnified the abovementioned parties against any loss, damage or cause of action which may accrue to those parties. By accessing this Website, you acknowledge that the data is legally protected.
Throughout the User Agreement, when we refer to 'we', 'us', 'our' etc., we are referring to Artisan Central. When we refer to 'you', ‘customer’, ‘customers’, ‘user’ or ‘users’ etc. we are referring to the user or browser of the Website. When we refer to ‘artisans’, ‘member’, ‘members’ or ‘you’ we are referring to artisans (members) registered with Artisan Central. When we refer to ‘Website’ we refer to the Artisan Central website and associated domain names (www.artisancentral.fr, www.artisancentral.co.uk, www.artisancentral.eu). When we refer to ‘Service’ we refer to the Website and all associated services, materials, products and contents produced by Artisan Central.
Each of the provisions of this Agreement shall be construed separately and independently of the others. Headings and clause headings are inserted for convenience only and shall not affect the interpretation of this Agreement.
Disclaimer
Artisan Central is independent of any other organisation or political group.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, such provisions shall be struck out and the remaining provisions shall remain in force unless the business purpose of this Agreement is substantially frustrated, in which case it shall terminate without giving rise to further liability.
Artisan Central shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control including but not exclusively war, threat of war, riot, civil strife, embargoes, government orders, changes in the law, act of God, industrial dispute, terrorist activity, natural or nuclear disaster, fire or adverse weather conditions, technical or maintenance problems with transport, internet, website, telephone, other forms of communication, illness.
To the extent permitted by law Artisan Central excludes all liability in contract, tort (including negligence) breach of statutory duty or otherwise for any costs, losses, claims, damages, expenses or proceedings (including special, incidental or consequential loss or damage, third party damages, compensatory, loss of profits, loss of business information and data, business interruption, wasted management time and other pecuniary loss) incurred or suffered by you arising directly, indirectly or consequently in connection with this Website and its content including any loss, damage or expense arising from, but not limited to, any defect, error, imperfection, fault, mistake, timeliness, inaccuracy or interrupted service, webhosting, concerning this Website, its content or associated services or due to any unavailability of part or all of the Website or any content or associated services.
To the extent permitted by law Artisan Central staff, directors, employees and agents will not be liable for damages arising out of, or in connection with, arising directory or indirectly, in connection with this Website, information and materials, products and services. This limit is comprehensive and applies to damages of all kind including (without limitation) direct, indirect, compensatory, special, incidental or consequential loss or damage, third party damages, loss of profits, loss of business information and data, business interruption, wasted management time and other pecuniary loss.
In the event that any limitation or exclusion of liability in this Agreement proves ineffective, then we shall not be liable to users, members or others for more than €100 in aggregate.
Members and Users
Artisan Central members operate as independent business and are not working on behalf of Artisan Central, so we cannot guarantee the quality of their work or services offered. Members are not agents or representatives of Artisan Central, and are not authorised to bind Artisan Central. Nothing herein shall create or be deemed to create any joint venture, principal-agent or partnership relationship between the parties (users and members) and neither party shall hold itself out in its advertising or otherwise in any manner which would indicate or imply any such relationship with the other. We will not be a party to any contract made between customers and members.
We can guarantee that artisans will have undergone pre-membership checks and agree to comply with and uphold the Artisan Central Code of Practice before they are accepted as members. Artisan Central takes reasonable steps to ensure that the Website and all information provided on or through it is accurate however it is the member’s sole responsibility for the accuracy of any representations and claims and adherence to the Agreement, Code of Practice and Membership Terms and Conditions. We make no warranty regarding any products or services purchased or obtained through the Artisan Central Website, or any transactions entered into through the Website.
The checks undertaken by Artisan Central do not in any way replace the checks/research you should always make before entering into any agreement with a member. The selection or use of any Artisan Central member is made entirely by you and it is your obligation to verify independently such matters from primary sources of information and by taking specific professional advice. You must not rely on the services, materials, products and content of this Website to do this for you.
Members have sole responsibility for the accuracy of their own content (including their Artisan Central business profile) and any products or services they provide. Members are responsible to ensure they are entitled to provide the information and materials in their membership application form and their business profile and therefore agree to indemnify Artisan Central against any and all expenses, damages and losses of any kind (including reasonable legal fees and costs) incurred by us in connection with any actual or threatened claims of any kind (including without any limitation any claim of trademark or copyright infringement, logos, defamation, breach of confidentiality, false or misleading advertising or sales practices) arising from the member’s provision of their business profile information, customer references and other materials. Any information and materials must be a member’s own work, non-defamatory, non-libellous and legal.
