The purpose of this Privacy and Cookie Policy(herein called the « Privacy Policy ») is to formalize our commitmentto respect the privacy of users of the www.xizagallert.com website which is operated by XIZA Gallery.
The Privacy Policy and the Terms and Conditions ofUse form a contractual whole. All capitalized terms not defined in this Policyare defined in the Terms andConditions of Use.
As part of the provision of our Site, we processyour personal data in accordance with the General Data Protection Regulation2016/679 of 27 April 2016 (« GPDR ») and under the conditions set outbelow.
Personal data refers to any information relating toan identified or identifiable natural person. We collect and process personaldata in the context of providing our Services or communicating about themexclusively, in strict compliance with the GDPR.
We only collect personal data that is adequate,relevant and limited to what is necessary for the purposes for which they are processed.Thus, you will never be asked to provide information on personal dataconsidered « sensitive », such as your racial or ethnic origins,political, philosophical, or religious opinions.
By registering on the Site, you authorize us toprocess your personal data in accordance with the Privacy Policy. If you do notagree with the terms of this Policy, please do not use the Site and itsServices.
1. In which cases do we collectyour personal data and what data is collected?
We may collect and store your personal data,particularly when you:
– browse the Site
– create / modify a User Account
– create / modify a Seller Account
– apply to be part of our Sellers
– create / modify a Basket on our site
– make a purchase on our site
– create / modify a Wishlist on our website
– add or withdraw an Artist from your favorites
– subscribe to our Newsletter
– contact us.
We use your personal data to enable theimplementation and management of the Site Services and to respond to yourspecific requests. We also use your personal data to operate and improve ourServices, our Site and our approach. This information is only used by us andallows us to better tailor our Services to your expectations.
As far as Sellers are concerned, we use personaldata exclusively for the creation of individual profiles published on the Siteand for the Contact Service.
If you have opted to receive emails and newslettersfrom us when you create your Account, you will then receive emails about ournew artwork and promotions. We will then use the personal data you providedwhen you registered. You can unsubscribe from these mailings at any time.
1.1 Navigation on the Site
1.1.1. Login Data: Each time you connect to ourSite, we collect personal data such as, but not limited to, your IP address andMAC address of your computer, the date and time of connection, and informationabout the browser you are using.
1.1.2. Navigation data: we also collect informationto identify how you access the Site, which pages you visit and for how long. Inthis context, we may use Cookies as specified in paragraph 6 below.
1.2 Creating a User Account or aSeller Profile
Access to some of our Services requires the priorcreation of an Account. In accordance with the Terms and Conditions of Use, youwill be asked to provide a certain amount of personal data when creating yourAccount, including your first and last name and, your e-mail address.
When creating a personalized profile on the Site,each Seller communicates his or her name, first name, artist name, date ofbirth, postal address, email address, telephone number, profile picture,website address (if applicable) and personal pages on Facebook, Twitter, andInstagram Social Networks, biography, training, main exhibitions, and bankinginformation.
1.3 Sale of artworks
As part of the sale of an artwork (and the possiblecompletion of Formalities), you will be asked for information relating to eachwork necessary for its sale, including one or more photos of the work, itstitle, date of creation, technique, dimensions, and price.
1.4 Payment
In order to enable you to make payment for yourpurchases on XIZA Gallery, you agree that we may use payment service providerswho may collect your personal data in order to ensure the proper functioning ofcredit card payment processing and, where applicable, product deliveryservices.
To pay for your purchase, you must provide yourbilling and payment details, i. e.:
– your card number
– the name of the cardholder
– the validity date and security codes
We keep details of your payments, as well asdetails of the purchases you make. Transaction details are kept either at XIZAGallery or at the external service provider. This retention is for internalpurposes, including accounting, compliance and legal purposes, in accordancewith paragraph 5 of this Privacy Policy.
1.5 Subscribing to our Newsletter
When creating your Account, you may give your priorconsent to receive our newsletters regarding new works, services and promotionsas part of the Services.
In any event, you have the right to withdraw yourconsent to receive such information letters at any time and without chargeunder the conditions provided for in paragraph 6 of the Privacy Policy.
1.6 Contacts
In order to respond to requests, you may make toour Customer Service, to confirm information and all transactions on yourAccount and to provide you with information about the Services (for example, ifyou lose your password or if changes are made to the Terms of Use), we will useyour full name and email address.
2. How do we protect yourpersonal data?
We have put in place technical and organizationalsecurity measures to ensure the security, integrity and confidentiality of allyour personal data, in order to prevent it from being distorted, damaged oraccessed by unauthorized third parties. We ensure an appropriate level ofsecurity, considering the state of knowledge, the costs of implementation andthe nature, scope, context and purposes of the processing operation as well asthe risks and their probability.
However, it is specified that no security measurebeing infallible, XIZA Gallery is not in a position to guarantee absolutesecurity for your personal data.
In addition, you are responsible for maintainingthe confidentiality of the password used to access your Account. Do not sharethis information with anyone. If you share your computer, remember to log outbefore leaving a Service.
3. When do we share your personaldata?
3.1 Sharing your personal datawith third parties
When you browse the Site, your personal data may betransmitted to external service providers. These third parties provide aservice on our behalf and in our name to ensure the smooth operation of creditcard payments and other Services.
Personal data may be transferred to countriesoutside the European Union (such as the United States, Morocco and Madagascar)in order to process your requests, enter formalities and host and securepersonal data.
