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Data protection and Privacy Policy

Preamble

artcosmos is the market place to ensure that art is for everybody.

The protection of your privacy is important for us. All data we receive is processed and stored according to European regulation GDPR. This data protection and privacy policy is there to inform you how we receive your personal data, how we process and use it. This policy complements the terms and condition of artist-cosmos GmbH.

1. Responsibility and reach

Responsible is the
artist-cosmos GmbH (also called “ARTCOSMOS”, „artcosmos.com“ or “we“) as operator of the artcosmos.com platform,
Bruckersche Strasse 193a, 47839 Krefeld, Germany
represented by its legal representative Michael Bist. To obtain more information please visit our Impressum.

For any questions regarding data protection or any requests to receive information about which data we store about you, or to change or delete your data, please contact us under: dataprotection@artcosmos.com.

This data protection policy describes the generation and use of personal data during the visit and use of services provided by artcosmos.com. It further extends validity to complementing offering of artcosmos (e.g. competitions, vouchers or social media).

With your acceptance of this data protection and privacy policy you agree that artcosmos may use your data accordingly.

The data protection policies of external services or social networks like Facebook, Pinterest or YouTube, which you might use during or in combination with a visit of ARTCOSMOS are valid together with this policy.

2. Generation and use of data without registration

You can use artcosmos.com without providing us with personal data through registration. While using our website communication related information (e.g. IP address) and usage related information (e.g. content viewed) will be created automatically so you can view the corresponding content. This data will be stored and used without direct link to a person (e.g. by making the IP anonymous) to gather technical and statistical information in order to further improve our website as well as for analytical purposes.

3. Usage of personal data during use of artcosmos

In order to provide you with our services we rely on certain data:
With your registration we collect the so-called master data (name, surname, email address, password and nickname). Through your nickname you are able to use our service towards third parties under a pseudonym.

When you decide to place an order via artcosmos.com we will also receive your invoice and delivery address – bank account information will not be received as payments are handled by Braintree a PayPal Inc. Service. ARTCOSMOS only receives an anonymized transaction confirmation. For the data protection of your bank information please see PayPal’s data protection policy (https://www.braintreepayments.com/en-de/legal).

When you sell through artcosmos.com we will receive additional information, including your artist status (private or legal entity), your legal address and registration, your VAT status, your bank account and other payment information, as well as further information about your artist story.

For the artworks registered we will receive transactional information (e.g. materials, pictures, prices, conditions, sales and delivery) as well as information for the classification of the artwork in our search mechanism and the artwork story.

When using our functionality “Try Art on Your Wall” we will store through this functionality your uploaded pictures of your home as well as decoration options created by you or the friends you have invited.

In addition registered members can provide on voluntary basis further information, including for example but not exclusive birthdate, profile descriptions, favorites, pictures, videos, comments, ratings). In general we explicitly advise you when uploading explicitly that this information is visible to other users, but you should generally be aware that public information is visible also to other user. You can change or remove your voluntary data at any time.  In some cases due to the complexity of our system it might be possible that you as user cannot directly remove or change the data, e.g. comments, ratings and “MyArtMyStory” uploads. Those cases result from a desire to limit the complexity of our system and not to reduce the liberty of our uses. To change or delete data in those cases, simply send an email to our support and we will conduct the changes or deletions for you.

We use your personal data (master data, usage and transaction as well as optional data) for the sole use of ARTCOSMOS to provide you and other members with a great market place experience and community to enjoy and share art. Therefore we use your data for example (but not exclusively) to:

  • understand who our users are and what they want to see
  • to provide and personalize our services, e.g. to allow you to close contracts, to conduct payments (via Braintree), to calculate and invoice commissions and other fee, to order and use vouchers, to run our rating systems and provide your favorite artworks, to support you in case of questions or to inform you of certain events,
  • to allow you to participate and communicate with other members of our community (e.g. via ratings, comments or creating your favorites),
  • to provide other members with the information you want to share about you
  • to identify and remove illegal or unwanted activities

You can always change your consent in your profile or through the link provided in our emails.