Members and customers are responsible for their own communications and for any consequences arising out of them. The Website is intended to allow users and members to publish reviews that are legal and proper and for members to respond where appropriate; users and members agree to use the Website for this purpose only.
At the point of submitting a review, customers confirm:
- They are a paying customer of the artisan/business and have no financial or personal interest in the artisan/business.
- The work was undertaken in the last 12 months and has been completed.
- They have raised any issues about the artisan’s work with them direct and given reasonable time for them to rectify the problem or respond before leaving a negative review.
- The review is restricted to the reviewer’s personal experience of the artisan’s work and not the opinion of family, friends or others.
- The review should be accurate, fair, factual, legal and proper; non-defamatory and non-libellous.
Members who submit materials (including logos, photographs, portfolio of work, text, graphics, trademarks) as part of their membership application and for the duration of their membership, permit Artisan Central to reproduce, modify, publish, edit, translate, distribute, perform and display the material in the member’s business profile and in related media/PR/advertising. Members waive any moral rights they have to the materials and should not submit any materials to Artisan Central that they would not want used in this way.
Members who cancel their membership or whose membership is suspended by Artisan Central are, with immediate effect, prohibited from using the Artisan Central ‘member’ logo, trademark, service mark, website address, or other intellectual property contained in or relating to the Website, or claim, indicate or suggest in any form that they are an existing Artisan Central member. Members should inform any current customers of their change in membership status within 48 hours.
In order to process membership applications Artisan Central is required to collect certain identifiable personal details from members. These details may include but are not limited to the names and addresses of members, payment details, home address, business information, copies of business insurance, trade-related qualifications and client references. We take responsibility for ensuring that proper security measures are in place to protect this information. The personally identifiable information we collect may change from time to time, but can only be collected when a member or user voluntarily gives it to us.
Any information such as email addresses and contact telephone numbers collected from the Website will be simply used for communicating with members or users and will not be supplied to a third party with the exception of details forming part of a member’s online business profile.
This policy only applies to Artisan Central Websites and not to other websites that we or members provide links to.
Members will provide business related information for inclusion in their member profile. Any inaccuracies should be notified to admin@artisancentral.fr
When you register to become a member, provide a customer reference, or a customer review, you may need to provide us with personal, financial and business information (including other staff and associates) in order to complete your business profile. When you provide this you consent to the use by us of this information in accordance with our Privacy Policy and confirm that you provide this information in good faith and have sought the consent of others (for example your staff and associates) who will also feature in the business profile.
Website
A review may be refused on the grounds it is anonymous, unconfirmed, libellous, defamatory, violates the Agreement or does not comply with applicable laws and regulations; the customer is asked to modify their review but does not do so within the deadline mentioned in the email; the review violates other people’s rights, privacy, intellectual property; the review is of a marketing nature; the review is from an employee or ex-employee or family member; the reviewer is not a genuine customer; the customer is unable to provide proof that they are a genuine customer, proof of the work carried out, or proof that the negative review is warranted.
Artisan Central may edit, modify, remove or refuse to publish any parts of a business profile or review if we consider it to be in breach of any of the provisions of the Agreement or which is or may be otherwise illegal or objectionable, defamatory or libellous; and may disclose any information we deem appropriate to satisfy any applicable law, regulation, legal process, police request or government request. Without prejudice to the generality of the above, we reserve the right to suspend, terminate or restrict access to the Website at any time and/or to terminate this Agreement immediately on notice in the event a user or member is in material breach of this Agreement.
In all other circumstances, we reserve our right to modify or discontinue temporarily or permanently all or part of the Service, terminate the provision to you of the Service or restrict your access to the Service; and/or terminate this Agreement at any time without notice for any reason whatsoever, without liability of any kind to you (provided always that any such termination shall be without prejudice to the rights and liabilities of each party accrued prior to such termination).
The services, materials, products and content found on this Website is provided 'as is'. Whilst every effort is made to ensure the accuracy, quality, fitness for purpose, security, suitability and non-infringement of the services, materials, products and content, errors can occur and legislation, practice and regulations change. Whilst we endeavour to ensure that the information contained in the Website is accurate, the material is of a general nature and not intended to be a substitute for specialist advice.
