Last updated: 3 April 2020
These Terms of Use constitute a legally binding agreement between the User, whether personally or on behalf of an entity (“User(s)”), and the International Criminal Police Organization – INTERPOL (“INTERPOL”) concerning Users’ access to and use of the ID Art application (“ID Art” or “Application”), including all issues relating to the Application and its elements (data, images, logos, etc.).
This agreement, along with the Privacy Policy and any other texts incorporated herein by reference, constitutes the entire and sole agreement (hereinafter referred to as the “Terms”) between the User(s) and INTERPOL with respect to the Application.
1. Acceptance of the Terms
1.1 By installing, accessing or using the Application or any functionality thereof, Users confirm that they have the right and legal capacity under the applicable law to accept these Terms, and that they have fully read, understood and agree to be bound by these Terms.
1.2 If Users do not agree to these Terms or any part thereof, they are not entitled to use the Application, and must immediately uninstall and delete all copies thereof, including all data processed (collected, stored, shared, etc.) through the Application.
2. Owner of the Application
2.1 The Application is owned by INTERPOL, an independent intergovernmental organization whose aim is to facilitate international police cooperation. This includes cooperation in combating crimes relating to cultural property, such as illicit excavation, theft, and international trafficking in cultural property.
2.2 INTERPOL may, at its sole discretion, update, modify and/or replace these Terms at any time. Therefore, Users must periodically review these Terms (the date of modification will be clearly indicated). Any changes will be effective immediately after INTERPOL publishes the revised version.
2.3 If an update to the Terms pertains to a significant change in the use of the Application, Users will be notified of the changes before they take effect. Users are responsible for reviewing the notification or the updated Terms, and deciding whether to continue accessing or using the Application in accordance with the updated Terms.
2.4 Nothing contained herein or relating to the use of the Application shall be construed as establishing or creating an employer employee or principal agent relationship between INTERPOL and the User.
3. Purpose of the Application
3.1 INTERPOL provides the Application for the benefit of its member countries’ law enforcement agencies. The Application and the data contained therein are thus intended for use by Users from member countries (a full list is available via the following link: https://www.interpol.int/Who we are/Member countries). The use of the Application or access to any data contained therein by Users from non member countries is discouraged.
3.2 The Application facilitates access to INTERPOL’s Stolen Works of Art Database (“Database”). The Database contains around 50 000 pictures and descriptions of stolen and missing cultural objects reported to INTERPOL by national law enforcement agencies and authorized international entities (“Data sources”). In accordance with the requirements of INTERPOL’s Rules on the Processing of Data, a Data source is fully responsible for the data it transmits to the Database and regularly ensures their accuracy, relevance and validity.
3.3 Data sources have agreed to disclose certain categories of data from the Database through the Application to enhance the visibility of stolen works of art, curb illicit trafficking, and increase the chances of recovery. In particular, the Application is intended for:
- law enforcement agencies and other competent authorities to carry out searches against the Database in order to trace and locate stolen works of art, alert the public to objects of interest to the police, and request the public’s help;
- any entities and individuals, such as museums, art galleries or art sellers, to carry out searches against the Database for due diligence purposes prior to the acquisition of art objects, easily report information on stolen works of art to INTERPOL and national police using standardized forms.
3.4 The Application also provides a standard inventory form to be used for recording art objects in Users’ possession or custody, and cultural sites. The standard inventory form is intended to facilitate reporting to law enforcement agencies in the event of theft.
3.5 The Application is made available by INTERPOL as its contribution towards the due diligence steps required under Article 4 of the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects (1995). However, it should by no means be regarded as sufficient to fulfil the due diligence requirements under the Convention or other relevant national legislation.
4. Access to the Application
4.1 Users shall access and use the Application only for a lawful purpose, in accordance with these Terms and all applicable laws and regulations.
4.2 INTERPOL reserves the right to terminate access to the Application or to its separate functionalities for any User, for any reason, at any time and without prior notification; including, but not limited to, cases of false or malicious reporting of stolen works.
