§ 1. General provisions
1. This Privacy Policy sets out the rules for the processing of personal data obtained through the internet platform PositiveArtLive.com (hereinafter referred to as the Website).
2. The owner of the Website and at the same time the data administrator is Joanna Tokarczyk in Krakow (31-271), 25/41 Kluczborska Street, hereinafter referred to as Positive Art Live Gallery.
3. Personal data collected by Positive Art Live Gallery via the Website are processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (General Data Protection Regulation), also known as GDPR.
4. Positive Art Live Gallery takes special care to respect the privacy of Users visiting the Website.
§ 2. Legal basis, type and purpose of data processing
1. Positive Art Live Gallery collects information on natural persons who perform legal transactions not directly related to their activities, natural persons conducting business or professional activity on their own behalf and natural persons representing legal persons or organizational units that are not legal persons to whom the law grants legal capacity, called hereinafter jointly Users.
2. Users' personal data are collected in the case of:
a.registering an account on the Website in order to create an individual account and manage this account. Legal basis: necessity to perform the contract for the provision of the User's service (Article 6 (1) (b) of the GDPR);
b. using the contact form service on the Website in order to perform the contract provided electronically. Legal basis: necessity to perform the contract for the provision of the contact form service (Article 6 (1) (b) of the GDPR);
3. When registering an account on the Website, the User provides: e-mail address, name and surname, address details.
4. When registering an account on the Website, the User independently sets an individual password to access his/her account. The User may change the password at a later time, on the terms described in §5.
5. When using the Website, additional information may be downloaded: the IP address assigned to the User's computer or the external IP address of the Internet provider, domain name, access time, type of operating system.
6. The User agrees to download navigation data, including information about links he/she decides to click or other activities undertaken on the Website. Legal basis: a legitimate interest (Article 6 (1) (f) of the GDPR) to facilitate the use of electronic services and improve the functionality of these services.
7. In order to determine, investigate and enforce claims, some personal data provided by the User may be processed as part of the functionality used on the Website, such as: name, surname, data regarding the use of services, if the claims result from the manner in which the User uses services, other data necessary to prove the existence of the claim, including the extent of the damage suffered. Legal basis: a legitimate interest (Article 6 (1) (f) of the GDPR), consisting in establishing, pursuing and enforcing claims and defending against claims in legal and other state authorities proceedings.
8. The provision of personal data via the PositiveArtLive.com Website is voluntary, in connection with the concluded contract for the provision of services, with the proviso that failure to provide the data specified in the form prevents the provision of services.
§ 3. Recipients of data and sharing, entrusting and storing data
1. The User's personal data is provided to service providers used by Positive Art Live Gallery when running the Website. They include, among others, providers of hosting services, accounting services, systems for analyzing traffic on the Website, systems for analyzing the effectiveness of marketing campaigns, entities providing electronic payment and banking services. Sellers are also personal data administrators.
2. Location. Service providers are based in Poland and other countries of the European Economic Area (EEA).
3. Users' personal data are stored when the basis for data processing is:
a. consent, then the User's personal data are processed by the Positive Art Live Gallery until the consent is revoked, and after the consent is revoked for a period of time corresponding to the limitation period of claims. Unless a special provision provides otherwise, the limitation period is six years, and for claims for periodic benefits and claims related to running a business, three years.
b. performance of the contract, then the User's personal data is processed by the Positive Art Live Gallery for as long as it is necessary to perform the contract, and after that time for a period corresponding to the limitation period of claims.
4. The navigation data may be used to provide Users with better service, analyze statistical data and adapt the Website to Users' preferences, as well as to administer the Website.
5. In the event of a request, Positive Art Live Gallery provides personal data to authorized state authorities, in particular to organizational units of the prosecutor's office, the Police, the President of the Office for Personal Data Protection, the President of the Office of Competition and Consumer Protection or the President of the Office of Electronic Communications.
