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 forType of DataOur reasons
To register you as a new customer/userIdentityContactProfilePerformance of a contract with you
To provide our products and services to you including:managing payments;collecting and recovering money owed to us.IdentityContactFinancialTransactionFor 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 & CommunicationsFor 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 & CommunicationsFor 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
IdentityContactTechnicalFor 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 accountsIdentityContactFinancialTransactionTo 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:

  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.

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

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