4.3 INTERPOL may monitor access to or use of the Application for the purpose of operating the Application and to ensure compliance with these Terms and any applicable law. INTERPOL reserves the right to take any and all appropriate measures in accordance with its internal legislation, and may cooperate with competent law enforcement authorities, in relation to any suspected acts or violations of the Terms by Users, including by providing Users’ data to competent law enforcement authorities.
4.4 The use of the main functionalities of the Application requires Internet access, and service providers’ standard rates and fees, including data charges, apply. INTERPOL does not charge any fees.
4.5 The Application may be updated to add new features and/or correct bugs. Users shall ensure that they are using the most recent version of the Application that is compatible with their mobile device.
4.6 INTERPOL cannot guarantee the availability of all features and functions of the Application at all times, nor their proper functioning on all mobile devices.
4.7 The Application is provided in Arabic, English, French and Spanish.
4.8 INTERPOL retains its exclusive right, at its sole discretion, to alter, limit or discontinue the availability of the Application at any given time.
5. Functionalities of the Application
5.1 The Application has four main functionalities, which may be accessed and used by Users under the terms and conditions outlined below.
I. Search functionality
5.2 The search functionality provides Users with access to the objects recorded as stolen in INTERPOL’s Stolen Works of Art Database. INTERPOL MAKES NO WARRANTIES WITH RESPECT TO THE RELIABILITY OR ACCURACY OF THE SEARCH RESULTS.
5.3 Users can search the Database either by using selected criteria or keywords (the “Manual Search” functionality), or by uploading or taking a photo of an item (the “Visual Search” functionality). Based on the selected criteria and search type, the software automatically generates potential positive search results and displays a thumbnail gallery of the objects that are currently recorded in the Database and match Users’ search criteria.
5.4 Users should interpret the search results with caution. “Manual Search” results will always depend on the criteria used for the search. The “Visual Search” is based on an automated image matching solution, which does not guarantee reliability and accuracy of results (for example, results may be influenced by the perspective of the photo uploaded, the photo quality, colours and other factors). Not all works of art recorded in the Database contain photos. Performing both manual and visual search types generally increases the efficiency of the search results.
Negative search results
5.5 A NEGATIVE SEARCH RESULT DOES NOT MEAN THAT THE ITEM SEARCHED FOR IS NOT STOLEN. INTERPOL EXPRESSLY DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY LOSS ARISING FROM OR IN RELIANCE UPON THE SEARCH RESULTS.
5.6 The Application displays only those objects that have been officially reported as stolen to INTERPOL at the moment of the search. Even if the search result is negative, the item searched for may still be stolen for one of the following reasons:
- The object has not yet been reported as stolen to the police;
- The theft report has not yet been received by INTERPOL through official channels;
- The object has not yet been entered into the Database by the national police authorities;
- Searches for the object are being carried out at the national level only;
- The object has been looted from an archaeological site and is not known to the police.
5.7 Following a negative search result, Users should perform additional due diligence steps, that is, consult other registers of stolen cultural objects and request certificates of origin, provenance, and/or authenticity from sellers.
5.8 The following best practices are recommended by INTERPOL in case of a negative search result:
- Try again with additional criteria or key words, and use both manual and visual search types;
- Start from a generic and broad search, and gradually narrow the search;
- If one criterion is unknown (for example, dimensions of the object), it is better to ignore that field;
- Allow sufficient time to thoroughly perform effective searches.
Positive search results
5.9 A POSITIVE SEARCH RESULT IS ONLY A POTENTIAL MATCH AND DOES NOT CONFIRM THAT THE ITEM SEARCHED FOR IS STOLEN. A positive search result is an indication that follow up action with a competent national law enforcement authority and/or INTERPOL may be taken.
