Privacy Policy

  1. General provisions
    1. This Privacy Policy sets out the rules for the processing of personal data obtained through the Art73 Gallery run via the website available at the address of the art73.gallery internet domain, hereinafter referred to as: "Website".
    2. The owner of the website and at the same time the data administrator is Art73 sp.z o.o. with headquarters in Warsaw, address: ul. Chmielna 73, postal code 00-801, entered by the District Court, Commercial Division ___ - KRS into the Register of Entrepreneurs of the National Court Register under no. KRS 0000870452 with the share capital of PLN 20,000 fully contributed; with NIP 5272942434, email address INFO@ART73.PL, tel. 0048-785558855, hereinafter referred to as the "Gallery".
    3. Personal data collected by the Gallery via the Website are processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of the Directive 95/46 / EC (General Data Protection Regulation), hereinafter referred to as "GDPR".
    4. The Gallery takes special care to respect the privacy of Users visiting the Website.
  2. Type of data processed, purposes and legal basis
    1. The gallery collects information on natural persons performing legal transactions not directly related to their activities, natural persons conducting business or professional activity on their own behalf and natural persons representing legal persons or organizational units that are not legal persons, to whom the law grants legal capacity, hereinafter jointly referred to as Users.
    2. Users' personal data are collected in the case of:
      1. account registration on the Website in order to store the User's data, enabling his identification and facilitating the placing of orders and obtaining other services provided by the Gallery by electronic means - legal basis: necessity to perform the contract for the provision of the Account service (Article 6 (1) (b) GDPR);
      2. subscription to the information service (Newsletter), in order to perform a contract, the subject of which is a service provided electronically - legal basis: consent of the data subject to perform the contract for the provision of the Newsletter service (Article 6 (1) (a) of the GDPR);
      3. placing orders on the Website, in order to perform a commission sale contract - legal basis: necessity to perform the sale contract (Article 6 (1) (b) of the GDPR).
    3. When registering an account on the Website, the User provides:
      1. e-mail adress;
      2. address data:
        1. post code and city;
        2. country (state);
        3. street with house / flat number.
      3. first name and last name;
      4. Phone number.
    4. When placing an order on the Website, the User provides the following data:
      1. e-mail adress;
      2. address data:
        1. post code and city;
        2. country (state);
        3. street with house / flat number.
      3. first name and last name;
      4. Phone number.
    5. In the case of Entrepreneurs, the above scope of data is additionally extended by:
      1. Entrepreneurs company;
      2. VAT ID number.
    6. In the case of using the Newsletter service, the User only provides his e-mail address.
    7. When using the Website, additional information may be downloaded, in particular: the IP address assigned to the User's computer or the external IP address of the Internet provider, domain name, browser type, access time, type of operating system.
    8. Navigational data may also be collected from Users, including information about links and links in which they decide to click or other activities undertaken on the Website (legitimate interest - Article 6 (1) (f) of the GDPR - consisting in facilitating the use of from services provided electronically and to improve the functionality of these services.
    9. In order to determine, investigate and enforce claims, some personal data provided by the User may be processed as part of using the functionalities on the Website, such as: name, surname, data regarding the use of services, if the claims result from the manner in which the User uses the services, other data necessary to prove the existence of the claim, including the extent of the damage suffered. Legal basis - a legitimate interest (Article 6 (1) (f) of the GDPR), consisting in establishing, pursuing and enforcing claims and defending against claims in proceedings before courts and other state authorities.
    10. The transfer of personal data to the Gallery is voluntary, in connection with the concluded sales contracts or the provision of services via the Website's Website, with the reservation, however, that failure to provide the data specified in the forms in the Registration process prevents Registration and setting up a User Account, and in the case of submitting orders without registering a User Account will prevent the submission and implementation of the User's order.
  3. Processors and duration of storage
    1. The User's personal data is provided to service providers used by the Gallery when running the Website. Service providers to whom personal data are transferred, depending on contractual arrangements and circumstances, or are subject to the Gallery's instructions as to the purposes and methods of data processing (processors) or independently define the purposes and methods of their processing (administrators).
