Pursuant to Article 8(1) of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws 2017.1219, uniform text), the ToTuart Sp. z o.o. with its registered office in Gdańsk at ul. Śnieżna 3 (hereinafter referred to as the „ToTuart”) hereby publishes the newsletter regulations:
- The free newsletter service (commercial information received electronically) is provided by the ToTuart according to the rules specified in these Regulations. Before agreeing to use the newsletter service, please read these Regulations carefully.
- The User may agree to receive commercial information from the ToTuart electronically.
- After agreeing to receive offers from the ToTuart by e-mail, the User will receive periodically a message in electronic form containing information about offers or ToTuart services to the e-mail address given when subscribing to the newsletter.
- An offer sent electronically, in addition to the offers indicated in section 3, shall contain in particular: information about the sender and its electronic addresses, a completed “subject” field, specifying the content of the message, and information about the possibility and manner of cancelling the receipt of offers electronically.
- An electronic tender may be received by any person who has consented to receive tenders electronically and has provided his or her e-mail address. The User of the www.totuart.com website, by completing the subscription form available on the website, agrees to receive offers electronically. After completing the form, the person will immediately receive a confirmation from the ToTuart by e-mail to the e-mail address given in the form.
- By agreeing to receive offers electronically, the User concludes a contract with the ToTuart for sending commercial information electronically.
- If the User agrees to receive commercial information by electronic means from entities related in terms of equity with the ToTuart, the provisions of sections 1 to 10 shall apply to services provided by electronic means by these entities.
- The User has the right to cancel the newsletter service at any time. The User can cancel the subscription by clicking on the “Cancel” link at the bottom of each email sent.
- Removal of the User’s mail account from the newsletter’s address database is immediate and is signalled by a message confirming the operation.
- By subscribing to the newsletter, the User agrees that the ToTuart may send advertisements and commercial information by means of the newsletter within the meaning of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws 2017.1219, uniform text) to the User’s e-mail account.
Information obligation in accordance with Article 13 of the GDPR*
(*the Regulation (EC) No 2016/679 of the European Parliament and of the Council of 27 April 2016 in relation to the protection of individuals with regard to the processing of their personal data and on the free movement of such data as well as the repeal of Directive 95/46/EC (General Data Protection Regulation):
Who is the Controller of your personal data?
The Controller of your personal data is the ToTuart Sp z o. o. with its registered office in Gdańsk at ul. Śnieżna 3 (hereinafter referred to as the „We”, ToTuart” or „Company”) running the ToTuart Gallery, website www.totuart.com and an online shop on www.sklep.totuart.com.
Contact regarding the processing of your personal data by the ToTuart
You can contact us by letter, e-mail and telephone to get information about our processing of your personal data. Our contact details are listed below:
ToTuart Sp. z o.o.
phone: 690 869 200
How did we receive your data?
We received the data from you when concluding a commissioned sales agreement, concluding a gallery sales contract, concluding a maintenance contract or providing other services, handing over the object for valuation, through a contact form, during personal or online registration for auctions conducted via Allegro, or you provided us with it by e-mail.
Why and on what legal basis do we process your personal data?
We process your personal data because it is necessary to perform the contract concluded with you, including to:
- perform contracts concluded under a sales, maintenance, framing or commissioned sales agreement;
- handle your complaint in case you make such a complaint;
- handle requests you send to us (e.g. via the contact form);
- contact you, including for the purposes of fulfilling contracts, making and receiving payments.
In addition, the law requires us to process your data for the following purposes:
- tax and accounting;
- prevention of money laundering and terrorist financing.
Your data is also processed by the ToTuart on the basis of a legitimate interest of the ToTuart, for the purposes indicated below:
- conducting marketing activities towards you, including direct marketing of goods and services offered by the ToTuart;
- contacting you, including for the purposes of permitted marketing activities, through available channels of communication, in particular, and with your consent, by e-mail and telephone;
- handling your requests submitted in particular to the Customer Service Office and through the contact form if they are not directly related to the performance of the contract;
- debt collection; conducting court, arbitration and mediation proceedings;
- storing data for archiving purposes, and ensuring accountability (demonstrating our compliance with legal obligations).
If you agree to this, we process your personal data for the purpose of saving data in cookies, collecting data from websites.
You can withdraw your consent to the processing of your personal data in any way, at any time.
We will process your personal data until you withdraw your consent or until our obligation to process your data, imposed on us by common law, expires.
Do you have to provide us with your personal data?