5.10 A positive search result does not indicate any recommendation (explicit or implicit) by INTERPOL that the User should take, or refrain from taking, certain actions, with the exception of performing additional due diligence steps and reporting to national law enforcement authorities and/or INTERPOL. Any decision a User makes to take or refrain from taking action following an object search (for example, buying or not buying an item) is at the User’s discretion and should be based on appropriate consultation with the national law enforcement authorities concerned.
5.11 INTERPOL is not responsible for the quality of the data, the consequences resulting from the use of such data, or for any potential damages incurred by Users of the Application.
II. Search history saving functionality
5.12 After a search in the Database is carried out, Users can save their search history locally on their mobile devices, provided that these Terms are complied with. After clicking on a saved search result, the Application carries out the saved search again with the same criteria. Search results may differ; for example, a negative result may become positive if a saved search is performed again at a later date.
5.13 The search history only indicates that specific searches were performed on a specific date. It is recommended that a different name be used when saving search results.
5.14 Only the 20 most recent searches performed are automatically saved in the “History” section of the Application. Users are responsible for saving the remaining searches, as necessary.
5.15 All saved search history entries are automatically deleted when the Application is uninstalled from a mobile device. Users are responsible for saving the search history elsewhere, as needed, before deleting the Application.
5.16 Users are reminded that the Application is only a contribution of INTERPOL towards the due diligence steps required under Article 4 of the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects (1995), and that checking the Database through the Application should by no means be regarded as sufficient to fulfil the due diligence requirements under the Convention or other relevant national legislation. In case of purchase of art objects, Users must always request that sellers provide certificates of origin, authenticity and/or provenance and check other registers of stolen cultural objects.
III. Standardized inventory functionality
5.17 The Application allows Users to create a standardized inventory (“My inventory”) by using:
- Object ID forms to document the art objects in their possession or custody. In the event of theft, Users can send their Object ID forms to law enforcement authorities to easily insert the description of the objects in the Database.
- Site Cards to record photos, descriptions, conditions and the geographical location of cultural, archaeological and underwater sites. In case of natural disaster, armed conflict or massive looting, Users can provide the recorded information to law enforcement authorities to aid the recovery of lost or stolen objects.
5.18 THE CREATION OF A STANDARDIZED INVENTORY DOES NOT IMPLY ENDORSEMENT OR ANY REPRESENTATION BY INTERPOL; NOR SHALL IT BE REGARDED AS A LEGAL STATEMENT OF FACT. Object ID and Site Card forms shall not be considered as certificates of authenticity, provenance or ownership. INTERPOL does not make any representation or warranty of authenticity, or guarantee the accuracy of any characteristics of the object (condition, type, attribution, period, medium, material, shape, dimensions, signature or marking).
5.19 Object ID and Site Card forms are only stored locally on mobile devices and are not saved by or transmitted to INTERPOL. Users may save and export Object ID and Site Card forms in Portable Document Format (PDF) and share them via e-mail or mobile applications. INTERPOL is not liable for any potential damage arising from or relating to any loss of data (for example, owing to theft of the device) that Users may have saved locally in “My Inventory” or in any other storage location.
5.20 When the Application is uninstalled, all data stored locally on mobile devices are deleted. Users are advised to save Object ID and Site Card forms as PDF files in another storage location, as necessary, before uninstalling the Application.
IV. Reporting functionality
5.21 If Users have information regarding a specific work of art recorded in the Database, they should always contact their national or local police authorities directly. Users should also report any thefts of works of art owned or held to their national police authorities. INTERPOL does not carry out investigations on its own. The appropriate law enforcement authorities will contact INTERPOL, as necessary.
5.22 The Application enables Users to provide information to INTERPOL on a stolen work of art that they have identified or located, by using the “Report to INTERPOL” functionality. Users are directed to their e-mail accounts and may use an automatically generated, pre filled e-mail template and attach a PDF of the relevant stolen work of art to send a report to the INTERPOL General Secretariat: woa@interpol.int.
