Privacy policy
Under Articles 13 and 14 of Regulation (EU) 2016/679 (General Data Protection Regulation, “GDPR”), the controller must inform data subjects about the processing of personal data. This document informs you about the personal data we process.
Definitions
To make this privacy policy easier to understand, you will find a short explanation of the terms used below.
Personal data (“data”) means any data containing information about the personal or material circumstances of natural persons, for example name, address, email address, phone number, date of birth, age, gender, social security number, video recordings, photos etc. Data of legal entities is not subject to the provisions of the GDPR.
Processing means any operation or set of operations performed on personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Controller means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient means a natural or legal person, public authority, agency or another body to which the personal data is disclosed, whether a third party or not.
Our contact details
If you have any further questions, we, as the controller of the data processing described here, are happy to assist you at the following contact details:
Galerieformat e.U.
Krottenbachstraße 122/18/6, 1190 Vienna, Austria
a.fuenf@galerieformat.at
Purposes and legal basis of processing
Data may only be processed for a specific purpose and only if the processing can be based on a corresponding legal basis. Processing may be justified on the following grounds:
| Justification | Legal basis |
|---|---|
| based on your voluntary consent for a specific purpose | Art 6(1)(a) |
| for the performance of a contract to which you are a party, or in order to take steps prior to entering into a contract at your request | Art 6(1)(b) |
| for compliance with a legal obligation to which we are subject | Art 6(1)(c) |
| in order to protect your vital interests or those of another person | Art 6(1)(d) |
| for the performance of a task carried out in the public interest or in the exercise of official authority vested in us | Art 6(1)(e) |
| based on a balancing of interests between our interest or the interest of a third party in the processing on the one hand and your interests or fundamental rights and freedoms on the other | Art 6(1)(f) |
We process your data for the following purposes on the following legal bases:
| Data categories collected | Purpose of processing | Legal basis |
|---|---|---|
| Contact data (name, email address, phone number, reason for enquiry, content of your message) | This data is collected when you contact us via our contact form or by email. It is necessary to process your enquiry and to take steps prior to entering into a contract – for example when you apply for an exhibition slot as an artist. | Art 6(1)(a) and (b) GDPR |
| Newsletter data (email address, classification as artist or art lover) | This data is collected only if you actively subscribe to our newsletter and is used to send information about exhibitions, opening nights and available exhibition slots. | Art 6(1)(a) GDPR |
| Technical information (IP address, operating system) | This data is required so that the website you open can be displayed correctly. | Art 6(1)(f) GDPR |
Recipients
Recipients support us in complying with legal obligations, in preparing and performing contracts, in providing services that require your consent, or in carrying out processing that is in our legitimate interest. We transfer or disclose data in particular to the following recipients (processors or controllers):
| Recipient | Description |
|---|---|
| IT service providers | Operation of our IT systems, in particular email services, hosting services etc. |
| Subcontractors | If and to the extent that services are not provided by us and a justification exists |
| Tax advisors, accountants | Processing of data for tax or accounting reasons |
| Lawyers, courts, debt collection agencies | Where applicable, to assert or defend claims |
We only transfer your data to other recipients if you have given your express consent under Art 6(1)(a) GDPR, if this is legally permitted and required under Art 6(1)(b) GDPR for the performance of a contract with you, if we are subject to a legal obligation under Art 6(1)(c) GDPR, or if the transfer is necessary under Art 6(1)(f) GDPR to protect our legitimate interests or to establish, exercise or defend legal claims and there is no reason to assume that you have an overriding interest worthy of protection in your data not being transferred.
We intend to transfer data to the following third countries: United States of America.
An adequacy decision of the European Commission exists for the United States of America. In its decision of 10 July 2023, C(2023) 4745 final available here, the European Commission decided that the United States of America provides an adequate level of data protection within the meaning of Art 45 GDPR if our contractual partner is registered in the EU–US Data Privacy Framework list available here. Information on the registration of individual providers in this list can be found in the respective section of this privacy policy.
Where no adequacy decision exists, we may only transfer data on the basis of appropriate safeguards, such as standard contractual clauses, binding corporate rules, approved codes of conduct, approved certification mechanisms etc. Under the conditions of Art 49 GDPR, a transfer may nevertheless be permissible. We will be happy to provide you with a copy of these safeguards for your specific case on request.
