Privacy Policy

June 2020

1. About this Policy

This Privacy Policy ("Policy") sets out essential details, including your choices, regarding the collection, use, and disclosure of certain information, including your personal information by Vizzio Art, which is brought to you by BeArty Limited ("Vizzio Art," "we," "us," "our"). The Policy applies to all Vizzio Art services and any associated services (referred to as the ‘Vizzio Art Service’). The terms governing your use of the Vizzio Art Service are defined in our Terms and Conditions of Use(the "Terms and Conditions of Use"). If you have any questions about thisPolicy please contact us at legal@bearty.com.

2. What personal data do we collect from you?

We have set out below the categories of personal data we collect and use about you:

Account Registration Data:

  • Your first name, surname, email address, birth date, gender, postal code, and country.

  • You also have the option to provide us with some additional personal data in order to make your account more personalized.

Vizzio Art Service Usage Data:

  • Information about your type of Vizzio Art Service plan.

  • Information about your interactions with the Vizzio Art Service which includes the date and time of any requests you make, artworks you have viewed and displayed, playlists you create, and your interactions with other Vizzio Art users.

  • User Content (as defined in the Terms and Conditions of Use) you post to Vizzio Art and your interactions with the Vizzio Art Customer Service team.

  • Technical Data which may include URL information, cookie data, your IP address, the types of devices you are using to access or connect to the Vizzio Art Service, unique device IDs, device attributes, network connection type (e.g. WiFi, 3G, LTE, Bluetooth) and provider, network and device performance, browser type, language, information enabling digital rights management, operating system, and Vizzio Art application version.

Voluntary Mobile Data:

  • Your photos - If you give us permission to access your photos or camera, we will only access images that you specifically choose to share with us and metadata related to those images, such as the type of file and the size of the image. We will never scan or import your photo library or camera roll;

  • Your precise mobile device location - If you give us permission to access your precise location, this enables us to access your GPS or Bluetooth to provide location-aware functionality in the Vizzio Art Service. Please note that this does not include your IP address. We use your IP address to determine non-precise location, for example, what country you are in to comply with our licensing agreements;

  • Your voice data - If you give us permission, this enables us to access the voice commands captured via your device microphone to enable you to interact with the Vizzio Art Service with your voice. Please note you will always have the ability to turn off the microphone feature; and

  • Your contacts - If you give us permission to access your contacts, this enables us to access individual contacts stored on your device to help you find friends who use Vizzio Art

Payment Data:

  • Name;

  • Date of birth;

  • Credit or debit card type, expiration date, and certain digits of your card number;

  • Postal code, Locality, Country;

  • Mobile phone number; and

  • Details of your transaction history

3. What do we use your personal data for?

When you use or interact with the Vizzio Art Service, we use the personal data we collect about you for various reasons such as:

  • To provide, personalize, and improve your experience with the Vizzio Art Service and other services and products provided by Us, for example by providing customized, personalized, or localized content, recommendations, features, and advertising on or outside of the Vizzio Art Service (including for third party products and services);

  • To understand how you access and use the Vizzio Art Service to ensure technical functionality of the Vizzio Art Service, develop new products and services, and analyze your use of the Vizzio Art Service, including your interaction with applications, advertising, products, and services that are made available, linked to, or offered through the Vizzio Art Service;

  • To communicate with you for Vizzio Art Service-related purposes;

  • To process your payment to prevent or detect fraud including fraudulent payments and fraudulent use of the Vizzio Art Service;

  • To communicate with you, either directly or through one of our partners, for the purposes of: marketing; research; participation in contests; or other promotional purposes, via emails, notifications, or other messages, consistent with any permissions you may have communicated to us (e.g. via your account settings); or

  • To provide you with features, information, advertising, or other content which is based on your specific location.

4. How do we collect your personal data?

We collect your personal data in the following ways:

  1. When you sign up for the Vizzio Art Service- when you sign up to the Vizzio Art Service, we collect certain personal data so you can use the Vizzio Art Service such as your email address, birth date, gender, and country.

  2. Through your use of the Vizzio Art Service- when you use the Vizzio Art Service, we collect personal data about your use of the Vizzio Art Service, such as what artworks you have viewed and what playlists you have created.

  3. Personal data collected that enables us to provide you with additional features/functionality- from time to time, you also may provide us with additional personal data or give us your permission to collect additional personal data e.g. to provide you with more features or functionality. As described further below (see Voluntary Artwork Data), we will not collect photos, precise mobile device location, voice data, or contacts from your device without your prior consent. You always will have the option to change your mind and withdraw your consent at any time.

  4. From third parties- we will receive personal data about you and your activity from third parties, including advertisers and partners we work with in order to provide you with the Vizzio Art Service (please see 'Sharing your personal data' Section 6 below). We will use this personal data either where you have provided your consent to Vizzio Art to that data sharing taking place or where Vizzio Art has a legitimate interest to use the personal data in order to provide you with the Vizzio Art Service.

We use anonymized and aggregated information for purposes that include testing our IT systems, research, data analysis, creating marketing and promotion models, improving the Vizzio Art Service, and developing new features and functionality within the Vizzio Art Service.