5.23 When reporting information to INTERPOL, Users must include details of the name of the object and its location (for example, a private home, museum, auction house, antique shop, exhibition, flea market, etc.), and the date of the positive search result obtained via the ID Art application. Information must be factual, relevant and, to Users’ best knowledge and belief, accurate. Users who intentionally submit false reports or use the reporting functionality maliciously may be subject to appropriate measures taken by INTERPOL or competent law enforcement authorities.
5.24 Personal data and other information provided in the report may be processed by INTERPOL and/or transferred to its member countries’ law enforcement to facilitate related criminal investigations.
5.25 INTERPOL IS NOT OBLIGATED TO ACT ON USERS’ REPORTS. IT SHALL NOT BE RESPONSIBLE OR LIABLE FOR LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE APPLICATION AND ITS FUNCTIONALITIES. USERS ARE NOT ENTITLED TO COMPENSATION FROM INTERPOL FOR ANY ACTION OR INACTION ON THE PART OF THE LATTER, OR FOR ANY ACTION TAKEN BY NATIONAL LAW ENFORCEMENT AUTHORITIES FOLLOWING THE SUBMISSION OF THE REPORT.
6. Users’ general obligations and responsibilities
6.1 Users agree that they shall be solely responsible for any and all use of the Application or its data, whenever accessed from mobile devices by Users themselves or by anyone else.
6.2 In connection with the use of the Application, Users agree that they shall not, nor permit anyone else to, directly or indirectly:
(a) use the Application (or any part of it) and the Database for an unlawful purpose or in a manner inconsistent with these Terms;
(b) violate any applicable local, national or international law
(c) use the Application for commercial purposes, and/or alter, sell or redistribute objects to create derivative works from any content, material or data available to Users;
(d) copy (whether by printing, storing, downloading or in any other way), distribute, broadcast, alter or tamper with in any way, or otherwise use any material contained in the Application;
(e) remove any copyright, trademark or other intellectual property notices, or change any ownership markings contained in the original material of the Application;
(f) upload, transmit or distribute through the Application any material or content that is or may be construed as being unlawful, threatening, abusive, defamatory, frivolous, obscene, provocative, pornographic or indecent, or any material which infringes intellectual property rights of any third party;
(g) act fraudulently or maliciously, for example hack into or transmit any software or material that contains viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature into the Application or any operating system;
(h) use the Application in a way that could damage, disable, overburden, impair or compromise INTERPOL’s systems or its security or interfere with other Users;
(i) collect or harvest information or data from the Application or from INTERPOL’s or its subcontractor’s systems, or attempt to decipher transmissions to or from the servers running any part of the Application;
(j) engage in spamming; flooding; or any action that imposes an unreasonable or disproportionately large load of data, information or queries on INTERPOL’s infrastructure (or that of its third party providers) or on any national law enforcement authority’s infrastructure.
6.3 Users understand and agree that their information or data relating to possible abuse or criminal conduct may be provided by INTERPOL to appropriate national authorities in order to trigger administrative sanctions, civil and/or criminal penalties (including civil monetary penalties) or other sanctions.
7. Disclaimers
Data quality
7.1 National police authorities in INTERPOL member countries, and authorized international organizations are fully responsible for the data that they transmit to INTERPOL’s Stolen Works of Art Database and are obliged to regularly ensure their accuracy and relevance. INTERPOL is not responsible for the quality of the data, or for any consequences arising from use of such data by the Users, including any potential damages incurred by the Users or by any third party, such as loss of profits or business opportunities as a result of a false match in the system.
Links to other services and websites
7.2 The Application allows Users to access, use or interact with third party websites, applications or other services. For example, Users may choose to send Object ID and Site Card forms via their personal e-mail accounts and share them via mobile applications. INTERPOL is not responsible for the contents or data collection practices of any third party services that are linked, referenced or accessed via the Application or that make reference to the Application. Use of any third party services will be under their respective terms and privacy policies, and Users will assume full responsibilities and risks arising from the use of those services.
7.3 Links from the Application to third party services and websites, or from other sites to the Application, do not constitute an endorsement by INTERPOL, and are only provided for convenience.
