LEGAL
Privacy policy with Cookie Policy
Your privacy is important to Photential and we are committed to protecting your personal data. This privacy policy provides information about the personal data that we collect, and how and why Photential collects, stores, uses and shares your personal data.
We are the controller and responsible for your personal data. The website www.photential.art is owned and operated by Photential Art S.Lwith itsregistered office at Calle de Alberto Bosch 12, 4b, 28014, Madrid, Spain.
If you have any questions related to this Privacy Policy or collection, storage and processing of your personal data in connection with it, you can reach us at the abovementioned address, as well as you can contact our Data Protection Officer who is responsible for overseeing questions in relation to this privacy policy, including any requests to exercise your legal rights. Contact details of our Data Protection Officer are set below:
Dmitry Kurbatov: d.kurbatov@photential.art
What data do we collect?
When you visit our website or use our services, we collect your personal data. “Personal data” means any information which relates to a living, identifiable person. It can include names, addresses, telephone numbers, email addresses, etc. but it is wider than that and includes any other information relating to that person or a combination of information which, if put together, means that the person can be identified.
Our company collects the following data:
– Identity Data which includes first name, last name, username or similar identifier, title, date of birth;
– Contact Data which includes billing address, delivery address, email address and telephone numbers;
– Financial Data which includes bank account and payment card details that are necessary for the performance of transactions on our website;
– Profile Data which includes your username and password, purchases or orders made by you;
– Marketing and Communications Data which includes your preferences in receiving marketing information from us and our third party agents and your communication preferences;
– Transaction Data which includes details about payments to and from you and other details of products and services you have purchased from us;
– Technical Data which includes internet protocol (IP) address, your login data, browser type and version, time zone, setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our website;
– Any other information which you provide to us.
We do not collect any special categories of personal data (which include sensitive personal information such as details about your race, ethnicity, religious beliefs, political affiliation and sexual orientation).
How do we collect your data?
We collect most of this information from you directly, for example, Identity Data, Contact Data, Financial Data and Transaction Data when you fill in forms, correspond with us by email, phone, post or otherwise when you:
– subscribe to services or create an account on our website;
– purchase products and/or services from us;
– subscribe to our publications, such as our e-newsletter;
– request promotional material or information to be sent to you;
– enter a promotion or survey; or
– give us some feedback.
However, we also collect information from automated technologies, such as cookies which collect Technical Data about your equipment and browsing activities. Please see our cookie policy, which is set out further on in this Privacy Policy.
How and why we use your personal information?
Under General Data Protection Regulation, we can only use your personal data if we have proper reason for doing so, for example
- to comply with our legal and regulatory obligations;
- for the performance of our contract with you or to take steps at your request before entering into a contract;
- for our legitimate interests or those of a third party;
- to protect the vital interests of a person;
- to perform of a task carried out in the public interest;
- or you have given consent.
A legitimate interest is when we have a business or commercial reason to use your information, provided this is not overridden by your own rights and interests.
In the table below you can see how we use your personal data and our reasons to do so:
| What we use your personal data for | Type of Data | Our reasons |
| To register you as a new customer/user | IdentityContactProfile | Performance of a contract with you |
| To provide our products and services to you including:managing payments;collecting and recovering money owed to us. | IdentityContactFinancialTransaction | For the performance of our contract with you or to take steps at your request before entering into a contract; Necessary for our legitimate interests (to recover debts due to us) |
| To manage our relationship with you which will include:notifying you about changes to our terms of business or privacy policy;providing you with information relating to products and services you have purchased from us, e.g. entry times for an exhibition;enabling you to take part in a competition or requesting you to leave a review or feedback. | IdentityContactProfileMarketing & Communications | For the performance of our contract with you; Necessary to comply with a legal obligation; For our legitimate interests or those of a third party (to give customers necessary information to enable them to use our products/services, to obtain customer feedback and learn how customers use our products and services) |
| Promoting our services and those of selected third parties to:existing and former customers of our products and services;third parties who have previously expressed an interest in our products and services. | IdentityContactProfileMarketing & Communications | For our legitimate interests or those of a third party (to develop our products and services, and grow our business) |
| To administer and protect our business and our website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) To ensure business policies are adhered to, e.g. policies covering security and internet use To ensure the confidentiality of commercially sensitive information | IdentityContactTechnical | For our legitimate interests or those of a third party (for running our business and network security); To comply with our legal and regulatory obligations |
| Providing information to professional advisers and to external auditors for the accountability purposes and audit of our accounts | IdentityContactFinancialTransaction | To comply with our legal and regulatory obligations |
We will only use your data for purposes for which we collected it, unless we reasonably consider that we need to use it for another reason, and that reason is compatible with the original purpose. If we need to use your personal data for an unrelated purpose, we will inform you and explain the legal basis which allows us to do so.
