PRIVACY POLICIES

The Privacy Policies herein govern the treatment of users on www.camonapp.com website (hereinafter called the “Site”) and “CamOnApp” mobile application (hereinafter called the “Application”) – together constituting the “Platform” – owned by INTERACTIVE MOBILE MEDIA S.A. (hereinafter called “CAMONAPP”), and are part of the Terms and Conditions of the Site, and for this reason the definitions therein are applicable. The purpose of the Privacy Policies herein is to describe the type of Users’ personal data (hereinafter called “Personal Data”) collected by CAMONAPP, the purposes for which subject data is used, under what circumstances CAMONAPP may reveal such Personal Data, and the rights Users have as regards its protection.

The access to the Platform as well as the use of the Service it provides is subject to the agreement to the Privacy Policies herein as well as to the Terms and Conditions. SHOULD YOU DISAGREE WITH THE PRIVACY POLICIES HEREIN, YOU WILL NOT BE ALLOWED TO ACCESS TO THE PLATFORM NOR MAKE USE OF THE SERVICE.  YOUR ACCESS TO THE PLATFORM AND/OR USE OF THE SERVICE IMPLIES THAT YOU AGREE TO THE PRIVACY POLICIES HEREIN AND TO THE TERMS AND CONDITIONS.

2.1. Collected Personal data. The Collected Personal Data may include: 2.1.1. General Data. CAMONAPP can collect general data related to the Users (“General Data”).  Such data may include information recorded by CAMONAPP’s server logs on the User’s browser, such as its Internet Protocol (IP) address, and the specific website requested.  Such General Information, including navigational data and Cookies, in the manner hereinafter set forth, can be collected every time the User accesses to the Platform and/or uses the Service. 2.1.2. Navigational Data. By accessing to the Platform and/or the Service, CAMONAPP can also collect Users’ use and navigational data (server address, domain name, and others).  Such navigational data can be combined with other data given to CAMONAPP, and can be used to analyze and customize the Service.  CAMONAPP can use such data to make traffic or commercial analysis and to determine which aspects of the Platform and/or Service the Users believe are more or less useful. 2.1.3. Personal Data. Occasionally, the Application can obtain data referred to the User’s geo-positioning, sex and age, when such data is considered relevant to the rendering of the Services. 2.1.4. Cookies. CAMONAPP can use Cookies to track the Users’ activity on the Platform. Cookies are data files which remain stored in the device after accessing to certain websites.  The data provided by the cookies help CAMONAPP to interpret the Users’ preferences and improves their experience on the Platform. 2.2. Voluntary delivery. The Service does not require the User to provide Personal Data to CAMONAPP, unless subject data were deemed necessary for the Platform operation. 2.3. Data quality 2.3.1. Should the User decide to enter personal data in the Site and/or Application, he undertakes to provide accurate, current and full data.  CAMONAPP undertakes to maintain and store subject data respecting its quality. 2.3.2. CAMONAPP database, which contains the Users’ Personal Data, has been duly recorded in the Dirección Nacional de Protección de Datos Personales [National Registry of Personal Data Protection] of the Argentine Republic.

3.1. CAMONAPP protects its Personal Data according to the security and confidentiality standards and procedures enforced by the Dirección Nacional de Protección de Datos Personales [National Registry of Personal Data Protection] provisions, and connected norms. 3.2. Only CAMONAPP’s employees duly authorized will have access to the Users’ personal data, which will be limited to the data Users may need to perform their responsibilities.  However, third parties might unlawfully intercept or access to private transmissions or communications and infringe, or unlawfully use Personal Data they may have gathered.  In consequence, and although CAMONAPP works responsibly to protect the Users’ privacy, it cannot warranty a full protection of the Personal Data. 3.3. The Dirección Nacional de Protección de Datos Personales [National Registry of Personal Data Protection] is the organism in charge of addressing potential charges and claims filed as a consequence of any infringement to the personal data protection norms.

4.1. CAMONAPP does not commercialize nor redistribute the User’s Personal Data and does not use it for other purposes than those concerning the Platform internal operation. 4.2. The Personal Data collection and treatment is aimed at: 4.2.1. CAMONAPP’s rendering, administering, managing, improving and updating of the Platform and/or Service. 4.2.2. Resolving disputes, answering concerns, making enquiries, or other User’s requirements. 4.2.3. Rendering technical support to Users. 4.2.4. Customizing, controlling and measuring the Platform and/or Service performance.

