Terms and Conditions of Use
Welcome to Creator + the app dedicated to Instagram Creators and Influencers who wish to receive collaborations.
We have great news! Creator + will allow you to have a Social Coach who will inform you of the best times to perform an action on Instagram or on the app.
Tutorial to learn techniques and tools to improve your visibility on Instagram and other Social Media.
We hereby inform you that the EU Regulation 679/2016 provides for the protection of persons and other subjects regarding the processing of personal data.
Pursuant to the aforementioned legislation, the processing of your personal data will be based on principles of correctness, lawfulness and transparency and the protection of your privacy and your rights.
Pursuant to current legislation, we provide you with the following information:
Purposes and methods of data processing
Your personal data have been provided by you and will be processed exclusively for purposes strictly connected and instrumental to the fulfillment of the obligations inherent in relations with the undersigned Owner, in particular:
for the inclusion of personal data in the company's IT databases and the supply of goods and services.
for the management of receipts and payments.
to fulfill the obligations established by the civil, fiscal, tax laws, regulations, community legislation.
for sending advertising or direct sales material or for carrying out market research or commercial communication (by fax, telephone, e-mail, sms and whatsapp).
for the publication of your images, texts, nicknames and other personal data that will be provided by you or that may be collected in the latter case by Instagram as data from a source accessible to the public.
For the transfer of data to third parties also for products or services other than those provided by the undersigned Owner.
The processing of personal data will be carried out through paper and computer media by the Data Controller, the manager / managers and the authorized / authorized third parties, with the observance of every precautionary measure that guarantees its security and confidentiality and in compliance with technical and organizational measures. adequate to guarantee a level of security adequate to the risk of the treatment.
Nature of data collection and consequences of any failure to provide it
The provision of your personal data, with the exception of the purposes referred to in art. 1.5, 1.6, 1.7 (whose legal basis is consent), is mandatory in order to fulfill the obligations deriving from the contract and, in general, to comply with the law.
Failure to provide them could make it impossible for us to fulfill contractual obligations.
The data will be kept until the end of the legal obligations and for points 1.5, 1.6, 1.7 until the consent is revoked.
Communication and dissemination of data
Your personal data, for the purpose of executing the contract and for the purposes indicated above, may be disclosed:
. to all natural and legal persons (legal, administrative, tax consultancy firms, auditing companies, couriers and forwarding agents, data processing centers, etc., marketing and web-marketing companies), in cases where communication is necessary for purposes illustrated above;
. to banking institutions for the management of receipts and payments;
. to factoring or credit recovery companies;
. to our internal and external collaborators and employees specifically appointed and authorized in the context of their duties, or to those responsible for data processing.
Rights of the interested party
At any time you can exercise your rights towards the data controller pursuant to art. 15 of the EU Reg. No. 679/2016, which we briefly indicate below:
The interested party has the right to obtain confirmation of the existence or not of personal data concerning him, even if not yet recorded, and their communication in an intelligible form.
The interested party has the right to obtain the indication:
the origin of the personal data;
the purposes and methods of the processing;
of the logic applied in case of treatment carried out with the aid of electronic instruments;
the identity of the owner and any managers;
of the subjects or categories of subjects to whom the personal data may be communicated or who can learn about them as appointed representative in the territory of the State or outside the territory of the State, managers or agents.
The interested party has the right to obtain:
updating, rectification or, when interested, integration of data;
the cancellation, limitation, transformation into anonymous form or blocking of data processed in violation of the law, including those that do not need to be kept for the purposes for which the data were collected or subsequently processed;
the attestation that the operations referred to in point 3) have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except in the case in which this fulfillment proves impossible or involves a use of means manifestly disproportionate to the protected right.
The interested party has the right to object, in whole or in part:
for legitimate reasons to the processing of personal data concerning him, even if pertinent to the purpose of the collection, without prejudice to the possible consequences referred to in paragraph 2 of point 2;
without consequences for the processing, to the processing of personal data concerning him for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication (see reference 1.5);
without consequences for the processing, to the processing of personal data concerning him for the purpose of processing image data, texts, nicknames and other personal data (see reference 1.6).
