1. Personal Data collected by the ApplicationThe Data Controller shall collect the following categories of Personal Data:
- (i) Voluntary contents and information provided by the User
- • Contact information and contents: Personal Data that the User voluntarily provides to the Application during use, such as personal details, contact information, login credentials to services and / or products provided, interests and preferences, personal interests and preferences and any other personal contents, etc.
- • ID data: Personal Data that the User provides to the Application in relation to his/her identity such as name, data and place of birth, place of residence/domicile, etc.;
- • Financial data: Personal Data the User provides the Application/the Data Controller in order to allow the Data Controller to fulfil its legal obligations including data collection for AML identification, screening and monitoring. Financial data may include income levels, sources of income, etc.
If the User does not communicate Personal Data, for which there is a legal or contractual obligation, it will be impossible to the Data Controller to provide, in whole or in part, its services. It will be impossible also in case that Personal Data is necessary requirement for the use of the service or for the execution of the contract.
The User who communicates to the Data Controller third parties Personal Data, is directly and exclusively liable for their origin, collection, processing, communication or disclosure.
- (ii) Data and contents automatically acquired while using the Application
- • Technical Data: the computer system and the software procedures functional to this Application may acquire, in the course of their ordinary activity, any Personal Data whose communication is implicit in the use of internet communication protocols. Such information is not collected to be associated with identified Users, however, those Data, due to its nature, may identify Users in the Processing and through the association with Data held by third parties. This category includes IP addresses or domain names used by Users who connect to the Application, addresses of Uniform Resource Identifier (URI) of the requested resources, time of the request, method used to submit the request to the server, size of the file obtained, etc.
- • Usage Data: Personal Data may be collected relating to the use of the Application by the User, such as the pages visited, the actions performed, the features and services used by the User.
- (iii) Personal Data collected through cookies or similar technologies
2. Purposes of the processingCollected Personal Data may be used for the performance of contractual and pre-contractual obligations and legal obligations as well as for the following purposes:
- (i) Registration and authentication of the User: to allow the User to register in the Application for access and identification.
- (ii) Support and contact with the User: to answer User’s requests and provide help in case of issues.
- (iii) Technical monitoring of the infrastructure for maintenance, fixing and improvement of performance: to identify and solve technical issues and improve performance.
- (iv) Monitoring, analysis and tracking of the User behaviour: to monitor and analyse how the User behaves in the Application.
- (v) Completing and performing sale and purchase agreement, enforcement: to allow interested parties to execute and perform contractual relationship facilitated by the Platform.
3. Personal Data processing methods
The Processing of Personal Data is performed with paper, IT and/or digital tools, with methods of organizations and with logics strictly related to the indicated purposes.
In certain cases, subjects other than the Data Controller who are involved in the organization of the Data Controller (such as personnel management, sales personnel, system administrators employees, etc.) or who are not (as IT companies, service providers, postal couriers, hosting providers, etc.) may access to Personal Data. These subjects, will be appointed, where necessary, as Data Processors by the Data Controller and will have access to Users Personal Data whenever required, and shall be contractually obliged to keep it confidential.
The updated list of Data Processors may be requested via email at the email address [email protected].
While the Application does use DLT/blockchain technology for the creation and transfer of non-fungible tokens (NFTs) (including public permission-less variants of DLT/blockchain which are not under the control of one or more predetermined or identifiable entities) for the performance of its obligations, no Personal Data is uploaded or otherwise stored on DLT systems. However, data stored on DLT/blockchain (e.g., the hash output of specific documents) could be traced back to a specific user in light of the unique and non-fungible nature of the NFT, the Art Piece and/or the specific sale transaction. The User is hereby informed that the Data Controller is not in the technical or legal position to modify, amend, delete, transfer or otherwise alter data stored on the DLT/Blockchain systems used.
4. Legal basis for the processingUser’s Personal Data is processed on the following legal basis:
- (i) user's consent for one or more specific purposes
- (ii) processing is necessary for the performance of a contract with the User and/or for the performance of pre-contractual measures
- (iii) processing is necessary to comply with a legal obligation to which the Data Controller is subject
- (iv) processing is necessary for the performance of a task carried out in the public interest or for the exercise of public authority vested in the Data Controller
- (v) processing is necessary for the purposes of the legitimate interest pursued by the Data Controller or by a third party
- (vi) processing is necessary for the purposes of the vital interest pursued by the Data Controller or by a third party
It is always possible to ask the Data Controller to clarify the legal basis of each processing at the following mailing address [email protected].
Personal Data are processed in the operative offices of the Data Controller and in any other place in which the parties involved in the Data processing are located. For further information, you may contact the Data Controller at the following email address [email protected] or at the following mailing address 20-22 Wenlock Road, London N1 7GU - GB, Company N. 12731513.
6. Security of processing
The Data Processing is performed through adequate methods and tools to ensure the Personal Data security and confidentiality, as the Data Controller has implemented appropriate technical and organizational measures which guarantee, in a provable way, that the Processing complies with the applicable law.
7. Period of storage of Data
Personal Data will be stored for the time necessary to perform the purposes for which they have been collected.
In particular, Personal Data will be stored for the whole duration of the agreement, to fulfil the inherent and consequent obligations, for the compliance with law provisions and for defensive purposes.
When the Processing of Personal Data is based on the User consent, the Data Controller may store Personal Data until the withdrawal of such consent.
Personal Data may be stored for a longer period of time in order to perform a legal obligation or public Authority order.
All Personal Data shall be deleted or stored in a form that shall not allow the identification of the User within 30 days from the end of the storage period. At the expiration of such period, the right to access, rectify, erase and of portability of Personal Data cannot be exercised.
8. Automated individual decision-making
All collected Data shall not be subject to automated individual decision-making, including profiling, which may produce legal effects concerning the User or may significantly affect the User.
9. Rights of the User
The Users may exercise specific rights with respect to Personal Data processed by the Data Controller. In particular, the User has the right to:
- a. withdraw its consent at any time;
- b. object the Processing of its Data;
- c. access its Data;
- d. monitor and request the rectification of Data;
- e. obtain a restriction of Processing;
- f. obtain the erasure or remotion of its Personal Data;
- g. receive its Data or obtain the transfer to a different Data Controller;
- h. lodge a complaint before the supervisory authority for the protection of personal data or start legal proceedings.
In order to exercise their rights, the Users may send a request to the contact information of the Data Controller indicated in this document. These requests are free of charge and performed by the Data Controller in the shortest possible time, in any case no later than 30 days.
10. Data Controller
The Data Controller is Artvise Ltd, with registered office in 20-22 Wenlock Road, London N1 7G - GB, Company N. 12731513, e-mail [email protected].