We do not intend to transfer data to an international organisation.
Storage period
Data is generally only stored for as long as is required by statutory retention obligations. Data may also be stored beyond that period if this is necessary to assert or defend against third-party claims. Important retention periods are listed below:
| Retention obligation | Expected storage period |
|---|---|
| Retention obligation under company law, Sections 190, 212 of the Austrian Commercial Code (UGB) | 7 years |
| VAT retention obligation for invoices under Section 11(2) subpara 3 of the Austrian VAT Act (UStG) | 7 years |
| VAT retention obligations for export documents under Section 7(7) UStG | 7 years |
| Warranty under Section 933 of the Austrian Civil Code (ABGB) | 2 years |
| Purchase price claims for movable property under Section 1062 in conjunction with Section 1486 ABGB | 3 years |
| Claims from a contract for work and services under Section 1486 ABGB (where the service was provided in the course of a commercial or other business operation) | 3 years |
| General damages under Section 1489 ABGB (compensation claims) | 3 years/30 years |
| Liability claims under Section 13 of the Austrian Product Liability Act (PHG) | 10 years |
Web hosting
OnePage.io
We use OnePage as our website builder and hosting platform. The provider is OnePage GmbH, Gaustraße 13-15, 55116 Mainz, Germany (hereinafter: OnePage).
- Type of data: IP address, browser type, access times.
- Purpose: Hosting and technical provision of the website. OnePage also receives and stores the data you submit via our forms (contact enquiries, newsletter subscriptions).
- Special note: As OnePage is a German company, data is primarily processed on servers within the EU (often in Germany), which guarantees a high level of data protection.
- Legal basis: Art 6(1)(f) GDPR (legitimate interest). A data processing agreement (DPA) has been concluded.
- Further information: You can find further details in the privacy policy available here.
Google services
General
The provider of the following services is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland. Google's privacy policy is available here.
However, some services (such as Google Maps) are provided by or transferred to the following company: Google LLC, 1600 Amphitheatre Pkwy, Mountain View, California 94043-1351, USA. Google LLC is based in a third country. Google LLC is registered in the list, so the data transfer to the USA complies with data protection law within the meaning of Art 45 GDPR. Further information on the certification of Google LLC can be found in the overview available here.
Some Google services use cookies. An overview of the cookies used, their purpose and storage period can be found in the cookie section of this privacy policy. Your consent within the meaning of Art 6(1)(a) GDPR and Section 165(3) of the Austrian Telecommunications Act (TKG) is obtained before Google services are used and the necessary cookies are set. You can withdraw your consent at any time.
Google Maps
We embed map material from Google Maps on our website to make it easier for you to find our gallery.
- Type of data: IP address, location data and information about your device and browser.
- Purpose: Displaying our location and making it easier to find us.
- Legal basis: Your consent (Art 6(1)(a) GDPR, Section 165(3) TKG), which you give via the cookie notice when you first visit our website.
- Note: When you open the page showing our location, the map is loaded. This establishes a connection to Google's servers and transfers your IP address to Google.
- Further information: You can find further details in the Google Maps terms of use available here.
Newsletter
On our website you can subscribe to our newsletter. When doing so, you indicate whether you are interested in our information as an artist or as an art lover, so that we can send you content that is as relevant as possible.
- Type of data: Email address and your classification as an artist or art lover.
- Purpose: Sending information about exhibitions, opening nights and available exhibition slots.
- Legal basis: Your express consent (Art 6(1)(a) GDPR). You can withdraw your consent at any time with effect for the future – via the unsubscribe link in the newsletter or informally by email.
- Storage period: Your data is stored until you unsubscribe from the newsletter or withdraw your consent.
GetResponse
We use the GetResponse service to send our newsletter. The provider is GetResponse S.A., based in Gdańsk, Poland. As the company is based in the European Union, processing takes place within the scope of the GDPR. You can find further details in the privacy policy available here.
Cookies
Cookies are text files that are stored on your device in order to recognise it. Cookies may contain information about the use of our offers and services. Following the ruling of the European Court of Justice in Planet49 GmbH, consent is obtained for cookies even if they do not contain personal data.