The above rights are exercised with a request addressed without formalities to the Data Controller, also through an authorized person, to whom suitable feedback is provided without delay.
The request addressed to the Data Controller can also be sent by registered letter, fax or e-mail.
The interested party has the right to lodge a complaint with the Supervisory Authority (Privacy Guarantor for Italy).
The interested party has the right to data portability, i.e. the right to receive in a structured format, commonly used and readable by an automatic device, the personal data concerning him provided to the data controller and has the right to transmit such data to another data controller without impediments by the data controller to whom he provided them if:
a) the processing is based on consent pursuant to Article 6, paragraph 1, letter a), or Article 9, paragraph 2, letter a), or on a contract pursuant to Article 6, paragraph 1, letter b);
b) the processing is carried out by automated means.
5. Termination of treatment
In the event of termination of the processing for any reason, pursuant to art. 17 of the EU Reg. No. 679/20016, your data will be:
a) destroyed, once the conservation obligations imposed by art. 2220 of the Italian Civil Code, by articles 19 and 22 of the Presidential Decree n. 600/1973 or other specific legislation; b) transferred to another owner, provided that they are intended for processing in terms compatible with the purposes for which the data are collected, in the event of the sale of a company or business unit; c) stored for historical and statistical purposes, in accordance with the law, regulations, community legislation and codes of ethics and good conduct signed pursuant to art. 40 EU Reg. No. 679/2016 in this case after anonymisation or pseudonymisation.
6. Holder of the treatment.
The data controller is: INFLUGRAMER S.r.l.s., Via San Cristoforo n. 44, 21047 SARONNO (VA), Tax Code 03657540120, Pec: firstname.lastname@example.org
Terms and conditions
These Conditions govern the use of Creator + by the user, the Brand and our offer of products, functions, services, technologies and software, except in cases where it is expressly stated that separate conditions (other than these ).
If you do not accept these Terms and Conditions, we ask you to remove your profile and proceed with uninstalling the app from your device.
TERMS AND CONDITIONS
The use of Creator + is strictly linked to the acceptance of these General Terms and Conditions of Service (hereinafter "GTC") represent the conditions under which Influgramer S.r.l.s. (from now on we will define the Company as "Influgramer.com" "), provides its services (hereinafter the" Services ") to users who register as Influencers (hereinafter the" User "or the" Influencer ”Or“ Creator ”) through the Creator + app.
The Company may modify these TGCs at any time. Each change will be communicated to both Users and companies or the agency registered in the portal, through the email address that was entered during registration, in order to accept the new TGCs, simply continue to use the portal and its otherwise, to decline the new TGCs, the user, company or agency will have to permanently delete their account.
TGC - 1 Access to the portal
The Creator + app allows the registration of influencers and creators.
The data, which is requested during registration, is saved in a protected database with the best data protection systems.
The acceptance of the TGC takes place when the user accepts the privacy legislation during the registration.
Once the terms and conditions have been accepted, you can proceed with registration. In case of inappropriate use of Influgramer.com or for an incorrect behavior that damages the image of the portal, of a user, brand or agency registered or external to the portal, the profile will be immediately obscured and in case of violation of the laws in force in your country the profile will be reported to the competent authorities.
During the registration and acceptance of these terms and conditions, the Influencer undertakes to keep the Platform access credentials (Username and password) confidential and to report immediately to Influgramer S.r.l.s. any loss of exclusive control over them, taking note of the fact that, in the absence of such notification, he will be held responsible for any action and conduct carried out using such credentials.
TGC 2 - Duration of registration and withdrawal
2.1 The user, once registered in the Creator + app, will begin to receive indefinite collaborations and communications, without prejudice to the possible withdrawal of one of the two parties As described in article 2.2
2.2 the user may, at any time, unsubscribe from the app by deleting all data recorded on our servers, in which case any service purchased cannot be refunded. To cancel your account, you can use an email sent by e-mail to the address staff@Influgramer.com or using the account cancellation tools in your personal area. The cancellation via e-mail will be effective after 7 (seven) days from the communication, while the cancellation through the user control panel will be effective immediately.
