Terms and Conditions for submitting images for Reflect

By participating in our Interactive Collage, you agree to our Terms and Conditions for Participants. Please read them carefully. Participation is at your own risk and you are responsible and liable for the images you submit. Only images of your own, on which you are pictured yourself or people from whom you have received permission may be submitted. It is not permitted to submit offensive images. 

The Terms and Conditions contain, amongst others, provisions regarding intellectual property and privacy rights. You hereby also grant the Kunsthal the right to use the images as described in the Participant Conditions (e.g. on social media). If you are under 18, you will need permission from your parents to participate. For more information regarding the processing of your personal data by the Kunsthal, please refer to our privacy policy.

Conditions of participation

The following terms and conditions for participation apply to the submission of visual material for the interactive collage Reflect (hereinafter referred to as "Reflect") by Stichting Kunsthal Rotterdam, with its registered office at Westzeedijk 341, 3015 AA Rotterdam, the Netherlands, which foundation is registered in the Commercial Register of the Chamber of Commerce under number 41132613 (hereinafter referred to as "the Kunsthal") by visitors to the Kunsthal (hereinafter referred to as "Visitors"). 

1.    The Kunsthal invites you as a Visitor to participate in Reflect, by adding images (photographs) to Reflect that are related to the question or proposition shown. 

2.    Submission takes place through a mobile accessible website (accessible through a QR code) offered on behalf of the Kunsthal by DVTK LTD, having its registered office in 76 rue Petit, Paris, France, registered in the Trade Register under number 860 505 652 (hereafter: "DVTK").  In order to participate in Reflect, visitors must accept the terms and conditions. Underage Visitors (<18) should ask permission from their parents. 

3.    When participating in Reflect, the images submitted by you will remain visible on the screens set up in the Kunsthal to display Reflect, until twenty (20) new Visitors have submitted images. The Kunsthal does not guarantee a minimum or maximum time that the submitted images will be visible on the screens. The screens will remain in place from the end of October 2021 until April 2022, unless the Kunsthal decides to end Reflect earlier or to extend it. Until then, visitors can participate as often as they wish (free of charge).

4.    The Kunsthal reserves the right to refuse visitors participation in Reflect and/or to remove images when this is advisable.

5.    Participation in Reflect is entirely at the risk of the participating visitor. The Kunsthal is not liable for any direct or indirect damage of participants or third parties, caused by or related to participation in Reflect and the relevant submission. The aforementioned exclusion of liability does not apply in cases of intentional or grossly negligent conduct by the Kunsthal and/or to the extent that obligations concerning the processing of personal data by the Kunsthal are not respected and, furthermore, liability under the law cannot be excluded.

6.    When participating in Reflect, it is not permitted to send in images that are in violation of written and/or unwritten (decency) norms, including images of a propagandistic, violent, pornographic, or otherwise inappropriate or shocking nature. Should a Visitor upload such images, then this Visitor is liable towards the Kunsthal for all direct and indirect damage suffered by the Kunsthal in connection with or as a result of the submission of such images (including but not limited to damage to reputation, damage as a result of company stagnation or loss of subsidy and damage resulting from the costs of technical interventions).

7.    When participating in Reflect, it is not allowed to submit visual material that infringes upon (intellectual) property rights, including copyrights, and/or privacy rights, including portrait rights, of third parties. This means that you may submit images in which you are visible yourself, and images in which people are visible who have given permission to be photographed and to submit such images. Should the Kunsthal suffer direct or indirect damage due to or in connection with the submission of visual material which infringes on the aforementioned rights of third parties, the Visitor who submitted the visual material is liable for this (this includes, but is not limited to, claims by the (intellectual) property rights or portrait rights holders and/or fines imposed on the Kunsthal).

8.    Visitors give the Kunsthal full and unrestricted permission to use the images and any portraits they submit for Reflect. Visitors also give the Kunsthal permission to share their submission on social media channels and/or the website of the Kunsthal. The Kunsthal will not give third parties the right to use the visual material sent in by Visitors in the context of Reflect, without prejudice to the fact that social media posts may be shared by third parties and the use of processors.

9.    Insofar as the submitted visual material contains personal data, the Kunsthal is responsible for the processing of your personal data in the sense of the General Data Protection Regulation (AVG). The Kunsthal processes these personal data based on its legitimate interest in doing so, namely for the purpose of implementing Reflect and informing the public about it. To this end, the Kunsthal collects and/or publishes visual material that may contain an image of you and from which other information about your person may be derived. These personal data are stored on the servers of DVTK in the EU. We have written agreements with DVTK of this. 

10.    The aforementioned processing of personal data for this project in particular, is in addition to the personal data already processed as a result of your visit to the Kunsthal. For all types of personal data processing and your rights in this respect, please refer to our privacy policy.     

11.    These terms and conditions for participation are exclusively governed by Dutch law. If any dispute arises from participation in Reflect, the court in Rotterdam has exclusive jurisdiction.

For questions and/or remarks concerning Reflect, please contact the Kunsthal via communication@kunsthal.nl. A member of the Kunsthal staff will contact you as soon as possible.