Privacy policy

 

1. Data protection at a glance

 

General information

The following information provides a simple overview of what happens to your personal data when you visit this website. Personal data is any data that can be used to identify you personally. Detailed information on the subject of data protection can be found in our privacy policy listed below this text.

 

Data collection on this website

Who is responsible for the data collection on this website?

Data processing on this website is carried out by the website operator. You can find their contact details in the section "Note on the responsible body" in this privacy policy.

 

How do we collect your information?

On the one hand, your data is collected when you provide it to us. This can be, for example, data that you enter into a contact form.

Other data is collected automatically or with your consent when you visit the website by our IT systems. This is mainly technical data (e.g. Internet browser, operating system or time of page access). The collection of this data takes place automatically as soon as you enter this website.

 

What do we use your data for?

Part of the data is collected to ensure that the website is provided without errors. Other data may be used to analyze your user behavior.

 

What rights do you have regarding your data?

You have the right to receive information about the origin, recipient and purpose of your stored personal data at any time, free of charge. You also have the right to request the correction or deletion of this data. If you have given consent to data processing, you can revoke this consent at any time for the future. You also have the right to request the restriction of the processing of your personal data in certain circumstances. Furthermore, you have the right to lodge a complaint with the competent supervisory authority.

You can contact us at any time for this and other questions on the subject of data protection.

 

Analytics and third-party tools

When you visit this website, your surfing behaviour can be statistically evaluated. This is mainly done with so-called analysis programs.

Detailed information about these analysis programs can be found in the following privacy policy.

 

2. Hosting

We host the content of our website with the following provider: WIX

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The provider is Wix.com Ltd., 40 Namal Tel Aviv St., Tel Aviv 6350671, Israel (hereinafter referred to as "WIX").

WIX is a tool for creating and hosting web pages. When you visit our website, WIX is used to analyse user behaviour, visitor sources, website visitor region and visitor numbers. WIX stores cookies on your browser that are necessary for the presentation of the website and to ensure security (necessary cookies).

The data collected through WIX may be stored on various servers around the world.

WIX's servers are located in the USA, among other places.

Details can be found in WIX's privacy policy: https://de.wix.com/about/privacy.

According to WIX, data transfer to the USA and other third countries is based on the EU Commission's standard contractual clauses or comparable guarantees under Art. 46 GDPR. Details can be found here: https://de.wix.com/about/privacy-dpa-users.

The use of WIX is based on Art. 6 para. 1 lit. f GDPR. We have a legitimate interest in presenting our website as reliably as possible. If a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 (1) (a) GDPR and § 25 (1) TDDDG, insofar as the consent includes the storage of cookies or access to information in the user's end device (e.g. device fingerprinting) within the meaning of the TDDDG. The consent can be revoked at any time.

The company is certified according to the "EU-US Data Privacy Framework" (DPF). The DPF is an agreement between the European Union and the USA that is intended to ensure compliance with European data protection standards for data processing in the USA. Every company certified according to the DPF is committed to complying with these data protection standards. For more information, please contact the provider at the following link: https://www.dataprivacyframework.gov/participant/5626.

 

Order processing

We have concluded a contract processing agreement (DPA) for the use of the above-mentioned service. This is a contract required by data protection law that ensures that it processes the personal data of our website visitors only in accordance with our instructions and in compliance with the GDPR.

 

3. General information and mandatory information

 

Privacy

The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this data protection declaration.

When you use this website, various personal data is collected. Personal data is data that can be used to identify you personally. This privacy policy explains what data we collect and what we use it for. It also explains how and for what purpose this is done.

We would like to point out that data transmission on the Internet (e.g. when communicating by e-mail) may have security gaps. It is not possible to completely protect the data from access by third parties.

 

Note on the responsible body

The person responsible for data processing on this website is:

Gallery O Kai Stratmann

Carrà dei Nasi 11, CH-6612 Ascona

Phone: +41 78 265 82 95 E-mail: info@gallery-o.ch

The controller is the natural or legal person who, alone or jointly with others, decides on the purposes and means of the processing of personal data (e.g. names, e-mail addresses, etc.).

