1. Introduction
1.1 This policy applies to information held about clients and prospective clients, suppliers and prospective suppliers, artists, contacts and all other persons about whom we hold information. By ‘information,’ we mean personal information about you that we collect, use, share and store.
1.2 In this policy, “we,” “us,” and “our” means Kutlesa Gallery GmbH 'Gesellschaft mit beschränkter Haftung', a company registered in Schwyz, Switzerland with company number CHE-195.205.021, registered office at Bernerhöhe Nord 7, 6410 Goldau, Switzerland and “you” means the individual to whom the information relates.
2. Our Legal obligations regarding your Personal Data
Kutlesa as the “controller” within the meaning of Article 4 number 7 of Regulation (EU) 2016/679, also known as the “General Data Protection Regulation” (“GDPR”).
3. What information we collect
3.1 The Personal Data about you that we collect and use includes the following:
(a) Your name;
(b) Your contact information such as address, email address and telephone number;
(c) Your payment details / financial data i.e. your bank name, account number and sort code should we need to make payments to you;
(d) When browsing our site, your IP address, your browser type and language;
(e) Information from accounts you link to us (e.g. Facebook, Twitter, Instagram);
(f) Information related to your attendance of, and interest in, exhibition events, dinners and art fairs;
(g) Information about you that you give us in person at our events and art fairs, by filling in forms on our site www.kutlesagallery.com (e.g. the contact us section or to sign up to our mailing list) or by corresponding with us by phone, e-mail or otherwise;
(h) Information in relation to your purchase of our art work or use of our services.
4. How we collect information about you
4.1. We collect most of this Personal Data directly from you – in person, by email, telephone and via our website e.g. when you contact us with a query, make a purchase, or ask that you are added to our mailing list. However we may also collect Personal Data from cookies on our website (see 'Cookies' below), from social media accounts you link to us e.g. Facebook, Twitter or Instagram and from articles or other information which has been published about you in the media.
5. What we do with the information we gather
5.1 We use your information to:
(a) Provide you with information about our art work and services;
(b) Keep you informed about art work, artists and events that we think you may find interesting;
(c) Carry out our obligations arising from any agreements entered into between you and us;
(d) General communication with you in the course of transacting with us;
(e) Administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes];
(f) Comply with legal and regulatory obligations;
(g) For security purposes and to check your identity.
6. Legal basis for processing
6.1 Our processing of your personal information is necessary:
(a) for the performance of contracts to which you will be a party to and in order to take steps at your request prior to you entering into those contracts;
(b) for the purposes of legitimate interests pursued by us; or
(c) in order to comply with a legal obligation to which we are subject.
6.2 In relation to any processing of special categories of personal data, we will generally rely on obtaining specific consent from you at the time unless there is otherwise a legal requirement for us to process such information.
7. Legitimate interests
7.1 Where our processing is based on the legitimate interest grounds described above, those legitimate interests are: (i) collecting personal information to provide you with a smooth and efficient client experience; (ii) to make sure you receive updated information on Simon Lee Gallery's business activities; (iii) to provide the services you have requested; and (iv) for our own marketing and research.
8. Sharing your information
8.1 Except as expressly set out in this policy we will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.
8.2 The personal information you provide to us may be shared with third party companies, agents, contractors, service providers or affiliated companies if this is necessary to provide you with our art work or services, respond to your inquiries or for any of the purposes described in this policy.
8.3 We may also share your personal information with:
(a) law enforcement agencies, other governmental agencies or third parties if we are required by law to do so; and
(b) other business entities should we plan to merge with or be acquired by that business entity, or if we undergo a re-organisation with that entity.
9. Your rights
9.1 At any time, you have the right:
(a) to request access to or a copy of any personal data which we hold about you;
(b) to rectification of your personal data, if you consider that the information we are holding is inaccurate;
(c) to ask us to delete your personal data, if you consider that we do not have the right to hold it;
(d) to withdraw consent to our processing of your personal data (to the extent such processing is based on previously obtained consent);
(e) to ask us to stop or start sending you marketing messages as described below in the marketing section;
(f) to restrict processing of your personal data;
(g) to data portability (moving some of your personal data elsewhere) in certain circumstances;
(h) to object to your personal data being processed in certain circumstances; and
(i) to not be subject to a decision based on automated processing and to have safeguards put in place if you are being profiled based on your personal data.
9.2 Any request from you for access to or a copy of your personal data must be in writing and we will endeavour to respond within a reasonable period and in any event within one month in compliance with data protection legislation. We will comply with our legal obligations as regards your rights as a data subject.
9.3 We aim to ensure that the information we hold about you is accurate at all times. To assist us in ensuring that your information is up to date, do let us know if any of your personal details change at the following email address info@kutlesagallery.com
10. Marketing
10.1 Where you are one of our clients or have otherwise agreed to be contacted for marketing we may use your personal information to send you information about exhibition and other events, art fairs and works of art. You can unsubscribe from receiving them at any time, [details of how to unsubscribe will be included on each electronic mailing we send you].
10.2 You also have the option of "unsubscribing" from our mailing list at any time thereby disabling any further such e-mail or other communication from being sent to you by emailing info@kutlesagallery.com and making the request.
10.3 We will action any opt out request from you without delay.
11. How long will we keep Your information?
11.1 We will only keep the information we collect about you for as long as required for the purposes set out above or as required to comply with any legal obligations to which we are subject. This will involve us periodically reviewing our files to check that information is accurate, up-to-date and still required.
11.2 Where we are permitted to send you direct marketing communications we may retain your contact information necessary for this purpose, for as long as you do not unsubscribe from receiving the same from us. If you opt out from marketing, we will retain your information to enable us to respect your wishes to not be contacted for marketing purposes.
12. Security that we use to protect Personal Data
12.1 We employ appropriate technical and organisational security measures to protect your Personal Data from being accessed by unauthorised persons and against unlawful processing, accidental loss, destruction and damage.
12.2 We also endeavour to take all reasonable steps to protect Personal Data from external threats such as malicious software or hacking. However, please be aware that there are always inherent risks in sending information by public networks or using public computers and we cannot 100% guarantee the security of all data sent to us (including Personal Data).
13. Links to other sites
13.1 Our website may contain links to other sites, including via our social media buttons. While we try to link only to websites that share our high standards and respect for privacy, we are not responsible for the content, security, or privacy practices employed by other websites and a link does not constitute an endorsement of that website. Once you link to another website from our website you are subject to the terms and conditions of that website, including, but not limited to, its internet privacy policy and practices. Please check these policies before you submit any data to these websites.
13.2 [Certain features of our site will allow for social networking. You should ensure when using these features that you do not submit any personal data that you do not want to be sent, collected or used by other users, such as profile details or e-mail address.]
14. Complaints
14.1 Any questions, comments and requests regarding this policy are welcomed and should be addressed to info@kutlesagallery.com
15. How we use cookies
15.1 A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
16. Changes to this Privacy Policy
16.1 Our Privacy Policy may be subject to change at any time. If we are going to use your Personal Data differently from that stated at the time of collection, we will try to contact you via email. We encourage you to review this Privacy Policy regularly for any changes.
17. Contact
17.1 If you have any queries regarding this Privacy Policy or wish to make a further request relating to how we use your Personal Data as described above, please contact:
Telephone: +41 41 244 66 99
Email: info@kutlesagallery.com