5. Your rights and your preferences

You have a number of rights in relation to the personal information we hold about you:

  • Right of Access - the right to be informed of and request access to the personal data we process about you;

  • Right to Rectification - the right to request that we amend or update your personal data where it is inaccurate or incomplete;

  • Right to Erasure - the right to request that we delete your personal data;

  • Right to Restrict - the right to request that we temporarily or permanently stop processing all or some of your personal data;

  • Right to Object - the right, at any time, to object to us processing your personal data on grounds relating to your particular situation and the right to object to your personal data being processed for direct marketing purposes;

  • Right to Data Portability - the right to request a copy of your personal data in electronic format and the right to transmit that personal data for use in another party’s service; and

  • Right not to be subject to Automated Decision-making - the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect.

In order to exercise these rights with ease or to record your preferences in relation to how We use your personal data, please access your AccountSettings on our website, or contact us at legal@bearty.com.

6. Sharing your personal data

We may disclose your information for certain purposes to third parties, as described below:

• Service Providers: We may use other companies, agents or contractors ("Service Providers") to perform services on our behalf or to assist us with the provision of services to you. For example, we may engage Service Providers to provide marketing, advertising, communications, infrastructure and IT services, to personalize and optimize our service, to process credit card transactions or other payment methods, to provide customer service, to collect debts, to analyze and enhance data (including data about users' interactions with our service), and to process and administer consumer surveys. In the course of providing such services, these Service Providers may have access to your personal or other information. We do not authorize them to use or disclose your personal information except in connection with providing their services. You may also permit us to share personal data (like your email address) with artists, brands or image banks, or other partners who may want to directly send you news or promotional offers, but you can also revoke that consent at any time.

• Promotional offers: We may offer joint promotions or programs that, in order for your participation, will require us to share your information with third parties. In fulfilling these types of promotions, we may share your name and other information in connection with fulfilling the incentive. Please note that these third parties are responsible for their own privacy practices.

• Protection of Vizzio Art and others: Vizzio Art and its Service Providers may disclose and otherwise use your personal and other information where we or they reasonably believe such disclosure is needed to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce applicable terms of use, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address illegal or suspected illegal activities (including payment fraud), security or technical issues, or (d) protect against harm to the rights, property or safety of Vizzio Art, its users or the public, as required or permitted by law.

• Business transfers: In connection with any reorganization, restructuring, merger or sale, or other transfer of assets, we will transfer information, including personal information, provided that the receiving party agrees to respect your personal information in a manner that is consistent with our Privacy Policy.

• Legal requirements: We will share your personal data when we in good faith believe it is necessary for us to do so in order to comply with a legal obligation under applicable law, or respond to valid legal process, such as a search warrant, a court order, or a subpoena.

The following personal data will always be publicly available on the Vizzio Art Service: your name and/or username, profile picture, who you follow and who follows you on the Vizzio Art Service, your recently played viewed artists, and your public playlists.

Whenever in the course of sharing information we transfer personal information to countries outside of the European Economic Area and other regions with comprehensive data protection laws, we will ensure that the information is transferred in accordance with this Privacy Policy and as permitted by the applicable laws on data protection.

7. Data retention and deletion

We keep your personal data only as long as necessary to provide you with the Vizzio Art Service and for legitimate and essential business purposes, such as maintaining the performance of the Vizzio Art Service, making data-driven business decisions about new features and offerings, complying with our legal obligations, and resolving disputes. We keep some of your personal data for as long as you are a user of the Vizzio Art Service. For example, we keep your playlists, artwork library, and account information.

If you request, we will delete or anonymise your personal data so that it no longer identifies you, unless, we are legally allowed or required to maintain certain personal data, including situations such as the following:

  • If there is an unresolved issue relating to your account, such as an outstanding credit on your account or an unresolved claim or dispute we will retain the necessary personal data until the issue is resolved;

  • Where we are required to retain the personal data for our legal, tax, audit, and accounting obligations, we will retain the necessary personal data for the period required by applicable law; and/or,

  • Where necessary for our legitimate business interests such as fraud prevention or to maintain the security of our users.

8. Transfer to other countries

Personal data collected within the European Union and Switzerland may, for example, be transferred to and processed by third parties located in a country outside of the European Union and Switzerland. In such instances Vizzio Art shall ensure that the transfer of your personal data is carried out in accordance with applicable privacy laws and, in particular, that appropriate contractual, technical, and organisational measures are in place such as the Standard Contractual Clauses approved by the EU Commission.

9. Keeping your personal data safe

We are committed to protecting our users’ personal data. We implement appropriate technical and organisational measures to help protect the security of your personal data; however, please note that no system is ever completely secure. We have implemented various policies including encryption, access, and retention policies to guard against unauthorised access and unnecessary retention of personal data in our systems. Your password protects your user account, so we encourage you to use a unique and strong password, limit access to your computer and browser, and log out after having used the Vizzio Art Service.

10. Cookies

We may use cookies (a cookie is a piece of information that web servers send to your browser file when you access a website, then when you come back to a website again, that website will detect whether you have cookies on your browser file) and other similar devices to make it easy for you to access our services by remembering you when you return, and to provide and analyze our services. We also use cookies, as well as similar devices, to authenticate and identify our users when they use our websites and applications so we can provide our service to them. They also help us to enforce our Terms and Conditions of Use, prevent fraud and maintain the security of our service. They also enable us to learn more about our users and their likely interests, and to deliver and tailor marketing or advertising. You can configure your browser to notify you when cookies are being placed on your computer or to reject cookies altogether.

11. Changes to this Privacy Policy

We may occasionally make changes to this Policy. When we make material changes to this Policy, we will provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Vizzio Art Service or by sending you an email. Please therefore make sure you read any such notice carefully.