Some of the cookies used are only stored until you close our website (session cookies), while certain cookies are stored for longer periods so that you can be recognised (persistent cookies). Some cookies are strictly necessary for the website to function (essential cookies), others record and measure visits and the visitor's origin without being able to link this data to your person (performance cookies). Certain cookies are used for marketing purposes (marketing cookies).
Where individual cookies we use also process personal data, the processing is carried out under Art 6(1)(b) GDPR for the performance of the contract, under Art 6(1)(a) GDPR if consent has been given, or under Art 6(1)(f) GDPR to protect our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the user experience.
Via the cookie notice on your first visit to the website, you can choose which cookies you want to allow. Your consent is required for marketing cookies. If you want to withdraw your consent or change your cookie settings, you can do so directly in your browser.
Information on your rights
Right of access
You have the right to request confirmation as to whether personal data is being processed; if this is the case, you have a right of access to this personal data. This includes the following information: the purposes of processing; the categories of personal data; the recipients or categories of recipients; where possible, the envisaged period for which the personal data will be stored or, if that is not possible, the criteria used to determine that period; the existence of a right to rectification or erasure of the personal data concerned, to restriction of processing by the controller, or to object to such processing; the existence of a right to lodge a complaint with a supervisory authority; any available information on the origin of the data; the existence of automated decision-making, including profiling.
Right to rectification
You have the right to obtain from the controller the rectification of inaccurate personal data and the completion of incomplete personal data.
Right to erasure
You have the right to obtain from the controller the erasure of personal data without undue delay where one of the following grounds applies: The personal data is no longer necessary for the purposes for which it was collected. You withdraw the consent on which the processing was based and there is no other legal basis for the processing. You object to the processing (Art 21(1) GDPR) and there are no overriding legitimate grounds for the processing, or you object to the processing under Art 21(2) GDPR. The personal data was processed unlawfully. Erasure of the personal data is necessary to comply with a legal obligation. The personal data was collected in relation to information society services offered in accordance with Article 8(1). The right to erasure does not apply to the extent that processing is necessary for exercising the right of freedom of expression and information; for compliance with a legal obligation; for the performance of a task carried out in the public interest; for reasons of public interest in the area of public health; for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes; or for the establishment, exercise or defence of legal claims.
Right to restriction of processing
You have the right to obtain restriction of processing where one of the following applies: the accuracy of the personal data is contested, for a period enabling the controller to verify the accuracy of the personal data; the processing is unlawful and you oppose the erasure of the personal data and request the restriction of its use instead; the controller no longer needs the personal data, but you require it for the establishment, exercise or defence of legal claims; you have objected to processing pursuant to Article 21(1) pending verification of whether the legitimate grounds of the controller override yours.
Where processing has been restricted, such personal data may, with the exception of storage, 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.
Right to data portability
You have the right to receive the personal data you have provided to a controller in a structured, commonly used and machine-readable format, and you have the right to transmit this data to another controller without hindrance from the controller to which the personal data was provided, where the processing is based on consent or on a contract and the processing is carried out by automated means.
In exercising your right to data portability, you have the right to have the personal data transmitted directly from one controller to another, where technically feasible.
Right to object
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data which is based on Art 6(1)(e) or (f) GDPR; this also applies to profiling based on those provisions. The controller will no longer process the personal data unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the establishment, exercise or defence of legal claims.
Where personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data for such marketing; this also applies to profiling to the extent that it is related to such direct marketing.
Right to withdraw consent
You have the right to withdraw consent given under Art 6(1)(a) or Art 9(2)(a) at any time, without affecting the lawfulness of processing based on consent before its withdrawal.
Right to lodge a complaint
You have the right to lodge a complaint with the Austrian Data Protection Authority (Österreichische Datenschutzbehörde), Barichgasse 40-42, 1030 Vienna, phone: +43 1 52 152-2569, email: dsb@dsb.gv.at, if you consider that the processing infringes applicable data protection law.
Other information
The provision of personal data is partly required by law or necessary for the conclusion of a contract. You are generally not obliged to provide the data. If you do not provide the data, no contract can be concluded.
There is no automated decision-making, including profiling, pursuant to Article 22(1) and (4).