Promotional Communications
If you consent to do so, we will use your personal data to send you updates (by email, telephone or post) about our events, courses and exhibitions that might be of interest to you and/or information about our services, including our e-newsletter, which may contain exclusive offers and promotions.
We can ask you to confirm or update your marketing preferences if you purchase products or services from us, or subscribe to our e-newsletter, or request updates or information about our products and services in the future, or if there are changes in the law or the structure of our business.
If you have agreed to receive marketing or promotional communications, you may always opt out at a later date.
You have the right at any time to stop Photential from contacting you for marketing or promotional purposes.
If you no longer wish to be contacted for marketing or promotional purposes, please contact us at hello@photential.art
Who we share your personal data with?
Where we disclose your personal information to our agents or sub-contractors for these purposes, the agent or sub-contractor in question will have to use that personal information in accordance with the terms of this privacy policy.
In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, we may disclose your personal information to the extent that we are required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend our legal rights.
We only allow our service providers to handle your personal data if we are satisfied they take appropriate measures to protect your personal data. We also impose contractual obligations on service providers to ensure they can only use your personal data to provide services to us and to you.
We can disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.
It is also possible that we will need to share some personal data with other parties, such as potential buyers of some or all of our business or during a re-structuring. Usually, information will be anonymised, but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.
Where do we store your personal data?
Information is held at our office and those of our third party agencies, service providers, representatives and agents as described above (see ‘Who we share your personal data with’).
Some of these third parties may be based outside the European Economic Area. For more information, including on how we safeguard your personal data when this occurs, see below: ‘Transferring your personal data out of the EEA’.
How long do we store your data?
We will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. We will conduct regular reviews of the personal data we are holding and delete any data we no longer require.
In terms of cookies use, Photential commits to keep persistent cookies for no longer than 12 months (for more info, see “What types of cookies do we use?” section below).
Transferring your personal data out of the EEA
To deliver services to you, it is sometimes necessary for us to share your personal data outside the European Economic Area (EEA), eg:- with your and our service providers located outside the EEA;
– if you are based outside the EEA;
These transfers are subject to special rules under European and Spanish data protection law.
If you would like further information, please contact us (see ‘How to contact us’ below).
What are your data protection rights?
Photential would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following rights:
To access – the right to be provided with a copy of your personal data
To rectification – the right to require us to correct any mistakes in your personal data and the right to complete the information you believe is incomplete
To erase – the right to require us to delete your personal data in certain situations
To restrict processing – the right to require us to restrict processing of your personal data in certain circumstances, e.g. if you contest the accuracy of the data
To object to processing – the right to object at any time to your personal data being processed for direct marketing (including profiling) and in certain other situations to our continued processing of your personal data, e.g. processing carried out for the purpose of our legitimate interests.
To data portability – the right to request us to transfer the data that we have collected to another organization, or directly to you, under certain conditions
Not to be subject to automated individual decision-making – the right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you
For further information on each of those rights, including the circumstances in which they apply, please contact us or see the website of the Spanish Data Protection Agency (AEPD, Spanish: Agencia Española de Protección de Datos) at https://www.aepd.es/es or the website of the European Commission on the Data Protection in the EU at https://ec.europa.eu/info/law/law-topic/data-protection/data-protection-eu_en
If you would like to exercise any of those rights, please:
- email, call or write to our data protection manager—see below: ‘How to contact us’; and
- let us have enough information to identify you (e.g. your full name, address and client reference number);
- let us have proof of your identity and address (a copy of your driving licence or passport and a recent utility or credit card bill); and
- let us know what right you want to exercise and the information to which your request relates.
Keeping your personal data secure
We have appropriate security measures to prevent personal data from being accidentally lost or used or accessed unlawfully. We limit access to your personal data to those who have a genuine business need to access it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.
We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
Cookies
Cookies are text files placed on your computer to collect standard Internet log information and visitor behavior information. When you visit our websites, we will give you the options as to the way you prefer us to handle cookies.
For further information, visit allaboutcookies.org.
