PRIVACY & COOKIES POLICY

This Privacy Policy explains our approach to any personal data that we collect about you when you use our website picsellmanifesto.io (the “Website”). The purpose of this document is to inform you about collection, storage, use and disclosure of your personal data (“Personal Data”) as a result of using this Website and your rights in this regard. Please read this policy carefully before providing us with any Data by using this Website.

1. THE CONTROLLER OF YOUR PERSONAL DATA

The controller for data collected through this Website is ASAP HUB SRL, a company with headquarters in Romania, 118 A2 Paulestii Noi Street, Prahova County.

2. TYPES OF INFORMATION COLLECTED, PURPOSE AND LEGAL BASIS

1. When you access our Website

The Website collects certain information automatically and stores it in log files. The information may include: the IP addresses or domain names of the computers utilized by you, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server’s answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by you, the various time details per visit (e.g., the time spent on each page within the Website) and the details about the path followed within the Website with special reference to the sequence of pages visited, and other parameters about the device operating system and/or yours IT environment.

We use this information to help us design our Website to better suit our users’ needs. We may also use your IP address to help diagnose problems with our server and to administer our website, analyze trends, track visitor movements, and gather broad demographic information that assists us in identifying visitor preferences.

The legal basis for this processing is our legitimate interest to monitor the Website activity and to ensure the Website security. The data is stored for as long as the campaign is unfinished and an additional period of 1 year, after the artwork is finished, all these starting from the date of the visit, with the exception of cookies whose lifespan is listed in our Cookie Policy.

Our Website also uses cookies and other technologies, and you can read about these in our Cookie Policy.

2. When you create an account on our Website

You have the possibility to create an account on our Website in order to purchase one or more pixels from any of the selected artworks.

For registration of an account, you must provide a nickname, an email address and a password. Your real name is not required, but the nickname is required to be identified as a user. After the registration, you only need to use your email address and password to sign in to your account. If you want to reset your password you can do that by introducing your email address, the old password and the new one. Once you have created an account you can buy any available pixels.

We process these data based on the contract concluded between us (acceptance of the Terms and Conditions followed by the creating of an account is equivalent to concluding a contract). The data will be stored by us for the entire time your account is active and for an additional period of 30-days following deletion of the user account.

3. When you make a purchase on our Website

If you want to be part of our experiment which intends to create an authentic and innovative digital artwork, you have the possibility to purchase a pixel from our Website from any of the selected artworks. The chosen artworks are from the category of those up to 20th century and are included in public domain. You may purchase maximum 900 pixels at once. A digital artwork will be created using all pixels purchased.

You can buy your own pixel/s from any of the selected artworks and place it on the canvas, more you buy, more visible you get. If you buy between 1 and 9 pixels you can select a different artwork for each picsell and you can give a name to each picsell chosen. If you buy a square pixel selection you can make a single artwork selection for a bigger size picsell chosen from one artwork only and you will choose one name for the whole selection. Once you have made the purchase you will receive by email a Postcard indicating the image and the data associated with the purchased picsell. When the final artwork is ready, you will receive by email a link to the final artwork (which is a canvas on the Website) so you can search there for your pixel and zoom in.

Payment for purchased pixels will be done via a payment processing service provider (Stripe). You will be directed to the Stripe’s platform and on this platform, you will find details on the terms and conditions for the use of the card payment functionality and on the processing of related personal data carried out by the payment processor.

We process these data based on the contract concluded between us (acceptance of the Terms and Conditions followed by the purchase of pixels is equivalent to concluding a contract). The data are stored for as long as the campaign is unfinished and an additional period of 3 years, after the artwork is finished, from the date of concluding the contract. This term is necessary for our internal registries, for accounting or financial purposes and for defending our rights in case of any claims.

4. When you contact us for any request

You may contact us through the details provided on the Website. We will process your contact details as well as any other information you choose to provide.

We process this personal data based on our legitimate interest, in order to answer your questions and requests. We will retain this data for a maximum period of 3 years from the last interaction with you, or until your request to erasure them (to the extent that the right to erasure applies).

3. TRANSFERS OUTSIDE OF THE EUROPEAN ECONOMIC AREA

We generally process your personal data within the EEA and do not transfer or disclose your personal data to third parties outside the EEA. However, the data you provide to us may be disclosed to companies in our group, from countries outside the European Economic Area. In this case, we will take appropriate measures to ensure that your data is used in accordance with this Policy and that the necessary security measures are taken. Such measures include, as the case, the guarantee represented by the adequacy decision issued by the European Commission or the conclusion of standard contractual clauses approved by the European Commission.

4. DISCLOSURE OF PERSONAL DATA

We will not disclose your personal data except where strictly necessary for the purposes detailed in this Privacy Policy, to the following categories of third parties:

organizations which provide us relevant services for maintaining and developing this Website and its tools;
potentially other entities, where we or they have a prevailing legitimate interest in the disclosure or where we are required by law to make such a disclosure;
other entities involved in our services, as communications agencies etc.;
providers of information technology and support system, including email archiving, disaster recovery and cybersecurity and recovery services;
other entities, such as public authorities and institutions, accountants, auditors, lawyers and other external professional consultants, when their activity requires knowledge of the data or when the law requires us to disclose them.

