1. These terms and conditions (the “Terms”) apply to the application called CANVY (the “Application”) as provided by INTUITIVE SOFTWARE (“Intuitive”) and when visiting the website of INTUITIVE (www.gocanvy.com) (the “Website”).
2. By using or registering for an account with the Application, you, as the user (the “User”), accept that your rights and obligations regarding the Application are governed by these Terms and agree to abide by them.
3. By providing INTUITIVE with any of the data specified in Section 3.1 while visiting the Website or using the Application, the User consents to the collecting, processing and transfer of information as set out in these Terms.
4. We are committed to ensuring that your privacy is protected. You can be assured that any information we ask you to provide and by which you can be identified, will only be used in accordance with these Terms.
5. Please review these Terms carefully before registration, installation and/or acceptance.
2. Use of the Application and the Website
1. Users who are less than 14 years old must have parental approval to register for an account with the Application or to otherwise use the Application.
2. The Application may be used only in accordance with these Terms. The User shall also follow INTUITIVE’s from time to time given instructions regarding the use of the Application. Such instructions are submitted via the Application, the Email and/or on the Website.
3. The User is responsible and shall indemnify INTUITIVE, for ensuring that any and all data and information that the User, or other person acting on behalf of the User, publish, distribute, send, or otherwise transmit to or in connection with the Application or on the Website, do not infringe the rights of third parties or is otherwise contrary to applicable law or good practice.
4. The User must not under any circumstances use the Application or the Website to publish, distribute, send or otherwise transmit any data or other information that: (a) constitutes agitation against a national or ethnic group, defamation, child pornography, illicit purveyance of a technical recording, incitement to crime or in any other respect are unlawful, harmful, abusive, harassing, inappropriate, vulgar, obscene, offensive, dishonest or improper; (b)he or she does not have a right to transmit under any law or under any contractual or fiduciary relationships (such as trade secrets, proprietary or confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (c) infringes, contributes to the infringement of, or induces others to infringe, any patent, trademark, trade secret, copyright, neighboring rights or other intellectual property right; (d)constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation; or (e) contains “viruses”, “trojan horses”, “worms” or other malicious software or code or in any other way may damage or adversely affect the Application or INTUITIVE’s or someone else’s system.
5. The User must not under any circumstances use the Application or the Website to (a) defame, abuse, harass, discriminate, stalk or threaten anyone, or otherwise violate anyone’s rights; (b) impersonate a person or entity, or falsely state or otherwise misrepresent his or hers affiliation with a person or entity; (c) interfere with, disrupt, harm, destroy or limit the Application or its contents or any other User’s hardware or data; or (d) collect or record sensitive personal information of a third party/person.
6. If INTUITIVE becomes aware of any data or other information that are in conflict with these Terms, or are in violation of any applicable law or good practice, INTUITIVE will remove such data or information. This does not, however, limit the User’s responsibilities set forth in these Terms.
7. The User is responsible for the accuracy of all information provided by the User when registering an account with the Application or in connection with the use of the Application or the Website and for all data recorded in the Application or on the Website. The User is responsible for all consequences of any false information provided or data recorded.
3. Processing of Personal Data
1. By accepting these Terms, the User gives his or hers explicit consent that INTUITIVE (as a data controller) may collect and process the personal data that the User provides to INTUITIVE, in the moment the User creates his/her Canvy account: such as picture, name, address, telephone number, email address, email address used for the Google account while using the Application, age, gender, or afterwards, while using the Application, including details regarding the User’s equipment and use (e.g. operating system, web browser type, IP address, traffic data, location data, weblogs, user behavior, usage statistics) that the User, or other person acting on behalf of the User, publish, distribute, send, or otherwise transmit to or in connection with the Application or the Website (the “User Data”).
2. The User Data may be processed only for identification of and communication with the User, administration and enhancement of the Application and the Website, direct marketing, customer surveys and statistical purposes, so only for INTUITIVE’s internal purposes. Such processing may also comprise coordination with other information, both within and outside the EU/EEA, and transfer of the User’s personal data to INTUITIVE’s partners or affiliate companies.
