Marble Surface

Terms and Privacy Policy

2020

WEBSITE PRIVACY POLICY

 

  1. PREAMBLE AND ACCEPTANCE

 

This website privacy policy (the "Privacy Policy") governs your relationship with the website accessible at www.patrickvollmar.com, managed by Daniel Mosini (the "Agent", "we", "us", "our"), headquartered in St-Prex. 

 

Please read this Privacy Policy carefully before using the Website. This Privacy Policy explains how your personal information is collected, used and protected. Your access to the Website is conditional upon your acceptance of the Privacy Policy and your conduct in accordance with it.

 

By using the Website, you agree to be bound by this Privacy Policy and you consent to our collection, use and processing of your personal data in accordance with it. If you do not consent to the terms of this Privacy Policy, please do not use the Website.

You have the right to withdraw your consent at any time, provided, however, that such withdrawal :

 

- does not affect the lawfulness of any processing carried out prior to such withdrawal and based on your consent;

 

- may result in you no longer being able to make use of certain features of the Website.

 

2.         DATA CONTROLLER

 

If you have any questions, feel free to contact us at patrickvollmart@.com We will be happy to answer them.

 

 

3.         GENERAL PRINCIPLES

 

3.1 Our Website contains the following information and enables us to provide the following services:

 

(i) presentation of the artist's universe and his works of art

 

(ii) information on the artist's exhibitions and prices

 

(iii) creation of a photography editing of certain works in a particular place (on request)

 

(iv) form to contact us (contact form)

 

(v) links to other websites

 

3.2 This Privacy Policy sets out our policies and procedures relating to the collection and processing of data identifying you (i.e. your "Personal Data") that you may provide to us by visiting our Website, including by using any of the services described in section 3.1 above.

 

 

3.3 This Privacy Policy does not apply to offline services offered by us.

 

 

4.         PERSONAL DATA THAT WE COLLECT AND THE PURPOSES OF THEIR COLLECTION

 

A.        Sources of collection

 

4.1 The Personal Data we collect through our Website fall into two categories:

 

(i) Cookies and Similar Technologies (infra B.)

 

(ii) Personal Data that you provide to us (see C.)

 

B.        Cookies

 

What are Cookies and Similar Technologies and what information do they collect?

 

4.2.      Cookies are small data files that are sent from a website to your browser and stored on your device (computer or mobile device). Other tracking technologies also used ("Similar Technologies") are beacons, tags, and scripts used to collect and track information and to improve and analyze our Website.

 

4.3.      Through the use of Cookies and Similar Technologies, we may collect Personal Data when you visit our Website. In particular, we may identify certain usage data when you browse or click on content.

 

4.4.      The following information and Personal Data is collected by means of Cookies and similar Technologies:

 

(i) the IP address of the device that can connect to the Internet and request the connection,

 

(ii) the date and time of the connection,

 

(iii) the resources you access on the Website,

 

(iv) the name and URL of the file consulted,

 

(v) the website/application from which the connection was established (URL of

reference),

 

(vi) the browser you are using and, if necessary, the operating system of your Internet-enabled device, as well as the name of your service provider.

 

 

4.5.      In order to control/limit the collection of this information, you may:

 

(i) if this feature is available, configure your browser to refuse all Cookies and similar Technologies or to indicate when a Cookie or similar Technology is being sent,

 

(ii) erase Cookies and similar Technologies and clean up your browsing data directly from your browser settings.

 

If you do not accept certain Cookies or similar Technologies, you may not be able to access certain features of the Site.

 

 

4.6.      List of Cookies and Similar Technologies we use:

 

(i) Session Cookies/similar Technologies: Cookies/similar Technologies

used to operate the Website.

 

(ii) Cookies/similar preference technologies: Cookies/similar preference technologies used to save your preferences and various settings.

 

(iii) Cookies/similar security technologies: Cookies/similar technologies used for security purposes.

 

(iv) Cookies/similar technologies from external services: Cookies/Technologies similar services used for the purpose of providing an interactive service such as form

contact.