5.1. The owners of the Personal Data may exercise their rights to access, terminate, and update their Personal Data, as well as to object to the treatment of subject data, and to be informed of the assignments produced, at no expense for them, unless there is evidence of a lawful interest to that purpose, as stated in Section 14, Subsection 3 of the Ley de Protección de Datos Personales [Personal Data Protection Act] of Argentina.  The Dirección Nacional de Protección de Datos Personales [National Registry of Personal Data Protection], has the power to address potential filed charges and claims regarding any infringement to the personal data protection norms. 5.2. Should the Users decide to exercise their rights to access, rectify and terminate the data, granted in Section 14 of Ley Nº 25.326 [25.326 Act], they are able to do so by means of a certified letter, or a written notice delivered in person, showing proof of identity, and bearing in mind that they can access to them by means of this agreement, at no cost and with intervals of not less than six month, unless they show evidence of a lawful interest to that purpose in agreement with the provisions in Subsection 3 of the mentioned Section.

The Users declare and warranty that they are above eighteen years of age (18).  If they were under 18 years of age, they will not receive CAMONAPP’s authorization to use and to access to the Platform and/or Services, unless they possess their parents’ or legal guardians’ written consent.  Should you notice that your child under the age of eighteen (18) is revealing personal data without your consent, please contact us at the e-mail address informed at the foot of this document.

7.1. The Site and database containing the Users’ Personal Information is hosted in the United States.

7.2. By using the Site and/or Services, the Users agree to a possible transfer, storage, and treatment of their Personal Data outside their home country, in agreement with the Privacy Policy herein, to the extent allowed by the applicable law.

With the purpose of improving its use of the Platform and Service, CAMONAPP may insert links to third parties’ websites.  Neither the Privacy Policies herein, nor the Terms and Conditions will apply to these sites.  These links divert the Users from the Site and are beyond CAMONAPP’s control, and may have their own privacy policies. CAMONAPP is not liable for the contents and activity of such third parties’ sites.  The Users’ access to these websites will be under their own risk and responsibility.

CAMONAPP might decide to transfer its business.  In such a case, the Users’ Personal Data might be one of the company assets transferred or acquired by the buyer.  The Users acknowledge and accept that subject transfer may occur, and that any CAMONAPP’s buyer may continue using its Personal Data in agreement with the Privacy Policies herein.

CAMONAPP  is reserved the right, at its own exclusive choice, to change or alter the Privacy Policies herein, or eliminate part of them at any time, and thus, the Users must periodically revise the policies herein.  Such changes will be of immediate effect once they have been published on the Platform.  If, after the publication or notification of these changes the User continued using the Service, subject use will imply his agreement to them.

11.1. For all the purposes of the Privacy Policies herein, and/or regarding all the information about the User recorded on CAMONAPP’s files, records, databases, or any other technical means of data treatment implemented, or to be implemented by CAMONAPP, the Ley Argentina Nº 25.326 [Argentine Act 25.326] and its regulated Decree-Law Number 1558 passed in 2001 will apply. 11.2. Any disagreement arising from the Terms and Conditions herein, its existence, validity, interpretation, scope or compliance, will be subject to the Jurisdiction of the Tribunales en lo Civil y Comercial Federal [Federal Courts of Civil and Commercial Matters] of the Argentine Republic having seat in the Ciudad Autónoma de Buenos Aires [Autonomous City of Buenos Aires].

12.1. CAMONAPP may send notices to the Users, including those related to the changes performed to the Privacy Policies herein, either by email, or by means of publications on the Platform.

12.2. For any doubts or comments that may arise in relation to the Privacy Policies herein, Users may contact CAMONAPP at the following email address: info@camonapp.com.


TERMS AND CONDITIONS

The present agreement describes the general terms and conditions (“Terms and Conditions”) governing the navigation and use of www.camonapp.com website (hereinafter called the “Site”) and the “CamOnApp” mobile application (hereinafter called the “Application.”) owned and operated by INTERACTIVE MOBILE MEDIA S.A., located at Vuelta de Obligado 2598, 3° C, Ciudad Autónoma de Buenos Aires, (hereinafter called “CAMONAPP” ‒ the Site and the Application together constitute the “Platform”‒ and the Service provided through it by any person (“User” or “Users”). By using or accessing to the Platform and/or the Service, the User formally agrees and declares to know and agree to the Terms and Conditions herein.  ANY PERSON WHO DOES NOT ACCEPT THE BINDING AND MANDATORY TERMS AND CONDITIONS HEREIN, SHOULD REFRAIN FROM USING THE PLATFORM AND/OR THE SERVICE.

1.1. CAMONAPP services (hereinafter, and together, called the “Services”) include:  a) A service which enables the Users to access to interactive contents created through augmented reality technology, owned by CAMONAPP or third parties, which includes unlimited access to augmented reality layers which may include contents, texts, images, graphics, 2D and/or 3D models, videos and links and reference images, known as General Service (hereinafter called “General Service”); and b) A service which enables the Users to add or generate their own contents‒”User’s Contents” (hereinafter, “Editing Service”)

2.1. General Terms applying to the General and Editing Service

2.1.1. The User hereby declares and warrants that he is above eighteen (18) years of age, or if under eighteen has his parent (s)’s or legal guardian(s)’s permission to use the Service.