      1. Processors. The Gallery uses suppliers who process personal data only at the request of the Gallery. They include, among others providers providing hosting services, accounting services, legal services providing marketing systems, systems for analyzing traffic on the Website, systems for analyzing the effectiveness of marketing campaigns;
      2. Administrators. The gallery uses suppliers who do not act solely on the instructions and set the goals and methods of using Users' personal data themselves. They provide electronic payment and banking services.
    2. Location. Service providers are based in Poland and other countries of the European Economic Area (EEA).
    3. Users' personal data are stored:
      1. If the basis for the processing of personal data is consent, the User's personal data is processed by the Gallery until the consent is revoked, and after the consent is revoked for a period of time corresponding to the period of limitation of claims that may be raised by the Gallery and which may be raised against him. Unless a special provision provides otherwise, the limitation period is six years, and for claims for periodic benefits and claims related to running a business - three years.
      2. If the basis for data processing is the performance of the contract, the User's personal data is processed by the Gallery for as long as it is necessary to perform the contract, and after that time for a period corresponding to the period of limitation of claims. Unless a special provision provides otherwise, the limitation period is six years, and for claims for periodic benefits and claims related to running a business - three years.
    4. In the event of a purchase on the Website, personal data may be transferred, depending on the User's choice, to the following entities in order to deliver the ordered goods:
      1. a courier company;
      2. the company InPost Paczkomaty Sp. z o.o. based in Kraków, providing delivery and service of the post office box system (Paczkomaty);
      3. Poczta Polska S.A. based in Warsaw.
    5. The navigation data may be used to provide Users with better service, analyze statistical data and adapt the Website to Users' preferences, as well as to administer the Website.
    6. If the User selects payment via the PayU system, his personal data is transferred to the extent necessary to make the payment to PayU S.A. with headquarters in Poznań (60-166), at ul. Grunwaldzka 182, entered into the Register of Entrepreneurs kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, VIII Commercial Division of the National Court Register under the number KRS 0000274399.
    7. If the User selects payment via the installment system "RatyPayU", his personal data is transferred to the extent necessary for the payment to PayU S.A. with its registered office in Poznań (60-324 Poznań, ul. Grunwaldzka 182), entered into the register of entrepreneurs kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, VIII Commercial Division of the National Court Register under the number KRS 0000274399.
    8. W przypadku, gdy Użytkownik wybierze płatność poprzez system przelewy24.pl, jego dane osobowe są przekazywane w zakresie niezbędnym dla realizacji płatności spółce PayPro S.A. z siedzibą w Poznaniu (60-327 Poznań, ul. Kanclerska 15), wpisanej do rejestru przedsiębiorców prowadzonego przez Sąd Rejonowy Poznań - Nowe Miasto i Wilda w Poznaniu, Wydział VIII Gospodarczy Krajowego Rejestru Sądowego pod numerem KRS 0000347935, NIP 7792369887, Regon 301345068.
    9. If the User selects payment via the dotpay.pl system, his personal data is transferred to the extent necessary for the payment to Dotpay sp.z o.o. with headquarters in Krakow (30-552), ul. Wielicka 72, entered into the Register of Entrepreneurs kept by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register under the KRS number 0000296790.
    10. If the User selects payment via the paypo.pl system, his personal data is transferred to the extent necessary for the payment to PayPo Sp. z o.o. with its seat in Warsaw (ul. Domaniewska 37, 02-672 Warsaw), entered into the register of entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, under the number KRS 0000575158, NIP: 5213705997, Regon 362485126.
    11. If the User subscribes to the newsletter, the Gallery will send electronic messages to his e-mail address containing commercial information about promotions and new products available on the Website.