Cookie Usage and how to manage cookies
There are instances where we may use cookies to gather information regarding our services in a mathematical collection for our website. Any information collected will not have any identifying data. It is statistical data about our visitors and how they have used our site. No personal details will be shared that could identify you. We can assemble information about your common internet use with a cookie file. When used, the cookies are downloaded to your computer automatically. The cookie is stored on the hard drive, with transferred information. The data sought by the cookie helps us improve our website and any service offered to you.
When you enter Photential’s website, you are given options as to the use of cookies by us. In any case, your browser has the ability to decline cookies. This is done by setting your browser options to decline all cookies and the above website tells you how to remove cookies from your browser (for further info, see https://www.allaboutcookies.org/manage-cookies/stop-cookies-installed.html). Note: if you do decline the download of cookies, some aspects of our website may not work or allow you access.
What types of cookies do we use?
In terms of the duration, there are two types of cookies: – Session cookies – these cookies are temporary and expire once you close your browser (or once your session ends);
– Persistent cookies — this category encompasses all cookies that remain on your hard drive until you erase them or your browser does, depending on the cookie’s expiration date. All persistent cookies have an expiration date written into their code, but their duration can vary. In compliance with the ePrivacy Directive, Photential commits to keep persistent cookies for no longer than 12 months.
Cookies can also be classified according to the purpose of their use. Our website uses the following cookies: – Strictly necessary cookies — these cookies are essential for you to browse the website and use its features, such as accessing secure areas of the site. Cookies that allow web shops to hold your items in your cart while you are shopping online are an example of strictly necessary cookies;
– Preferences cookies — also known as “functionality cookies,” these cookies allow a website to remember choices you have made in the past, like what language you prefer, what region you would like weather reports for, or what your user name and password are so you can automatically log in;
– Statistics cookies — also known as “performance cookies,” these cookies collect information about how you use a website, like which pages you visited and which links you clicked on. None of this information can be used to identify you. It is all aggregated and, therefore, anonymized. Their sole purpose is to improve website functions. This includes cookies from third-party analytics services;
– Marketing cookies — these cookies track your online activity to help advertisers deliver more relevant advertising or to limit how many times you see an ad. These cookies can share that information with other organizations or advertisers.
Privacy policies of other websites
Our Website includes links to third-party websites (such as, for example, our social media accounts on Instagram and Facebook, links to Twitter accounts, etc.). Our privacy policy applies only to our website, so if you click on a link to another website, you should read their privacy policy.
Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy policies.
Changes to our privacy policy
Photential keeps its privacy policy under regular review and places any updates on this web page. This privacy policy was last updated on March 2, 2021.
How to contact us?
If you have any questions about Photential’s privacy policy, the data we hold on you, or you would like to exercise one of your data protection rights, please do not hesitate to contact us.
Email us at: hello@photential.art
Email our Data Protection Officer at: d.kurbatov@photential.art
Call us: +34 634 757 354
Or mail us at: Calle de Alberto Bosch 12, 4b, 28014, Madrid, Spain
How to contact the appropriate authority?
Should you wish to report a complaint or if you feel that Photential has not addressed your concern in a satisfactory manner, you may contact the Spanish Data Protection Agency:
Tel: +34 901 100 099; +34 912 663 517
Address: C/ Jorge Juan, 6. 28001 – Madrid, Spain
Conditions of sale
- TERMS AND DEFINITIONS
- In the present Conditions of Sale, “we” or “us” means “Photential Art S.L.”, and “you” means the client;
- These Conditions of Sale (hereinafter “General Conditions”), regulate the legal relationships that emerge in the course of sales realized by you on the website www.photential.art and the owner of the website, Photential Art S.L. with CIF B88367883, located at Calle de Alberto Bosch 12, 4b, 28014, Madrid, Spain;
- On the website www.photential.art various items, such as artworks by photographers and merchandise, are being displayed for sales;
- In the case of the sales of artworks by photographers, Photential Art S.L. concludes the contract on behalf and in the name of the corresponding photographer;
- You accept the General Conditions from the moment you use or contract any service provided or purchase any product offered by Photential Art S.L.;
- You can print and store these General Conditions;
- In case you have any questions as to the General Conditions, you can contact us by sending an email to hello@photential.art
- PLACEMENT OF THE ORDER
- In order to place an order on our website, you have to be at least 18 years old and the capacity to enter into contracts;
- By placing an order on our website, you are making an offer and Photential Art S.L. reserves a right as to whether to accept such an offer;
- By placing an order on our website, you declare that the data and the information that you provided at the time of the registration and placing the order are truthful;
- You can place the order at out website www.photential.art or, in exceptional cases provided by these General Conditions (such as in the case of B2B sales), by contacting us at hello@photential.art;
- When placing the order of the selected items, you will be required to accept the present General Conditions;
- In order to place your order at our website www.photential.art, you have to have internet access;
- Before starting the purchase process, you have to complete the registration as a user by filling in an electronic form;
- Once the registration process is completed, an email confirming the registration will arrive a the electronic address indicated during the registration;
- Once registered, you can proceed with the purchasing process of the items added to your basket or continue browsing the website to add new products to the basket;
- After completing the registration process and once all the items that you are wishing to purchase are added to the basket, the purchase is continued arriving at the screen allowing you to choose the Payment Methods, Methods of Shipping and Modification(if required) of the billing and/or shipping information;
- Once the purchase is made and as quickly as possible, within a reasonable time, Photential Art S.L. will send customers an email with the receipt of the order that will contain the summary of the purchase, as well as payment information if applicable and shipping data and billing;
- Orders can be placed 24 hours 365 days of the year, although the orders placed after 5pm CET may not be processed until the following working day in the city of Madrid (orders that are received on the weekend or during a festive day will be processed the following Monday or the first workday following the festivity).