§ 4. Cookies mechanism, IP address
1. The website uses cookies. They are saved by the Positive Art Live Gallery on the end device of the person visiting the Website, if the web browser allows it. The information collected using cookies helps to adjust the products offered by Positive Art Live Gallery to the individual preferences and real needs of the Website visitors. They also enable the development of general statistics of visits to products presented on the Website.
2. The cookie mechanism does not allow the collection of any personal data or any confidential information from Users' computers.
3. Positive Art Live Gallery uses cookies to:
a.authenticate and remember the User on the Website (after logging in), as a result of which the User does not have to re-enter the login and password;
b. analysis and audience research, and in particular to create anonymous statistics that help to understand how Users use the Website, which allows improving its structure and content.
4. The cookie mechanism is safe for the Website Users’ computers. It is not possible for viruses or malware to penetrate Users' computers in this way. Users have the option to limit or disable the access of cookies in browsers on their computers. If you use this option, the use of the Website will be possible, except for the functions that require cookies.
5. Positive Art Live Gallery may collect Users' IP addresses. An IP address is a number assigned to the Website visitor’s computer by an internet service provider. The IP number allows you to access the Internet. In most cases, it is assigned dynamically to the computer, i.e. it changes every time you connect to the Internet. The IP address is used by Positive Art Live Gallery when diagnosing technical problems with the server, creating statistical analyzes (e.g. determining the regions from which we receive the most visits), as information useful in administration and improvement of the Website, as well as for security purposes and possible identification of unwanted automatic programs for browsing the content of the Website that overload the server.
6. The website contains links and references to other websites. Positive Art Live Gallery is not responsible for the privacy protection rules governing those websites.
§ 5. Data subjects rights
1. The right to withdraw consent - legal basis: art. 7 sec. 3 GDPR.
a. The User has the right to withdraw any consent given to Positive Art Live Gallery.
b. Withdrawal of consent takes effect from the moment of the consent withdrawal.
c. Withdrawal of consent does not affect the processing carried out by Positive Art Live Gallery in accordance with the law before its withdrawal.
d. Withdrawal of consent does not entail any negative consequences for the User, however, it may prevent further use of services or functionalities that, in accordance with the law, Positive Art Live Gallery may only provide with the User’s consent.
2. The right to object to data processing - legal basis: art. 21 GDPR.
a. The User has the right to object at any time - for reasons related to his particular situation - to the processing of his personal data, including profiling, if Positive Art Live Gallery processes his or her data based on a legitimate interest, e.g. marketing of products and services provided by Positive Art Live Gallery, satisfaction survey, keeping statistics of the use of individual functionalities of the Website.
b. Resignation in the form of an e-mail from receiving marketing messages regarding products or services will mean the User's objection to the processing of his/her personal data, including profiling for these purposes.
c. If the User's objection turns out to be justified and the Positive Art Live Gallery has no other legal basis to process personal data, the data to which the User has objected will be deleted.
3. The right to delete data ("the right to be forgotten") - legal basis: art. 17 GDPR.
a. The User has the right to request the deletion of all or some personal data.
b. The User has the right to request the deletion of personal data if:
b.1 personal data are no longer necessary for the purposes for which they were collected or processed;
b.2 The User withdrew his/her specific consent to the extent that personal data were processed based on his/her consent;
b.3 The User objected to the use of his/her data for marketing purposes;
b.4 the personal data are processed unlawfully;
b.5 personal data must be removed in order to comply with the legal obligation provided for in the law of the European Union or the law of the Member State to which the Positive Art Live Gallery is subject;
c. Despite the request to delete personal data, in connection with the objection or withdrawal of consent, Positive Art Live Gallery may retain certain personal data to the extent that processing is necessary to establish, assert or defend claims, as well as to fulfill a legal obligation which requires processing under European Union or Member State law to which Positive Art Live Gallery is subject. This applies in particular to personal data including: name, surname, e-mail address, which data are kept for the purpose of handling complaints and claims related to the use of Positive Art Live Gallery services, or additionally the address of residence / correspondence address, order number, which data is stored for the purpose of considering complaints and claims related to concluded contracts or the provision of services.
