Face-o-mat Atelier
General Terms and Conditions
1. Applicability and Scope
1.1. Face-o-mat Atelier is an art project involving performances to create portrait drawings by participants (or the artist, Tobias Gutmann) of other participants. When participants have been drawn within the Face-o-mat Atelier, they will be asked to make a photograph of them holding their portrait drawing. The photograph is made by using our Face-o-mat application. Participants will be asked to upload this photograph, which shows the participants face and the drawn portrait, to the Face-o-mat application.
1.2 The present General Terms and Conditions (“GTC”) apply to any legal relation in connection of the use of the Face-o-mat Atelier, between the artist Tobias Gutmann, a Gallery or other organization presenting the Face-o-mat exhibition (“us” or “we”) and all persons (“participants” or “you”), including the artist Tobias Gutmann, who participate in the Face-o-mat Atelier. We reserve the right to change the GTC with effect for the future.
2. Project Goal
2.1. By taking part in a Face-o-mat Atelier, you grant us permission to store and process the photographs uploaded to the Face-o-mat application in the context of the art project and the drawings created in this context.
2.2. You grant us permission to make use of your photographs/drawings and to change or combine them with other photographs/drawings taken or created by other participants. We can use any copyrights connected with these photographs/drawings, in particular to commercially use and publish the photographs in print and/or electronic form within the context of the art project. For example, to show your photograph/drawing during an exhibition of Tobias Gutmann (the artist) related to the art project as part of a video gallery. Your photograph/drawing and/or the video gallery may for example be shown in the exhibiting gallery and/or on our websites/social media or in any other way in relation to the art project.
2.3. You grant us permission to store and process the photographs uploaded to the Face-o-mat application with or without your name (the name indicated by you in the destined box).
2.4.You grant us permission to store and process the photographs uploaded to the Face-o-mat application in combination with the location where the photographs were taken, for example by naming the museum or gallery, the city and the country where the particular Face-o-mat exhibition took place.
2.5 You grant us the rights mentioned in these GTC for free and without any time or geographic limitations.
3. User-Generated Content
3.1. You may exclusively share photographs related to the Face-o-mat Atelier, focusing on portraits and drawings as visualized during the camera screen loading.
3.2. You are solely responsible for the photographs you share through our services. This includes ensuring the right to photograph the subject and compliance with applicable laws, rules, regulations, and our user agreement.
3.3. We reserve the right to block images and users that violate our guidelines.
3.4. Our gallery is continuously curated, and there is no assurance that every image will be published. We retain the right to publish or unpublish a photograph at any time and for any reason.
3.5. If you come across content that violates our guidelines, please report it to us using the reporting feature within the application.
3.6. We do not tolerate harassment, intimidation, defamation, threats, hateful content, child sexual exploitation, sexual abuse, promotion of suicide or self-harm, intellectual property theft, or any other illegal activities.
4. Rights of the Participant
4.1. All photographs/drawings within the Face-o-mat Atelier are protected by copyright. The participant may use the photographs/drawings for private use only. The participant may publish such photographs/drawings on social media mentioning Tobias Gutmann (the artist). All further rights connected with the copyright, in particular all economic rights deriving from it, are transferred to us. In particular, the participant is prohibited from commercially using, copying, reproducing, editing, digitizing Face-o-mat portraits in whole or in part, or making them available for commercial use by third parties on the Internet or in any other way.
5. Data Protection and Data Security
5.1. Address data of the participants will be used exclusively for the creation and assignment of the photographs as well as to contact the participants with further information regarding the portraits drawn in the Face-o-mat Atelier.
5.2. The photographs uploaded to the Face-o-mat application are stored and used for further development of the art project. They will not be passed on to third parties other than necessary, and under appropriate safeguards, for processing and storage.
5.3. Further information about our handling of the personal data of the participants can be found in the privacy policy.
6. Final Clauses, Applicable Law and Place of Jurisdiction
6.1. Swiss law shall apply.
6.2. The exclusive place of jurisdiction is our place of business.
6.3. Should individual provisions of these GTC prove to be invalid or unenforceable, this shall not affect the validity of the remaining provisions.
These General Terms and Conditions are valid from December 15th, 2023
Face-o-mat Atelier
Privacy Policy for participants
Data protection and data security are important to the Face-o-mat Atelier art project and to us (Tobias Gutmann, the Gallery or other organization presenting the Face-o-mat Atelier exhibition). We process your personal data responsibly, in accordance with applicable legal requirements and in accordance with this Privacy Policy.
1. Content of this privacy policy
In this privacy policy we inform you about how we collect and process personal data when you participate in a Face-o-mat Atelier, and when you contact us or use our services in this connection.
