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Terms and conditions and data protection information

Data protection

This data protection declaration explains the type, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offer and the associated websites, functions and content as well as external online presences, such as our social media profile. (hereinafter jointly referred to as "online offer"). With regard to the terms used, such as "processing" or "person responsible", we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).
 

responsible

Amdoy Art Adam Dobrowolski

tiergemalde.de
amdoy-art.eu
Uniszowice 103F

21-030 Motycz

Poland
dobrowolskykunst@gmail.com

 

Types of data processed:

- Inventory data (e.g., names, addresses).
- Contact details (e.g., email, phone numbers).
- Content data (e.g., text input, photographs, videos).
- Usage data (e.g. websites visited, interest in content, access times).
- Meta / communication data (e.g. device information, IP addresses).

 

 

Purpose of processing

- Provision of the online offer, its functions and content.
- Answering contact inquiries and communicating with users.
- Safety measures.
- Reach measurement / marketing

 

Terms used

“Personal data” is all information that relates to an identified or identifiable natural person (hereinafter “data subject”); A natural person is regarded as identifiable who can be identified directly or indirectly, in particular by means of assignment to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or one or more special features, which express the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person.

“Processing” is any process carried out with or without the help of automated processes or any such series of processes in connection with personal data. The term is broad and encompasses practically every handling of data.

“Responsible” is the natural or legal person, authority, institution or other body that alone or jointly with others decides on the purposes and means of processing personal data.

 

Relevant legal bases

In accordance with Art. 13 GDPR, we will inform you of the legal basis for our data processing. If the legal basis is not mentioned in the data protection declaration, the following applies: The legal basis for obtaining consent is Art. 6 Para. 1 lit. a and Art. 7 GDPR, the legal basis for processing to fulfill our services and to carry out contractual measures Answering inquiries is Article 6 (1) (b) GDPR, the legal basis for processing to fulfill our legal obligations is Article 6 (1) (c) GDPR, and the legal basis for processing to safeguard our legitimate interests is Art . 6 para. 1 lit.f GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Article 6 (1) (d) GDPR serves as the legal basis.
 

Safety measures

We ask you to inform yourself regularly about the content of our data protection declaration. We will adapt the data protection declaration as soon as the changes to the data processing carried out by us make this necessary. We will inform you as soon as the changes require your cooperation (e.g. consent) or other individual notification.
 

Cooperation with contract processors and third parties

If we disclose data to other persons and companies (contract processors or third parties) as part of our processing, transmit them to them or otherwise grant them access to the data, this is only done on the basis of legal permission (e.g. if the data is transmitted to third parties, such as to payment service providers, according to Art. 6 Para. 1 lit. b GDPR is required to fulfill the contract), you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).
If we commission third parties to process data on the basis of a so-called "order processing contract", this is done on the basis of Art. 28 GDPR.

 

Transfers to third countries

If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this happens in the context of the use of third-party services or disclosure or transmission of data to third parties, this will only take place if it happens to fulfill our (pre) contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only if the special requirements of Art. 44 ff. GDPR are met. This means that processing takes place, for example, on the basis of special guarantees, such as the officially recognized determination of a data protection level corresponding to the EU (e.g. for the USA through the "Privacy Shield") or compliance with officially recognized special contractual obligations (so-called "standard contractual clauses").
 

Rights of data subjects

You have the right to request confirmation as to whether the data in question is being processed and to request information about this data as well as further information and a copy of the data in accordance with Art. 15 GDPR.

You have accordingly. Art. 16 GDPR the right to request the completion of the data concerning you or the correction of the incorrect data concerning you.

In accordance with Art. 17 GDPR, you have the right to demand that the relevant data be deleted immediately or, alternatively, in accordance with Art. 18 GDPR, to request a restriction on the processing of the data.

You have the right to request that you receive the data concerning you that you have provided to us in accordance with Art. 20 GDPR and to request that it be transmitted to other responsible parties.

In accordance with Art. 77 GDPR, you also have the right to lodge a complaint with the competent supervisory authority.

 

Right of withdrawal

You have the right to revoke your consent in accordance with Article 7 (3) GDPR with effect for the future.
 

Right to object

You can object to the future processing of your data in accordance with Art. 21 GDPR at any time. The objection can in particular be made against processing for direct marketing purposes.
 