We do not provide personal data to third parties, unless you explicitly allowed us to do so or the provision of this data is legally allowed and/or required. We provide personal data to other members of ARTCOSMOS where necessary, e.g. for concluding a purchase (contact information for the delivery of artworks). This data is only allowed to be used by other members for the conclusion of the transaction on artcosmos.com. It is forbidden to use this data for advertising purposes, unless the other party agreed explicitly. Members are required to consider all data protection requirements when dealing with other members data. Data can also be provided to our affiliates or partners who provide technical or other support (e.g. hosting, delivery or debt collection). Also here we respect all data protection legislation and requires this from our partners. We are required to provide personal or other data to governmental authorities when and to the extend which is required to avoid danger for public safety or for prosecution according to German law. To protect our valid financial interest we reserve the right to conduct a credit check via third parties. We also reserve the right to request additional financial information or warranties before allowing you to sell or buy high value artworks on artcosmos.com. Your data protection rights will be respected according to the respective legislation.

4. Handling of third person data from your invitations

In case you invite other people to use ARTCOSMOS, either to register as fellow artist or as user, for example to see your decoration ideas or your gift lists, we will receive from you their first and last name and their email address.

Since we received this data without their explicit consent, we can store this data only for a very limited amount of time. In case the person does not use your invitation within 30 days to register on ARTCOSMOS, the data will be deleted from our system and can no longer be used for the purpose of your invitation.

The data received is necessary to invite the third person in your name and to provide them with access to the information you want to share with them. The data is protected the same way we protect all other user data and will not be used for any other purposes.

5. Cookies without relevance for online-marketing

When visiting our websites we will put information in form of a “cookie” on your computer, which will be recognized automatically on your next visit. A cookie is a short text information which is transferred as hypertext-transfer-protocol-header. The cookie will either be sent by the webserver to the browser or generated per scripting. Cookies allow us for instance to adjust our website to your interest. If you don’t want us to recognize your computer, please adjust your browser settings to delete or block all cookies or to warn you before saving a cookie. Unfortunately this might result in you not being able to use all functions of artcosmos.com to the full extend.

ARTCOSMOS is using the following cookies (non-including online advertisement):

  • session cookies (e.g. to protect the account access) or functional cookies (e.g. to keep navigation elements open for help texts or AB-tests);
  • language or regional setting cookies (to store the country or language settings with which artcosmos.com should be shown).

6. Facebook

We use for our platform the services of the Facebook (facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA). For example we have installed the facebook „like-button“ (a so called plug-in). This means we have integrated the like-button via a program code provided by facebook. These plug-ins are recognizable by the facebook logo (white „f“ on blue ground oder a thumbs up sign). A full list of facebook social plug-ins and the way they look can be seen under: https://developers.facebook.com/docs/plugins

With this like-button you share you opinion or provide information about which artworks you like or bought with your facebook friends and other facebook user.

As soon as you open our website, data will be sent to facebook, independ of whether you clicked on the facebook buttons or not. When clicking the like-button facebook receives the additional information that you like a certain item. The content of the plug-in is going to be transmitted automatically from facebook to the browser and back. ARTCOSMOS does not have any influence on the extend of the data which facebook will gather through these plug-ins and therefore informs you about our knowledge:

Through the integration of this plug-in facebook receives information, that you have visited the corresponding artcosmos.com website. In case you are logged in at the same time via facebook, facebook can identify you and use this for the purpose of advertising on facebook. When using the like-button or providing a comment the corresponding information will be submitted directly from the browser to facebook and stored there. In case you do not use facebook the service can still gather your IP-address and store it. The purpose and extend of this data gathering as well as what happens with this data and the corresponding user rights and setting options to protect your privacy can be found under facebook’s privacy guidance: http://www.facebook.com/about/privacy

If you are a facebook member but you wish not for facebook to gather data about your activity on artcosmos and to connect it to your data stored on facebook you have to log out of facebook before visiting artcosmos. In case you are not a facebook member or you have not agreed there to the data gathering and usage, we recommend not to click facebook plug-ins on our offering.

7. Google Analytics

ARTCOSMOS works with google analytics. Google analytics is a so called web analysis service provided by Google Inc. Google analytics uses cookies to gather data about your usage of this website. The data gathered is generally stored on a server of Google inside the USA. ARTCOSMOS activated on its websites the anonymisation of IP addresses, so that IP addresses of google users inside the member countries of the EU or other partner states of the European Economic Area will get shortened. Only in exception will the full IP address be transferred to a google server in the US and shortened there. Google will use this data in our name to analyse your usage of our website and create reports about the website activity as well as providing further services regarding the website and internet usage.

The IP address provided by your browser through google analytics will not be combined with other google data. You can prevent the saving of cookies through settings in your browser software. This might result in you not being able to use our entire offering to the full extend.

