1. Who we are
We are a company (MB) duly incorporated and registered under the laws of the Republic of Lithuania. Our register address is Perkunkiemio street, 13-91, Vilnius, Lithuania. The main website of our company is https://kyiv.gallery/. Our contact email is firstname.lastname@example.org.
2. What we do
We are a virtual gallery where paintings, graphics, and sculptures (hereinafter – “Artworks”) of Ukrainian artists are exhibited, they are presented in various styles and genres. Ukrainian artists should file their applications in order to have their artworks published on our KyivGallery. Customers may view all the published artworks and can buy any artwork displayed on KyivGallery.
Both Ukrainian artists and customers are considered as Users (hereinafter – “Users” or “you”). Therefore we provide Users with an ability to publish their Artworks or to view/buy the artwork (hereinafter – “Services”). Services of KyivGallery related to Artworks exhibiting are available for authorized individuals (authors) and Services related to Artworks purchase are available for individuals or entities (customers).
3. How to contact us
Our data protection officer (DPO) can be reached via this email address: email@example.com.
4. The definition of «personal data»
According to the Article 4 of the General Data Protection Regulation (hereinafter – GDPR) «personal data» means any information relating to an identified or identifiable natural person («data subject»); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
«Personal data» and «personal information» are used interchangeably in this document. Our Users are «data subjects» in terms of GDPR.
5. Voluntary nature of data provision
6. Types of personal data
We classify our User’s personal information into three main types:
6.1. Directly collected information (D)
This refers to the information which the User directly provides himself (e.g. by filling the website forms).
6.2. Indirectly collected information (I)
This kind of information relates to the User but he doesn’t provide it directly (e.g. a language, an IP address).
6.3. Automatically generated information (A)
This type of information is generated automatically by the system. Though such information isn't provided by the User himself it relates to him and according to the Article 4 (1) of the GDPR is considered to be personal data. It has 2 subtypes:
- static A (SA). This information doesn't usually change once it's created. For example, internal user ID. We don’t use this type of information at the moment.
- dynamic A (DA). This subtype changes accordingly to the actions performed by the User.
We use these abbreviations below to address different types of personal information: D, I, SA and DA.
7. What information we collect, when, and why
There are several points in the ‘KyivGallery-User’ relationship when personal information is collected:
7.1. Inquiry form
Kindly see below the list of types of information requested or assigned when the User fills out the form. Using this form the User may ask any question whenever she/he needs more information about the Services provided or KyivGallery itself.
|7.1.01||Name||D||for User identification|
|7.1.02||Phone number/ Email or both (as the User decides)||D||for communications|
|7.1.03||Language||I||for communication with the User his/her language or language he/she understands|
|7.1.04||IP address||I||for User identification, protection of your account from fraudulent actions of third persons|
|7.1.05||Date of the inquiry filing||SA||for statistics|
7.2. Application of an artist
For KyivGallery to know whether artists are eligible for selling their artworks via KyivGallery, we ask them to provide their personal identification information of an artist. We ask artists to provide the next personal data:
|7.2.01||First name||D||for artist identification|
|7.2.02||Last name||D||for artist identification|
|7.2.03||Date of birth||D||for artist identification|
|7.2.04||Photo||D||for artist identification|
|7.2.05||D||for artist identification and communication|
|7.2.06||Phone number||D||for artist identification and communication|
|7.2.07||Education||D||for selecting artists who meet the necessary professional requirements|
|7.2.08||Exhibitions and awards||D||for selecting artists who meet the necessary professional requirements|
|7.2.09||Art field (painter, sculptor)||D||for artist identification and for selecting artists who meet the necessary professional requirements|
|7.2.10||Work place, position||D||for artist identification and for selecting artists who meet the necessary professional requirements|
|7.2.11||Membership in specialized organizations||D||for artist identification and for selecting artists who meet the necessary professional requirements|
7.3. Leaving feedback on the order
|7.3.01||Name||D||for User identification|
|7.3.02||D||for User identification|
|7.3.03||Date of the feedback||SA||for statistics|
7.4. Making an order
|7.4.01||Name, surname||D||for User identification/arranging shipping|
|7.4.02||D||for sending the order copy|
|7.4.03||Phone number with country code||D||for arranging shipping|
|7.4.04||Full delivery address||D||for arranging shipping|
7.5. Additional information
7.5.1. Ongoing collection of information
|7.5.1.01||Computer and connection information such as browser type, version, and time zone setting, browser plug-in types and versions||I||for chat messages checking|
|7.5.1.02||IP address||D||for chat messages checking|
This information is laid out to give you an idea about use of fundamental collected information. In case we will use new types of information we will update this Policy with new types of records and purposes for which KyivGallery process these data.