Cookies and right to object to direct mail

"Cookies" are small files that are stored on the users' computers. Various information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after their visit to an online offer. Temporary cookies, or "session cookies" or "transient cookies", are cookies that are deleted after a user leaves an online offer and closes his browser. Such a cookie can, for example, store the contents of a shopping cart in an online shop or a login status. Cookies are referred to as "permanent" or "persistent" and remain stored even after the browser is closed. For example, the login status can be saved if users visit it after several days. The interests of the users can also be stored in such a cookie, which are used for range measurement or marketing purposes. "Third-party cookies" are cookies that are offered by providers other than the person responsible for operating the online offer (otherwise, if they are only their cookies, they are referred to as "first-party cookies").

We can use temporary and permanent cookies and clarify this in the context of our data protection declaration.

If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Saved cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.

A general objection to the use of cookies used for online marketing purposes can be made for a large number of services, especially in the case of tracking, via the US site
  http://www.aboutads.info/choices/  or the EU side  http://www.youronlinechoices.com/  be explained. Furthermore, cookies can be saved by deactivating them in the browser settings. Please note that if you do so, you may not be able to use all of the functions of this online offer.
 

Deletion of data

The data processed by us will be deleted or restricted in their processing in accordance with Art. 17 and 18 GDPR. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any statutory retention requirements. If the data is not deleted because it is required for other legally permissible purposes, its processing will be restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be kept for commercial or tax reasons.

According to legal requirements in Germany, the storage takes place in particular for 6 years in accordance with § 257 Paragraph 1 HGB (trading books, inventories, opening balances, annual financial statements, commercial letters, accounting documents, etc.) and for 10 years in accordance with § 147 Paragraph 1 AO (books, records , Management reports, accounting documents, commercial and business letters, documents relevant for taxation, etc.).

According to legal requirements in Austria, storage takes place in particular for 7 years in accordance with Section 132 (1) BAO (accounting documents, receipts / invoices, accounts, receipts, business papers, list of income and expenses, etc.), for 22 years in connection with land and for 10 years for documents in connection with electronically provided services, telecommunications, radio and television services that are provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.

 

Business related processing

We also process
- Contract data (e.g., subject of the contract, term, customer category).
- Payment data (e.g. bank details, payment history)
by our customers, prospects and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.

 

Hosting

The hosting services we use serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, security services and technical maintenance services that we use for the purpose of operating this online offer.

We or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta and communication data from customers, interested parties and visitors to this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer in accordance with Art. 6 Para. 1 lit.f GDPR in conjunction with Art. 28 GDPR (conclusion of an order processing contract).

 

Collection of access data and log files

We, or our hosting provider, collect data on every access to the server on which this service is located (so-called server log files) on the basis of our legitimate interests within the meaning of Art. 6 Paragraph 1 lit. The access data includes the name of the accessed website, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider .

For security reasons (e.g. to investigate acts of abuse or fraud), log file information is stored for a maximum of 7 days and then deleted. Data, the further storage of which is necessary for evidence purposes, are excluded from deletion until the respective incident has been finally clarified.

 

Order processing in the online shop and customer account

We process the data of our customers as part of the order processes in our online shop in order to enable them to select and order the selected products and services, as well as their payment and delivery or execution.

The processed data includes inventory data, communication data, contract data, payment data and the persons affected by the processing include our customers, interested parties and other business partners. The processing takes place for the purpose of providing contractual services in the context of the operation of an online shop, billing, delivery and customer services. We use session cookies to store the contents of the shopping cart and permanent cookies to store the login status.

The processing takes place on the basis of Art. 6 Paragraph 1 lit. b (execution of order processes) and c (legally required archiving) GDPR. The information marked as necessary is required for the establishment and fulfillment of the contract. We only disclose the data to third parties in the context of delivery, payment or in the context of legal permits and obligations to legal advisors and authorities. The data will only be processed in third countries if this is necessary to fulfill the contract (e.g. at the customer's request for delivery or payment).

Users can optionally create a user account in which they can see their orders in particular. As part of the registration, the required mandatory information is communicated to the users. The user accounts are not public and cannot be indexed by search engines. If users have terminated their user account, their data will be deleted with regard to the user account, subject to their retention is necessary for commercial or tax reasons in accordance with Art. 6 Para. 1 lit. c GDPR. Information in the customer account remains until it is deleted with subsequent archiving in the event of a legal obligation. It is up to the users to save their data in the event of termination before the end of the contract.

As part of the registration and renewed logins as well as the use of our online services, we save the IP address and the time of the respective user action. The storage takes place on the basis of our legitimate interests, as well as the users in protection against misuse and other unauthorized use. A transfer of this data to third parties does not take place, unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with Article 6 Paragraph 1 lit.

The deletion takes place after the expiry of statutory warranty and comparable obligations, the necessity of storing the data is checked every three years; In the case of the statutory archiving obligations, the deletion takes place after their expiry (end of commercial law (6 years) and tax law (10 years) retention obligation).

