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). In the latter case, you can find the storage period in the overview of the cookie settings of your web browser.
If 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 protect our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the page visit.
You can set your browser so that you are informed about the setting of cookies and can decide individually about their acceptance or exclude the acceptance of cookies for certain cases or in general.
Please note that if you do not accept cookies, the functionality of our website may be limited.
When contacting us (e.g. via contact form or e-mail), personal data is processed – exclusively for the purpose of processing and responding to your request and only to the extent necessary for this purpose. The legal basis for processing this data is our legitimate interest in responding to your request pursuant to Art. 6 (1) lit. f GDPR. If your contact is aimed at a contract, the additional legal basis for processing is Art. 6 (1) lit. b GDPR. Your data will be deleted when the circumstances indicate 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 order processing
5.1 Insofar as necessary for the processing of the contract for delivery and payment purposes, the personal data collected by us will be passed on to the commissioned transport company and the commissioned credit institution in accordance with Art. 6 Para. 1 lit. b GDPR.
If we owe you updates for goods with digital elements or for digital products on the basis of a corresponding contract, we will process the contact data (name, address, e-mail address) provided by you when placing the order in order to inform you personally about upcoming updates within the legally stipulated period within the framework of our legal information obligations pursuant to Art. 6 (1) lit. c GDPR by suitable means of communication (e.g. by post or e-mail). Your contact data will be used strictly for the purpose of informing you about updates owed by us and will only be processed by us for this purpose to the extent necessary for the respective information.
In order to process your order, we also 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.
5.2 Transfer of personal data to shipping service providers
– German Post
If the goods are delivered by Deutsche Post (Deutsche Post AG, Charles-de-Gaulle-Straße 20, 53113 Bonn, Germany), we will forward your e-mail address to Deutsche Post in accordance with Art. 6 (1) (a) of the German Data Protection Regulation (GDPR) prior to delivery of the goods for the purpose of coordinating a delivery date or announcing delivery, provided you have given your express consent to this during the ordering process.
Otherwise, we will only pass on the name of the recipient and the delivery address to Deutsche Post for the purpose of delivery in accordance with Art. 6 Para. 1 lit. b GDPR. The disclosure is made only to the extent necessary for the delivery of goods. In this case, prior coordination of the delivery date with Deutsche Post or delivery notification is not possible.
The consent can be revoked at any time with effect for the future vis-à-vis the responsible person named above or vis-à-vis Deutsche Post.
If the goods are delivered by the transport service provider DHL (DHL Paket GmbH, Sträßchensweg 10, 53113 Bonn, Germany), we will pass on your e-mail address to DHL in accordance with Art. 6 Para. 1 lit. a GDPR prior to delivery of the goods for the purpose of coordinating a delivery date or for delivery notification, provided that you have given your express consent to this in the ordering process.
Otherwise, we will only pass on the name of the recipient and the delivery address to DHL for the purpose of delivery in accordance with Art. 6 Para. 1 lit. b GDPR. The disclosure is made only to the extent necessary for the delivery of goods. In this case, prior coordination of the delivery date with DHL or delivery notification is not possible.
The consent can be revoked at any time with effect for the future vis-à-vis the responsible person named above or vis-à-vis the transport service provider DHL.
If the delivery of the goods is carried out by the transport service provider Hermes (Hermes Logistik Gruppe Deutschland GmbH, Essener Straße 89, 22419 Hamburg), we will pass on your e-mail address to Hermes before the delivery of the goods in accordance with Art. 6 Para. 1 lit. a GDPR for the purpose of coordinating a delivery date or for delivery notification, provided that you have given your express consent for this in the ordering process. Otherwise, we will only pass on the name of the recipient and the delivery address to Hermes for the purpose of delivery in accordance with Art. 6 Para. 1 lit. b GDPR. The disclosure is made only to the extent necessary for the delivery of goods. In this case, prior coordination of the delivery date with Hermes or the transmission of status information of the shipment delivery is not possible.
The consent can be revoked at any time with effect for the future vis-à-vis the responsible person named above or vis-à-vis the transport service provider Hermes.
5.3 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.
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.
6) Tools and other
Cookie consent tool
This website uses a so-called “cookie consent tool” to obtain effective user consent for cookies and cookie-based applications that require consent. The “Cookie Consent Tool” is displayed to users in the form of an interactive user interface when they call up the page, on which consent for certain cookies and/or cookie-based applications can be given by ticking the appropriate box. By using the tool, all cookies/services requiring consent are only loaded if the respective user grants the corresponding consent by setting a check mark. This ensures that such cookies are only set on the respective user’s end device if consent has been granted. The tool sets technically necessary cookies to save your cookie preferences. Personal user data is generally not processed in this context.
If, in individual cases, personal data (such as the IP address) is processed for the purpose of storing, assigning or logging cookie settings, this is done in accordance with Art. 6 (1) f GDPR on the basis of our legitimate interest in legally compliant, user-specific and user-friendly consent management for cookies and thus in a legally compliant design of our website.
Further legal basis for the processing is Art. 6 para. 1 lit. c GDPR. As the responsible party, we are subject to the legal obligation to make the use of technically unnecessary cookies dependent on the respective user consent.
Further information on the operator and the setting options of the cookie consent tool can be found directly in the corresponding user interface on our website.
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.
7) Rights of the data subject
7.1 The applicable data protection law grants you the following data subject rights (rights of information and intervention) vis-à-vis the controller with regard to the processing of your personal data, whereby reference is made to the stated legal basis for the respective exercise prerequisites:
- Right to information pursuant to Art. 15 GDPR;
- Right to rectification pursuant to Art. 16 GDPR;
- Right to erasure pursuant to Art. 17 GDPR;
- Right to restriction of processing pursuant to Art. 18 GDPR;
- Right to information pursuant to Art. 19 GDPR;
- Right to data portability pursuant to Art. 20 GDPR;
- Right to withdraw consent granted pursuant to Art. 7(3) GDPR;
- Right to lodge a complaint pursuant to Art. 77 GDPR.
7.2 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.
8) 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.