 

(v) Cookies/similar analysis technologies: Cookies/similar technologies used for the purpose of measuring activity on the Website.

 

For what purpose do we collect information using Cookies or Similar Technologies (Purpose)?

 

4.7.      We process Personal Data through the use of Cookies or Similar Technologies in order to :

 

(i) allow access to our Website,

 

(ii) to make certain features of our Website accessible and to provide you with additional functionality,

 

(iii) improve the Website,

 

(iv) store information about your preferences, allowing us to

customize our Website in accordance with your personal interests,

 

(iv) speed up your research,

 

(vi) to collect behavioural and statistical information relating to the use of the Website, in particular to measure the audience and usage patterns.

 

Reason for processing

 

4.8 The purpose of implementing the above is to maintain and monitor the performance of our Website and to constantly pursue the improvement of the site and the services offered to our users. The grounds on which we justify the processing of your Personal Data is article 13 al. 1 and 2 LPD, which authorises us to process Personal Data when such processing is necessary for the purposes of our legitimate interests.

 

4.9 In addition, the implementation of Cookies and similar Technologies mentioned above whose potential would exceed our legitimate interests (e.g. analysis cookies) are justified by the acceptance that you provide us through the banner relating to cookies.

 

C.        Personal data you provide us with

 

What Personal Data do you communicate to us?

 

4.10 We collect Personal Data that you provide to us on a voluntary basis, when, through our Website, you :

 

(i) fill in the form allowing you to contact us (contact form),

 

(ii) complete the form to make an appointment with the agent and/or artist,

 

(iii) you register for an event,

 

(v) fill in the form to subscribe to the newsletter.

 

4.11 This Personal Data may include your first and last name, title, telephone number, email address, employer(s) or company, photograph, fields of activity, languages, timetable, as well as any other data that may appear in a message or registration for an event that you may submit to us.

 

What we collect Personal Data for (purpose)?

 

4.12 We use the Personal Data you provide to us for the following purposes:

 

(i) to enable you to participate in the interactive features of the Website when you wish to do so,

 

(iii) to process requests made through the contact form,

 

(iii) to achieve the purpose for which you have provided us with Personal Data.

 

 

 

 

Reason for processing

 

4.13 The ground on which we justify the processing of your Personal Data is article 13 al. 1 LPD, which authorises us to process Personal Data when the person concerned has given his consent to the processing of his Personal Data.

 

 

5.         PERSONAL DATA COLLECTED BY THIRD PARTIES (LINK TO OTHER WEBSITES OR SOCIAL MEDIA)

 

5.1.      This Privacy Policy does not cover how your personal data is processed by third parties when we link to their websites. We encourage you to read the privacy policies of other websites you visit.

 

5.2.      Our Website may contain links that take you to social networks such as Facebook, Twitter, Instagram, YouTube and LinkedIn (the "Social Network"), as well as to other websites, in order to enable you to access content available on these platforms. When you access the Social Network or another website through our Website, the responsibility for complying with applicable data protection requirements rests with the provider of the service.

 

5.3.      When you establish a connection to a Social Network or website, your browser connects directly to the server of the service provider concerned. Through this connection, the Social Network or Website receives information that your browser has accessed on the relevant page of our Website, even if you do not have an account with the Social Network or if you are not logged in to the Social Network. This information (including your IP address) is transmitted from your browser directly to the service provider's server and stored there. If you are logged into your account with the relevant Social Network, the Social Network can immediately link your visit to our Website to your account. If you interact with your Website, for example by clicking on the "Like" or "Share" icon, this information will also be transmitted directly to the Social Network service provider's server and stored there.

 

5.4.      Please refer to the privacy policy of the relevant Social Network or Website for information in relation to the purpose and scope of the collection of Personal Data by the relevant service provider, the further processing and use of such Personal Data by the relevant service provider, as well as the related rights and settings to enable the protection of your Personal Data.