While not in our intention to disclose data in this way, we may disclose it:

where you request or agree to it;
to persons who demonstrate they are acting on your behalf;
where we are required to disclose your data in order to comply with a legal obligation or a request from the authorities;
for the establishment, exercise or defense of legal claims.

Third parties with whom we choose to share your personal data in accordance with the above are limited (by law and contract) in their ability to use personal data strictly for the specific purposes identified by us. We will always ensure that any third party with whom we choose to share personal data are subject to data protection obligations. However, for the avoidance of doubt, this may not be applicable when disclosure is not our decision (for example, whether we need to provide personal data as a result of a mandatory request from a public authority).

Our website may contain links to other websites belonging to third parties. We do not control the privacy policies of these websites.

5. YOUR RIGHTS

5.1. Right to access

You have the right to obtain from us, based on a request made by you in this regard, information related to the personal data we hold about you, including:

to confirm that we process or not your Personal Data;
information related to the purpose of processing; the categories of personal data concerned; the recipients or categories of recipients to whom this data has been or is to be disclosed; the period for which this data is expected to be stored;
if the data are not collected directly by us, any available information on their source;
the right to obtain a copy of your Personal Data that we process. If you request other copies of your personal data, then we may charge you a reasonable fee based on administrative costs.

5.2. Right to withdraw the consent

Where you have given consent for the processing of your personal data, you may withdraw your consent at any moment.

5.3. Right to rectification

You have the right to obtain the rectification of your personal data, if inaccurate or incomplete.

5.4. Right to erasure

You have the right to request that we delete the personal data we process about you, in the following situations:

personal data are no longer necessary for the purposes for which they were collected or processed;
you withdraw the consent you have given us for the processing of Personal Data and there is no other legal basis for the processing;
you object to the processing of Personal Data and there are no legitimate reasons to prevail regarding the processing;
personal data have been processed illegally;
personal data must be deleted in order to comply with a legal obligation incumbent on us.

We must comply with this request, unless the data is necessary:

for exercising the right of freedom of expression and information;
for compliance with a legal obligation that binds us;
for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes; or
for the establishment, exercise or defense of legal claims.

Right to restriction

You may obtain from us restriction of processing of your personal data, if:

you contest the accuracy of your personal data, for the period we need to verify the accuracy;
the processing is unlawful, if you request the restriction of the processing instead of the erasure of your personal data;
we do no longer need your personal data, but you request it for the establishment, exercise or defense of legal claims; or
you object to the processing while we verify whether our grounded reasons override yours.

In this situation where the processing has been restricted, Personal Data may, except for storage, be processed only with your consent or may be processed to establish, exercise or defend a right in court or to protect the rights of another natural or legal person from reasons of public interest.

Right to object

You may object, at any time, to the processing of your personal data due to your particular situation, provided that the processing is not based on your consent, but on our legitimate interests or those of a third party. Your right to object may be exercised by sending a request in this regard to us, in writing. In the light of the above, you can address a request directly to our data protection officer.

In this case, we will no longer process your personal data, unless we can prove the legitimate grounds that bind us and an interest that prevails for processing or for the writting, exercise or defense of legal action. If you object to the processing, please indicate whether you also want your personal data to be deleted, otherwise they will be limited.

Right to lodge a complaint

If you have any complaints about the way in which we process your personal data, we prefer that you contact us directly in order to address your problem. However, you may contact the data protection authority (for the Romanian Data Protection Authority, you may use the information posted on their website www.dataprotection.ro).

Please note:

Time period: We will try to fulfil your request within one month, a period which may be extended due to specific reasons relating to the context of the situation or the complexity of your request. In all cases, if this period is extended, we will inform you about the term of extension and the reasons that led to it.
No identification: In some cases, we may not be able to identify your personal data due to the identifiers you provide in your request. In such cases, where we cannot identify you as a data subject, we are not able to comply with your request in accordance with this section, unless you provide additional information enabling your identification. We will inform you and give you the opportunity to provide such additional details.
Exercise your legal rights: In order to exercise your rights, please contact us in writing (including electronically) at the contact details provided below.

6. CONFIDENTIALITY AND SECURITY

The protection of your Personal Data is very important to us. We will take all necessary security measures to protect your data against unauthorized access to data or unauthorized modification, disclosure or destruction of data. This involves internal reviews of data collection, storage and processing practices and security measures, as well as physical security measures to protect against unauthorized access to the systems where we store personal data.

We have implemented technical and organizational security measures, in order to protect your Personal Data against unauthorized access to data, loss, destruction or accidental or intentional modification.

7. CHANGES TO THIS PRIVACY POLICY

This Policy may be modified unilaterally by us at any time. To the extent that such a change occurs, it will be valid from the date of publication on our website of the updated version.

8. CONTACT DETAILS

Please use the contact details below for any questions regarding the protection of your Personal Data and for exercising your data subject rights:

Email: contact@picsellmanifesto.io

What are Cookies?