 

Storage period

Unless a specific storage period has been specified in this privacy policy, your personal data will remain with us until the purpose for which the data is processed no longer applies. If you assert a justified request for erasure or revoke consent to data processing, your data will be deleted, unless we have other legally permissible grounds for storing your personal data (e.g. retention periods under tax or commercial law); in the latter case, the deletion takes place after these reasons have ceased to exist.

 

General information on the legal basis of data processing on this website

If you have consented to data processing, we process your personal data on the basis of Art. 6 (1) (a) GDPR or Art. 9 (2) (a) GDPR, insofar as special categories of data are processed in accordance with Art. 9 (1) GDPR. In the case of explicit consent to the transfer of personal data to third countries, data processing is also carried out on the basis of Art. 49 (1) (a) GDPR. If you have consented to the storage of cookies or access to information in your device (e.g. via device fingerprinting), data processing is also carried out on the basis of Section 25 (1) TDDDG. The consent can be revoked at any time. If your data is required for the performance of a contract or for the implementation of pre-contractual measures, we process your data on the basis of Art. 6 (1) (b) GDPR. Furthermore, we process your data if it is necessary to comply with a legal obligation on the basis of Art. 6 (1) (c) GDPR. Data processing may also be carried out on the basis of our legitimate interest in accordance with Art. 6 (1) (f) GDPR. Information on the relevant legal bases in each individual case is provided in the following paragraphs of this data protection declaration.

 

Recipients of personal data

As part of our business activities, we work together with various external bodies. In some cases, it is also necessary to transmit personal data to these external bodies. We only pass on personal data to external bodies if this is necessary in the context of the performance of a contract, if we are legally obliged to do so (e.g. disclosure of data to tax authorities), if we have a legitimate interest in the disclosure in accordance with Art. 6 (1) (f) GDPR or if another legal basis allows the data transfer. When using processors, we only share our customers' personal data on the basis of a valid data processing agreement. In the case of joint processing, a joint processing contract is concluded.

 

Withdrawal of your consent to data processing

Many data processing operations are only possible with your explicit consent. You can revoke any consent you have already given at any time. The lawfulness of the data processing carried out up to the time of revocation remains unaffected by the revocation.

 

Right to object to data collection in special cases as well as to direct marketing (Art. 21 GDPR)

IF THE DATA PROCESSING IS CARRIED OUT ON THE BASIS OF ART. 6 PARA. 1 LIT. E OR F GDPR, YOU HAVE THE RIGHT TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA AT ANY TIME ON GROUNDS RELATING TO YOUR PARTICULAR SITUATION; THIS ALSO APPLIES TO PROFILING BASED ON THESE PROVISIONS. THE RESPECTIVE LEGAL BASIS ON WHICH PROCESSING IS BASED CAN BE FOUND IN THIS PRIVACY POLICY. IF YOU OBJECT, WE WILL NO LONGER PROCESS YOUR PERSONAL DATA UNLESS WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING THAT OUTWEIGH YOUR INTERESTS, RIGHTS AND FREEDOMS, OR THE PROCESSING SERVES TO ASSERT, EXERCISE OR DEFEND LEGAL CLAIMS (OBJECTION PURSUANT TO ART. 21 PARA. 1 GDPR).

IF YOUR PERSONAL DATA IS PROCESSED FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH MARKETING; THIS ALSO APPLIES TO PROFILING, INSOFAR AS IT IS RELATED TO SUCH DIRECT ADVERTISING. IF YOU OBJECT, YOUR PERSONAL DATA WILL THEN NO LONGER BE USED FOR THE PURPOSE OF DIRECT MARKETING (OBJECTION PURSUANT TO ART. 21 PARA. 2 GDPR).

 

Right to lodge a complaint with the competent supervisory authority

In the event of violations of the GDPR, the data subjects have the right to lodge a complaint with a supervisory authority, in particular in the Member State of their habitual residence, their place of work or the place of the alleged infringement. The right of appeal exists without prejudice to other administrative or judicial remedies.

 

Right to data portability

You have the right to have data that we process automatically on the basis of your consent or in fulfilment of a contract handed over to you or to a third party in a common, machine-readable format. If you request the direct transfer of the data to another controller, this will only be done to the extent that it is technically feasible.