TGC 3 Your personal data
3.1 The user undertakes to provide, during the registration phase, truthful and correct information, keeping them updated for the entire duration of the registration, within the profile control panel it is possible to modify the registration data in all their parts. The Company, in case of incorrect or outdated or falsified data, will not be responsible and imputable. The data entered during registration cannot be controlled, nor modified by the app administrators nor by any professionals who collaborate in the development of the app or its advertising.
3.2 The user who registers with Creator + must provide a valid email address belonging to the same author of the Instagram profile.
3.3 With these TGCs, the Company obtains the use of logos, brands, profile images that can be used within the app and in Social Marketing campaigns that will allow sponsorship of the Creator + app
4 Creator + Features
4.1 The Creator + app is a tool for receiving collaborations from Brand, Creator, presenting your profile, following a digital coach and training through video tutorials. The collaboration relationship between Users and user and company will in no way be controlled and / or managed by the Company. The only monitoring model by the company or by the influencers is the compilation of the feedback which can only take place after the collaboration between them.The feedback is divided into two parts: an iconographic with the possibility of evaluating with 5 Stars the maximum of satisfaction and with 1 star the minimum of satisfaction. There is also a text box where you can enter your experience with the influence or the company. The Company is in no case responsible for the information that is included in the graphic and textual evaluation.
This function will not be available in the first months of the app's life.
4.2 the match function is a system for which the user and the company are put in contact based on the followers, the interactions and the category they belong to, entered during the registration phase by both the company and the user. The Brand has the possibility of being able to contact Users through the email address or telephone contact that the user entered during the registration phase, if the email address or telephone number has not been correctly entered by the user, the Company does not assume any kind of responsibility for failure to contact. After the contact, the company no longer has any type of monitoring of the collaboration between the User and the company. The collaboration is in no way regulated by the company; all the agreements, which are made by the two parties, cannot be attributable to the Company. The selection for the preference of the remuneration method is only a parameter linked to the visibility of the profile but has no financial correlation with the portal itself.
For the financial part, everything described in article 5 is provided.
4.3 The Brand Cards correspond to the profiles of the Brands registered on the platform, these profiles show the logo, the website, the instagram profile, the business category and photos of products or services. Thanks to the Brands Cards, the user selects the interest in collaborating with a Brand through the gift package icon. Brand cards can be of two types: claimed cards and cards not claimed by the Brand. The Cards claimed by the Brand are strictly linked to the Brand registration profile, The Brand can control the willingness to collaborate on the part of the influencers within its control panel. The Brand can decide whether to view the profile of the user who has shown their interest in the Brand or not to view the profile and not express any kind of preference or interaction.
The cards not claimed by the Brands have the function of gathering the willingness to collaborate on the part of users and keeping track of them in the internal database. The company has the right to contact the Brands, who have not registered on the portal, in order to register and be able to see all the profiles of the influencers who have expressed their willingness to collaborate with the Brand itself.
Brands related to unclaimed cards will be contacted through dem (direct email marketing) and / or telephone contact, in case of non-registration by the Brand the company is in no way responsible for the lack of correlation between brand and user. The Company may send a report of the profiles that have expressed their willingness to collaborate, if the Brand decides not to receive such Reports, it can communicate it by email to email@example.com, the brand card will be removed from the app. In case of company rethinking and subsequent registration in the portal, the brand card will be regenerated but previous requests for collaboration cannot be restored.
4.4 ShoutOut 4 Shoutout and birthdays
The Company allows all registered users to be able to contact other users for an exchange of visibility on Instagram. This tool allows the user to upload a photo in stories format and to choose who to exchange their stories with, among the users registered on the platform, and then publish it and mention the other user. Messages sent between users cannot be monitored in any way, so the company has no responsibility for both what is written and the uploaded image. In the event of receiving violent, pornographic images or images that may damage the image or disturb the emotions of others, such violations can be reported to firstname.lastname@example.org.
The Company, having ascertained the incorrect behavior, will freeze the profile, and in some cases it may send the profile data to the competent authorities.
The birthdays function allows you to know the birthday date of a User registered on the platform. All users registered on the platform authorize the Company to show the day, month and year of birth to all other users of the platform; if a user does not want to show their date of birth, they can delete their profile losing the right to use the app itself.
