PRIVACY EN COOKIE POLICY

M.E.R.G.E.D – privacy policy

M.E.R.G.E.D attaches great importance to protecting your privacy and wants to give you — as an art lover, visitor to our website, customer of our online gallery or as an artist or partner — as much information, respect and control as possible regarding what happens to your personal data. We hope this privacy policy serves as a clear way to provide you with as much information as possible. If you do have any remaining questions after reading this policy, feel free to contact us.

We regularly amend our privacy policy to inform visitors like you as accurately as possible about what we do with your personal data. Any amendments are published on our website, so that the latest version of our privacy policy is always available to you.

Most recent update: 22/06/2022

1. Who or what is M.E.R.G.E.D?

M.E.R.G.E.D is a Belgian based art gallery offering services to discover, enjoy, and purchase art pieces presented by different artists.

All our activities, including the provision of our art gallery, are being operated by our Belgian entity. As such, M.E.R.G.E.D is the data controller with regard to the personal data processed.

Data controller: M.E.R.G.E.D- Kiva.bo CommV (commercial name)

Pellegrims Stijn

BE 0778 691 155

Koningin Astridlaan 56,

2800 Mechelen

2. When does this privacy policy apply?

This privacy policy clarifies how we process personal data in general at M.E.R.G.E.D. For example when you visit our website www.merged.be, partner-up with us as an artist or when you buy artwork via our gallery. When our website refers you to another website or application, please remember that different terms and conditions or privacy policies may be applicable.

M.E.R.G.E.D exclusively processes personal data in accordance with the applicable European and Belgian regulations, including the General Data Protection Regulation (GDPR) and the Act of 30 July 2018 regarding the protection of natural persons in relation to the processing of personal data.

3. Which personal data does M.E.R.G.E.D collect and process?

Depending on the interactions you have with M.E.R.G.E.D, we might process the following types of personal data:

Identification and contact details from art lovers: When you fill in contact forms on our website, buy art via our (online) gallery or send us your personal data directly (either on our website or third-party platforms) we process your name, address, e-mail address, company name, telephone number, and mobile phone number.

Identification and contact details from artists: When you partner-up with us to present your artwork we process your name and possibly details about your biography. Your biography might also be published on our website.

Personal preferences: We process information on your personal preferences you communicated to us (e.g. preferred art, buying history,…).

Communication preferences: We collect information about your preferences in relation to how we communicate with you, for advertising purposes or to send invitations for art expositions, meet-the-artist opportunities, vernissages, events, etc.

Technical information: We might collect specific personal details through cookies (and similar technologies) installed on our website. You can view a complete overview of all cookies we use and all relevant information in this regard in our cookie policy

4. How does M.E.R.G.E.D collect your personal data?

We collect personal data by default when:

you visit our website;
you fill in a contact form on our website to contact us or ask us a question;
you buy artwork via our gallery;
we start a commercial relationship;
you contact us via one of the platforms we are active on;

5. Why does M.E.R.G.E.D collect your personal data?

We collect and process your personal data for various purposes, but only insofar as necessary to achieve the intended objective. Below, you can see an overview of why we process specific categories of personal data.

When you fill in contact forms on our website or buy artwork via our online gallery, we process your identification details to be able to perform our services. When you have expressly consented (or if you are an existing customer), we also process this data to keep you informed about our artwork, vernissages and art exhibitions, meet-the-artist opportunities and other general direct marketing purposes.

When you partner-up with us to present your artwork, we process your identification data and possibly details about your biography to be able to inform art lovers on the artists they are interested in. More generally, we use this information to provide our service. Your biography might also be published on our website.

We process information on your personal preferences you communicated to us (e.g. preferred art, buying history,…) to be able to perform our services.Performance of the agreement

Legal obligation, Technical information: We might collect specific personal data through cookies (and similar technologies) installed on our website. Please read our cookie policy for more information.

The processing of personal data can be based on different legal grounds. The legal ground(s) on which our processing is based are clearly stated in the above overview, but we believe it is important to provide you with further explanation of each of these concepts:

Performance of the agreement:This legal ground means that we are required to process your personal data to enable us to offer you our services.

Legitimate interest:This legal ground means that our processing of your personal data is weighed up against the impact thereof on your privacy. We always strive to maintain the correct balance in this regard. The legitimate interest we are pursuing is the efficient operation of our business.

Consent:This legal ground is only used when you consent to us using specific personal data.

Legal obligation: This legal ground means that we are required to process your personal data in relation to a statutory obligation.

We always seek to process as little personal data as necessary for the objective we are aiming to achieve. As an example, the personal data we request are often essential to enable us to help you. Without these personal data, we would not be able to respond to your request for information.

