PRIVACY POLICY
At The Art Pledge, protecting your personal data is our priority.
When you use the platform theartpledge.org (hereinafter the "Platform"), we are required to collect personal data about you.
The purpose of this policy is to inform you on how we process your personal data in compliance with Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter the "GDPR").
Who is the data controller ?
The data controller is The Art Pledge, simplified joint-stock company, registered with the Registry of Trade and Companies of Pontoise under the number 897 645 693 and whose head office is located at 40 rue Saint Protais, 95550 BESSANCOURT, FRANCE (hereinafter “Us” or “We”).
What personal data do we collect ?
The term ‘personal data’ means data enable to identify a natural person 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.
We may collect the following personal data:
- Identification and contact data (e.g. full name, email and postal addresses, telephone number, your position);
- Login data (e.g. logs, IP address);
- Causes you support;
- Economic and financial data (e.g. bank details).
Arcarta, our customer due diligence platform, may collect some data on our behalf in order to help us fulfill our AML due diligence obligations.
We inform you, when collecting your personal data, whether some of these data are mandatory or optional. Mandatory data are necessary for the provision of our services.
On what legal basis, for what purposes and for how long do we keep your personal data ?
| Purposes | Legal basis | Data retention period |
| To provide you with our services available on our Platform (connect gallerists and buyers together) | Performance of a contract to which you are party and/or taking steps at your request prior to entering into a contract |
When you have created your account: personal data are retained for the duration of your account plus 3 years after the deletion of your account for prospection purposes. If your account is inactive for a period of 1 year, it will be deleted. When you have not created your account: your data is retained for 3 years for prospecting purposes. In addition, personal data may be archived for probationary purposes for a period of 5 years. |
| To perform operations related to contracts, invoices and customer relationship management | Performance of a contract to which you are party |
Personal data are retained for the duration of our business relationship, plus a period of 3 years from the termination of this relationship. In addition, the data relating to your transactions (with the exception of your economic and financial data) are archived for probationary purposes for a period of 5 years. |
| To compile a database of customers and prospects | Our legitimate interest in developing and promoting our business |
For our clients: their personal data are retained for the duration of the business relationship plus a period of 3 years from the termination of this relationship. For our prospects: their personal data are retained for a period of 3 years starting from the last contact with us (e.g. communication, action). In addition, personal data may be archived for probationary purposes for a period of 5 years. |
| To send newsletters, requests and direct marketing mailings | Our legitimate interest in developing and promoting our business | Personal data are retained for a period of 3 years starting from the last contact with us (e.g. communication, action). |
| To answer to your information request and other inquiries | Our legitimate interest in responding to your inquiries | Personal data are retained for the necessary time to process your request and are deleted once the request has been processed. |
| To comply with our legal and regulatory obligations | Legal and regulatory obligations |
Invoices are archived for a period of 10 years. In addition, the data relating to your transactions (with the exception of your banking data) are archived for probationary purposes for a period of 5 years. |
| To process data subjects’ requests to exercise their rights | Legal and regulatory obligations |
If we ask you for proof of identity: we only retain it for the necessary time to verify your identity. Once the verification has been carried out, the proof is deleted. If you exercise your right to object to stop your data being used for direct marketing: we keep this information for 3 years. |
Who are the recipients of your personal data ?
Will have access to your personal data:
- The staff of our company;
- Our processors: hosting provider, CRM tool, mailing provider, payment services provider, our customer due diligence provider;
- If applicable: public and private organizations, exclusively to comply with our legal obligations.
Is your personal data likely to be transferred outside the European Union ?
Your personal data is hosted for the duration of the processing on the servers of the company Scaleway (Online), located in the European Union.
As part of the tools we use (see article 4 on the recipients of your personal data, especially our processors), your personal data may be transferred outside the European Union. The transfer of your personal data in this context is secured with the use of following safeguards:
- Either personal data are transferred to a country that has been recognized as ensuring an adequate level of protection by a decision of the European Commission;
- Or specific contracts have been executed with our processors for the transfer of your personal data outside the European Union, based on the Standard Contractual Clauses between a controller and a processor approved by the European Commission;
- Or appropriate safeguards as defined by the GDPR have been undertaken.
What rights do you have regarding your personal data ?
You have the following rights with regard to your personal data:
- Right to be informed: this is precisely why we have drafted this privacy policy as defined by articles 13 and 14 of the GDPR.
- Right of access: you have the right to access all your personal data at any time as defined by article 15 of the GDPR.
- Right to rectification: you have the right to rectify your inaccurate, incomplete or obsolete personal data at any time as defined by article 16 of the GDPR.
- Right to restriction of processing: you have the right to restrict the processing of your personal data in certain cases defined in article 18 of the GDPR.
- Right to erasure (“right to be forgotten”): you have the right to request that your personal data be deleted and to prohibit any future collection as defined by article 17 of the GDPR.
- Right to file a complaint to a competent supervisory authority (in France, the CNIL), under GDPR article 77, if you consider that the processing of your personal data constitutes a breach of applicable regulations.
- Right to define instructions related to the retention, deletion and communication of your personal data after your death (article 40-1 of French law “informatique et libertés”).
- Right to data portability: under specific conditions defined in article 20 of the GDPR, you have the right to receive the personal data you have provided us in a standard machine-readable format and to require their transfer to the recipient of your choice.
- Right to object: You have the right to object to the processing of your personal data as defined by article 21 of the GDPR. Please note that we may continue to process your personal data despite this opposition for legitimate reasons or for the defense of legal claims.
You can exercise these rights by writing to us using the contact details below. For this matter we may ask you to provide us with additional information or documents to prove your identity.
Contact information for data privacy matters
Contact email: contact@theartpledge.org
Contact address: The Art Pledge, 40 rue Saint Protais, 95550 BESSANCOURT, FRANCE
Modifications
We may modify this privacy policy at any time, in particular in order to comply with any regulatory, jurisprudential, editorial or technical change. These modifications will apply on the date of entry into force of the modified version. Please regularly consult the latest version of this privacy policy. You will be kept posted on any significant change of the privacy policy.
Entry into force: December 17th 2021