 

 

6.         DISCLOSURE OF YOUR PERSONAL DATA TO THIRD PARTIES

 

6.1 We may provide access to the Personal Data that you have provided to us through our Website to certain independent contractors and affiliated companies to assist us in the operation of the Website. To date, these contractors are as follows:

 

(i)         Wix.com Inc. - 500 Terry Francois Blvd., 6th Floor, San Francisco, CA 94158 USA.

(ii)        Daniel Mosini

 

6.2 We take all necessary steps to ensure that Your Personal Data is treated securely and in accordance with this Privacy Policy and applicable law. All of our contractors are committed to protecting Personal Data using procedures similar to ours, unless otherwise provided for in this Privacy Policy.

 

6.3 The purpose of sharing your Personal Data with the aforementioned third parties is to conduct our business, as well as to maintain and seek to constantly improve our Website and the services offered to our users. The grounds on which we justify the processing of Personal Data is Article 13 al. 1 and 2 DPA when such processing is necessary for the purposes of our legitimate interests.

 

 

7.         COMMUNICATION OF YOUR PERSONAL DATA TO THE AUTHORITIES

 

7.1 We may disclose your Personal Data if we consider it necessary for security reasons, to investigate a potential breach or other violation of this Privacy Policy and/or to prevent harm to other users of our Website. Accordingly, we may need to disclose your Personal Data to investigate, respond to or resolve a complaint or dispute in connection with our Website.

 

7.2 We may be required to disclose Your Personal Data where we are required to do so by law or where we have a good faith belief that such disclosure is necessary to :

 

(i) investigate, prevent or take action in relation to potential or actual illegal activities or to assist administrative enforcement authorities,

 

(ii) execute an agreement between us and you,

 

(iii) investigate and defend against any complaint or allegation by third parties,

 

(iv) protect the security and integrity of our Website, or

 

(v) exercise and protect the rights and safety of our users, employees or others.

 

7.3 We attempt to notify users of third party requests relating to their Personal Data where this is appropriate in our view and where technically feasible, except where prohibited by law or an order of authority or where the request is urgent. We may challenge such requests when, in our sole discretion, we consider that the request is too broadly formulated, too vague or unfounded, but we do not guarantee to challenge any request.

 

7.4 The purpose of sharing your Personal Data with the above-mentioned authorities is to meet our obligation under Article 13 al. 1 LPD, which authorises us to process Personal Data when such processing is necessary to comply with a legal obligation to which we are subject.

 

 

 

8.         NON-DISCLOSURE OF YOUR PERSONAL DATA FOR COMMERCIAL PURPOSES

 

8.1 We do not sell your Personal Data to third parties. We do not share or otherwise make available your Personal Data to third parties, except as otherwise provided in this Privacy Policy.

 

 

9.         TRANSBORDER DISCLOSURE OF PERSONAL DATA

 

9.1.      As a result of certain services provided by third parties, we may transfer your Personal Data to one of their databases outside the European Economic Area, potentially to a country that does not have a level of personal data protection comparable to that prevailing in Switzerland or the European Economic Area. In this case, and unless otherwise provided for in this Privacy Policy, we will enter into an agreement with the third party service provider to ensure an adequate level of protection for your Personal Data.

 

 

10.       PROTECTION OF YOUR PERSONAL DATA AND NOTIFICATION OF A DATA BREACH

 

10.1 We undertake to use all commercially reasonable means to prevent any exposure or disclosure of your Personal Data. In particular, we implement and maintain measures (including administrative, physical and technical measures) to deal with unauthorised disclosures or exposures of your Personal Data.

 

10.2 In the event of an actual or suspected breach of your Personal Data, we will (i) use our best efforts to notify you without delay, where technically feasible, and (ii) cooperate with you to investigate and resolve the breach, including, without limitation, providing reasonable assistance in notifying affected third parties. We undertake to provide you with access, without delay and upon reasonable request, to our records relating to the breach of your Personal Data, provided, however, that this does not give you access to records that belong to other users or that may compromise their security.

