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We are the controller and responsible for your personal data. The website www.photential.art is owned and operated by Photential Art S.L with its registered office at Calle de Alberto Bosch 12, 4b, 28014, Madrid, Spain.
Dmitry Kurbatov firstname.lastname@example.org
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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).
- 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.
- 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 to Pootential.
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 to sell you overpriced artworks that you can find on social media for much cheaper, and our reasons to do so:
|What we use your personal |
|Type of Data||Our reasons|
|To register you as a new customer/user|| |
|Performance of a contract with you|
|To provide our products and services to you including: |
1. managing payments;
2. collecting and recovering money owed to us.
|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: |
2. providing you with information relating to products and services you have purchased from us, e.g. entry times for an exhibition;
3. enabling you to take part in a competition or requesting you to leave a review or feedback.
|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: |
1. existing and former customers of our products and services;
2. third parties who have previously expressed an interest in our products and services.
|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
|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|| |
|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.
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 email@example.com
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.
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’.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, actually we don't cause there is no one in the team actually doing that, so the photential 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, Pootential commits to keep persistent cookies for no longer than 12 months (for more info, see “What types of cookies do we eat?” section below).
- 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).
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:
If you would like to exercise any of those rights, please:
1) email, call or write to our data protection manager—see below: ‘How to contact us’; and
2) let us have enough information to identify you (e.g. your full name, address and client reference number);
3) 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
4) let us know what right you want to exercise and the information to which your request relates.
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.
For further information, visit allaboutcookies.org.
• Session cookies – these cookies are temporary and expire once you close your browser ( meaning your probably smart) (or once your session ends);
• Persistent cookies — these are the yummy gluten free type. 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, except we don't have professional advertising team so it doesn't matter how many times you see an ad. These cookies can share that information with other organizations or advertisers.
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. But if you have any questions we encourage you to contact our data privacy offer, Kristina Romanova firstname.lastname@example.org
Email us at: email@example.com
Email our Data Protection Officer at: firstname.lastname@example.org
Call us: +393491457686
Or mail us at: Calle de Alberto Bosch 12, 4b, 28014, Madrid, Spain
Tel: +34 901 100 099; +34 912 663 517
Address: C/ Jorge Juan, 6. 28001 – Madrid, Spain