6. Does M.E.R.G.E.D uses automated individual decision-making?

No, we will never take any individual decisions through automated processes such as profiling. There will always be human intervention.

7. Will my personal data be shared with any third parties?

In principle, we share your personal data as little as possible. Depending on the personal data you provide to us and the objectives linked to the processing of your personal data, we may share your personal data with the third parties below.

Suppliers, subcontractors and other service providers: We rely on other companies, independent service providers, suppliers, subcontractors or other intermediaries to provide certain services. As an example, this includes our IT and software suppliers, communication partners and so on. These types of suppliers may process your personal data if required as part of their services. In case such parties are considered processors of your personal data, we will always ensure they apply appropriate technical and organisational measures to protect your personal data.

Partners: Depending on the service you request from us, we might need to share your personal data with shipping- and post order companies, interior decorators, insurance companies etc.

Authorities: If required by law or under a legal procedure, we may share your personal data with specific authorities or government institutions.

Business transfer: In the event of a restructuring, business transfer or takeover of M.E.R.G.E.D, your personal data may be transferred to the third parties involved in this process.

8. Will your personal data be shared outside of the EEA?

No, we are only active in Belgium.

9. How long do M.E.R.G.E.D retain your personal data?

We never retain your personal data for any longer than the period required to process them. Retention periods prescribed by law may also affect this.

Identification and contact details from art lovers: Until the end of the client relation.

Identification and contact details from artists: Until end of the commercial relationship.

Communication preferences: Until the end of the client relation.

Technical information: Reference is made to our cookie policy

If we process any personal data purely on the basis of your consent, we will delete such data within a reasonable period after you have withdrawn your consent.

Depending on the category of personal data, we may retain your personal data for 5 or 10 years after its receipt (i.e. for longer than described above). More specifically, these retention periods are applied for legal or evidence purposes.

10. Will we use your personal data for direct marketing?

Under an existing customer relationship or if you have given us the required consent to that effect, we may also process your personal data for direct marketing purposes. That way, we can keep you informed about the artwork we have in our portfolio, art exhibitions and vernissages, and in general the services we offer.

Third parties we collaborate with may also use your personal data for direct marketing purposes. This mainly relates to the processing of your personal data via cookies or social media plugins. For more information in this regard, please refer to our cookie policy.

The processing of your personal data for direct marketing purposes may be based on consent you have given to use your personal data for such purposes. If you wish to withdraw this consent or object to this processing, you can do so at any time by contacting us or by changing your preferences using the link we incorporate in our messages. You can withdraw your consent regarding the use of cookies via our cookie policy.

11. What are my rights?

We want to inform you about the rights you have in relation to your personal data. If you wish to exercise any of these rights, feel free to contact us.

The right to access –You can ask us at any time which personal data of yours we process. If you wish to do so, you can also view your personal data at our head office. If you would prefer us to send you a copy of the personal data of yours we process, this is also available by request.

The right to correction – If you notice that the personal data of yours we process are no longer correct, feel free to let us know at any time so that we can correct your personal data immediately.

The right to deletion of data –If you would prefer us to no longer process your personal data and delete them, you can choose to ask us to permanently delete your personal data. In this case, we will delete any personal data of yours we process on the basis of your consent.

The right to restrict processing – If you would prefer us to restrict our processing of your personal data, feel free to ask us any time. We will take your request into account and explore how we can arrange this.

The right to object – If you would like to object to our processing of your personal data, you can do so by contacting us.

The right to transfer of data – If you would like your personal data to be transferred to a third party, we will help you do so. In this case, your personal data will be sent to the organisation of your choice in a structured, commonly used and machine-readable format.

The right to object to direct marketing – You also have the right to object to direct marketing at any time. The electronic communications we send always contain a link to unsubscribe, so you no longer receive these types of messages from us.

The right to submit a complaint – If you feel that we have not assisted you correctly, you can always choose to submit a complaint to the Data Protection Authority. The relevant contact details can be found at the end of this privacy policy.

You can exercise your rights by contacting us.

12. How can you contact us?

M.E.R.G.E.D is always happy to help with any questions you may have about privacy and the processing of your personal data. You can reach us via:

M.E.R.G.E.D-Kiva.bo CommV (commercial name)

Stijn Pellegrims

BE 0778 691 155

Kiva.bo@hotmail.com

Koningin Astridlaan 56
2800 Mechelen

13. How can you contact the Data Protection Authority?

If you are unsatisfied with how M.E.R.G.E.D has handled your request or comment, or if you would like to submit a complaint, you can contact the Data Protection Authority using the details below. Please send a completed information form (available on the website below) by e-mail to the e-mail address below or by post to the postal address below.

E-mail address: contact@apd-gba.be

Address: Drukpersstraat 35,

1000 Brussels

+32 (0)2 274 48 00

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