 

Agency services

We process our customers' data as part of our contractual services, which include conceptual and strategic advice, campaign planning, software and design development / advice or maintenance, implementation of campaigns and processes / handling, server administration, data analysis / consulting services and training services.

We process inventory data (e.g., customer master data, such as names or addresses), contact data (e.g., e-mail, telephone numbers), content data (e.g., text entries, photographs, videos), contract data (e.g., subject of the contract, term), payment data (e.g., Bank details, payment history), usage and metadata (e.g. in the context of evaluating and measuring the success of marketing measures). In principle, we do not process special categories of personal data, unless these are part of a commissioned processing. Those affected include our customers, interested parties and their customers, users, website visitors or employees as well as third parties. The purpose of processing is to provide contractual services, billing and our customer service. The legal basis for processing results from Art. 6 Paragraph 1 lit. b GDPR (contractual services), Art. 6 Paragraph 1 lit. f GDPR (analysis, statistics, optimization, security measures). We process data that are necessary for the establishment and fulfillment of the contractual services and point out that it is necessary to provide them. Disclosure to external parties only takes place if it is necessary in the context of an order. When processing the data provided to us within the scope of an order, we act in accordance with the instructions of the client and the legal requirements for order processing in accordance with Art. 28 GDPR and do not process the data for any purposes other than those in accordance with the order.

We delete the data after the expiry of statutory warranty and comparable obligations. The necessity of storing the data is reviewed every three years; In the case of the legal archiving obligations, the deletion takes place after their expiry (6 J, according to § 257 Abs. 1 HGB, 10 J, according to § 147 Abs. 1 AO). In the case of data that has been disclosed to us in the context of an order by the client, we delete the data in accordance with the specifications of the order, generally after the end of the order.

 

contact

When contacting us (e.g. via the contact form, email, telephone or via social media), the information provided by the user is processed in order to process and process the contact request in accordance with Art. 6 Para. 1 lit. b) GDPR. The information provided by the users can be stored in a customer relationship management system ("CRM system") or a comparable request organization.

We delete the inquiries if they are no longer required. We review the requirement every two years; The statutory archiving obligations also apply.

 

Online presence in social media

We maintain an online presence within social networks and platforms in order to be able to communicate with the customers, interested parties and users active there and to inform them about our services. When calling up the respective networks and platforms, the terms and conditions and the data processing guidelines of their respective operators apply.

Unless otherwise stated in our data protection declaration, we process the data of the users as long as they communicate with us within the social networks and platforms, e.g. write articles on our online presence or send us messages.

 

Integration of services and content from third parties

We use content or service offers from third-party providers within our online offer on the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 Para. 1 lit. Integrate services such as videos or fonts (hereinafter uniformly referred to as “content”).

This always presupposes that the third-party providers of this content perceive the IP address of the users, since they would not be able to send the content to their browser without the IP address. The IP address is therefore required to display this content. We strive to only use content whose respective provider only uses the IP address to deliver the content. Third-party providers can also use so-called pixel tags (invisible graphics, also known as "web beacons") for statistical or marketing purposes. The "pixel tags" can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information can also be stored in cookies on the user's device and contain, among other things, technical information about the browser and operating system, referring websites, visiting time and other information about the use of our online offer, as well as being linked to such information from other sources.

 

Youtube

We embed the videos from the “YouTube” platform provided by Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Data protection:  https://www.google.com/policies/privacy/ , opt-out:  https://adssettings.google.com/authenticated

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Google ReCaptcha

We incorporate the function for recognizing bots, for example when entering online forms ("ReCaptcha") provided by Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Data protection:  https://www.google.com/policies/privacy/ , opt-out:  https://adssettings.google.com/authenticated .
 

Google Maps

We incorporate maps from the “Google Maps” service provided by Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. The processed data may include, in particular, the users' IP addresses and location data, which, however, are not collected without their consent (usually within the framework of the settings of their mobile devices). The data can be processed in the USA. Data protection:  https://www.google.com/policies/privacy/ , opt-out:  https://adssettings.google.com/authenticated .

Created with Datenschutz-Generator.de by RA Dr. Thomas Schwenke

 

 

Notes on data processing in connection with Google Analytics

This website uses Google Analytics, a web analysis service from Google Ireland Limited. If the person responsible for data processing on this website is outside the European Economic Area or Switzerland, Google Analytics data processing is carried out by Google LLC. Google LLC and Google Ireland Limited are hereinafter referred to as "Google".