3. The data INTUITIVE collects from the User may be transferred to, and stored at, a destination outside the EU or the EEA. INTUITIVE uses Mixpanel in collecting, processing and storing the User Data and Google cloud for storing the User Data that has been explicitly received from the Users. The User Data may also be processed by staff operating outside the EU/EEA who works for INTUITIVE or for a company that INTUITIVE has a relationship with. Before transferring data INTUITIVE makes sure adequate precautions to protect that data is taken. By submitting personal data to INTUITIVE, the User specifically agrees to such third country transfer and to using Mixpanel by INTUITIVE.
4. INTUITIVE does not publish or disclose the User’s non-public contacts without authorization. INTUITIVE does not pass on the User Data to any third party without the User’s permission, except as set out in these Terms or in circumstances where governmental bodies that have jurisdiction (e.g. courts and law enforcement agencies) are entitled to access or requests access to the User Data.
5. The right to collect, process and transfer the User Data is terminated when the User deletes the User Data or terminates the registered account with the Application, unless the User Data is copied, disseminated, or transferred to any other user who has kept such data in the Application or on the Website.
6. Under art. 13 of Law no. 677/2001 concerning the persons’ protection regarding the processing of personal data, the User has the right, once per calendar year, to request information concerning the personal data processed regarding the User, by sending a signed written request to INTUITIVE at the address given below. If the User’s personal data is processed in breach of the Law no. 677/2001, the User may, according to art. 14 of Law no. 677/2001, request that the personal data is corrected, updated, blocked or deleted.
7. The User has the right, for justified and legitimate reasons, to object to the processing of personal data, according to art. 15 of Law no. 677/2001. In this regard, the User shall send to INTUITIVE a written request to the address mentioned bellow.
8. The User’s personal data will not be processed for purposes related to direct marketing if the User opposes such processing. The User is, at any time, entitled to withdraw any given consent for the processing of personal data. Such withdrawal may be limited to include only the part of the processing that is connected to direct marketing.
9. By creating a Canvy account, downloading and installing the Application an/or any updates of the Application, the User is aware of and explicitly agrees to User Data processing as provided by these Terms. If these Terms are not accepted, then the User may not install the Application.
4. Third-Party Services
2. There are two types of cookies: 1) a permanent cookie which stays on the computer during a certain fixed time and 2) a session cookie which is stored temporarily in the computer’s memory during the visit of the Website. A session cookie automatically disappears when the User closes the web browser.
3. Permanent cookies are used to store the 7.1 User’s personal settings and information about the User’s account and the choices the User makes using the Website. Session cookies are used to store data in personal accounts, so that information entered will be saved until the next time the User logs in.
4. By using the Website, the User consents to INTUITIVE’s processing of cookies as explained above. If the User does not want his or her personal settings to be saved by cookies, the User can automatically block them, by using the safety settings menu in the web browser. The User can also choose a setting option where he or she receives a question each time a website requests to store a cookie. Through the web browser, the User can erase cookies that have previously been stored on his or her computer. For more information, go to the web browser’s help or “how to” information site.
5. However, if the User chooses to block cookies, this may impair some of the functions on the Website and of the Application and INTUITIVE cannot ensure that the User will have access to all services offered on the Website or in the Application. Unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
1. We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
7. Contact Intuitive
Company’s name, registration and VAT number: INTUITIVE Software SRL, J35/669/2012, CIF RO 29934151
Place of registered office: Timisoara, 2nd Miron Costin St., Timis District
We welcome all feedback on these Terms, the Application or the Website or any other aspect of INTUITIVE. Please send any comments to. If the User provides INTUITIVE with contact details so that INTUITIVE can respond to the User’s query, then the contact details will only be used for that purpose.
8. Applicable Law and Disputes
1. These Terms shall be governed by and construed in accordance with the laws of Romania.
2. Any dispute, controversy or claim arising out of, or in connection with these Terms, or the breach, termination or invalidity thereof, shall be exclusively settled by the competent courts of Timisoara / Romania.