 

10.3 In the event of a breach or suspected breach of Personal Data, we will notify the relevant authority under applicable law.

 

 

11.       MANAGEMENT OF YOUR PERSONAL DATA (YOUR RIGHTS)

 

11.1 Right to access, update and delete your Personal Data: To the extent possible, you may access, update or request the deletion of your Personal Data by contacting us at patrickvollmart@gmail.com.

 

11.2 Right of rectification: You have the right to obtain the rectification of the Personal Data concerning you if they are inaccurate or incomplete.

 

11.3 Right to object: You have the right to object to the processing of your Personal Data.

 

11.4 Right to limit processing: You have the right to obtain a limitation of the processing of your Personal Data.

 

11.5 Right to Portability of Personal Data: You have the right to obtain a copy of your Personal Data in a structured, commonly used and machine-readable format.

 

11.6 Right to Withdraw Consent: You have the right to withdraw your consent at any time when the processing of your Personal Data relies on it.

 

11.7 Right to complain to an authority: You have the right to complain to a data protection authority about the collection and use of your Personal Data. For more information, please contact the locally competent data protection authority in Switzerland or abroad.

 

11.8 We may ask you to prove your identity before responding to a request based on the above rights or otherwise related to your Personal Data.

 

 

12.       RETENTION OF YOUR PERSONAL DATA

 

12.1 We retain the Personal Data you provide to us to the extent required to access and use our Website and the functionality on it, as well as to the extent required to comply with our legal obligations (for example, if we are required to retain your Personal Data under applicable law), to resolve a dispute or to enforce agreements we have entered into and our internal regulations.

 

12.2.    The retention period for Cookies and similar Technologies depends on their purpose and is always the same regardless of who the Personal Data relates to.

 

12.3 We reserve the right to retain data in a de-identified (i.e. anonymous) form after deletion of your Personal Data.

 

 

13.       SECURITY OF YOUR PERSONAL DATA

 

13.1.    We attach great importance to the security of your Personal Data. However, no method of communication over the Internet or method of electronic storage guarantees 100% security. Therefore, although we strive to use commercially acceptable technical and organisational means to protect your Personal Data, we cannot guarantee its absolute security.

 

 

14.       PERSONAL DATA RELATING TO CHILDREN

 

14.1 We do not provide services directly to children and we do not proactively collect Personal Information from children.

 

 

15.       CHANGES TO THIS PRIVACY POLICY

 

15.1 We may change this Privacy Policy at any time by posting a new version on the home page of the Website or a deeper page without prior notice. If we do so, you will be notified by a notice on the home page of our Website. By continuing to access or use our Website after the effective date of such change, you agree to be bound by the revised Privacy Policy. If you do not agree to these changes, please do not use our Website.

 

15.2.    We undertake to always treat your Personal Data in accordance with the Privacy Policy in force at the time of collection.

 

15.3.    The new version of the Privacy Policy shall be effective on the day of its publication, the day mentioned under the title of this Privacy Policy corresponding to the effective date.

 

 

16.       MISCELLANEOUS

 

16.1 Any failure by us to enforce any provision of this Privacy Policy shall not be construed as a waiver of such provision or prerogative.

 

16.2.    If any provision of this Privacy Policy is held to be invalid or unenforceable by any judicial authority, the remaining provisions of this Privacy Policy shall not be affected thereby.

 

16.3.    This Privacy Policy constitutes the entire agreement between us and you with respect to the privacy policy of our Website. It supersedes and replaces any prior agreement we may have in relation to the privacy policy of our Website.

 

 

17.       QUESTION OR COMPLAINT?

 

17.1.    Please do not hesitate to contact us at patrickvollmart@gmail.com if you have any questions in relation to this Privacy Policy.

 

17.2.    You may also contact us by postal mail at the address of Daniel Mosini, Chemin du Chauchy 5a, 1162 Saint-Prex, Switzerland.

 

17.3.    Please note your right to file a complaint with the supervisory authority if you consider that your Personal Data is not treated in accordance with this Privacy Policy or applicable law.