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1) Information on the Collection of Personal Data and Contact Details of the Controller
1.1 We are pleased that you are visiting our website and thank you for your interest. In the following, we inform you about the handling of your personal data when using our website. Personal data in this context is all data with which you can be personally identified.
1.2 The controller in charge for data processing on this website within the meaning of the General Data Protection Regulation (GDPR) is
Ulrike Oppelt, Art In Flow – Office for Art and Publishing,
Ohlauer Str. 29, 10999 Berlin, Germany,
Tel.: +49 30 61285630, Fax: +49 30 61285615,
The controller in charge of the processing of personal data is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data.
1.3 This website uses SSL or TLS encryption for security reasons and to protect the transmission of personal data and other confidential content (e.g. orders or requests to the controller). You can recognize an encrypted connection by the string “https://” and the lock symbol in the address line of your browser.
2) Data Collection when visiting our Website
During the mere informational use of our website, i.e. if you do not register or otherwise transmit information to us, we only collect data that your browser transmits to our server (so-called “server log files”). When you visit our website, we collect the following data, which is technically necessary for us to display the website to you:
• Our visited website
• Date and time of access
• Amount of data sent in bytes
• Source/reference from which you reached the page
• Browser used
• Operating system used
• IP address used (if applicable: in anonymized form)
The processing is carried out in accordance with Art. 6 para. 1 lit. f GDPR on the basis of our legitimate interest in improving the stability and functionality of our website. The data is not passed on or used in any other way. However, we reserve the right to check the server log files retrospectively if there are concrete indications of illegal use.
In order to make visiting our website more attractive and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files that are stored by a browser on your device. Some of the cookies we use are deleted after the end of the browser session, i.e. after you close your browser (so-called session cookies). Other cookies remain on your device and allow your browser to be recognized the next time you visit (so-called persistent cookies). If cookies are set, they collect and process to an individual extent certain user information such as browser and location data as well as IP address values. Persistent cookies are automatically deleted after a specified period of time, which may differ depending on the cookie. The duration of the respective cookie storage can be found in the overview of the cookie settings of your web browser.
In some cases, the cookies are used to simplify the ordering process by storing settings (e.g. remembering the contents of a virtual shopping cart for a later visit to the website). Insofar as personal data is also processed by individual cookies used by us, the processing is carried out in accordance with Art. 6 para. 1 lit. b GDPR either for the performance of the contract, in accordance with Art. 6 para. 1 lit. a GDPR in the case of consent given, or in accordance with Art. 6 para. 1 lit. f GDPR to safeguard our legitimate interests in the best possible functionality of the website as well as a customer-friendly and effective design of the site visit.
Please note that you can set your browser in such a way that you are informed about the setting of cookies and can decide individually about their acceptance or can exclude the acceptance of cookies for certain cases or in general. Each browser differs in the way it manages cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings. You can find these for the respective browsers under the following links:
Internet Explorer: delete and manage cookies
Firefox: allow, reject and delete cookies
Chrome: delete, enable and manage cookies in Chrome
Safari: Manage cookies and website data
Opera: Manage cookies and set preferences
Please note that if you do not accept cookies, the functionality of our website may be limited.
Personal data is collected when contacting us (e.g. via contact form or e-mail). Which data is collected in the case of using a contact form can be seen from the respective contact form. This data is stored and used exclusively for the purpose of responding to your request or for contacting you and the associated technical administration. The legal basis for the processing of this data is our legitimate interest in responding to your request in accordance with Art. 6 (1) lit. f GDPR. If your contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 (1) lit. b GDPR. Your data will be deleted after final processing of your request. This is the case if it can be inferred from the circumstances that the matter in question has been conclusively clarified and provided that there are no statutory retention obligations to the contrary.
5) Data processing for contract execution
Pursuant to Art. 6 para. 1 lit. b GDPR, personal data will continue to be collected and processed if you provide it to us for the execution of a contract. Which data is collected can be seen from the respective input forms. We store and use the data provided by you for the execution of the contract. After complete execution of the contract, your data will be blocked with regard to tax and commercial law retention periods and deleted after expiry of these periods, unless you have expressly consented to a further use of your data or a legally permitted further use of data has been reserved on our part.