We cannot guarantee:
- That material, information or data obtained from or through this Website is complete, accurate or not an infringement of any party's intellectual or other property rights.
- That material, information and data obtained from or through this Website will meet your particular requirements.
- That your access to or use of this Website will be uninterrupted, timely or error-free or that defects in information contained on this Website will be corrected.
All users agree not to use the Website or associated service in any unlawful manner and in particular shall not:
- Defame, libel, abuse, harass, stalk, threaten or otherwise violate the legal rights (including rights of privacy and publicity) of others;
- Publish, post, upload, distribute or disseminate (post) any inappropriate, defamatory, libellous, abusive, infringing, obscene, discriminatory or otherwise unlawful material;
- Post any material that infringes any patent, trademark, copyright, trade secret or other proprietary right of any person;
- Post any corrupted files, files that contain viruses, or any other code that may damage the operation of a computer or other electronic device;
- Contact members for any reason other than to discuss potential work;
- Not use the contact information included in the Website for any form of unsolicited contact or approach to Artisan Central members or staff, including unsolicited direct mail or spam, promoting a business or service unless specifically requested to do so by a specific member or member of staff;
- Impersonate another person or entity; falsify documents including but not limited to proof of ID, insurance policies, trade-related qualifications, bank account information;
- Cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired; or
- Restrict or inhibit any other user from using and enjoying the Website.
You also agree not to adapt, alter or create a derivative work from any Artisan Central Website services, materials, products, content, downloads, member information, and documents except for your own personal, non-commercial use. Any other use of the Artisan Central Website services, materials, products, contents, downloads, member information, and document requires prior written consent from Artisan Central. This includes but is not limited to advertising and promotion.
Under the provisions of Law No. 98-536 of 1 July 1998 transposing into the code of intellectual property of Directive 96/9 / EC of 11 March 1996 on the legal protection of databases, Artisan Central is producer of the information accessible on this Website and the sole owner.
In accordance with the law of 1 July 1998 mentioned above any trademark, service mark or other intellectual property contained in or relating to this Website are, unless otherwise explicitly stated, the property of Artisan Central. Including the manner in which the Website is presented or appears and all information and documentation relating to it is our property and nothing in this User Agreement shall be taken to transfer any of the Rights to users or members. The use of such trademarks, service marks or other intellectual property by users or members of this Website is strictly forbidden other than with the express written consent of Artisan Central. Express written consent can be withdrawn at any time.
Under the rights of registered subscribers under direct marketing operations and Article R10-1 of the Code of Posts and Electronic Communications established by decree of the State Council 01/08 / 03, use for commercial purposes or public dissemination of data downloaded from http://www.artisancentral.fr (also .org, .eu and co.uk) is forbidden, on pain of criminal sanctions provided for by Articles 226-16 to 226-24 the Penal Code which punishes, inter alia, the illegal collection of personal data.
This Website may contain hyperlinks to websites operated by other parties, Artisan Central does not control, and is not responsible for, the privacy practices or the content of such websites. You should check with these websites to determine their privacy policies. These links are suggested for information only and our inclusion of hyperlinks to such websites does not imply any endorsement of views, statements or information contained in such websites. Care is advised in visiting any external sites linked from this Website. No liability is accepted for any information contained on any external website. If you consider that the content of any external website linked from this Website is illegal, immoral or offensive please advise Artisan Central using any of the contact methods listed.
You should remember that when you link to another website, the terms of use of the external linked website will apply and not the User Agreement of this Website.
Users and members may not assign, transfer, or sub-contract their rights hereunder without our prior written consent. Artisan Central may assign, transfer, or sub-contract all or any of our rights at any time without consent.
Privacy Policy
Rights
You can exercise the following rights:
- information about any personal data we hold and process about you,
- rectification of any inaccuracies within the personal data we hold about you,
- erasure of your personal data from our systems,
- restriction of data processing, in cases where we are not allowed to delete your data entirely due to applicable law,
- revoke your consent to data storage and processing,
- data transfer, in case you have agreed to data processing or have signed a contract with us.
Scope of Data Processing by Data Controller and Third Parties
Personal data is processed within the scope of this privacy policy only. Your personal information will not be disclosed to third parties for other than the specified purposes. We may disclose your personal data to third parties if:
- you have expressly given consent,
- it is required to fulfill our contract with you,
- it is required to fulfill a legal requirement,
- it ensures our legitimate interest and there is no reason to presume any predominant protectable interest from your side against disclosure.