For the purposes of performing our obligations under the contract that is binding for us and to comply with the requirements of generally applicable law, we require you to provide the following personal data:
- First and last name;
- Place of residence or address for correspondence;
- PESEL or identity document number;
- e-mail address;
- phone number;
- bank account number
If for some reason you do not provide your personal data (excluding your bank account number), we will unfortunately not be able to conclude a contract with you. If required by law, we may require you to provide other information which is necessary, for example for accounting or tax purposes. Apart from the foregoing grounds, provision of your data is voluntary.
What are your rights in relation to the processing of personal data by the ToTuart?
You have the following rights related to the processing of personal data:
- right to withdraw consent to data processing,
- right of access to your personal data,
- right to rectification of your personal data,
- right to erasure of your personal data,
- right to restriction of processing of your personal data,
- right to object to the processing of your data due to your specific situation – in cases where we process your data on the basis of our legitimate interest,
- right to your personal data portability, i.e. the right to receive your personal data from us, in a structured, commonly used, machine-readable IT format. You can send this data to another data controller or request that we send your data to another controller. However, we will only do so, provided that such a portability is technically possible. You only have the right to portability of the data that we process on the basis of a contract with you or in accordance with your consent,
To exercise the above rights, please contact us through the form available on www.totuart.com or in our Gallery.
You can use these rights when:
- regarding the request for rectification: you will notice that your data is incorrect or incomplete;
- with regard to the request to erase data: Your data will no longer be necessary for the purposes for which they were collected by the Company; you withdraw your consent to the processing of your data; you object to the processing of your data; your data is processed unlawfully; your data should be deleted in order to comply with an obligation under the law or your data was collected in connection with the provision of electronic services offered to a child;
- with regard to requesting a restriction of data processing: you notice that your data is inaccurate – you may request that the processing of your data be restricted for a period of time that allows us to verify the accuracy of the data; your data is processed unlawfully but you will not want it to be deleted; your data will no longer be needed by us but may be needed by you to defend or assert your claims; or you will object to the processing of your data – until it has been ascertained whether a legitimate ground on our part prevails over the ground for objection;
- with regard to the request for data portability: the processing of your data is carried out on the basis of your consent or a contract concluded with you and when this processing is carried out automatically.
You have the right to lodge a complaint regarding the processing of your personal data by us with the supervisory authority, which is the President of the Personal Data Protection Office with its registered office in Warsaw at ul. Stawki 2.
When can you object to the processing of your data by the ToTuart?
You have the right to object to the processing of your personal data when:
- the processing of your personal data is carried out on the basis of a legitimate interest or for statistical purposes, and your objection is justified by your particular situation,
- Your personal data is processed for direct marketing purposes, including profiling for this purpose.
Remember that you can exercise your right of objection from 25 May 2018.
Who do we share your personal data with?
We make your personal data available to entities that support us in keeping accounts, the website, IT systems and providing consulting and auditing services. The entities to which we entrust the processing of your personal data perform their tasks on the basis of an agreement with us and only according to our instructions. Our personal data processing agreements contain contractual clauses approved by the European Commission. In addition, we may transfer your personal data to public authorities fighting fraud and misuse.
How long do we store your personal data?
We store your personal data for the duration of the contract concluded with you, as well as after its termination for purposes:
- seeking claims in relation to the performance of the contract,
- performing obligations arising from legal regulations, including in particular tax and accounting regulations,
- preventing abuse and fraud,
- statistical and archiving,
for a maximum period of 10 years from the date of termination of the contract or for the period specified by law which requires us to process your data.
We store your personal data for marketing purposes for the duration of the contract or until you object to such processing, whichever occurs first.
Do we transfer your data to countries outside the European Economic Area?
Your personal data will be transferred outside the European Economic Area to Google LLC, HubSpot Inc, MailJet Inc on the basis of appropriate legal safeguards, which are contractual data protection clauses approved by the European Commission.
Do we process your personal data automatically (including profiling) in a way that affects your rights?
Your personal data will be processed automatically, but without the use of automated profiling.
This will not have any legal effect on you, or similarly significantly affect your situation.
Withdrawal from consent to the processing of personal data
You may at any time withdraw your consent to the processing of your personal data or exercise your other rights in connection with the processing of personal data. For this purpose, please download the form below, print, fill it in and then sign and send it back by e-mail to: firstname.lastname@example.org or by post to the address: Plac Konesera 3 Butelkownia Parter 03-736 Warsaw, Poland