Terms and Conditions

Effective Date: November 25, 2022

Shared Values outline Artlink’s vision of the Artlink Directory. The platform is dedicated to networking, exchange and mutual learning. Directory users are invited to engage in this polyvocal community and to shape it further through their contributions.

The Artlink Directory's shared values are:

• a practice-oriented approach;
• openness towards innovation through experimentation and play;
• a level playing field by practising trust and responsibility through transparency and accountability;
• a commitment to growth and increased visibility through mutual support;
• mutual inspiration through a self-reflective creative practice;
• furthering the community by developing unexpected forms of collaboration;
• learning from each other through skill transfer and sharing;
• developing open-ended formats of learning;
• inspiring by imagining and initiating new forms of opportunities;
• furthering creative practice through shared experiences;
• questioning conventional practices and structures;
• just doing it.

Effective Date: November 25, 2022

The Artlink Directory is a supportive and encouraging community. We ask all visitors and registered users to respect our community guidelines.

Do:

• read the directory's Shared Values to learn about its ethics framework;

• remain self-aware and check your assumptions about others before judging;

• show interest and willingness to accept new ideas, thoughts, opinions, without prejudice or bias;

• respect others whose ideas and beliefs are different from yours;

• communicate in a polite and considerate way;

• check your attitude, stay self-critical, and ask for clarification before jumping to conclusions;

• keep your contributions relevant;

• be part of the solution and not the problem;

• upload only content that you have created yourself or for which you have received written permission to share. (Consult section 6. in our Terms of Use)

Do Not:

• engage in disruptive, offensive or abusive behaviour;

• upload content that is unlawful, harassing, defamatory, threatening, harmful, obscene, profane, offensive on grounds of race, religion, sexual orientation or gender or otherwise objectionable;

• post spam or add off-topic content;

• use the site for commercial gain;

• reveal personal information about yourself or anyone else.
  

Non-compliance with the rules

If you fail to comply with the Terms and Conditions we will send you a warning. After two warnings, your account will be suspended.

Notify us

If you experience any breach of these Community Guidelines, please email us at turntables@artlink.ch.

Effective Date: November 25, 2022

About Us

Artlink is an independent, non-profit organisation registered in Berne, Switzerland (UID: CHE-107.612.736). We promote artists and cultural practitioners from Africa, Latin America, Southeast and Southwest Asia, and Eastern Europe in Switzerland.

Artlink provides a platform named ‘Artlink Directory’ that facilitates the exchange of skills and, sharing of knowledge and showcasing of creative practices and artworks through processes of collective engagement, networking and exchange. The online directory enables individuals and organisations working in arts and culture to promote their creative practice and works, and to connect with an audience through their profiles. Only registered individuals and organisations can create profiles in the Artlink Directory.

1. General Information

Artlink (“we”, “us” or “our”) provides an online and offline platform and programme which includes an online Directory ("Directory"). You can use the Artlink Directory to create an online profile for your arts and culture practice ("Profile"). If you are participating in the community and/or if you create a profile on behalf of a company, organisation or other entity, then “you” means that entity, and you are binding that entity and represent and warrant that you have all necessary authority to do so.

Please read these Terms of Use carefully before using the directory
By accessing and registering for these services you acknowledge not only that you have read, understood and agreed to be bound by these Terms of Use, but also the Privacy Policy the Community Guidelines and Shared Values (all further policies which we post in the Artlink Directory will be referred to as the “Terms and Conditions.” The legal agreement between you and us is governed by these Terms and Conditions.

2. Access to the Artlink Directory

2.1. Eligibility

The Artlink Directory is intended for use by individual artists, makers, creators, collectives, cultural and community spaces, organisations, institutions and companies working within the framework of our Shared Values and governed by the Terms. The minimum age to register for an account is 18 years. By opening a profile, you confirm that you are 18 years old or older. Artlink reserves the right to refuse service to anyone.

2.2. Registration

To access all functions of the platform, you must register by completing the application form and by submitting all details requested on that form to Artlink. You are responsible for providing and maintaining accurate, up to date and complete information about yourself both in the registration form and in your online profile as a user. By submitting the directory application, you accept the Terms and Conditions. Your data is protected by our Privacy Policy. Once we have verified and accepted your application, you will be given full access to the directory. As a registered user can browse the directory and/or create your own profile.

2.3. Account Security

A password will be generated automatically that will enable you to use the directory. You can change your password at any point in time. You acknowledge that you will preserve the confidentiality of your account and password, and that you are solely responsible for all activity that occurs under your access credentials. You agree to immediately notify Artlink of any unauthorised use of your password or account or any other breach of security via email at turntables@artlink.ch. You must ensure that you log out from your account at the end of each session when accessing the platform. Artlink will not be liable for any loss or damage arising from your use of the platform or failure to comply with the terms.