You can also prevent the gathering and processing of data through google by installing the following browser plug-in: http://tools.google.com/dlpage/gaoptout

8. Other plug-ins and external services

Our websites can contain further plug-ins. Those plug-ins are within the responsibility of the provider (e.g. Pinterest, YouTube). Installed plug-ins can be identified through the corresponding logos (e.g. the Pinterest or YouTube logo).

Plug-ins can already be executed when opening the artcosmos websites, which can lead to information about your visit (especially IP address) being forwarded and stored at the plug-in provider. In case you are registered and logged-in at this provider, your visit on our websites can be allocated to your profile with this provider. When clicking on the plug-ins, this will become visible to third parties. This information will also be transferred directly to the plug-in provider and stored there. You can prevent the identification through logging-out from these plug-in providers before visiting our websites and deleting the cookies. ARTCOSMOS does not have any influence on the extend of the data the provider gathers via a plug-in or how this data is used. Where available we ask you to check the data protection or privacy policy of the respective provider.

Often you can adjust your settings in your account with the respective provider. Please inform yourself directly at the provider about the kind of personal data they gather, their extend and usage as well as the processing of this data outside the EU.

For user who are not members of the plug-in provider or its services or who did not agree to its data gathering and usage we recommend that they do not use or click the corresponding plug-ins.

9. Consent to the receipt of ARTCOSMOS newsletter and promotional offers

When you agree to us sending you newsletters or promotional offers you consent to receive artcosmos emails with content selected by us in accordance with the consented purpose under your provided email address. Our newsletters or marketing emails can come regularly or at varying intervals and can contain information about our offerings, promotions or similar content. You can at any time de-register from receiving newsletters or marketing emails via a link in the respective email.

10. Artist consent to ARTCOSMOS usage of content

As an artist, you hereby consent that by either actively providing publishable content or passively agreeing to be available for ARTCOSMOS or its affiliates to create the content, you agree to grant ARTCOSMOS the below outlined usage rights to the content created or provided. The copyright for any content created by ARTCOSMOS or its affiliates belongs to ARTCOSMOS, but ARTCOSMOS accepts a limitation in its usage rights of the content it owns to the effect described below.

You grant ARTCOSMOS and its assignees, licensees, and successors the right to copy, reproduce, and use all or a portion of the content for all advertising, promotion or instruction purpose throughout the world for the duration of the usage right. You also grant the right to use your image and name in connection with all uses of the content and waive the right to inspect or approve any use of the content.

Excluded from the usage right is any use for criminal, offensive or fraudulent purpose.

The right of usage to the material is granted for a minimum of 2 years after the provision or creation of the last content or for as long as you continue to be registered on the platform – the longer of the two periods is valid. After the termination of the usage right, ARTCOSMOS may continue to use any existing publications with content provided by you or created by ARTCOSMOS interminably, but may not create new publications using this content.

Any failure of ARTCOSMOS to stop using the content in new publications it creates after the termination of the usage right is considered accidental and does not warrant legal actions by you, unless you have previously discovered a failure and informed us in writing about the fact and we did not stop to do so after the receipt of the notice. Valid format for notice is a written letter sent to the registered address of artist-cosmos GmbH with notice of receipt.

Exempted from the termination is any content, which is used by ARTCOSMOS to create introduction or instruction material (e.g. profile or content creation instructions, video or picture taking guides, or guides to manage, pack and ship orders). You also allow ARTCOSMOS to use your previous participation on the platform in its communication and exempt any content used for this purpose from the termination of usage rights.

11. Protection of your data, security

We use standard security measures, including decryption, passwords and physical backup to protect your personal data against unwarranted access and disclosure as well as to prevent spam. All information in your profile is stored on a secured server and protected by a firewall.

12. Revoking your consent, requesting information about, change or deletion of your stored data

You can at any time revoke your consent to our use of your personal data. Revoking your consent can be done either in your user profile or via email to dataprotection@artcosmos.com. The revoking of this consent may lead in certain cases to you not being able to use the corresponding service or offerings.

You can also at any time request information about your personal data stored and the usage of it, as well as request changes or deletion of your data via email to dataprotection@artcosmos.com.

Before providing this information or taking the requested action, we reserve the right to request sufficient proof of identity. Blocking and deleting data is conducted according to legal requirements.

13. Changes

We will constantly adjust this data protection and privacy policy in line with our technical development. Changes will be incorporated into this document timely and where necessary we will ask for your consent in separate communication.

Despite our active communication you should for your own protection regularly visit this page in order to stay updated on the latest status of data protection and privacy information related to our offering.

End of the data protection and privacy policy.

Version 2

Valid from May 25, 2018