2. Persons responsible for data processing
The three parties with responsibilities in a Face-o-mat Atelier exhibition are each responsible for the data processing described in this privacy policy in the context of their roles and responsibilities described above. If you have any questions about Face-o-mat Atelier or if you wish to exercise your data protection rights in respect of Face-o-mat Atelier, please contact Tobias Gutmann (hello@tobiasgutmann.com). Depending on your enquiry/request, Tobias Gutmann will ensure that you are able to make contact with or inform other responsible parties as needed.
3. Personal data processed during communication and service provision
Personal data is any information that relates to a specific or identifiable person, e.g. name and contact details (e-mail address, telephone number), and, if applicable, information about your role at the organization on whose behalf you are contacting us. We also process personal data that we receive from third parties. This regularly includes personal data that we receive in correspondence or meetings with customers or business partners, e.g. your name and e-mail address as a team member of the customer or business partner.
4. Provision and use of our website
4.1. Use for information
You can use Tobias Gutmann’s website (www.tobiasgutmann.com) to obtain information about the Face-o-mat Atelier art project without telling us who you are. As with any connection to a web server, the server on which we have the website provided automatically logs and stores certain technical data for a short time. This includes the IP address and operating system of your device, the date and time of use, and the type of browser you use to access the website.
4.2. Use of our newsletter
Use of our newsletter: When you sign up for Tobias Gutmann’s newsletter, we collect the information you provide to us. This includes general personal data such as first name, last name and e-mail address. You can also let us know at any time that you would like to stop receiving our newsletter in the future. Please use the unsubscribe link at the end of the newsletter.
5. For which purposes we process your personal data and on which basis
We process your personal data primarily to inform you about our range of services and to provide, document and invoice our services in accordance with our contractual and legal obligations. In addition, we process your personal data for the following purposes:
- Responding to your inquiries and communicating with you;
- Provision of the website;
- Compliance with legal obligations; and
- Enforcement of legal claims.
We have a legitimate interest in the processing of your personal data corresponding to the aforementioned purposes. Some processing is also necessary so that we can fulfill our contractual obligations to you or our legal obligations (e.g. retention obligations). On this basis, we process your personal data if and to the extent that the applicable data protection law requires a legal basis or justification for the lawfulness of the data processing in general or for specific processing activities.
6. How we store and protect your personal data
We store your personal data only to the extent and for as long as necessary to fulfill the purposes described in this privacy policy or to comply with legal obligations. The photographs taken by us are saved and stored on Azure (Microsoft) servers in Switzerland or Europe. The server is data protected and complies with current regulations. In the interest of the integrity and confidentiality of personal data, we take appropriate technical and organizational measures. We implement access controls, access controls, and procedures to regularly review, assess, and evaluate the effectiveness of the measures in accordance with our risk assessment. We would like to point out that data transmission on the Internet (e.g. communication by e-mail) can have security gaps. A complete protection of data against access by third parties is not possible.
7. With whom we share your personal data
To achieve the purposes described in this Privacy Policy, it may be necessary for us to share your personal data, always with appropriate personal privacy safeguards, with other companies and organizations. These are the following categories of recipients:
- internal bodies;
- external service providers, such as galleries, museums, art organizations, photographers and videographers, or web service providers (we currently use - Microsoft Azure web services for storage and processing of photographs);
- Authorities and courts (if need be).
8. Place of processing
We store and process your personal data in Switzerland, the UK and the EU. If we process data in a third country (i.e., outside the European Union (EU), the European Economic Area (EEA)) or the processing takes place in the context of the use of third-party services or the disclosure or transfer of data to other persons, entities or companies, this will only be done in accordance with legal requirements. Except with express consent or contractually or legally required transfer, we process the data only in third countries with a recognized level of data protection, contractual obligation by so-called standard protection clauses of the EU Commission, in the presence of certifications or binding internal data protection rules (information page of the EU Commission).
9. Your rights in relation to your personal data
You have the following rights in relation to personal data concerning you:
- The right to receive information about what personal data we store about you and how we process it;
- the right to receive or transfer a copy of your personal data in a common format;
- the right to rectify your personal data;
- the right to have your personal data deleted; and
- the right to object to processing of your personal data.
Please note that legal requirements and exceptions apply to these rights. To the extent permitted by law, we may refuse your request to exercise these rights. You also have the right to file a complaint with the competent data protection supervisory authority.
10. How we can change this privacy policy
We may change this Privacy Policy at any time, in particular if we change our data processing practices or if new legislation becomes applicable. The version provided in each case site privacy policy applies.