 

Information, correction and deletion

Within the framework of the applicable legal provisions, you have the right to free information about your stored personal data, its origin and recipients and the purpose of the data processing at any time and, if necessary, a right to rectification or deletion of this data. You can contact us at any time for this and other questions on the subject of personal data.

 

Right to restriction of processing

You have the right to request the restriction of the processing of your personal data. You can contact us at any time for this. The right to restriction of processing exists in the following cases:

If you contest the accuracy of your personal data held by us, we will usually need time to verify this. For the duration of the audit, you have the right to request the restriction of the processing of your personal data.

If the processing of your personal data was/is unlawful, you can request the restriction of data processing instead of deletion.

If we no longer need your personal data, but you need it to exercise, defend or assert legal claims, you have the right to request the restriction of the processing of your personal data instead of erasure.

If you have filed an objection in accordance with Art. 21 (1) GDPR, a balancing of your interests and ours must be carried out. As long as it has not yet been determined whose interests prevail, you have the right to request the restriction of the processing of your personal data.

If you have restricted the processing of your personal data, this data may only be processed with your consent or for the establishment, exercise or defence of legal claims, or for the protection of the rights of another natural or legal person, or for reasons of important public interest of the European Union or of a Member State.

 

SSL or TLS encryption

This site uses SSL or TLS encryption for security reasons and to protect the transmission of confidential content, such as orders or inquiries that you send to us as the site operator. You can recognize an encrypted connection by the fact that the address bar of the browser changes from "http://" to "https://" and by the lock symbol in your browser line.

If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

 

Objection to advertising e-mails

The use of contact details published in the context of the imprint obligation for the sending of unsolicited advertising and information material is hereby contradicted. The operators of the pages expressly reserve the right to take legal action in the event of the unsolicited sending of advertising information, for example by spam e-mails.

 

4. Data collection on this website

 

Cookies

Our websites use so-called "cookies". Cookies are small data packets and do not cause any damage to your device. They are stored on your device either temporarily for the duration of a session (session cookies) or permanently (persistent cookies). Session cookies are automatically deleted at the end of your visit. Permanent cookies remain stored on your device until you delete them yourself or until your web browser automatically deletes them.

Cookies can come from us (first-party cookies) or from third-party companies (so-called third-party cookies). Third-party cookies enable the integration of certain third-party services within websites (e.g. cookies for processing payment services).

Cookies have different functions. Many cookies are technically necessary because certain website functions would not work without them (e.g. the shopping cart function or the display of videos). Other cookies may be used to evaluate user behavior or for advertising purposes.

Cookies that are necessary to carry out the electronic communication process, to provide certain functions that you have requested (e.g. for the shopping cart function) or to optimise the website (e.g. cookies to measure the web audience) (necessary cookies) are stored on the basis of Art. 6 (1) (f) GDPR, unless another legal basis is specified. The website operator has a legitimate interest in the storage of necessary cookies for the technically error-free and optimized provision of its services. If consent to the storage of cookies and comparable recognition technologies has been requested, the processing is carried out exclusively on the basis of this consent (Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TDDDG); consent can be revoked at any time.

You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general, and activate the automatic deletion of cookies when you close the browser. If you disable cookies, the functionality of this website may be limited.

You can find out which cookies and services are used on this website in this privacy policy.

 

Contact

If you send us enquiries via the contact form, your details from the enquiry form, including the contact details you provide there, will be stored by us for the purpose of processing the enquiry and in the event of follow-up questions. We do not pass on this data without your consent.

The processing of this data is carried out on the basis of Art. 6 (1) (b) GDPR if your request is related to the performance of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of the enquiries addressed to us (Art. 6 para. 1 lit. f GDPR) or on your consent (Art. 6 para. 1 lit. a GDPR), if this has been requested; consent can be revoked at any time.

The data you enter in the contact form will remain with us until you ask us to delete it, revoke your consent to the storage or the purpose for which the data is stored no longer applies (e.g. after your enquiry has been processed). Mandatory statutory provisions – in particular retention periods – remain unaffected.

 

Enquiry by e-mail, telephone or fax

If you contact us by e-mail, telephone or fax, your enquiry, including all personal data resulting from it (name, enquiry), will be stored and processed by us for the purpose of processing your request. We do not pass on this data without your consent.