2.1.2. The Users hereby understand and agree that CAMONAPP is not responsible for the User’s Content that other Users might upload, publish, exchange or make available through the Platform, which might be exposed to contents potentially offensive, objectionable, infringing the privacy, intellectual property or any other third parties’ right. CAMONAPP cannot review the User’s Content before it is published or becomes available on the Platform.  Notwithstanding the foregoing, CAMONAPP is reserved the right to eliminate any User’s Content that according to it is deemed unlawful, inappropriate or breaching any of the Terms and Conditions provided herein.  Should the Users detect the existence of contents of any kind inside the Platform, which, according to them, could be unlawful or breaching, they must contact CAMONAPP at the following address: report@camonapp.com   

2.1.3. The User hereby acknowledges and agrees that he is solely responsible for all the costs which the use of the Services may imply, including, but not limited to, communication, mobile internet data, roaming and taxes.

2.1.4. The User hereby under no circumstances whatsoever will be authorized to:

  1. a) Take any action aimed at storing an unreasonable or disproportionate load on CAMONAPP’s or its third party suppliers’ infrastructure;
  2. b) Interfere or try to interfere in the Platform and Service correct operation;
  3. c) Execute any form of auto response on the Platform (Spam);
  4. d) Decipher, disassemble, do reverse engineering or try to derive the source code, ideas, algorisms of any of the Site, and/or the Application, and/or the Service parts, or any application which constitutes them;
  5. e)Assign any right granted in the Terms and Conditions herein.
  6. d) Perform any act with the intention to breach the Terms and Conditions agreed herein.

2.1.5. In order to access to the General Service, Users will have to download and install the Application on a Smartphone or Tablet running under iOS or Android operating system (hereinafter called “User’s Device”).  Once the Application has been installed in the User’s Device, the User will be able to scan (by means of the User’s Device camera) certain contents existing on the Platform as well as other media to be determined by CAMONAPP (in print media, works of art, posters, products, flyers, among others) and visualize interactive experiences with augmented reality technology.

2.2. Editing Service. To access to the Editing Service, Users shall have to contact CAMONAPP at the following address: support@camonapp.com, and hire the service, being subject to the particular hiring terms stipulated for the particular case.  In such case, the Terms and Conditions herein and the particular terms agreed between CAMONAPP and the Editing Service User will constitute the whole agreement entered between the parties.

3.1. The Platform and “CAMONAPP” brand constitute CAMONAPP’s exclusive property.  3.2. CAMONAPP’s Content. All the texts, graphics, user’s interfaces, visual interfaces, photographs, commercial image, brands, logotypes, audio, music, illustrations, augmented reality experiences and other contents on the Platform, with the exception of the contents uploaded by the Users, are owned, or are controlled and licensed by, or for, CAMONAPP, and are protected by copyright, patent and brand laws or other intellectual property rights (hereinafter called “CAMONAPP Content). 3.3. The Users are assigned by CAMONAPP a non-exclusive, revocable, non-transferable and non- sub-licensable license on CAMONAPP Content, to access to the Platform and/or make use of the Service in agreement with the Terms and Conditions herein.  The Users shall not make other uses of CAMONAPP Contents than those formally provided in the Terms and Conditions herein.  Any license related to CAMONAPP’s Content which has not been formally granted under the Terms and Conditions herein, shall be deemed as not granted  and subject content shall not be used in any way whatsoever without CAMONAPP’s previous written consent.  The User, under no circumstances, shall alter, copy, or create derivative works based on the Services, or sell, redistribute, commercialize, rent, or sublicense them. 3.4. User’s Content. The User’s Content is owned by the User who has created it.  Notwithstanding the foregoing, the User grants CAMONAPP a life, irrevocable, worldwide, royalties-free and transferable license (with right to sub-license) for using, distributing, carrying out derivative works, exhibiting and marketing, including, without limitation whatsoever, advertising and redistribution of the whole, or part of the Platform and/or Services, in any format and through any communication channel.  The mentioned license includes CAMONAP’s right to have the content available and to sub-license subject content to editors, suppliers, dealers, other companies, organizations and persons with whom CAMONAPP collaborates in the presentation of the Services. 3.5. Third Parties’ rights. The Users declare and warranty that the User’s Content does not infringe nor will infringe any third parties’ right, including, without limitation, intellectual property rights.  The Users formally disclaim CAMONAPP of all liability for any third parties’ claim which may arise due to the use of the Platform and/or Services.  The User hereby agrees not to make use, copy or distribute any content which has not been provided and authorized in writing in the Terms and Conditions herein, including, without limitation, any use, copy or distribution of any third parties’ material obtained through the Platform and/or the Services for any commercial purpose.