6) Data processing for order processing
6.1 In order to process your order, we work together with the service provider(s) listed below, who support us in whole or in part in the execution of concluded contracts. Certain personal data is transmitted to these service providers in accordance with the following information.
The personal data collected by us will be passed on to the transport company commissioned with the delivery as part of the contract processing, insofar as this is necessary for the delivery of the goods. We pass on your payment data to the commissioned credit institution within the framework of payment processing, insofar as this is necessary for payment processing. If payment service providers are used, we will inform you explicitly about this below. The legal basis for the transfer of data is Art. 6 (1) lit. b GDPR.
6.2 Use of payment service providers (payment services)
When paying via PayPal, credit card via PayPal, direct debit via PayPal or – if offered – “purchase on account” or “installment payment” via PayPal, we pass on your payment data to PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”) as part of the payment processing. The transfer takes place in accordance with Art. 6 para. 1 lit. b GDPR and only insofar as this is necessary for the payment processing.
PayPal reserves the right to conduct a credit check for the payment methods credit card via PayPal, direct debit via PayPal or – if offered – “purchase on account” or “instalment payment” via PayPal. For this purpose, your payment data may be passed on to credit agencies in accordance with Art. 6 para. 1 lit. f GDPR on the basis of PayPal’s legitimate interest in determining your solvency. PayPal uses the result of the credit check in terms of the statistical probability of non-payment for the purpose of deciding on the provision of the respective payment method. The creditworthiness information may contain probability values (so-called score values). Insofar as score values are included in the result of the credit report, they have their basis in a scientifically recognized mathematical-statistical procedure. The calculation of the score values includes, but is not limited to, address data. For further information on data protection law, including information on the credit agencies used, please refer to PayPal’s data protection declaration: https://www.paypal.com/de/webapps/mpp/ua/privacy-full.
You can object to this processing of your data at any time by sending a message to PayPal. However, PayPal may still be entitled to process your personal data if this is necessary for the contractual processing of payments.
7) Tools and other
This website uses the cookie consent tool Borlabs of the provider Mr. Benjamin A. Bornschein, Georg-Wilhelm-Str. 17, 21107 Hamburg (“Borlabs”), which sets two technically necessary cookies (“borlabsCookie” and “borlabsCookieUnblockContent”) to store your cookie preference. The aforementioned processing is carried out pursuant to Art. 6 (1) lit. f GDPR on the basis of our legitimate interest in providing cookie preference management for website visitors.
The “borlabs cookie” does not process any personal data. The “borlabsCookie” cookie stores your chosen preference, which you selected when entering the website. The “borlabsCookieUnblockContent” cookie stores which (external) media/content you always want to have automatically unblocked. If you want to revoke these settings, simply delete the cookies in your browser. When you re-enter/reload the website, you will be asked again for your cookie preference.
Our website uses functions provided by Kunstmatrix. The provider is Kunstmatrix Technologies GmbH, Brunnenstr. 110c, 13355 Berlin, Germany.
Each time one of our pages containing Kunstmatrix functions is accessed, a connection to Kunstmatrix servers is established. Kunstmatrix is informed that you have visited our web pages with your IP address. If you call up pages with plugins from Kunstmatrix and are logged in with your account at Kunstmatrix, it is possible for Kunstmatrix to assign your visit to our website to you and your user account. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the transmitted data or its use by Kunstmatrix.