Operation and use of the Application
7.4 Users shall use the Application at their own risk, and remain solely responsible for the use and for any damage to the mobile device that they use to access the Application, or for any loss of data or any other harm of any kind that may result from downloading, accessing or using the Application. INTERPOL shall under no circumstances be liable for any use of the Application, or for reliance on any information contained in the Application for:
(a) Loss of actual or anticipated profits, sales, business, business opportunities or revenue;
(b) Losses caused by business interruption or damage to reputation;
(c) Loss or corruption of data, information or software;
(d) Any indirect, special or consequential cost, expense, loss or damage suffered by Users in connection with their use of the Application or any data available on it, even if such cost, expense, loss or damage was reasonably foreseeable or might reasonably have been contemplated by Users and/or INTERPOL.
Compliance with applicable laws
7.5 It is the sole responsibility of Users to ensure that their use of the Application complies with any applicable laws. INTERPOL assumes no responsibility with respect to the foregoing and reserves the right to suspend, terminate, or impose access restrictions or limits to the Application at any time without prior notification.
7.6 The Application is not intended for distribution to or use in any country where such distribution or use would violate local laws. INTERPOL reserves the right to limit the availability of the Application in any country or region at any time without prior notification, in the event it becomes aware of any non compliance with applicable laws.
7.7 Users hereby represent and warrant that: (i) they are not located in a country that is subject to any restrictions or sanctions under laws and regulations applicable to the Application; and (ii) they are not listed on any list of prohibited or restricted parties under such laws and regulations. Users assume the sole responsibility and risk of non compliance, and shall contact the relevant national police authorities in INTERPOL member countries in case of doubt or questions.
8. Liability
8.1 INTERPOL shall not be responsible or liable for any and all actions, claims, losses, damages, liabilities and expenses arising out of or related to use of the Application or its data by the Users.
8.2 As a condition of use of the Application, Users agree to indemnify INTERPOL, its personnel, licensors, sub contractors and suppliers from and against any and all actions, claims, losses, damages, liabilities and expenses (including reasonable legal costs ) arising out of or relating to Users’ use of or inability to access the Application or its data. This includes, without limitation, any claims alleging facts that, if true, would constitute a breach of these Terms by the Users. If Users are dissatisfied with any function of the Application or with any of the Terms, their sole and exclusive remedy is to discontinue using the Application.
8.3 Any and all claims arising out of or relating to the data recorded in the Database and available through the Application shall be directed to national police authorities in INTERPOL member countries, including claims arising out of or relating to any action taken at the national level concerning data provided through the Application. Individuals cannot seek to hold INTERPOL liable for such claims.
9. Data protection
9.1 To ensure the effective functioning of the Application, INTERPOL collects and processes some personal data from Users when they use the Application. Such personal data will only be processed in accordance with the Privacy Policy and the Cookie Policy, [link to the Privacy Policy and the Cookie Policy] which are incorporated into these Terms by this reference.
10. Intellectual property rights
10.1 The Application contains data and material which are the property of INTERPOL, Data sources and other licence holders that have granted INTERPOL the rights to use their data and material.
10.2 Except for the works of art themselves, all intellectual property and other proprietary rights with regard to products, processes, inventions, ideas, know how, and rights in and to the Application and to any texts, software, scripts, codes, designs, images, and interactive features incorporated into the Application, are owned by INTERPOL or its licensors. INTERPOL reserves all of its rights, title and interest to all intellectual property and other proprietary rights, including those not expressly described in these Terms.
10.3 Access to INTERPOL’s Stolen Works of Arts database granted under these Terms does not include any title to or ownership in the Application or any component thereof. Users agree that neither the Application nor any part thereof shall be duplicated or reproduced.
11. Licence terms
11.1 Subject to these Terms, INTERPOL grants Users a revocable, non exclusive, non transferable, non perpetual, limited right to download, install and use the Application for their own personal, non commercial purposes.