5 Credits and subscriptions
The Creator + app allows users to speed up the contact process by implementing additional services to the basic ones. To take advantage of the contact acceleration services, the purchase of packages or the subscription to subscriptions with manual or automatic renewal is required. Any type of automatic renewal subscription can be canceled at any time. Through a written communication to info@Influgramer.com, the subscription will expire in the following month of the request; or by contacting the Google Play Store or Ios App Store.
The packages can be purchased and used only and exclusively within the portal, there is no refund formula for the packages or subscriptions stipulated, if the user profile should be removed before the end of the use of the packages or the exhaustion of the no reimbursement will be possible. In the event of incorrect use of the portal or non-compliance with the terms and conditions described within the latter, the company may at any time freeze or delete the profile by resetting credits and subscriptions without any type of refund.
6 Obligations and responsibilities
The user declares to have read the terms and conditions on the use of the platform. The user can upload their own content within the app but undertakes not to publish content in violation of the law or the rights of third parties. The user guarantees to have all the intellectual property rights on the published contents such as texts, images, photographs and audiovisual material also for having acquired them from third parties in accordance with the regulations in force as well as having acquired, where necessary, the necessary authorizations in compliance with the regulations on the processing of data. personal data. The user also undertakes not to publish offensive defamatory content contrary to the law through the platform that encourage or may encourage third parties to engage in unlawful and criminal conduct liable to criminal and civil liability.
The user undertakes to ensure the confidentiality of information relating to the agreements made with the companies with which he collaborates and undertakes not to disclose information on the companies.
Failure to comply with all the aforementioned conditions will result in the non-recognition of the credits or subscriptions purchased and the loss of the registered profile.
The Company Influgramer.com srls It will never be attributable to the type of collaboration between the User and the company nor to the posts that the user will publish on Instagram and in no case to all the services on the platform and all the communication between users, companies and agencies.
The user undertakes as of now to indemnify and hold harmless the company From any request, including compensation, deriving, directly or indirectly, from any content, by other users of the platform or by the company or by the agency itself or in any case through his credentials.
7. Intellectual Property.
7.1 The user confirms that he is aware of the fact that all the rights relating to the intellectual property of the Creator + app belong exclusively to Influgramer.com srls, for this reason the user declares that he does not have the right to patents copyright database trade secrets trade names Trademarks registered registered or not yet registered or in any case on any other license right relating to the platform.
7.2 By subscribing to the registration, Influgramer.com srls is granted the explicit right to assign in turn an exclusive license for the publication and for any other form of use of all the content sent and published by users through the portal services without any territorial or temporal limitation, without prejudice to the user's right to use the above contents for the purposes set out in the app. This license is intended for an indefinite period with the right of withdrawal As provided for in Article 2 and in the manner indicated in Article 2.
8. Warranties and Liability
8.1 The Company guarantees access to the services offered on the app on an ongoing basis but can in no case be held responsible for malfunctions if one of the more services are temporarily inaccessible. These problems could be related to the incorrect functioning of the server. Power failure problems related to the telephone lines of the national or world networks. The Company cannot be held responsible for direct or indirect damages suffered either by companies or by third parties as a result of using the app.
8.2 The Company assumes no responsibility with reference to the truthfulness of data, news, information and in general of the contents disseminated through the platform, Links disseminated by third parties and the use that such contained data entered. In this regard, the parties mutually agree that the user registered on the app will be solely and exclusively responsible for the use of the data, information and content disseminated through the App.
8.3 The Scoeità cannot also be held responsible for the contents posted by users and companies and for the rules of participation in both the matches and the Brand cards and all the services of the platform. The Company does not have any type of direct communication with the companies that will decide in full power whether to contact Users present on the platform
9 Suspension of services and termination of the contract
9.1 The user acknowledges and accepts that the company, in the event of violation of these agreements, may at its absolute discretion suspend access to the single service and / or profile both temporarily and definitively by notifying the e-mail address. communicated by the user without the obligation to provide any notice.
9.2 The Company, moreover, in the event of serious violations of the following terms and conditions, may freeze or delete the profile by notifying the e-mail address communicated of the influence by the company without the obligation to provide any notice.