8) Rights of the data subject
8.1 The applicable data protection law grants you comprehensive data subject rights (rights of information and intervention) vis-à-vis the controller with regard to the processing of your personal data, which we inform you about below:
• Right to information pursuant to Art. 15 GDPR: In particular, you have a right to information about your personal data processed by us, the processing purposes, the categories of personal data processed, the recipients or categories of recipients to whom your data have been or will be disclosed, the planned storage period and/or the criteria for determining the storage period, the existence of a right to rectification, erasure, restriction of processing, objection to processing, complaint to a supervisory authority, the origin of your data if it has not been collected from you by us, the existence of automated decision-making, including profiling, and, if applicable, meaningful information about the logic involved and the scope and intended effects of such processing that concern you, as well as your right to be informed about what guarantees exist in accordance with Art. 46 GDPR when your data is transferred to third countries;
• Right to rectification pursuant to Art. 16 GDPR: You have the right to have any inaccurate data relating to you corrected without delay and/or to have any incomplete data stored by us completed;
• Right to deletion pursuant to Art. 17 GDPR: You have the right to request the deletion of your personal data if the conditions of Art. 17 (1) GDPR are met. However, this right does not exist in particular if the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the assertion, exercise or defense of legal claims;
• Right to restriction of processing pursuant to Art. 18 GDPR: You have the right to request the restriction of the processing of your personal data as long as the accuracy of your data, which you dispute, is being verified; if you refuse the erasure of your data due to unlawful data processing and instead request the restriction of the processing of your data; if you require your data for the assertion, exercise or defense of legal claims after we no longer need this data after the purpose has been achieved; or if you have lodged an objection for reasons relating to your particular situation as long as it has not yet been determined whether our legitimate grounds prevail;
• Right to information in accordance with Art. 19 GDPR: If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed about these recipients.
• Right to data portability pursuant to Art. 20 GDPR: You have the right to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request that it be transferred to another controller, insofar as this is technically feasible;
• Right to revoke consent given in accordance with Art. 7 (3) GDPR: You have the right to revoke consent to the processing of data once given at any time with effect for the future. In the event of revocation, we will delete the data concerned without delay, unless further processing can be based on a legal basis for processing without consent. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation;
• Right to lodge a complaint pursuant to Art. 77 GDPR: If you consider that the processing of personal data concerning you infringes the GDPR, you have – without prejudice to any other administrative or judicial remedy – the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, workplace or the place of the alleged infringement.
8.2 RIGHT OF OBJECTION
IF WE PROCESS YOUR PERSONAL DATA WITHIN THE FRAMEWORK OF A BALANCING OF INTERESTS ON THE BASIS OF OUR OVERRIDING LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE ON GROUNDS ARISING FROM YOUR PARTICULAR SITUATION.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO CONTINUE PROCESSING IF WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING THAT OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING IS FOR THE PURPOSE OF ASSERTING, EXERCISING OR DEFENDING LEGAL CLAIMS.
IF WE PROCESS YOUR PERSONAL DATA FOR THE PURPOSES OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSES OF SUCH MARKETING. YOU MAY EXERCISE THE OBJECTION AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT MARKETING PURPOSES.
9) Duration of the storage of personal data
The duration of the storage of personal data is measured on the basis of the respective legal basis, the purpose of processing and – if relevant – additionally on the basis of the respective statutory retention period (e.g. retention periods under commercial and tax law).
When processing personal data on the basis of explicit consent pursuant to Art. 6 (1) a GDPR, this data is stored until the data subject revokes his or her consent.
If there are statutory retention periods for data that is processed within the scope of legal or quasi-legal obligations on the basis of Art. 6 (1) (b) GDPR, this data will be routinely deleted after the retention periods have expired, provided that it is no longer required for the fulfillment of the contract or the initiation of the contract and/or there is no legitimate interest on our part in continuing to store it.
When processing personal data on the basis of Art. 6(1)(f) GDPR, this data is stored until the data subject exercises his or her right to object pursuant to Art. 21(1) GDPR, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
When processing personal data for the purpose of direct marketing on the basis of Article 6 (1) (f) GDPR, this data is stored until the data subject exercises his or her right to object pursuant to Article 21 (2) GDPR.
Unless otherwise stated in the other information in this statement about specific processing situations, stored personal data will otherwise be deleted when it is no longer necessary for the purposes for which it was collected or otherwise processed