4. The right to limit data processing - legal basis: art. 18 GDPR.
a. The User has the right to request the restriction of the processing of his/her personal data. Submitting a request, pending its consideration, prevents the use of certain functionalities or services, the use of which will involve the processing of data covered by the request.
b. The User has the right to request the restriction of the use of personal data in the following cases:
b.1 when the User questions the correctness of his/her personal data - then the Positive Art Live Gallery limits their use for the time needed to verify the correctness of the data, but not longer than 7 days;
b.2 when the processing of data is unlawful, and instead of deleting the data, the User requests the restriction of their use;
b.3 when personal data are no longer necessary for the purposes for which they were collected or used, but they are needed by the User to establish, assert or defend claims;
b.4 when the User objected to the use of his/her data - then the limitation takes place for the time needed to consider whether - due to the special situation - the protection of the interests, rights and freedoms of the User outweighs the interests that the Administrator implements when processing the User's personal data.
5. The right to access data - legal basis: art. 15 GDPR.
a. The User has the right to obtain confirmation from Positive Art Live Gallery as to whether it processes personal data, and if so, the User has the right to:
a.1 access his/her personal data;
a.2 obtain information about the purposes of processing, categories of personal data processed, the recipients of this data, the planned period of storage of the User's data or the criteria for determining this period (when it is not possible to determine the planned period of data processing), about the rights of the User under the GDPR and about the right to fail a complaint with the supervisory authority, about the source of this data, about automated decision making, including profiling, and about the security measures applied in connection with the transfer of these data outside the European Union;
a.3 obtain a copy of Users’ personal data.
6. The right to rectify data - legal basis: art. 16 GDPR.
The User has the right to request the immediate rectification of incorrect personal data. Taking into account the purposes of processing, the data subject has the right to request supplementation of the incomplete personal data, including submission of an additional statement, by sending the request to the e-mail address in accordance with §7 of the Privacy Policy.
7. If the User exercises the right resulting from the above rights, Positive Art Live Gallery will comply with the request or refuse to comply with it immediately, but not later than within one month after receiving it. However, if due to the complexity of the request or the number of requests, Positive Art Live Gallery may not be able to process the request within a month, In such case, it will complete the request within the next two months and inform the User within one month from the date of receipt about the intended extension of the deadline and its reasons.
8. The User may submit complaints, inquiries and requests to Positive Art Live Gallery regarding the processing of his/her personal data and the exercise of his/her rights.
9. The User has the right to fail a complaint with the President of the Personal Data Protection Office regarding the violation of his/her rights to the protection of personal data or other rights granted under the GDPR.
§ 6. Security management - password
1. Positive Art Live Gallery provides the Users with a secure and encrypted connection when sending personal data and logging into the User's Account on the Website. Positive Art Live Gallery uses an SSL certificate issued by one of the world's leading companies in the field of security and encryption of data sent over the Internet.
2. If the User who has an account on the Website has lost the access password in any way, the Website allows him/her to generate a new password. Positive Art Live Gallery does not send a password reminder. The password is stored in an encrypted form in a way that prevents its reading. In order to generate a new password, please provide your e-mail address in the form available under the link "Password reminder" provided next to the account login form on the Website. The User will receive an e-mail to the address provided during registration containing a redirection link to a dedicated form available on the Website, where he/she will be able to set a new password.
3. Positive Art Live Gallery never sends any correspondence, including electronic correspondence with a request to provide login details like the access password to the User's account.
§ 7. Changes to the Privacy Policy
1. The Privacy Policy is subject to change, Positive Art Live Gallery will inform Users 7 days in advance about any changes to the Privacy Policy..
2. Questions related to the Privacy Policy can be sent to the following e-mail address: This email address is being protected from spambots. You need JavaScript enabled to view it.
3. Review date: 5 June 2023