9.3 in none of the cases indicated in this article will the scoeità be held liable for any damages deriving from the suspension or interruption of services
10 Obligations on the part of the user who registers on Influramer.com Age and truthfulness of the data entered.
The Services cannot be used by anyone under the age of 18.
To use the Services, you agree that: (1) you must be of the minimum age "(defined below) or higher; (2) you must have only one Creator + account associated with a real Instagram profile, with followers not purchased and real interactions not purchased through bot or similar services. The verification of the truthfulness of the Followers and interactions will be carried out by our internal division for the protection and control which will have the full right to permanently delete the user's profile from influgramer.com without any kind of explanation. This action will be carried out to prevent our registered brands from coming into contact with profiles defined as fake and which could damage the brand image itself. In any case, the Brand cannot be protected by profiles not yet certified by Influgramer.com. Creating an account with false information is a violation of our terms and conditions, including accounts registered on behalf of third parties or persons under the age of 18.
10.1 Password protection and personal data
Influgramers and Brands are account holders. The account for influencers is strictly linked to access to their Instagram profile from which the information that Instagram makes available to our portal through the api libraries will be taken. To know all the information that Instagram makes available through its bees, follow the following link https://www.instagram.com/developer/authentication/. The password that will be entered when accessing the influgramer.com services cannot be seen in any way because it is inserted in a data input mask provided by Instagram itself which holds all the rights and certifies its fitness and safety in its entirety. Influramer.com has no responsibility whatsoever for changing or losing this password. For the registration of the Brands, an email address is required and the generation of a unique password for access, these data are stored in a cryptographed database in which the password cannot be seen either by the administrators or by any type of professional figure. . You and The Brand are responsible for anything that happens through your account unless you close it or report any abuse.
All personal data that the user will enter during registration will be recorded in a database, the site is https certificate and the database has a protection with encryption and encrypted access keys with double identity verification by the administrators and IT specialists who work for influgramer.com.
10.2 Limitation of Liability
This is our release from any legal liability regarding the quality, safety and reliability of our Services. To the extent permitted by law, Influgramer S.r.l.s. and its affiliates (and the parties with which lnflugramer Srls works to provide the services) (a) disclaim any implied warranties and assurances (for example, warranties in relation to merchantability, fitness for a specific purpose, accuracy of data and absence of violations); (b) do not guarantee that the services will work without interruptions or errors and (c) provide the service (including content and information) "as is" and "as available".
10.3 disclaimer of liability
these are the limits of legal liability that we can apply within the limits allowed by the Influgramer S.r.l.s. law. will not be liable to you or any third party for any indirect, incidental, special, consequential or punitive damages or for any loss of data, opportunity, reputation, profits or revenues related to the services (for example, offensive or defamatory statements, downtime or loss, use or change of related information or content).
This limitation of liability is part of the basis of the agreement between you and Influgramer.com Influgramer S.r.l.s. and applies to all liability claims (e.g., warranty, tort, negligence, contract, law) and even if Influgramer.com and its affiliates have been advised of the possibility of such damages and these actions do not achieve their essential purpose .
11. Applicable law and disputes forum
11.1 This Agreement is subject to Italian law.
11.2 Any nullity and / or invalidity, in whole or in part, of one or more articles, does not overwhelm the other articles contained in this Agreement which, consequently, must therefore be considered fully valid and effective.
11.3 Without prejudice to the application of art. 33, lett. u) of Legislative Decree 6.9.2005, n. 206, the disputes that may arise between the parties in relation to this Agreement, including disputes relating to the interpretation, execution and validity of the same, will be the exclusive competence of the Court of Milan.
Pursuant to and for the purposes of Articles 1341 and 1342 of the civil code, the user declares to have read carefully and expressly approve the following clauses: art. 8 (Guarantees and Limitations of Liability), art. 9 (Suspension and termination of the Agreement), art. 10 (Applicable law and dispute forum)
These Terms and Conditions will also apply to our visitors.
These Terms and Conditions may be subject to changes, which will be promptly communicated to our users and companies registered on the portal, the visitor will be informed of these terms and conditions through the link of this documentation, and all related ones; this visitor documentation will be present in the footer of the website.