In accordance with the DGPS, all transfers ofpersonal data to a country outside the European Union and/or not offering alevel of protection considered sufficient by the European Commission have beensubject to cross-border flow agreements in accordance with the standardcontractual clauses enacted by the European Commission and declared to theCNIL. Other transfers of personal data to the United States, in particular forcustomer relationship management (CRM), are governed by the US – U.S. PRIVACYSHIELD (European Union-United States Data Protection Shield): click here for more information
Except in the event that a third party asks you toaccept a privacy policy and its own terms of use, the third-party companiesthat have received your personal data have undertaken to process your personaldata solely for the purpose of implementing the Services.
We will never share your personal data with thirdparties for marketing and/or commercial purposes without your prior consent.
3.2 Sharing with the authorities
We may disclose your personal data toadministrative or judicial authorities when their disclosure is necessary forthe identification, arrest or prosecution of any individual likely to prejudiceour rights, any other user or a third party. Finally, we may be legallyrequired to disclose your personal data and cannot object in this case.
4. How long do we keep yourpersonal data?
We will only keep your personal data for theduration of your registration on the Site in order to ensure youridentification when you connect to your Account and to allow the provision ofthe Services.
Thus, if you unsubscribe from the Site, yourpersonal data will be deleted and only kept in the form of an archive for thepurpose of establishing proof of a right or contract.
In any event, we will keep your personal data forno longer than is necessary for the purposes for which they are processed inaccordance with the uses set out in this Privacy Policy and in compliance withlaws and regulations.
5. Cookies: how do we use them?
5.1 What is a cookie?
A cookie is a text file that can be placed in aterminal when viewing an online service with a browser. In particular, a cookiefile allows its issuer, during its validity period, to recognise the relevantterminal each time it accesses digital content containing cookies from the sameissuer.
In any case, cookies placed on your navigationdevice with your consent are destroyed 13 months after they are placed on yourdevice.
5.2 What are the cookies issuedon our Site used for?
The cookies we issue allow us to:
– establish statistics and volumes of visits anduse of the various elements composing our Site (sections and contents visited,routes), allowing us to improve the interest and ergonomics of our services;
– adapt the presentation of our Site to the displaypreferences of your device when you visit our Site, depending on the viewing orreading hardware and software that your device contains;
– store information relating to works you haveconsulted on our Site (wishlist, content of an order basket, etc.);
– allow you to access restricted and personal areasof our Site, such as your account, using identifiers or data that you may havepreviously provided to us and to implement security measures, for example whenyou are asked to log back into a content or service after a certain period oftime.
– build a profile of your interests in order todisplay relevant ads on other sites, in conjunction with our advertisingpartners. Their operation uniquely identifies your computer and browser.
You can manage / disable these cookies by going tothe interfaces for managing your advertising preferences of our partners:
Facebook Ads/Targeting (Your Facebook publicationpreferences)
Google Ads/Targeting (Your Google publicationpreferences)
When you browse the Site, cookies from socialnetworks may also be generated, in particular through the sharing buttons thatcollect personal data.
5.3 How can you control thecookies used?
When you first visit the Site, a « popin » window from our Cookies Managing Tool « Axeptio » willappear on your home page. A clickable link provides more information on thepurpose and operation of cookies and links to this Policy. You can express hereyour cookies preferences, by either accepting all of them, refusing all ofthem, or chose from all the cookies list the ones you accept and the ones youdon’t.
You can come back to this Axeptio pop in at anytime during your navigation on our site, to change your cookiespreferences.
You can also set up your browser preferences inorder to either accept or block all cookies.
Warning: any setting may change your Internetbrowsing and your conditions of access to certain services requiring the use ofcookies. We decline any responsibility regarding the consequences related tothe degraded functioning of our services resulting from the impossibility ofrecording or consulting the cookies necessary for their functioning and thatyou have refused or deleted. This would be the case if you attempted to accessour content or services that require you to be identified. This would also bethe case if we (or our service providers) could not recognize, for technicalcompatibility purposes, the type of browser your device uses, its language anddisplay settings, or the country from which your device appears to be connectedto the Internet.
For more information on cookies, you can visit the CNIL website.
6. What are your rights?
You have a lot of rights relating to your personalinformation :
The right to be informed about how your personalinformation is being used
The right to access the personal information we hold about you
The right to request the correction of inaccurate personal information we holdabout you
The right to request that we delete your data, or stop processing it orcollecting it, in some circumstances
The right to stop direct marketing messages, which you can do through MyAccount, and to withdraw consent for other consent-based processing at any time
The right to request that we transfer or port elements of your data either toyou or another service provider.
If you want to exercise your rights, have acomplaint, or just have questions, please contact us : contact@xizagallery.com or at the following postaladdress: Merwedestraat 43, 9725KA, Groningen, The Netherlands.
7. How to request the deletion ofyour personal data ?
You may at any time request that we delete yourdata, stop processing or collecting it, or stop sending you information oremails.
If you wish to exercise this right, please contactus at the following address following postal address: Merwedestraat 43, 9725KA,Groningen, The Netherlands (indicating « Privacy – DataProtection »), or by email at contact@xizagallery.com.
8. Can we change the PrivacyPolicy?
We reserve the right to modify the Privacy Policyat any time. It is therefore recommended that you consult it regularly. In theevent of any changes, we will post such changes on this page and in such placesas we deem appropriate, depending on the purpose and significance of thechanges made.
Your use of the Site after any changes mean thatyou accept those changes. If you do not agree to certain material changes tothis Policy, you must stop using the Site.
9. Contact for your questionsregarding your personal data
If you have any questions about your personal dataor if you wish to delete your Account, please contact us at the followingaddress following postal address: Merwedestraat 43, 9725KA, Groningen, TheNetherlands (indicating « Privacy – Data Protection »), or by emailat contact@xizagallery.com.
10. The National Commission forInformation Technology and Liberties (« CNIL »)
<p »>XIZA Gallery has carried out thepreliminary formalities imposed by the Dutch Data Protection Act with the CNIL.