    12. In the event of a request, the Gallery provides personal data to authorized state authorities, in particular to organizational units of the prosecutor's office, the Police, the President of the Office for Personal Data Protection, the President of the Office of Competition and Consumer Protection or the President of the Office of Electronic Communications.
    13. The gallery on the Website's Website provides the "Like" plugin of the social network facebook.com (administrator Facebook Ireland based in Ireland), hereinafter referred to as: Facebook. Via the "Like" plugin, Facebook collects information about the User's device, ie: operating system, hardware and software versions, battery consumption, signal strength, available memory, browser type, names and types of applications and files, and installed plugins. Additionally, Facebook collects information about device-related activities and behaviors, such as whether a window is open in the foreground or background, or information about mouse movements that help distinguish people from bots, unique identifiers, device identifiers, and other identifiers, e.g. from games, applications or accounts used by the User, family device identifiers (or other identifiers unique to Facebook products, associated with the same device or account). Facebook collects information, i.e .: device signals, including bluetooth signals and information about Wi-Fi access points, beacons and transmitters of cellular networks located nearby, data from device settings, including information that, with the User's permission, is obtained through device settings enabled by him, e.g. access to the User's GPS location, camera or photos. In terms of networks and connections, Facebook collects information, i.e .: name of the mobile network operator or internet provider used by the User, language, time zone, mobile phone number, IP address, connection speed, and in some cases information about other devices located in the near or in the User's network. If the User, while browsing the Gallery Website, uses a web browser and is logged into his Facebook user account, the "Like" plugin sends information to Facebook about visiting the Gallery Website. The data obtained by Facebook includes the Facebook user ID (known only to Facebook), the website visited, the date and time, and the above-mentioned data. The purpose of collecting data by Facebook is to use the obtained information to personalize the content presented on Facebook and to improve the services provided by Facebook. If the User additionally uses the "Like" function available on the Gallery Website, this activity will be recorded by Facebook as the content that the User prefers. If the User, while browsing the Gallery Website, uses a web browser in which he is not logged in to his Facebook account or does not have a Facebook account, then the "Like" plugin sends Facebook information about the visited page, date and time of visit and mentioned above. The purpose of collecting data by Facebook is to improve the services provided by Facebook.
  4. Cookie mechanism, IP address
    1. The website uses small files called cookies. They are saved by the Gallery on the end device of the visitor to the Website, if the web browser allows it. A cookie file usually contains the name of the domain it comes from, its "expiry time" and an individual, randomly selected number identifying this file. Information collected using this type of files helps to adjust the products offered by the Gallery to the individual preferences and real needs of visitors to the Website. They also enable the development of general statistics of visits to the presented products on the Website.
    2. The gallery uses two types of cookies:
      1. Session cookies: after the end of a browser session or turning off the computer, the saved information is deleted from the device's memory. The mechanism of session cookies does not allow the collection of any personal data or any confidential information from Users' computers.
      2. Persistent cookies: they are stored in the memory of the User's end device and remain there until they are deleted or expired. The mechanism of persistent cookies does not allow the collection of any personal data or any confidential information from the Users' computer.
    3. The gallery uses its own cookies for the purpose of:
      1. User authentication on the Website and ensuring the User's session on the Website (after logging in), thanks to which the User does not have to re-enter the login and password on each subpage of the Website;
      2. analysis and research as well as audience audit, and in particular to create anonymous statistics that help to understand how Customers use the Website, which allows improving its structure and content.
    4. The gallery uses external cookies in order to:
      1. popularizing the Website using the facebook.com social network (external cookie administrator: Facebook Inc. based in the USA or Facebook Ireland based in Ireland);
      2. popularizing the Website using the pinterest.com social network (external cookie administrator: Pinterest, Inc. based in the USA);
      3. collecting general and anonymous static data via Google Analytics analytical tools (external cookie administrator: Google Inc., based in the USA);
      4. presentation of the Reliable Certificate Regulations via the reliableregulamin.pl website (administrator of external cookies: Rzetelna Grupa sp.z o.o.with headquarters in Warsaw).