8. Lawfulness of Processing and Disclosure
In all other cases it is required to express their consent prior to the collection and processing of personal data. KyivGallery doesn't use preset checkboxes when the User expresses their consent thus making it explicit.
KyivGallery hereby informs you that the collected information may be lawfully disclosed to third parties such as:
- Agencies that deal with: law enforcement, regulators, governmental bodies, fraud or collusion prevention, payment processing.
- Providers and contractors/subcontractors, employees that may need information for provision of services: such as delivery agencies, IT maintenance, to make sure the website is running perfectly, marketing services on behalf of KyivGallery, technical communication services in order to communicate with the Users, data processing, legal support services and others.
- Other Users (only in case of artists who publish their artworks on KyivGallery, so that their names, education, professional achievements and artworks are visible to other users).
KyivGallery is obliged to disclose your personal information in following cases:
- in response to lawful requests by public authorities, including to meet legitimate national security or law enforcement requirements;
- to protect, establish, or exercise our legal rights or defend against legal claims, including to collect a debt; to comply with a subpoena, court order, legal process, or other legal requirement;
- or when we believe in good faith that such disclosure is necessary to comply with the law, prevent imminent physical harm or financial loss, or investigate, prevent, or take action regarding illegal activities, suspected fraud, threats to our property, or violations of our Terms & Conditions.
- To Third Parties in case of: merger, restructuring, joint venture, assignment, sale part of the business or the whole business.
9. Where we store personal data
We store all the data in data-centers in the Netherlands. These entities are the data Processors who indirectly process our User’s personal information by our request. Note, that the nature of this processing is narrowed down to the server infrastructure maintenance and does not include any first-hand processing of the personal data. We neither disclose such information to these entities nor give them any permission to access it.
10. How long we store personal data
We store personal data as long as it's needed to provide our services, or until the User withdraws their consent to further processing of the personal data.
11. Rights of the User
Our Users are entitled to perform a range of operations with regard to their personal data:
11.1. Obtain confirmation
Any User has the right to obtain confirmation as to whether or not personal data concerning him or her are being processed.
11.2. Access personal data
If personal data concerning the User is being processed by KyivGallery, the User has the right to access such data.
11.3. Demand additional information
Any User has the right to demand the following additional information concerning their personal data:
- 11.3.1. The purposes of the processing.
- 11.3.2. The categories of personal data concerned.
- 11.3.3. The recipient(s) or category(s) of recipient to whom the personal data have been or will be disclosed.
- 11.3.4. The criteria determining the period for which the personal data will be stored.
11.4. Request rectification
Any User has the right to obtain the rectification of inaccurate personal data concerning them (this includes to have incomplete personal data completed) from KyivGallery without any undue delay.
11.5. «Be Forgotten»
Any User has the right to withdraw their previously given consent and have the personal information erased from our system. In this case third parties (cl. 8) will no longer get the personal data of the User.
Throughout our cooperation you shall receive information messages (through email, phone) from KyivGallery if you agree to receive them with it or in case these messages are necessary and important form using our Services.
At any time you may unsubscribe from e-mail communication by using the opt-out link included in newsletter/marketing emails or messages or by sending your request at firstname.lastname@example.org.
Also we may use the third-party cookies such as:
- Google Analytics – in order to collect data about website usage. This data does not include personally identifiable information.
- Facebook pixel – in order to track users as they interact with our website and our Facebook ads (e.g. tracks when the user completes a purchase on the website, adds a product to shopping cart on our site, uses the search function to look for something on our site etc.).
- Hotjar – in order to understand the behavior of our website users and get their feedback.
- Talk-me (chat) – for effective operational communication with Users through chats on the site.
- MailChimp – in order to create automated campaigns to manage and talk to our Users and other interested parties.
- reCAPTCHA – for blocking third party bots activity.
The abovementioned cookie provider are independent. KyivGallery can’t control them and has no responsibility for action, but we do all possible to satisfy our Users. The third parties have their own Privacy Policies.
The Users may customize the browser settings of their devices to notify them when a browser cookie is sent or to refuse browser cookies altogether. Please be advised that if you decide to refuse/block cookie activity, some parts of our website won’t work properly or not at all. Thus, potentially reducing your options at our website. Kindly check your browser for instructions on how to make these adjustments.
We are committed to protecting the privacy of personal data and try to disclose the processing details in a transparent and easy way.
Should you have any questions concerning the information above, please, don't hesitate to contact us (see cl. 3).
Should we lawfully receive your Personal information from a third party you will have same rights regarding information in question as regarding to information that you have provided to us directly or we have collected during cooperation with you.
If you reasonably believe that we are violating our responsibilities to protect your privacy, you have a right to lodge a complaint with a relevant supervisory authority.