3. Data Protection and Privacy

By using the Artlink Directory, you consent to our data collection practices and the use of personal information. Please refer to our Privacy Policy for more details on how your information will be used.

4. Proprietary Rights

The directory contains proprietary and confidential information that is protected by intellectual property and other laws. Artlink retains all right, title and interest in and to any content in the directory (other than your User Content) and the online service. Artink retains all rights to its branding, logos, trademarks and service marks, designs, copyrights and nothing in these Terms and Conditions grant you rights to use them.

5. Rules for using the Artlink Directory

When using Artlink Directory your behaviour must comply with our Terms and Conditions, which are incorporated into our agreement. Further, by using our online service you declare not to engage in any of the following inadmissible behaviour (read more about content restrictions in section 6.5.):

• Upload, download or otherwise distribute any content that infringes any intellectual property, copyrights or other proprietary rights of any party;
• Expose Artlink or its users to any harm or liability of any type;
• Violate any applicable laws or regulations;
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Create user accounts by automated means or under false or fraudulent pretences;
• Harass or stalk any other person;
• Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the directory;
• Retrieve or index any portion of Artlink Directory or the content posted on the Platform, or to collect information about its users for any unauthorized purpose;
• Distribute spam;
• Harvest or collect email addresses or other contact information of other users from the platform by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
• Provide links to sites that contain prohibited content;
• Interfere with or disrupt the directory or servers or networks connected to the platform in any manner that could negatively affect or inhibit other users from fully using the platform or that could damage, disable, overburden or impair the functioning of the platform in any manner.

6. User Content, Licence and Restrictions

6.1. User Content

Artlink Directory allows you to create a profile, to upload, save, and publish images, documents, videos, audio files, comments, links or otherwise submit information. All forms of content that you submit to Artlink, publish or share with other users through the directory are collectively referred to as "User Content". Artlink claims no ownership or other rights of your User Content. All rights related to your User Content are retained by you. You are solely responsible for the accuracy, copyright compliance, legality, decency, content that you upload, publish and share through Artlink Directory (both in terms of behaviour as in terms of content as regulated in the Terms and Conditions). You confirm that you own or are duly licensed to use all copyright and other intellectual property rights in your User Content, and that your User Content does not infringe the intellectual property rights of any other person. Users must declare to comply with copyright regulations outlined in the Terms and Conditions. At the same time, Artlink is not liable for User Content that is uploaded by users but Artlink will use all reasonable efforts to remove User Content that violates the rights of third parties.

6.2. Limited Licence granted to Artlink ( Permissions you give to Artlink)

By uploading content, you grant Artlink a worldwide, non-exclusive, royalty-free licence to host, use, modify, store, remove, transmit, perform, publish and display such content in a digital and non-digital format for the purposes of Artlink. Except where otherwise noted, all content uploaded by users on this site is licensed under a Creative Commons Attribution-Non Commercial 4.0 International Licence (CC bY-NC 4.0).

6.3. Limited Licence granted to Other Users

Any licence agreement between users of Artlink Directory for uses of content outside of the platform must be regulated individually.

6.4. Duration of Licence

The limited licence granted to Artlink Directory will continue unless you remove your User Content from Artlink. Notwithstanding the foregoing, the licence shall continue indefinitely for documentation, archiving and preservation purposes. Please note that removed User Content may be cached in search engine indexes after removal and that Artlink has no control over such caching.

6.5. Content Restrictions

All User Content uploaded, shared or otherwise published through Artlink Directory must comply with relevant local and international laws and regulations, including the applicable laws of the respective country from which the material is uploaded. User Content that is not related to arts and culture as defined in our eligibility criteria will be marked for deletion. Failure to comply with this warning will result in the deletion of flagged content within a reasonable period.

Uploaded User Content may not:

• contain any material, link to any material or promote any material which is offensive or illegal, including but not limited to defamatory or potentially defamatory material, contains expressions of bigotry, racism, sexism, antisemitism, hatred or profanity; includes instructional information about illegal activities; promotes harm or injury to any group or individual.
• violate copyrights or database rights or any other intellectual property rights;
• serve to carry out unlawful, deceptive, malicious, or discriminating acts;
• violate the right to privacy of other persons or threaten or in any way intentionally provoke, annoy, inconvenience, embarrass, or cause another person to fear;
• provide false personal information or serve to impersonate another, e.g., to create an account for another person without their permission.

6.6. Content Disclaimer

Artlink is under no obligation to pre-screen, edit or monitor your User Content that you or other users upload, share or publish. Users and the public use this site at their own risk, Artlink is not responsible for the content available, or the consequences that may result from its use. Artlink reserves the right at any time and without prior notice, to remove or edit any User Content without giving reasons.

