We take your privacy very seriously.Please read this privacy notice carefully as it contains important informationon who we are and how and why we collect, store, use and share your personalinformation. It also explains your rights in relation to your personalinformation and how to contact us or supervisory authorities in the event youhave a complaint.We collect, use and are responsible forcertain personal information about you. When we do so we are subject to theGeneral Data Protection Regulation, which applies across the European Union andthe Data Protection Act 2018 and we are responsible as ‘controller’ of thatpersonal information for the purposes of those laws.
Our Contact Details
Bendana | Pinel Art Contemporain
4 Rue du Perche | 75003 Paris
Tel: +33 1 42 74 22 97
Email: galerie@bendana-pinel.com
Data Protection Administrator
Yasuko Egawa
yasuko@bendana-pinel.com
4 Rue du Perche | 75003 Paris
Personal information we collect and holdabout you
The type of personal information wecollect about you depends on the relationship we have with you.
We may collect and use the followingpersonal information about you:
Clients/Potential Clients
- your name and contact information, including address, email address and telephone numbers
- delivery address for delivery of purchase
- your identification and other documentation (such as passport, ID card, proof of address) for our 'Know Your Client' checks
- your billing information, transaction and payment information
- your purchase history and ownership of artworks
- information about how you use our website, IT, communication and other systems
- details of your attendance at any of our events
- Any other information that may identify you that you have voluntarily provided to us
Artists/Potential Artists
- your name, address and contact information, including address, email address and telephone numbers
- your identification and other documentation (such as passport, ID card, proof of address) for our ‘Know Your Client’ checks
- history of your works
- financial details, transactions and payment information
- information about how you use our website, IT, communication and other systems
- details of your attendance at any of our events
- we may also collect other personal information about you, such as birthdays and names, in order to forge and maintain our close relationship
- Any other information that may identify you that you have voluntarily provided to us
Others
- CVs and contact details if you are applying for a position
- Contact details to facilitate or establish any relationship with you
This personal information is required toprovide services or items to you or to receive services or items from you. Ifyou do not provide personal information we ask for, it may delay or prevent usfrom providing or obtaining items and/or services to you.
How your personal information is collected ?
We collect most of this personalinformation directly from you in person, by telephone, email and/or via ourwebsite.
How and why we use your personalinformation ?
Under data protection law, we can only useyour personal information if we have a proper reason for doing so, for example:
- to comply with our legal and regulatory obligations
- for the performance of our contract with you or to take steps at your request before entering into a contract with you
- for our legitimate interests or those of a third party, or
- where you have given consent
A legitimate interest is when we have abusiness or commercial reason to use your information, so long as this is notoverridden by your own rights and interests.The table below explains what we use(process) your personal information for and our reasons for doing so:
What we use your personal information for
Where it is necessary to comply with professional,legal and regulatory obligations that apply to our business, such as tax, moneylaundering or health and safety regulations.
Statistical analysis to help manage our business
Preventing unauthorised access and modifications tosystems/websites
Updating and enhancing client and artists records
Fulfilling Orders for artwork or services orrespond to enquiries prior to a purchase
Responding to general enquiries
Facilitate art fairs and events
Marketing our artworks, artists and services toexisting and former clients or potential clients who have previously expressedan interest in our artwork, services or a particular artist
Audits of our Business
Recruitment
Business contacts
Artists
Ownership of artworks
Reasons and our lawful grounds
We will only use your personal data to the extentthat we are bound to do so by law or regulations in order that we can complywith that obligation. (legal obligation)
We have a legitimate interest in understandingstatistics behind purchases of artwork or usage of our website in order to beable to provide you with artwork and services that best suit your needs and toimprove our services. (legitimate interest)
We have a legitimate interest in protecting oursystems and our website from unauthorised access modification or othermalicious activity. (legitimate interest)
We are required to ensure we take reasonable stepsto keep your personal data up to date. (legal obligation). We ensure we canmatch you with products and services that you would be most interested in orbest suit your needs (legitimate interest)
For us to fulfil any purchases you’ve made from usor any purchase we have made from you or facilitate any future purchases.(necessary for contract)
For us to properly respond to any other enquirieswith regards our artwork and services or any special events or art fairs.(legitimate interest/necessary for contract)
To let you know about exclusive art fairs or eventsthat are likely to be of interest to you where there is or has been somerelationship or contact between us. To administrate, organise and facilitatethose events (legitimate interest)
To provide you with details of any of our artwork, services or a particular artist that would be relevant to you and any exclusive offers. (legitimate interest).
For business management and planning, includingaccounting and auditing, conducting performance reviews, managing performanceand determining performance requirements. (legitimate interest)
In order to consider you for roles within ourorganisation we will need to discuss your application and personal informationwith relevant employees. Only employees involved within the recruitment process will have access toyour information and will keep it secure. If you are not selected for aninterview, your personal information will be deleted from our systems within 6 weeks.
In order to facilitate any business to businessrelationships with suppliers or other businesses we will need to processpersonal details of persons within those businesses such as names, emailaddresses and job titles. (legitimate interest)
In order to facilitate any contractual obligations(necessary for contract) and in order to promote you and your artwork toclient’s and potential clients. (legitimate interest)
Forgeries are a problem within the artworld. Inorder to combat this it is important to establish a chain of provenance rightback to the artist. We have a legitimate interest to keep details of purchases,artists and owners indefinitely to prevent forgery and preserve the value ofthe artwork. (legitimate interest)
Promotional communications
We may use your personal information tosend you updates by email, post or social media communications about ourartwork, a particular artist’s products, services, art fairs and eventsincluding exclusive offers, promotions, new artworks and new artists.