The processing of this data is carried out on the basis of Art. 6 (1) (b) GDPR if your request is related to the performance of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of the enquiries addressed to us (Art. 6 para. 1 lit. f GDPR) or on your consent (Art. 6 para. 1 lit. a GDPR), if this has been requested; consent can be revoked at any time.

The data you send to us via contact requests will remain with us until you ask us to delete it, revoke your consent to its storage or the purpose for which it was stored no longer applies (e.g. after your request has been processed). Mandatory statutory provisions – in particular statutory retention periods – remain unaffected.

 

5. Newsletter

 

Newsletter data

If you would like to subscribe to the newsletter offered on the website, we need an e-mail address from you as well as information that allows us to verify that you are the owner of the e-mail address provided and that you agree to receive the newsletter. Other data is not collected or is only collected on a voluntary basis. We use this data exclusively for sending the requested information and do not pass it on to third parties.

The processing of the data entered in the newsletter registration form is carried out exclusively on the basis of your consent (Art. 6 para. 1 lit. a GDPR). You can revoke your consent to the storage of the data, the e-mail address and its use for sending the newsletter at any time, for example via the "unsubscribe" link in the newsletter. The lawfulness of the data processing operations that have already taken place remains unaffected by the revocation.

The data you have deposited with us for the purpose of subscribing to the newsletter will be stored by us or the newsletter service provider until you unsubscribe from the newsletter and will be deleted from the newsletter distribution list after you have unsubscribed from the newsletter or after the purpose has ceased to exist. We reserve the right to delete or block e-mail addresses from our newsletter distribution list at our own discretion within the scope of our legitimate interest in accordance with Art. 6 (1) (f) GDPR.

Data that has been stored by us for other purposes remains unaffected by this.

After you have unsubscribed from the newsletter distribution list, your e-mail address may be stored in a blacklist by us or the newsletter service provider, if this is necessary to prevent future mailings. The data from the blacklist will only be used for this purpose and will not be merged with other data. This serves both your interest and our interest in complying with the legal requirements when sending newsletters (legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR). The storage in the blacklist is not limited in time. You can object to the storage if your interests outweigh our legitimate interest.

 

6. Plugins and Tools

 

Google Maps

This site uses the Google Maps map service. The provider is Google Ireland Limited ("Google"), Gordon House, Barrow Street, Dublin 4, Ireland. With the help of this service, we can integrate map material on our website.

In order to use the functions of Google Maps, it is necessary to store your IP address. This information is usually transmitted to a Google server in the USA and stored there. The provider of this site has no influence on this data transfer. If Google Maps is enabled, Google may use Google Fonts for the purpose of displaying fonts consistently. When you call up Google Maps, your browser loads the required web fonts into your browser cache in order to display texts and fonts correctly.

The use of Google Maps is in the interest of an appealing presentation of our online offers and to make it easy to find the places we indicate on the website. This constitutes a legitimate interest within the meaning of Art. 6 (1) (f) GDPR. If a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 (1) (a) GDPR and § 25 (1) TDDDG, insofar as the consent includes the storage of cookies or access to information in the user's end device (e.g. device fingerprinting) within the meaning of the TDDDG. The consent can be revoked at any time.

The data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here:

https://privacy.google.com/businesses/gdprcontrollerterms/ and https://privacy.google.com/businesses/gdprcontrollerterms/sccs/.

You can find more information on the handling of user data in Google's privacy policy: https://policies.google.com/privacy?hl=de.

The company is certified according to the "EU-US Data Privacy Framework" (DPF). The DPF is an agreement between the European Union and the USA that is intended to ensure compliance with European data protection standards for data processing in the USA. Every company certified according to the DPF is committed to complying with these data protection standards. Further information can be obtained from the provider under the following link: https://www.dataprivacyframework.gov/participant/5780.

 

Google reCAPTCHA

We use "Google reCAPTCHA" (hereinafter "reCAPTCHA") on this website. The provider is Google Ireland Limited ("Google"), Gordon House, Barrow Street, Dublin 4, Ireland.

