Please read the following provisions carefully. Whoever visits the website http://www.theartists.net agrees to the following conditions.
TheArtists GmbH, (TheArtists.net, Forchstrasse 37, 8044 Zürich) operates the website https://www.theartists.net and is therefore responsible for the collection, processing and use of your personal data and the compatibility of data processing with Swiss and EU law. www.theartists.net is a subsidiary of TheArtists GmbH, Switzerland. We manage the data together under the management of TheArtists GmbH, Switzerland. TheArtists GmbH attaches great importance to the protection of the personal rights of its customers, in particular data protection conformity. For this reason, we comply with the provisions of the Federal Data Protection Act (DSG), the Ordinance on the Federal Data Protection Act (VDSG) and the Basic Data Protection Ordinance of the European Union (DSGVO).
We ask you to take note of the following information, from which you can see which personal data is collected from you and for what purpose we use it.
1. Scope and purpose of collection, processing and use of personal data
1.1 Visit www.theartists.net
Our website stores every visit on our server. The following data will be collected and stored indefinitely:
- IP address (unique address that identifies your device on the internet)
- Information about the device you are using
- Your connection to the internet
- Operating System and platform
- Date and time of visit to the website
- Website from which you access our website
- Which products you looked at and when
You are not identifiable from this non-personal information. The purpose of collecting and processing this data is, on the one hand, to optimise the provision of effective services on our website and, on the other hand, to collect internal statistics. This is our legitimate interest in data processing within the meaning of Art. 6 para. 1 lit. f DSGVO. When visiting our website, we also use pixels and cookies to use web analysis services and display personalised advertising (more on this below, points II and V).
1.2 Creation of a customer account
On our website you can create your own account. Your account serves you on the one hand to purchase offered products and on the other hand you have the possibility to subscribe to our newsletter. You can manage your personal data in your account at any time. You can also view your orders in your account and create a personal wish list.
1.2.1 Account creation
For the registration and creation of your personal account we need the following personal data, which will be stored until your revocation:
- email address
- First name *
- Last name *
- Phone *
* not mandatory
Delivery address and payment data are only required when placing an order.
We use the data provided by you to create a personal account for you. Your e-mail address enables us to confirm receipt and dispatch of your orders and, together with other personal data, enables us to communicate with you. When you log in to your account, we will also use your email address as your login name for identification purposes.
All activities that you do in your account are stored anonymously (especially when you have viewed which products and which products you have deposited in your shopping cart). This gives us the opportunity to provide you with individual content about our products and services.
If you place a product in your shopping cart, but do not complete the purchase process, we will contact you via e-mail to ask for the reason for the cancellation. All content and components of your account are visible to you at all times.
By registering for an account, you give us your consent to process the information you provide to create an account, to send regular newsletters (only if you have expressly requested to receive the newsletter), to statistically evaluate your usage patterns and to improve our products and services. Your consent figures as our legal basis for the processing of your personal data in the sense of Art. 6 Para. 1 lit. a DSGVO.
When you create your account, you also have the option of opting for newsletter or specifying that you do not wish to receive a newsletter (see below, lit. c)).
You can delete your account at any time by contacting the above contact details with your request.
1.2.2 Purchase of artworks
With a purchase of an artwork we collect the following personal data, which will be stored until your revocation. Business correspondence such as payment details or e-mail chat messages remain stored:
Exact details of the selected product including price
- Street / No.
- Address supplement
- Zip code
- Accepting the GTC
- Credit card number | 360 days stored
- Credit card expiration date | 360 days stored
- CVV Credit card code | 360 days saved
We need this information in order to be able to deliver the purchased products to the specified address and to ensure that the invoice amount is charged according to your credit card information. We also need the information to inform each artist about the person and the location of the purchased work of art with respect of moral rights and droit de suite.
By purchasing products, you give us your consent to process the data you provide for the completion of the purchase process, for statistical evaluation of your usage behaviour and for the improvement of our products and services. Your consent constitutes our legal basis for the processing of your personal data within the meaning of Art. 6 para. 1 lit. a DSGVO.
As soon as you have created your own account, you can subscribe to our newsletter, which will be sent to your e-mail address. The data already collected during account creation is also necessary for data processing in connection with the newsletter.
By registering to receive the newsletter, you give us your consent to process your data for the regular sending of the newsletter to your e-mail address, for the statistical evaluation of usage behaviour and for the improvement of the newsletter. Your consent constitutes our legal basis for the processing of your e-mail address within the meaning of Art. 6 para. 1 lit. a DSGVO. We are entitled to commission third parties with the technical processing of advertising measures and to pass on your data for this purpose (more on this below, point III).
If you no longer wish to receive our newsletter, you can unsubscribe at any time (contact details above). In addition, each newsletter contains a link with which you can unsubscribe. Your personal data will be deleted after you unsubscribe. In order to improve our newsletter, the data will only be processed anonymously.
2. Passing on the data
TheArtists GmbH use your data jointly and do not constitute 'Third party'.
Your personal data will only be passed on to third parties if you have given your express consent, if there is a legal obligation to do so or if this is necessary to enforce our rights, in particular to enforce claims between you and TheArtists GmbH.
Furthermore, we are entitled to pass on your personal data to third parties if this is necessary for the provision of services and for the analysis of your usage behaviour.
If any of the data processing described in this data protection declaration requires the transfer of your personal data to third parties abroad, TheArtists GmbH is entitled to transfer your personal data abroad. If a country does not have the same level of data protection as Switzerland or the EU, we will contractually ensure that the third parties commissioned by us protect your personal data in accordance with the standards of Switzerland or the EU.
3. Data security
In order to best protect your personal data stored with us against manipulation, loss and unauthorized access, we use appropriate technical and organizational security measures. If new technologies are available, we update these measures.
All employees are obliged to maintain data secrecy and comply with data protection regulations.
4.1 Google Analytics
Our website uses Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analize how users use the site. The information generated by the cookie about your use of our website will generally be transmitted to and stored by Google on servers in the United States. However, if IP anonymisation is activated on our website, your IP address will be shortened by Google in advance within member states of the European Union or in other contracting states of the Agreement on the European Economic Area.
Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there. Google will use this information for the purpose of evaluating your use of our website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. The IP address transmitted by your browser as part of Google Analytics is not combined with other data from Google.
4.2 Right of access, return / transferability, rectification, deletion, limitation, objection
You have the right to request information free of charge regarding your personal data stored by us. In addition, you have the right to have incorrect data corrected and the right to have your personal data deleted if there is no legal obligation to retain it or any other legal requirement that allows us to process the data. Pursuant to Articles 18 and 21 of the DSGVO, you also have the right to demand that data processing be restricted and to object to data processing. In addition, you have the right to demand that data stored by us be removed or that it be passed on to a third party. You receive the data in a structured, common and machine-readable format.
Concerning the above mentioned requests you can contact us via the contact details listed above.
4.3 Data storage
We will only store your personal data for as long as is necessary to fulfil the purpose for which you transferred your personal data to us or to fulfil our legal obligations.
4.4 Possibility of complaint to data protection supervisory authority
Residents of EU Member States have the right to complain at any time to a data protection supervisory authority.
4.5 Modification and updating
We reserve the right to adapt the content of this data protection declaration if this is necessary due to technical developments or legal requirements. For this reason, we recommend that you regularly review the contents of this data protection declaration.