Deletion and Suspension of Data
We uphold the principles of data reduction and data economy. Therefore, your personal information is stored only as long as it is required for achieving the purposes described herein or as is mandated by law. After the particular purpose ceases or the statutory terms expire, all date is routinely deleted or suspended according to regulations.
Acquisition of General Information During a Visit to our Website
When accessing our website, general information is recorded automatically. This information (server log files) contains, among others, your web browser type, the operating system in use, the domain name of your internet service provider and similar data. This is information does not enable us to make any conclusion about you personally. This data is technically required, to deliver the requested content of websites correctly and are obligatory when using the internet. They are processed for the following purposes:
- ensuring a working connection with the website is established,
- ensuring proper use of our website,
- analysis of system security and stability,
- additional administrative purposes.
Cookies
Like many other websites we use so-called “cookies“. Cookies are small text files send to your local hard drive by a web server. This automatically provides us with certain data, like IP-address, browser, operating system used and your internet connection.
Cookies cannot be used to open programs or transfer viruses to another computer. Based on the information contained in the cookies however we can simplify navigation for you and ensure or website is correctly displayed. Mainly, this concerns so-called “session cookies”, which are solely used to facilitate the correct functionality of the website and are deleted once you leave our website or close the browser.
In no case will we disclose the data collected to third parties or, without your consent, create a connection to your personal information. Of course, you can visit our website without cookies in general. Internet browsers are commonly set up to accept cookies. Typically, you can disable the use of cookies in your browser settings. Please use the help function of your browser to find out how to change these settings. Please be advised that some functions of our website might not work properly once cookies are disabled.
Registering on our Website
When registering on our website, in order to use our personalized services, we will collect some personal information, such as name, address, contact and communication data such as telephone number and email address. When you register with us, you can access content and services we provide for registered users only. Registered users can also modify and delete any data given during registration.
We are happy to provide information about any personal data saved in our systems. We will also assist in correcting or deleting them, unless regulation or law prevent us from doing so. To contact us for this purpose, please use the contact information at the end of our privacy policy.
Providing Paid and Contractual Services
To provide paid and other contractually agreed services, we will collect additional data, such as payment information, in order to be able to execute your order (including its payment and delivery/fulfillment).
We will save this information in our systems until the expiration of applicable legal retention periods. We will only provide such data to third parties, required within the scope of delivery or as required by law (e.g. to accountants or authorities).
SSL Encryption
To ensure the safety of your information during transmission, we use common state of the art encryption methods via HTTPS (SSL/TLS).
Newsletter
Based on your explicit consent we will send you our periodic newsletter or comparable information via email to your provided email address.
To receive our newsletter, we only require your email address. For the purposes of addressing you personally within the newsletter, we optionally ask you to provide your name as well. When registering for our newsletter, the information provided will be solely used for this purpose. Subscribers may also be informed about certain circumstances relevant for the service or the registration (e.g. changes to the newsletter or technical issues).
We require a valid email address for an effective registration. In order to verify that a registration has been made by the legitimate holder of the email address, we use the so-called „double opt in“ method. For this purpose, we record the registration for the newsletter, dispatching of a confirmation email and the receipt of the hereby requested response. Additional data is not collected. The data is solely used for the purposes of sending the newsletter and is not disclosed to third parties.
You can revoke your consent to saving your personal information for the purposes of receiving the newsletter at any time. You will find a corresponding link in each newsletter. Also you can unsubscribe directly on our website or tell us by using the contact information at the end of our privacy policy.
The newsletter is dispatched by our newsletter service provider „MailChimp“. It is operated by Rocket Science Group LLC, 675 Ponce De Leon Ave NW #5000, Atlanta, GA 30308, USA. MailChimp is certified under the „Privacy Shield“ treaty and therefore guarantees compliance with European data protection levels. The service is being used based on a data processing agreement according to art. 28 par. 3 p. 1 GDPR.
MailChimp can use the subscription data in an anonymized form, meaning, that they cannot be allocated to an individual user, for the purpose of optimizing their own services (e.g. improving of campaign dispatching, better newsletter rendering or statistical purposes). The data of our subscribers are not used for contact purposes by MailChimp or third party disclosure.