    5. The cookie mechanism is safe for the computers of the Website Users. In particular, it is not possible for viruses or other unwanted software or malware to enter Users' computers in this way. However, in their browsers, customers have the option to limit or disable the access of cookies to computers. If you use this option, the use of the Website will be possible, except for functions that, by their nature, require cookies.
    6. Below we present how you can change the settings of popular web browsers in the use of cookies:
      1. Internet Explorer browser;
      2. Microsoft EDGE browser;
      3. Mozilla Firefox browser;
      4. Chrome browser;
      5. Safari browser;
      6. Opera browser.
    7. The Gallery may collect Users' IP addresses. An IP address is a number assigned to the computer of a visitor to the Website by an internet service provider. The IP number allows you to access the Internet. In most cases, it is assigned dynamically to the computer, i.e. it changes every time you connect to the Internet. The IP address is used by the Gallery when diagnosing technical problems with the server, creating statistical analyzes (e.g. determining from which regions we record the most visits), as information useful in administering and improving the Website, as well as for security purposes and possible identification of connections burdening the server , unwanted automatic programs for viewing the content of the Website.
    8. The website contains links and references to other websites. The gallery is not responsible for the privacy protection rules applicable to them.
  5. Users' rights
    1. The right to withdraw consent - legal basis: art. 7 sec. 3 GDPR.
      1. The User has the right to withdraw any consent granted to the Gallery.
      2. Withdrawal of consent is effective from the moment the statement is received by the Gallery.
      3. Withdrawal of consent does not affect the processing carried out by the Gallery in accordance with the law before its withdrawal.
      4. Withdrawal of consent does not entail any negative consequences for the User, however, it may prevent further use of services or functionalities that, according to the law, the Gallery may only provide with consent.
    2. The right to object to data processing - legal basis: art. 21 GDPR.
      1. The User has the right to object at any time - for reasons related to his particular situation - to the processing of his personal data, including profiling, if the Gallery processes his data on the basis of a legitimate interest, e.g. marketing of the Gallery's products and services, keeping statistics on the use of individual functionalities of the Website and facilitating the use of the Website, as well as a satisfaction survey.
      2. Resignation in the form of an e-mail from receiving marketing messages regarding products or services will mean the User's objection to the processing of his personal data, including profiling for these purposes.
      3. If the User's objection turns out to be justified and the Gallery has no other legal basis to process personal data, the User's personal data will be deleted, the processing of which has been objected by the User.
    3. The right to delete data ("the right to be forgotten") - legal basis: art. 17 GDPR.
      1. The user has the right to request removal of all or some personal data.
      2. The User has the right to request the deletion of personal data if:
        1. personal data are no longer necessary for the purposes for which they were collected or processed;
        2. he withdrew his specific consent to the extent to which personal data were processed based on his consent;
        3. he objected to the use of his data for marketing purposes;
        4. personal data is processed unlawfully;
        5. personal data must be removed in order to comply with the legal obligation provided for in the Union law or the law of the Member State to which the Gallery is subject;
        6. the personal data has been collected in relation to the offering of information society services.
      3. Despite the request to delete personal data, in connection with the objection or withdrawal of consent, the Gallery may retain certain personal data to the extent that processing is necessary to establish, assert or defend claims, as well as to fulfill a legal obligation requiring processing by law Of the Union or the law of the Member State governing the Gallery. This applies in particular to personal data including: name, surname, e-mail address, which data are kept for the purpose of handling complaints and claims related to the use of the Gallery services, or additionally the address of residence / correspondence address, order number, which data are are kept for the purpose of considering complaints and claims related to concluded sales contracts or the provision of services.
    4. The right to limit data processing - legal basis: art. 18 GDPR.
      1. The User has the right to demand that the processing of his personal data be restricted. Submitting a request, pending its consideration, prevents the use of certain functionalities or services, the use of which will involve the processing of data covered by the request. The gallery will also not send any messages, including marketing messages.