We have a legitimate interest inprocessing your personal information for promotional purposes (see above ‘Howand why we use your personal information’). This means we do not usually needyour consent to send you promotional communications. However, where consent isneeded, we will ask for this consent separately and clearly.
We will always treat your personalinformation with the utmost respect and never sell it to other organisationsoutside Bendana | Pinel Art Contemporain for marketing purposes.
We may share your personal information formarketing purposes with third parties but only where we have engaged such thirdparties to market on our behalf and only in relation to our existing or newartwork, artists, events and art fairs. They will only act upon our strict instructions and we will only allow them to handle your personal information if we are satisfied they take appropriate measures to protect your personal information.
You have the right to opt out of receivingpromotional communications at any time by:
- contacting us at galerie@bendana-pinel.com
- using the ‘unsubscribe’ link in emails
Who we share your personal information with
We routinely share personal information with:
- companies within the Bendana | Pinel Art Contemporain Group;
- third parties we use to help deliver our artwork, services, events or art fairs, for example, payment service providers, delivery companies, event or fair organisers/suppliers;
- other third parties we use to help us run our business, for example, marketing agencies, website hosts or administrative/audit functions;
- our insurers and brokers (if applicable);
- our bank, (if applicable);
We only allow our service providers tohandle your personal information if we are satisfied they take appropriatemeasures to protect your personal information. We may also share personalinformation with external auditors for accreditation and the audit of ouraccounts.
We may disclose and exchange informationwith law enforcement agencies and regulatory bodies to comply with our legaland regulatory obligations.
We may also need to share some personalinformation with other parties, such as potential buyers of some or all of ourbusiness or during a re-structuring. Usually, information will be anonymisedbut this may not always be possible. The recipient of the information will bebound by confidentiality obligations.
Where your personal information is held
Information may be held at our galleriesand those of our group companies, third party agencies, service providers,representatives and agents as described above (see above: ‘Who we share yourpersonal information with’).
Some of these third parties may be basedoutside the European Economic Area. For more information, including on how wesafeguard your personal information when this occurs, see below: ‘Transferringyour personal information out of the EEA’.
How long your personal information will bekept
We will keep your personal information while we are providing artwork andservices to you. Thereafter, we will keep your personal information for as longas is necessary:
- to respond to any questions, complaints or claims made by you or on your behalf;
- to show that we treated you fairly;
- to keep records required by law.
We will not retain your personalinformation for longer than necessary for the purposes set out in this notice.Different retention periods apply for different types of personal information,we keep provenance records or artworks indefinitely to prevent forgeries andpreserve the value of artworks. For other personal data we carry out an annualaudit to establish what is still necessary. Further details on this areavailable in our retention schedule which is available upon request bycontacting us using our details below.
When it is no longer necessary to retainyour personal information, we will delete or anonymise it.
Your rights
You have the following rights, which you can exercise free of charge:
Rectification
To be forgotten
Restriction of processing
Data portability
To object
Not to be subject to automated individual decisionmaking
The right to require us to correct any mistakes inyour personal information
The right to require us to delete your personalinformation—in certain situations
The right to require us to restrict processing ofyour personal information—in certain circumstances, for example if you contestthe accuracy of the data
The right to receive the personal information youprovided to us, in a structured, commonly used and machine-readable formatand/or transmit that data to a third party—in certain situations
The right to object:
- at any time to your personal information being processed for direct marketing (including profiling);
- in certain other situations to our continued processing of your personalinformation, for example processing carried out for the purpose of ourlegitimate interests.
The right not to be subject to a decision basedsolely on automated processing (including profiling) that produces legaleffects concerning you or similarly significantly affects you
If you would like to exercise any of thoserights, please:
- email, call or write to us using our details below
You will not have to pay a fee to accessyour personal information (or to exercise any of the other rights). However, wemay charge a reasonable fee if your request for access that is manifestlyunfounded or excessive. Alternatively, we may refuse to comply with the requestin such circumstances.
Keeping your personal information secure
We have appropriate security measures to prevent personal information from beingaccidentally lost or used or accessed unlawfully. We limit access to yourpersonal information to those who have a genuine business need to access it. Those processing your information will do so only in an authorised manner andare subject to a duty of confidentiality.
We also have procedures in place to dealwith any suspected data security breach. We will notify you and any applicableregulator of a suspected data security breach where we are legally required todo so.
How to complain
We hope that we can resolve any query or concern you may raise about ouruse of your information.
The General Data Protection Regulationalso gives you right to lodge a complaint with a supervisory authority, inparticular in the European Union (or European Economic Area) state where youwork, normally live or where any alleged infringement of data protection lawsoccurred.
Changes to this privacy notice
We may change this privacy notice from time to time and we will provide youwith details of accessing the privacy notice when we make any substantialupdates. We may also notify you in other ways from time to time about theprocessing of your personal information.
How to contact us
Please contact us by post, email or telephone if you have any questions about this privacy notice or the information we hold about you.
Our contact details are:
Bendana Pinel | Art Contemporain
attn: Yasuko Egawa, Data Protection Administrator
4 rue du Perche | 75003 Paris
+33 1 42 74 22 97
galerie@bendana-pinel.com