11.2 Users agree not to, and not to permit others to:
(a) sublicense, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party; or
(b) modify, adapt, or create derivative work; reverse engineer, disassemble or otherwise attempt to derive any source codes or algorithms of any part of the Application.
11.3 INTERPOL makes no warranties, and disclaims all warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose or use.
11.4 Users agree that the Application is provided “as is”, and that INTERPOL is not responsible for any inaccuracies, errors or omissions contained in or relating to the Application or any accompanying instructions.
11.5 INTERPOL may suspend or terminate the above mentioned rights afforded to Users at its sole discretion, at any time and for any reason.
12. Use of distinctive signs
12.1 Except as provided in paragraph 12.2 below, Users may not, under any circumstances, make reference to INTERPOL and/or use its name, initials, emblem, and/or logo, distinctive signs or any abbreviation of the name of INTERPOL for any purposes, including promotional, publicity or commercial purposes, or represent or imply an association or affiliation with INTERPOL, without INTERPOL’s prior written agreement.
12.2 Without derogating from anything contained herein, INTERPOL hereby permits individual Users, Data sources, public institutions and international organizations to provide links or references to the Application for non commercial, informational purposes, provided that they comply with these Terms and that the purposes do not adversely affect the interest of INTERPOL. This permission, however, excludes any cases for promotional, publicity or commercial purposes.
12.3 INTERPOL may, at its sole discretion, agree to or reject any authorization request and revoke any granted authorizations if the request is deemed to adversely affect the interest of INTERPOL. In case of queries, please refer to the information provided on INTERPOL’s public website (https://www.interpol.int/Who we are/Legal framework/Name and logo).
12.4 Registration of INTERPOL’s distinctive signs, abbreviation of the name of INTERPOL or any imitation thereof, as a trademark or as any other intellectual property right, is strictly forbidden.
13. Privileges and immunities
13.1 Nothing in or relating to these Terms shall be deemed a waiver, express or implied, of any privileges and immunities accorded to INTERPOL by its constituent documents, any agreement(s) concluded between INTERPOL and a member country, or by national or international law.
14. Dispute resolution
14.1 Any dispute, controversy, or claim arising out of or in connection with these Terms or any breach thereof shall be resolved amicably by consultation and negotiation between INTERPOL and the relevant User(s) (the “Parties”). This process should be completed within 90 days.
14.2 If the dispute, controversy, or claim has not been resolved by consultation and negotiation, the Parties shall proceed to mediation in accordance with mutually agreed upon rules. The mediation session shall be held within 45 days of the retention of a mutually agreed mediator, and last for at least three full mediation days, before each Party has the option to withdraw from the process. The Parties may agree to continue the mediation process beyond three days, until there is a settlement agreement or one Party sends in writing a notice of termination of mediation. The process shall be confidential and based on terms acceptable to the mediator.
14.3 INTERPOL may submit to final and binding arbitration by an arbitration tribunal, composed as determined by the Parties, any dispute, controversy, or claim arising out of or in connection with these Terms or any breach thereof that is not resolved by negotiation or meditation. The rules governing this arbitration tribunal shall be in accordance with international arbitration rules as agreed by the Parties.
14.4 The English language shall be used in any mediation and arbitration proceedings.
14.5 In no event shall INTERPOL be subject to any national law or jurisdiction of any domestic courts.
15. Applicable laws
15.1 Without prejudice to Users’ obligations to comply with applicable laws and regulations, any reference in these Terms, either direct or indirect, to such laws and regulations, shall not be construed as constituting INTERPOL’s acceptance of the applicability of those laws and regulations to the present Terms or any dispute arising from or relating to these Terms.
16. Survival clause
16.1 The following provisions of these Terms shall continue in force after their expiry or termination upon uninstallation of the Application on Users’ devices: paragraphs 8 (Liability), 10 (Intellectual property rights), 12 (Use of distinctive signs), 13 (Privileges and immunities), 14 (Dispute resolution), and 15 (Applicable laws).