Cookies are small files, consisting of letters and numbers, which will be stored on the computer, mobile terminal or other equipment of a user from which the Internet is accessed. Cookies allow us to offer you a better browsing experience and a faster response on our website. Any additional information, including that allowing us to serve you ads or analyze the audience of the website, shall only be stored upon your prior consent to be given by indicating your option in the cookie banner displayed when accessing our website or by any of the means specified below.

Cookies can be placed for different purposes. In general, the main categories of cookies, organized by purpose, are: necessary, audience (analytics), preferences and marketing.

The cookies necessary for the operation of a website may be placed without the prior consent of the users, according to the legislation. Disabling the necessary cookies can lead to malfunctions or the impossibility of using a certain website.

We recommend you to carefully read the following information to better understand what type of cookies we use and how you can customize the use of cookies based on your preferences.

What type of cookies do we use?

Our website may use both cookies that do not need your consent to be downloaded onto your device and cookies that can be downloaded only upon your prior consent. Also, cookies are distinguished depending on the domain that places them, namely first party cookies (cookies that we place) and third party cookies (cookies placed by third parties).

Necessary cookies (NOT requiring your prior consent): These cookies are necessary for the website to function and allow you access to relevant items (browsing cookies) - these are mainly session cookies. We may also use cookies for security purposes (e.g., preventing repeated access) and functional cookies that allow us to save your preferences and settings and improve your browsing experience on our website. To ensure the proper functioning of these cookies, as well as to ensure the registration of your preferences, these cookies will not be deleted when you finish browsing. However, these cookies will have a period of validity (not longer than 2 years) after which they will be deactivated automatically. These cookies and the information included in them will not be used for purposes other than those described above. Installing the necessary cookies does not mean we need to obtain your prior consent - we automatically set them on your device when you access the website. You can decide to disable cookies at any time by changing the settings of the relevant browser. However, this may prevent you from viewing the website correctly.
Marketing Cookies that may include:

Profiling cookies for advertising purposes: These create user profiles for ads that correspond to the preferences expressed by users in web browsing.
Retargeting cookies: they are used to serve advertisements for products that are similar to those you are interested in (e.g. displaying pages about products you have visited on our website when browsing affiliate websites ) or measuring the effectiveness of marketing campaigns (conducted by us or third parties).
Social media cookies: moreover, our website allows certain social networks (eg Facebook, Youtube) to install their own cookies through their plug-ins. These cookies are administered directly by third parties and may also be used to serve ads that are in line with your preferences when browsing other websites.

Analytical (Statistics) cookies: they record your choices and activity on our website to perform statistical analysis, for us or for third parties, by tracking your preferences and browsing behavior, and to serve personalized ads for you.

Analytical and marketing cookies are installed only taking into account your options. For this reason, when you access our website a special banner is displayed which will give you the opportunity to express your choice regarding the categories of cookies that our website installs on your devices (except those necessary, which are installed automatically when accessing the website).

After expressing your option, the cookie banner will disappear. We will track your option / consent (if applicable) through a specific technical cookie. As a consequence, the cookie banner will no longer be displayed if you visit our website again in the future. If you decide to delete some cookies with technical functionalities, please keep in mind that we will lose track of your options / consent and, as such, the cookie banner will be presented again on your next visit to our website.

List of cookies used:

1. Necessary

The necessary cookies help to make a site usable by activating the basic functions, such as page navigation, login and access to secure areas on the site. The site cannot function properly without these cookies. These types of cookies do not require your consent and they are active automatically and continuously.

2. Marketing

Marketing cookies are used to track users from one site to another. The intention is to display relevant and engaging ads for individual users. Our site does not contain advertisements for third parties, but when you visit our site and accept the personalization of advertising, the cookie set on the terminal allows us to display advertising for our products and campaigns, both on our sites and on third party sites (remarketing).

3. Analytical (Statistics)

Analytical (Statistics) cookies record your choices and activity on our website to perform a statistical analysis by tracking your preferences and your browsing behavior and to serve personalized ads for you.

4. Deleting Cookies

In general, an application used to access web pages allows you to save cookies on the terminal by default. These settings can be changed so that the automatic management of Cookies is blocked by the web browser, or the user is informed every time Cookies are sent to his terminal. Detailed information about the possibilities and ways of managing cookies can be found in the settings area of the application (web browser). Limiting the use of cookies may affect certain functionalities of the website.

Security and Confidentiality

Cookies use plain text formats. They are not made up of pieces of code so they cannot be executed or auto-run. Consequently, they cannot be duplicated or replicated on other networks to run or replicate again. Because they cannot perform these functions, they cannot be considered viruses.

In general, browsers have integrated privacy settings that provide different levels of acceptance of cookies, validity period and automatic removal after the user has visited a particular website.

Please note that disabling and refusing to receive cookies may make certain websites impractical or difficult to visit and use. Also, the refusal to accept cookies does not mean that you will no longer receive / see online advertising, but only that the advertising will not be personalized according to your preferences.

All browsers should be able to change cookie settings. These settings are usually found in the "options" or "preferences" menu of your browser. To understand these settings, the following links may be useful, otherwise you can use the "help" option of the browser for more details.