- PRICES
- Prices of the items indicated on our website include VAT;
- The price of the item will be indicated in your order and/or invoice;
- The payment of VAT is on the buyer;
- VAT will not apply to the purchase of items whose destination is outside the European Union;
- Intra-community acquisitions made on behalf of business(B2B sales) are exempt from VAT as long as they prove that their tax identification appears in the VIES system of the European Union, and can be checked through the page: http://ec.europa.eu/taxation_customs/vies/vieshome.do?locale=en;
- If you are a business wishing to purchase the items on our website (B2B sales), please contact hello@photential.art for further information;
- The shipping costs are borne by the customer, as indicated in your order and invoice;
- In the shipments to the Canary Islands, Ceuta and Melilla, the client, upon receiving the product, will be charged with customs clearance expenses, as well as the payment of local tax, IGIC or similar, and such costs are on the client;
- In shipments to countries not belonging to the European Union or with which the European Union does not have a customs removal agreement, the client will bear the costs of customs clearance and other taxes that may be applicable when receiving the product.
- 4 PAYMENT
- You can pay the order through the following payment systems: Apple Pay, Google Pay, PAYCOMET;
- The payments are done in Euros;
- If you choose to pay with a card through PAYCOMET system, you must provide your card information at the time of placing your order;
- We only accept payments with secure cards in which the identity of the cardholder is verified according to the method established by cardholder’s bank, through the secure electronic commerce service;
- Only if it is strictly necessary, the payment may be done through a bank transfer – please contact hello@photential.art regarding this payment option.
- 5 DELIVERY
- We will send your order to the mailing address that you indicated at the time of placing your order;
- The orders are insured with the insurance policy covering the replacement value of the acquired items;
- We will send your order within the delivery period that appears on our website with the order confirmation;
- The delivery time ranges between 7 to 10 business days;
- In case of several items having been requested in the same order, we may have to deliver them on different dates, depending on the availability of the items. You can cancel your order at any time before the shipment by sending an email to hello@photential.art indicating your order number;
- We will send confirmation of the shipment when the transport picks up the order to the email address that you have provided when placing the order. In the shipping confirmation we will indicate the tracking number so that you can follow the shipment through the carrier’s website, according to the shipping method you have selected;
- The customer will become liable for the ownership and risk of loss of the products once delivered.
- In the case of shipments to the Canary Islands, Ceuta and Melilla, as well as other destinations with a customs dispatch, the customs clearance expenses, as well as the payment of the local tax, will always be borne by the customer. If you reject the order at the time of delivery and it is returned to Photential Art S.L. by the transport company, the cost of customs, local tax and shipping costs, as well as expenses, will be deducted from the refund of the purchase, and also the bank expenses, if any.
- 6 FORCE MAJEURE
- We put our best effort into fulfilling the orders that are placed on our website;
- However, we are not responsible for ay delays or incompliance if such are due to a force majeure;
- In case of the delay, we will fulfill our delivery obligations as soon as it is reasonably possible.