Our newsletters contain a small file, which is retrieved from the MailChimp servers. This allows us to improve our service based on technical data, target audience analysis or access times. The data collected includes statistics on if and when newsletters are opened. Although it is possible to match this information to individual subscribers, the data collected is explicitly used solely for the purpose of adjusting our contents to our subscribers reading habits and interests. There is no surveillance of individual subscribers by either us or MailChimp.
Privacy Policy of MailChimp:
https://mailchimp.com/legal/privacy/
Privacy Shield certification of MailChimp:
https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG&status=Active
Contact Form
Should you contact us via email or via the contact form for any reason, you give consent to us saving the information provided. The collected data is used to allocate and subsequently respond to your enquiry. Providing any additional data is optional. The data provided by you will be saved in order to handle your inquiry as well as any subsequent follow-up questions. After concluding your inquiry, your personal information will be automatically deleted.
Use of Google Analytics
This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States.
As IP anonymization is activated on this website, your IP-address will be truncated within the area of Member States of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases the whole IP-address will be first transferred to a Google server in the USA and truncated there.
Google will use this information on behalf of the operator of this website for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing them with other services relating to website activity and internet usage. The IP-address, that your browser conveys within the scope of Google Analytics, will not be associated with any other data held by Google.
The reason for processing this data is to evaluate the website use and create activity reports. Based on the use of the website and the internet, additional services will be provided. The data processing is based on the legitimate interest of the website operator. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You may further also opt-out from the information collected through the tracking cookie (including your IP-address) being submitted to, or processed by, Google Analytics by downloading and installing the Google Analytics Opt-out browser add-on for your current web browser: Browser add on to disable Google Analytics.
Additionally, within browsers on mobile devices or as an alternative to the browser add on, you can disable tracking by Google Analytics on our website by clicking this link. An opt-out cookie will be stored on your device. This will prevent tracking by Google Analytics for this website and this browser in the future, as long as the cookie remains installed in your browser. The opt-out applies only for this browser and within this domain only.
Google is certified under the “Privacy Shield” treaty and therefore guarantees compliance with European data protection levels.
Personal information of our website users is deleted or anonymized after 14 months.
Privacy Policy of Google:
https://policies.google.com/privacy?hl=en
Privacy Shield certification of Google:
https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active
Third Party Content and Services
For the purpose of an optimized rendering, our website utilizes third-party content (“Third Party Suppliers“), such as fonts, maps and videos. This entails that the provider(s) of such are capable of identifying an incoming IP-address, without which this content cannot be transmitted to the browser being used to visit the website. Identification of the IP-address is therefore a technical requirement for the provision of this content. We attempt to select and use only such content in which the respective Third-Party Suppliers are committed to registering the IP-address solely for the purpose of providing this content. Third Party Suppliers may furthermore save data for statistical purposes. Some browsers give you the possibility to limit or modify the type and amount of data transmitted to Third Party Suppliers, however, this depends on the browser you use.
Use of Adobe Typekit
We use Adobe Typekit for designing our website. Typekit is a service provided by Adobe Systems Software Ireland Ltd., giving us access to a font library. In order to use the fonts, your browser needs to connect to one of Adobe’s servers in the USA and load the fonts. Hereby, Adobe will gain knowledge about our website being loaded from your IP-address. You can find further information on Adobe Typekit in Adobe’s Privacy Policy: https://www.adobe.com/privacy/typekit.html
Use of Google Maps
This website utilizes the Google Maps API, in order to visually provide geographical information. By using Google Maps, Google may record, save and use data on how users use the map functions. Further information about data processing by Google can be found in Google’s Privacy Policy (see below). You can also modify your personal Privacy Settings in Google’s Privacy Centre.
Privacy Policy of Google:
https://www.google.com/policies/privacy/
You can find detailed instructions on managing your personal data in context with Google products here.
Changes to our Privacy Policy
We reserve the right to amend and adjust this Privacy Policy, to keep it up to date with legal requirements or to reflect changes to our services (e.g. when introducing additional services). For your next visit, a possible new Privacy Policy takes effect.
Questions about Privacy
Should you have questions regarding the protection of your personal data, please send us an email or contact the person responsible for data protection in our organization directly: Pete O’Grady
This Privacy Policy was created on May 18, 2018, in part with the Privacy Policy Generator by activeMind AG and subsequently translated into English.