The purpose of reCAPTCHA is to verify whether data is entered on this website (e.g. in a contact form) by a human or by an automated program. To do this, reCAPTCHA analyzes the behavior of the website visitor based on various characteristics. This analysis begins automatically as soon as the website visitor enters the website. For analysis, reCAPTCHA evaluates various information (e.g. IP address, time spent on the website visitor or mouse movements made by the user). The data collected during the analysis is forwarded to Google.

The reCAPTCHA analyses run completely in the background. Website visitors are not informed that an analysis is taking place.

The storage and analysis of the data is carried out on the basis of Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in protecting its websites from abusive automated spying and spam. If a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 (1) (a) GDPR and § 25 (1) TDDDG, insofar as the consent includes the storage of cookies or access to information in the user's end device (e.g. device fingerprinting) within the meaning of the TDDDG. The consent can be revoked at any time.

For more information about Google reCAPTCHA, please refer to the Google Privacy Policy and the Google Terms of Service at the following links:

https://policies.google.com/privacy?hl=de and https://policies.google.com/terms?hl=de.

The company is certified according to the "EU-US Data Privacy Framework" (DPF). The DPF is an agreement between the European Union and the USA that is intended to ensure compliance with European data protection standards for data processing in the USA. Every company certified according to the DPF is committed to complying with these data protection standards. Further information can be obtained from the provider under the following link: https://www.dataprivacyframework.gov/participant/5780.

 

hCaptcha

We use hCaptcha (hereinafter "hCaptcha") on this website. The provider is Intuition Machines, Inc., 2211 Selig Drive, Los Angeles, CA 90026, USA (hereinafter referred to as "IMI").

The purpose of hCaptcha is to verify whether data is entered on this website (e.g. in a contact form) by a human or by an automated program. To do this, hCaptcha analyzes the behavior of the website visitor based on various characteristics. This analysis begins automatically as soon as the website visitor enters a website with hCaptcha enabled. For analysis, hCaptcha evaluates various information (e.g. IP address, time spent on the website by the website visitor or mouse movements made by the user). The data collected during the analysis is forwarded to IMI. If hCaptcha is used in "invisible mode", the analyses run completely in the background. Website visitors are not informed that an analysis is taking place.

The storage and analysis of the data is carried out on the basis of Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in protecting its websites from abusive automated spying and spam. If a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 (1) (a) GDPR and § 25 (1) TDDDG, insofar as the consent includes the storage of cookies or access to information in the user's end device (e.g. device fingerprinting) within the meaning of the TDDDG. The consent can be revoked at any time.

The data processing is based on standard contractual clauses contained in the Data Processing Addendum to IMI's General Terms and Conditions or the Data Processing Agreements.

For more information about hCaptcha, please refer to the Privacy Policy and Terms of Use at the following links:

https://www.hcaptcha.com/privacy and https://hcaptcha.com/terms.

The company is certified according to the "EU-US Data Privacy Framework" (DPF). The DPF is an agreement between the European Union and the USA that is intended to ensure compliance with European data protection standards for data processing in the USA. Every company certified according to the DPF is committed to complying with these data protection standards. Further information on this can be obtained from the provider under the following link: https://www.dataprivacyframework.gov/participant/6388.

 

Friendly Captcha

We use Friendly Captcha (hereinafter "Friendly Captcha") on this website. The provider is Friendly Captcha GmbH, Am Anger 3-5, 82237 Woerthsee, Germany.

The purpose of Friendly Captcha is to verify whether the data input on this website (e.g. in a contact form) is made by a human or by an automated program. To do this, Friendly Captcha analyzes the behavior of the website visitor based on various characteristics. For analysis, Friendly Captcha evaluates various information (e.g. anonymized IP address, referrer, time of visit, etc.). For more information, please visit: https://friendlycaptcha.com/legal/privacy-end-users/.

The storage and analysis of the data is carried out on the basis of Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in protecting its websites from abusive automated spying and spam. If a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 (1) (a) GDPR and § 25 (1) TDDDG, insofar as the consent includes the storage of cookies or access to information in the user's end device (e.g. device fingerprinting) within the meaning of the TDDDG. The consent can be revoked at any time.

 

Source: https://www.e-recht24.de