- 7 SATISFACTION OR RETURN. RIGHT OF WITHDRAWAL
- As a consumer purchasing goods in an e-commerce platform, you have a right of withdrawal – the information as to this right is the following (and will also be enclosed in the printed form in the order):
- You have the right to withdraw from the contract of sale of goods concluded with Photential Art S.L. within 14 days without giving any reason;
- The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods;
- To exercise the right of withdrawal, you must inform us (Photential Art S.L. with CIF B88367883, located at Calle de Alberto Bosch 12, 4b, 28014, Madrid, Spain; tel. +34 663 487 599; email hello@photential.art) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the model withdrawal form enclosed with the order, but it is not obligatory;
- To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired;
- If you withdraw from the contract of sale of goods cocluded with Photential Art S.L., we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract;
- We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement;
- We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest;
- You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired;
- You will have to bear the direct cost of returning the goods;
- You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
- In the case of returns from the Canary Islands, Ceuta and Melilla, and other destinations where there is a customs dispatch, the customs clearance and local taxes, if any, will always be in your charge;
- When the product is defective from the origin, you must send an email to hello@photential.art with the invoice number and an explanation of the defect. We will send you an email indicating how to return the defective product to Photential Art S.L. Once the defective product has been received and inspected, we will send another one in exchange without any additional cost (always subject to availability). In this case, the change will be made by the same article or reference. Photential Art S.L. will take care of the shipping costs corresponding to the return and new shipment;
- Any damage attributable to the customer, such as inattention to adequate measures for the conservation of the purchased item, exposure to light, water or other elements, influence of environmental and climatic conditions, improper use of the purchased item and other similar factors, will not be considered as defects from the origin;
- When the goods, by mistake, do not correspond to the order, Photential Art S.L. will bear the cost of collecting the wrong goods and delivery of the corresponding ones;
- In case of return, the refund of the amount paid will be made through the means of payment used in the purchase;
- Photential Art S.L. will not refund the amount or make any return of merchandise until the reception, the packaging and the product returned has been verified.
- WEBSITE CONTENT AND INFORMATION
- Photential Art S.L. reserves the right to modify the information and offers presented on the website www.photential.art (information relating to modification of products, prices, promotions and other commercial and service conditions) at any time;
- Photential Art S.L. puts all reasonable effort to make the information displayed on its website accurate and without typographical errors;
- If any such were to occur, not at the will of Photential Art S.L., it will be corrected immediately, as soon as it is detected – if you notice any error, please inform as at hello@photential.art;
- If an error occurs in some of the prices displayed on our website and you place an order of the item with the erroneous price, we will notify you of this error, and you will have the right to cancel the order without cost on your part;
- The automatic purchase confirmation does not validate the conditions of a wrong price;
- The information on the website is in English, including all contractual information displayed and sent to consumers or users.
- DATA PROTECTION
- Photential Art S.L. declares that it complies with current data protection regulations in Spain and the EU, which include the following: the Organic Law 15/1999, of December 13th, on the protection of Personal Data and the Decree 1720/2007 of December 21st, which develops the aforementioned organic law; as well as the General Data Protection Regulation (EU) 2016/679 of 27 April 2016;
- At the time of placing your order, you will be provided with the link to the Privacy Policy of Photential Art S.L. and required to accept such Privacy Policy if you wish to proceed with your order;
- At the time of placing your order, you will also be provided with the option to subscribe to the commercial communications of promotion, newsletters, or advertising of the products offered by Photential Art S.L. – if you wish to withdraw such consent at any time, please email hello@photential.art;
- If you wish to exercise the rights to access, to rectification, to erase, to restrict processing, to object to processing, to data portability, not to be subject to automated individual decision-making, or any other right pursuant to current legislation, please email hello@photential.art;
- APPLICABLE LAW AND JURISDICTION
- Disputes arising out of any dealings with Photential Art S.L., in particular, the performance and interpretation of the General Conditions, shall be governed by the laws of the Kingdom of Spain;
- Except for when the user acts as a consumer, in which case the competent courts will be the ones that correspond to the user’s domicile, the parties, hereby waiving expressly any other jurisdiction that may apply, expressly agree to submit the disputes arising out of any dealings with Photential Art S.L. to the Courts and Tribunals of the City of Madrid.
- MISCELLANEOUS
- If any clause of the General Conditions is declared, totally or in part, null or ineffective, then this will affect only the said clause or its part, with all other provisions of the General Conditions subsisting;
- The present General Conditions are effective and updated as to March 2, 2021.
- CONTACT WITH PHOTENTIAL ART S.L. You can contact us using the following means:
- By mail to Calle de Alberto Bosch 12, 4b, 28014, Madrid, Spain;
- By email to hello@photential.art;
- By phone +34 634 757 354;
- When contacting us regarding your order, you should indiacte the number of the order.