4.1. Occasionally, the Platform and/or the Service might allow the linking to other websites, services or internet resources, while other websites, services or internet resources may contain links to the Platform and/or the Service. 4.2. The access to third parties’ resources on internet will be performed under the Users’ responsibility.  The third parties’ resources are not subject to CAMONAPP’s supervision and the Users acknowledge that CAMONAPP is not liable for the content, operations, lawfulness, or any other aspect of the site or resources.

For further details about the use of the user’s data, the User may refer to the Privacy Policies, available at: www.camonapp.com/privacidad.

6.1. The Service is offered without warranty of any kind, including but not limited to securities, commercialization, and any other kind of personal and commercial security.

6.2. The User hereby understands and agrees that neither CAMONAPP nor its representatives, employees, partners and/or licensers can warranty: a) the security of the content accessed by the Users through the Platform and/or the Services; b) that the Platform meet the User’s expectations; c) that the Platform operation be continuous, timely, secure or error-free; and d) that any defect in the functioning or operation of the Platform or its related software will be corrected.

The User hereby understands and agrees that neither CAMONAPP, nor its subsidiaries, and/or representatives, and/or employees, will be liable for direct, indirect, accidental, special, or punitive damages that the User may suffer, for whatever reason, due to the use of the Platform and/or the Service.

8.1. The User hereby shall indemnify, defend and release CAMONAPP, and, in his case, his own customers, associates and suppliers of any damage, liability and cost that might arise as a consequence of a claim filed by third parties against CAMONAPP as regards a use of the Platform and/or the Service contrary to the one provided in the Terms and Conditions herein. 8.2. The User hereby shall indemnify, defend and release CAMONAPP from any damage, liability and cost that might arise as a consequence of a claim filed by third parties against CAMONAPP as regards any infringement to the intellectual property rights.

9.1. The Terms and Conditions herein acknowledge the existence of a whole agreement between the User and CAMONAPP as regards the use of the Platform and/or the Service, and replace all the previous and present communications and proposals, whether verbal, in writing or electronic, between the User and CAMONAPP. 9.2. Should any of the provisions of the Terms and Conditions herein become void, such provision will be limited or eliminated to the minimum extent required so that the rest of the provisions of the Terms and Conditions herein shall remain enforced. 9.3. Should the User, or CAMONAPP not be able to exercise the rights and powers deriving from the Terms and Conditions herein, this shall not constitute a waiver to the continuation of the rest of the rights and powers provided therein.

10.1. CAMONAPP is reserved the right to change, or replace or suspend the Service, and/or change its access conditions, at any time, with a previous notice to be published on the Platform.

10.2. CAMONAPP is reserved the right to change the Terms and Conditions herein, and/or the Privacy Policies.  The User shall have to regularly revise the Terms and Conditions and the Privacy Policies herein to be aware of any possible changes on them.

10.3 The access to the Platform and/or the use of the Service after the execution of the changes, imply a tacit acceptance to such changes.

Neither CAMONAPP nor the User shall be liable for any breaches they might incur only if subject breaches were due to circumstances beyond reasonable control, including, but not limited to: any Act of Nature, strike, lockout of any kind, or a power, telephone, telecommunications, internet supply cut, or any other natural, technological, political or economic cause, beyond their control, which cannot be overcome through reasonable due care without generating excessive expenses.

12.1. The User hereby may terminate the Account at any time.  Termination will be effective as from the period subsequent to the one in which the termination was requested, being the User forced to pay the price corresponding to the current invoicing period in which the request for termination took place.

12.2. CAMONAPP hereby has the right to cancel, suspend or terminate the rendering of the Services, in whole or in part, if (i) the User breaches any of the Terms and Conditions provisions herein; (ii) CAMONAPP is forced to do so by law enforcement or by a legal order filed by a competent authority, or (iii) CAMONAPP decides to permanently suspend the Services.  In such cases, the termination does not entitle the Users to receive any kind of compensation for damages and/or reimbursement.

12.3. Should the termination be produced for any cause whatsoever, the clauses 3, 6, 7, 8 and 14 of the Terms and Conditions herein will remain fully effective.

12.4. CAMONAPP may continue storing and/or publishing the User’s Content even after a termination of any kind has been produced for any reason whatsoever.

CAMONAPP may assign, transfer and confer any of the rights and obligations without the User’s consent.

14.1. The Terms and Conditions herein will be subject to the Laws of the Argentine Republic.

14.2. Any disagreement arising from the Terms and Conditions herein, its existence, validity, interpretation, scope or compliance, will be subject to the Jurisdiction of the Tribunales en lo Civil y Comercial Federal [Federal Courts of Civil and Commercial Matters] of the Argentine Republic having seat in the Ciudad Autónoma de Buenos Aires [Autonomous City of Buenos Aires].

Any doubts or comments about the Service and/or Terms and Conditions herein may be addressed to CAMONAPP at info@camonapp.com