Thank you very much for trusting the collection – gallery of digital art and welcome to the community!
1. Legal Basis
The EU General Data Protection Regulation, the Data Protection Act 2000 and the Data Protection Amendment Act 2018 serve the right to protection of personal data. the collection – gallery of digital art processes your data exclusively on the basis of the legal provisions (DSGVO, DSG 2018, TKG 2003).
2. Description of Services
The Website offers users a service allowing them to consult the catalogue of the various artworks offered for sale by the artists registered through the site, as well as to make offers to purchase artworks that are for sale.
Expenses (Internet, hardware...) incurred by the User to access the Site remain his/her responsibility.
Please note that this site is not intended for people under the age of 18 and the gallery does not knowingly collect data relating to such people.
3. Intellectual Property Rights
the collection – gallery of digital art is the exclusive owner of all intellectual property rights on both the development of the website and its content, unless expressly mentioned otherwise.
The site, brands, drawings and models, images, texts, photos, logos, graphic charters, animations, videos, software and programmes, search engines, databases, sounds, domain names, design and any other content available on the site, although this list is not exhaustive, are the exclusive property of the collection – gallery of digital art and are protected by the provisions of the copyright law, trademark laws, patent law and any other right of intellectual or industrial property in force.
The user must seek the prior approval of the collection – gallery of digital art for any reproduction, publication, copy of the various contents from the site.
4. Third-Party Links
5. Personal data
The personal data of the user are collected and kept by the collection – gallery of digital art to allow the implementation of these provisions.
The User has a right of access, modification, correction and deletion of his personal data processed via the site.
the collection – gallery of digital art reserves the right to retain certain data in order to justify, when necessary, the perfect execution of their contractual or legal obligations. The stored data will be limited to what is strictly necessary for the operation of the service. If you fail to provide personal data where the gallery needs it to collect personal data by law, or under the terms of a contract the gallery has with you and you fail to provide that data when requested, the collection – gallery of digital art may not be able to perform the contract it has or is trying to enter into with you (e. g. to provide you with an artwork). In this case, the gallery may have to cancel an order you have with the gallery but you will be notified, if this is the case at the time.
the collection – gallery of digital art is committed to take all necessary measures to best protect the confidentiality of the information provided by the User.
6. Disclosure of your personal data
the collection – gallery of digital art may have to share your personal data with the parties set out below:
our artists whose artwork is advertised on the website;
third parties the gallery needs to engage with in order to provide the artwork to you such as couriers; and
the collection – gallery of digital art requires all third parties to respect the security of your personal data and to treat it in accordance with the law. The gallery does not allow the third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with its instructions.
You will receive marketing communications from the collection – gallery of digital art, if you have given your express opt-in consent to receive marketing communications.
The gallery may use your identity data, contact data, technical data, usage data, and transaction and profile data to form a view on what may be of interest to you and share marketing material that might be relevant to you. Furthermore, you will be invited to exhibitions, informed about the artist of the month as well as about any relevant news, and notified, if the collection – gallery of digital art is present at any art fair.
You can ask the gallery to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you.
Opting out of receiving these marketing messages will not apply to personal data provided to the gallery as a result of any purchase you have made via the website.
In its relationship with the user, the collection – gallery of digital art shall not be held responsible for:
the interruption of operation of the site or inability to access it, or adverse conditions of usage of the site or/and any loss of data, time, opportunity and/or any other indirect damage related to the use of the site.
10. Your Legal Rights
Under certain circumstances, the user has the following rights under data protection laws in relation to his/her personal data:
Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data the gallery holds about you and to check that the collection – gallery of digital art is lawfully processing it.
Request correction of the personal data that the gallery holds about you. This enables you to have any incomplete or inaccurate data about you to be corrected, though the accuracy of the new data might need verification.
Request erasure of your personal data. This enables you to ask the collection – gallery of digital art to delete or remove personal data where there is no good reason for the gallery continuing to process it. You also have the right to ask the deletion or removal of your personal data where you have successfully exercised your right to object to processing (see below), where the gallery may have processed your information unlawfully or where it is required to erase your personal data to comply with local law. Note, however, that the gallery may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where the gallery is relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where the gallery is processing your personal data for direct marketing purposes. In some cases, the gallery may demonstrate that it has compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask the gallery to suspend the processing of your personal data in the following scenarios: (i) if you want us to establish the data's accuracy; (ii) where the gallery´s use of the data is unlawful but you do not want us to erase it; (iii) where you need the gallery to hold the data even if the gallery no longer requires it as you need it to establish, exercise or defend legal claims; or (iv) you have objected to the use of your data but the gallery needs to verify whether it has overriding legitimate grounds to use it.
Withdraw consent at any time where the collection – gallery of digital art is relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, the gallery may not be able to provide certain products or services to you. The gallery will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, please contact the gallery.
Usually, no fee is required.
You will not have to pay a fee to access your personal data. However, the collection – gallery of digital art may charge a reasonable fee, if your request is clearly unfounded, repetitive or excessive. Alternatively, the gallery may refuse to comply with your request in these circumstances.
the collection – gallery of digital art may need to request specific information from you to help confirming your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. The gallery may also contact you to ask you for further information in relation to your request to speed up our response.
the collection – gallery of digital art tries to respond to all legitimate requests within one month. Occasionally, it might take longer than a month, if the request is particularly complex or if you have made a number of requests. In this case, the gallery will endeavour to notify you and keep you updated.
11. Competent supervisory authority
If you believe that the processing of your data violates data protection law or your data protection rights have otherwise been violated in any way, you can complain to the supervisory authority. In Austria, this is the data protection authority, which you can contact here:
Austrian Data Protection Authority
Phone: +43 1 52 152-0
12. Data Controller
the collection – gallery of digital art