Google Analytics uses so-called "cookies", text files that are stored on the visitor's computer and that enable an analysis of the website visitor's use of the website. The information generated by the cookie about the use of this website by the site visitor (including the abbreviated IP address) is usually transmitted to a Google server and stored there.

Google Analytics is only used on this website with the "_anonymizeIp ()" extension. This extension ensures anonymization of the IP address by shortening it and rules out any direct personal reference. As a result of the extension, Google's IP address will be shortened beforehand within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. The full IP address will only be sent to a Google server in the USA and shortened there in exceptional cases. The IP address transmitted by the relevant browser as part of Google Analytics will not be merged with other Google data.

On behalf of the site operator, Google will use the information to evaluate the use of the website, to compile reports on website activity and to provide the site operator with other services related to website and internet use (Art. 6 Para. 1 lit. f GDPR). The legitimate interest in data processing lies in the optimization of this website, the analysis of the use of the website and the adaptation of the content. The interests of the users are adequately protected by the pseudonymization.

Google LLC. offers a guarantee on the basis of the standard contractual clauses to comply with an appropriate level of data protection. The data sent and linked to cookies, user IDs (e.g. user ID) or advertising IDs are automatically deleted after 50 months. The deletion of data whose retention period has expired takes place automatically once a month.

The collection by Google Analytics can be prevented by the page visitor adjusting the cookie settings for this website. The collection and storage of the IP address and the data generated by cookies can also be objected to at any time with effect for the future. The corresponding browser plug-in can be downloaded and installed from the following link:
  https://tools.google.com/dlpage/gaoptout .

The page visitor can prevent Google Analytics from collecting data on this website by clicking on the following
  link  clicks. An opt-out cookie is set which prevents future collection of data when you visit this website.

Further information on the use of data by Google, setting and objection options can be found in Google's data protection declaration (https://policies.google.com/privacy ) and in the settings for the display of advertisements by Google ( https: // adssettings. google.com/authenticated ).

 

reCAPTCHA

To protect your inquiries via the Internet form, we use the reCAPTCHA service from Google LLC (Google). The query is used to differentiate whether the input is made by a person or improperly by automated, machine processing. The query includes the sending of the IP address and any other data required by Google for the reCAPTCHA service to Google. For this purpose, your input will be transmitted to Google and used there. However, your IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. The full IP address will only be sent to a Google server in the USA and shortened there in exceptional cases. On behalf of the operator of this website, Google will use this information to evaluate your use of this service. The IP address transmitted by your browser as part of reCaptcha will not be merged with other Google data. The different data protection provisions of Google apply to this data. You can find more information on Google's data protection guidelines at:  https://policies.google.com/privacy?hl=de

Terms and Conditions (GTC)

1. Photo template & retention of title
The original photo, if not photographed personally by the client, should be free from third-party rights. If the template was taken by a photographer, the client must obtain the photographer's permission and pay the photographer himself / herself any fees incurred in order to be able to use it as a template for a portrait! The photographer's consent must be obtained in writing and a copy must be submitted to the contractor!
 

The commissioned work remains the property of the contractor until the agreed fee has been paid in full.

 

2. Payment Agreement
When the order is placed, 30% of the agreed fee is due. The remaining 70% of the remaining fee must be transferred within 7 days of readiness for dispatch.

3. Transfer of usage rights

The author of the painting retains full copyright to the works. The original image in physical form becomes the property of the client and may use the copyright for the work for private purposes. The use of the work for commercial purposes is only permitted with the written consent of the author (artist - contractor). When the work is published, the client is obliged to state the first and last name of the author (artist) as a requirement resulting from personal rights.

4. Delivery
Delivery dates that can be bindingly agreed must be recorded in writing in the order. Delivery periods begin with the placing of the order and receipt of the deposit of the fee in the amount of 50%. The delivery time is usually 8-6 calendar weeks. Delivery is free from the contractor's studio. Orders and deliveries are generally possible worldwide. If you order a portrait from abroad, we ask you to inquire about the precise shipping costs before purchasing.

5. Changes
Supplements to the contract and special agreements are only effective if they are fixed in writing. If parts of this contract are void or legally ineffective, the remainder of the contract will continue to apply. The void or legally ineffective parts should then be interpreted in such a way that, as a whole, the meaning of the contract is retained.

  

6. Place of performance & warranty
The place of performance is the contractor Adam Dobrowolski's studio in Poland. The service to be provided by the contractor is an artistic work for which the contractor claims extensive artistic freedom. As part of the agreements made when placing the order, the contractor is free to design the work.

 Payment Methods

-Transfer 
- PAYPAL

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