7. Third Party Sites

Artlink Directory may contain or reference links to websites operated by third parties ("Third Party Websites"). These links are provided as a convenience only and Artlink is not responsible for the content of any Third Party Website or any link contained in a Third Party Website.
We have no control over the contents of Third Party Websites and those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. When accessing a third party website via our website we advise you to check the terms of use and privacy policies to ensure their compliance and determine how they may use your information.

8. Copyright Infringement

If you believe that content published through Artlink Directory infringe your copyright or exclusive licenses, please send an email to Artlink at turntables@artlink.ch requesting that the content be removed. Submit us a notice by clearly and completely describing the copyright-protected content, ideally with a link to the content, provide relevant proof of your claim or a third party claim that you represent, and your name, address, phone number, and email address. Artlink will take all actions deemed necessary and appropriate with respect to your claim within reasonable time, including removal of content from the platform.

9. Suspension or Termination of Artlink Directory Account or Profile

You may delete your account as well as your directory profile(s), if you have created one, at any time. If your directory profile is inactive for an extended period of time, we will notify you and ask you to update the content. Artlink reserves the right to remove inactive profiles.
Artlink may temporarily or permanently suspend, disable or delete your account and/or directory profile(s) and remove any User Content submitted or uploaded by you through Artlink Directory if we determine any non-compliance or breach of our Terms and Conditions.
Upon termination of a User account, the limited licence that the user granted will remain valid. However, upon deletion of your directory profile, any uploaded content might be removed and Artlink will not take responsibility for any loss.

10. Limitation of Liability

Artlink Directory is envisioned and implemented with great care. However, we assume no liability for errors or omissions in our content or for technical problems. If we are notified by you or any third party of any irregularities, inaccuracies or (copyright-)infringements on the platform, we will attempt to correct them as soon as possible.
To the extent permitted by applicable Swiss law, we exclude any liability for any loss or damage incurred by you or any third party in connection with Artlink Directory, or any linked site or content including User Content. This exclusion of liability applies in particular to any direct and indirect damage, lost sales and profit, loss of use, interruption of operations and the like.

11. Revisions and Modifications

These Terms of Use are effective and were last updated as of the revision date at the beginning of these Terms of Use. Artlink reserves the right to revise or modify its Terms and conditions at its sole discretion. If we make changes, we will publish the revised terms and update the date of change above. Revisions are effective and binding. Any continued use of Artlink and the platform means you agree to the revision.

12. Applicable Law and Jurisdiction

The agreement and any other legal relationship between Artlink and you, its users, shall be governed exclusively by Swiss substantive law. The exclusive place of jurisdiction for any disputes arising out or in connection with your use and/or your registration with Artlink is Berne (Switzerland). However, Artlink can also file a claim against you at your place of residence or business.

Effective Date: November 25, 2022

This Privacy Policy tells you how Artlink collects, manages and uses your personal data when interacting with our website (www.artlink.ch; the “Website”), our activities, while signing up for membership, making contact with us or collaborating with us.

1. About Us

Artlink (“we”, “us” or “our”) is an independent, non-profit organisation registered in Bern (UID: CHE-107.612.736), Switzerland. Our registered office is at Waisenhausplatz 30, 3001-Bern. You may contact artlink in relation to privacy and data protection matters by emailing to privacy@artlink.ch.

We promote artists and cultural practitioners from Africa, Latin America, Southeast and Southwest Asia, and Eastern Europe in Switzerland. Artlink pursues various activities and provides a Website with an online and offline platform and programme ("Turntables") which includes an online directory ("Directory"). You can use our Turntables Directory to create an online profile for your arts and culture practice ("Profile").

Artlink understands that your privacy is important to you and that you care about how your personal data is used and shared online. Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of the Policy is deemed to occur upon your first use of the Website.

2. Definitions

In this Privacy Policy, the following term shall have the following meanings:

“personal data” means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data. In this case, it means personal data that you give to us via the Website and/or your Profile, e.g. your name, address, date of birth, e-mail address, phone number, IP address, pictures and other visual or audiovisual material etc. This definition shall, where applicable, incorporate the definitions provided in the Swiss Data Protection Act (as revised from time to time) (“DPA”) and/or the General Data Protection Regulation (“GDPR”).

3. What Personal data we collect

We collect personal data when you visit our Website, register for a Profile on Turntables, sign up for membership, subscribe to our newsletter or engage with our activities. We also collect personal data when you voluntarily complete customer surveys, provide feedback. Participate in our events, activities, programmes and competitions or apply for grants.