      2. The User has the right to request the restriction of the use of personal data in the following cases:
        1. when he questions the correctness of his personal data - then the Gallery limits their use for the time needed to verify the correctness of the data, but no longer than for 7 days;
        2. when the processing of data is unlawful, and instead of deleting the data, the User demands restriction of their use
        3. when personal data are no longer necessary for the purposes for which they were collected or used, but they are needed by the User to establish, assert or defend claims;
        4. when he objected to the use of his data - then the restriction takes place for the time needed to consider whether - due to the special situation - the protection of the interests, rights and freedoms of the User outweighs the interests that the Administrator performs when processing the User's personal data.
    5. The right to access data - legal basis: art. 15 GDPR.
      1. The User has the right to obtain confirmation from the Administrator whether he processes personal data, and if so, the User has the right to:
        1. access your personal data;
        2. obtain information about the purposes of processing, categories of personal data processed, recipients or categories of recipients of these data, the planned period of storage of the User's data or the criteria for determining this period (when it is not possible to determine the planned period of data processing), about the rights of the User under the GDPR and about the right to lodge a complaint with the supervisory authority, about the source of this data, about automated decision-making, including profiling, and about the security measures applied in connection with the transfer of this data outside the European Union;
        3. obtain a copy of your personal data.
    6. The right to rectify data - legal basis: art. 16 GDPR.
      1. The User has the right to request the Administrator to immediately rectify his / her personal data that is incorrect. Taking into account the purposes of processing, the data subject has the right to request supplementing incomplete personal data, including by submitting an additional statement, directing the request to the e-mail address in accordance with §6 of the Privacy Policy.
    7. The right to data portability - legal basis: art. 20 GDPR.
      1. The User has the right to receive his personal data, which he provided to the Administrator, and then send it to another personal data administrator of his choice. The User also has the right to request that the personal data be sent by the Administrator directly to such an administrator, if technically possible. In this case, the Administrator will send the User's personal data in the form of a CSV file, which is a commonly used, machine-readable format that allows the received data to be sent to another personal data administrator.
    8. In the event that the User exercises the right resulting from the above rights, the Gallery complies with the request or refuses to comply with it immediately, but no later than within one month after receiving it. However, if - due to the complexity of the request or the number of requests - the Gallery will not be able to meet the request within a month, it will meet them within the next two months, informing the User within one month of receiving the request - about the intended extension of the deadline and its reasons.
    9. The User may submit complaints, inquiries and requests to the Administrator regarding the processing of his personal data and the exercise of his rights.
    10. The User has the right to request the Gallery to provide copies of standard contractual clauses by directing the inquiry in the manner indicated in §6 of the Privacy Policy.
    11. The User has the right to lodge a complaint with the President of the Personal Data Protection Office regarding the violation of his rights to the protection of personal data or other rights granted under the GDPR.
  6. Security management - password
    1. The Gallery provides Users with a secure and encrypted connection when sending personal data and when logging in to the User's Account on the Website. The gallery uses an SSL certificate issued by one of the world's leading companies in the field of security and encryption of data sent over the Internet.
    2. In the event that the User who has an account on the Website has lost the access password in any way, the Website allows you to generate a new password. The gallery does not send a password reminder. The password is stored in an encrypted form in a way that prevents its reading. In order to generate a new password, please provide your e-mail address in the form available under the link "Forgot your password?", Provided next to the account login form on the Website. The User will receive an e-mail containing a redirection to a dedicated form available on the Website, where the User will be able to set a new password, to the e-mail address provided during registration or saved in the last change of the account profile.
    3. The Gallery never sends any correspondence, including electronic correspondence with a request for login details, in particular the access password to the User's account.
  7. Changes to the Privacy Policy
    1. The Privacy Policy may change, about which the Gallery will inform Users 7 days in advance.
    2. Please send any questions related to the Privacy Policy to the following address: info@art73.pl
    3. Date posted: May 21, 2021