4. Minor's Personal data

As far as we are able to establish, we collect, process and use the personal data of children solely with the explicit consent of their legal representative. Persons under the age of 18 must obtain permission from their legal representative before submitting personal data to us. Accordingly, the use of our website by persons under the age of 18 without parental consent is prohibited. In addition, persons under the age of 13 may not register for our newsletter — not even with the consent of their legal representatives.

5. How we use your Personal data

We process your personal data primarily to fulfil the services and activities you requested, to fulfil our contractual obligations and legal obligations imposed upon us.

We process your data in particular for the following purposes:

• Responding to your inquiries, programme and event registration;

• verify your eligibility to access our services, programmes, events and content;

• providing you with information about programmes, initiatives, activities, and events by email or another way of communication;

• processing your grant application or job application;

• manage your Profile account and provide customer support;

• asking you for feedback or to take part in any research we are conducting for projects and nominations;

• operational communications, like changes to our websites and services, security updates, or assistance with using our websites and services;

• performing statistical and demographic analyses of users of the Website and their usage patterns so that we can provide you with more efficient tools;
• to make sure everyone is using our Website and services fairly and in accordance with our shared values, general terms and conditions and legal grounds.

We process personal data for the period of time necessary for the relevant purpose(s) or as required by law.

6. Who we share your Personal data with

We share your personal data with collaborative partners, including recipients abroad and also with countries that do not ensure an equivalent level of data protection as Swiss law. We do this in particular in connection with the processing of applications and registrations for joint projects or if it is necessary for the performance of a contract with the data subject(s). The personal data contained in applications and registrations is stored in the artlink database in order to carry out the activities and services requested and to facilitate future communication. By submitting an application or registration, you agrees to this use.

We may have personal data processed by third parties service providers. We may process personal data together with third parties or transfer it to third parties. Such third parties are, in particular, specialized providers whose services we use (e.g. newsletter dispatch services). We also guarantee data protection for such third parties.
artlink may disclose personal data to public authorities or judicial authorities due to a legal obligation. For all other matters, artlink will only use the data if the person concerned has given their express consent.

7. Your Rights

As a data subject, you have the following rights under the DPA and/or GDPR:

• The right to be informed about our collection and use of personal data;

• the right of access to the personal data we hold about you;

• the right to rectification if any personal data we hold about you is inaccurate or incomplete (please contact us using privacy@artlink.ch);

• the right to be forgotten – i.e. the right to ask us to delete any personal data we hold about you;

• the right to restrict (i.e. prevent) the processing of your personal data;

• the right to data portability (obtaining a copy of your personal data to re-use with another service or organisation);

• the right to object to us using your personal data for particular purposes; and

• rights with respect to automated decision making and profiling.

If you have any cause for complaint about our use of your personal data, please contact us and we will do our best to solve the problem for you. If we are unable to help, you also have the right to lodge a complaint with the Swiss Federal Data Protection and Information Officer (“FDPIC”) and/or any competent EU supervisory authority (as the case may be).

8. How long will we store your Personal data?

Artlink does not store your personal data longer than legally permitted, legally required and/or necessary for the purposes for which your data was originally collected. We will block or delete your personal data as soon as it is no longer needed and in any event after the maximum retention period required by law has expired.

You may request the deletion of your personal data at any time by e-emailing us at privacy@artlink.ch. We will comply with your request with immediate effect, unless we are obliged to retain your data for other reasons, such as statutory provisions, or unless we need this data to enforce legal claims.

9. Use of Cookies

We may use so-called «cookies» on our web pages. Cookies - our own cookies (first-party cookies) as well as cookies from third parties whose services we use (third-party cookies) - are data that are stored in your browser. Such stored data need not be limited to traditional cookies in text form.

Cookies can be stored in the browser temporarily as "session cookies" or for a certain period of time as so-called permanent cookies. "Session cookies" are automatically deleted when the browser is closed. Permanent cookies have a specific storage period. In particular, cookies enable us to recognise a browser the next time it visits our website and thus, for example, to measure the reach of our website. However, permanent cookies can also be used for online marketing, for example.

Cookies can be completely or partially deactivated and deleted at any time in the browser settings. Without cookies, our website may no longer be fully available. We actively request - at least if and to the extent necessary - the express consent to the use of cookies.

On our website, we also use third-party services such as, in particular, Youtube, Vimeo, Google Analytics (with anonymisation of the IP address), Craft, Weglot or Buzzsprout which may also use cookies.

10. Security

Artlink takes appropriate and reasonable security measures to protect your personal data against unauthorised access, modifications, disclosure, loss or improper use, and to protect the accuracy and integrity of your personal data.

11. Changes to this Privacy Policy

Artlink reserves the right to change or modify this Privacy Policy at any time. Your continued use of our Website and services following the posting of changes to this Privacy Policy will mean you accept those changes. This Privacy Policy does not establish any contractual or other formal legal relationship with or on behalf of any party.