Politica de confidențialitate

   I. INTRODUCTION

ORNELLA FUSION GALLERY (hereinafter referred to as “platform”, “ORNELLA FUSION GALLERY”, “Company” or “we”) is a platform for the sale of online art workers, specializing in holding exhibitions and events in the field of DIGITAL ART.

This Agreement for the processing of personal data (“the Agreement”), accompanies all the reports born between ORNELLA FUSION GALLERY and its users, respectively the beneficiaries of the services, and informs about the way in which the processing of the personal data provided by you takes place, in in accordance with the field legislation in force.

To fulfill its purposes, ORNELLA FUSION GALLERY is a personal data operator. This Agreement contains important information and it is necessary to read it in its entirety in order to fully understand and accept the contents.

We encourage you to contact us regarding any misunderstanding, suggestion or recommendation regarding this Agreement and/or the clauses inserted in it.

   II. OUR CONTACT DETAILS

Full name: ORNELLA FUSION GALLERY SRL

Identification data: CUI 18127091, registered at ORC J35/3635/14.11.2005

Email address office@ornellafusiongallery.com

Corporate and administrative headquarters address: Timișoara town, Calea Torontal, km 6, Bureau 3, Etaj county Timiș, Romania;

Legal representative: Codrin Andreescu

• Contact details of the data protection officer: First and last name: Codrin Andreescu

Correspondence address: Timisoara town, Calea Torontal, km 6, Bureau 3, Etaj county Timiș, Romania;

Email address: office@ornellafusiongallery.com

   III. DEFINITIONS OF THE TERMS USED:

   IV. PERSONAL DATA PROCESSED:

In order to fulfill the services offered, we are forced to process the data provided by you, including your personal and contact data (surname, surname, CNP, gender, date of birth, telephone number, e-mail address, home address), payment data.  (identification data of the account holder, IBAN number, card number, card expiry date, as well as any data necessary to make the payment)

   V. PURPOSES OF PROCESSING:

We process the data provided by you only for the purposes targeted by the specifics of the information. Thus:

• For the purpose of providing services, we will use your data to facilitate the provision of services for the sale of digital art works.
• In order to fulfill our legal obligations, we will use the data in accordance with the provisions imposed by the legislation in force.
• For financial purposes, the data provided will be used to issue invoices to you, receive/collect payments, send notifications and other such purposes related to your fiscal obligations.
• For the purpose of resolving disputes between the parties, whenever necessary, before public authorities and competent bodies. 

   VI. LEGAL GROUNDS ON THE BASIS OF DATA PROCESSING:

In principle, depending on the method of concluding contractual relations, we process your personal data, and animated by the specifics of ORNELLA FUSION GALLERY (online platform for the sale of digital art works), it is necessary and obvious that we also process your personal data, named in continuation and sensitive personal data.

You must understand that the eventual lack of your express consent for the processing of personal data prevents the proper provision of the services offered by ORNELLA FUSION GALLERY.

In the necessary cases, when there are disputes between the parties, we process your data for the establishment, exercise or defense of a right in court.

   VII. RECIPIENTS OF THE DATA PROVIDED:

Due to the specificity of the data provided by you, our company does not disclose personal data to other companies or individuals, whether natural or legal.

However, due to the specifics of the services offered and the activity performed, there are situations in which we may have to disclose this data to other persons/entities, in order to fulfill your requirements or for mandatory purposes provided by law.

However, we assure you of our full diligence and proportionality with regard to any disclosure of personal data to other persons, ensuring that it is done appropriately, relevantly and limited to what is necessary for the purposes for which it is processed.

At the same time, we ensure that any person who comes into contact with your personal data in the ways described above, will strictly respect the confidentiality obligations regarding the data provided, as well as those to use said data in accordance with the instructions received.

In principle, but not limited to them, we identify the following potential external recipients:

• Public authorities or authorized institutions from Romania or another state – at their request or at our initiative, in compliance with the applicable legislation;
• Lawyers or other professional consultants – they being obliged to keep your data confidential, according to the law or the confidentiality clauses concluded with ORNELLA FUSION GALLERY;
• Natural/legal persons authorized by ORNELLA FUSION GALLERY, who, based on the legal relationship of providing services to the company, could contact your personal data; – they will be obliged to preserve the confidentiality of the data known in this way;
• Acquirers or relevant potential acquirers – in the case of the transfer of the business to external contractors, they will be bound by confidentiality;

   VIII. DATA TRANSFER TO OTHER THIRD COUNTRIES:

ORNELLA FUSION GALLERY does not, at this time, transfer your personal data to third countries or international organizations. In the event that it is necessary to send your data as mentioned above, you will be informed about this in advance.

   IX. PERIOD OF DATA RETENTION:

Your personal data, according to their specifics, will be stored for different periods of time.

Thus:

• Data related to payments/invoicing will be stored for a maximum period of 10 years, according to the law;
• In the case of the other data provided, they will be stored only as long as necessary for the processing for the purposes for which they were collected.

We make it clear that, due to the specifics of our platform and the services provided, ORNELLA FUSION GALLERY will archive your data when you leave the system. These data will not be used by ORNELLA FUSION GALLERY staff in their work environment, except in situations required by law. In this way, if the beneficiary requests, following the steps defined within the platform, the reactivation of the account, the previously archived data will be imported to him, and his account will become active again.

   X. YOUR RIGHTS regarding processed personal data:

• The right to information – you have the right to be informed about the processed data, the purpose for which they are processed, their recipients, as well as any other relevant information related to them, exactly as they are presented in this informative note;
• The right to access – you have the right to obtain access to the processed data, as well as to all collateral information related to them, exactly as they are provided in art. 15 para. 1) from Regulation 679/2016;
• The right to data rectification – you have the right to obtain the rectification of incomplete and inaccurate information about you;
• The right to deletion – you have the right to delete your data, in situations where art. 17 of Regulation 679/2016;
• The right to restriction of processing – you have the right to request the restriction of the processing of your data, when there are grounds for this;
• The right to data portability – you have the right to request portability to another data controller when this is necessary and feasible;
• The right to object – you have the right to object to the processing of your data, when there are grounds for this;
• The right not to be the subject of an automated decision-making process withdraws consent – ​​we assure you that your data will not be the subject of an automated decision-making process, based solely on automated processing, including profiling, which produces legal effects concerning or affecting you similarly, to a significant extent;
• The right to withdraw consent – ​​in accordance with the applicable rules in force, in cases where the processing of your data is based on your explicit consent, you have the right to withdraw this consent, without this affecting the legality of the data processing prior to the withdrawal.

   XI. DATA SECURITY:

Considering the specificity of the activity performed and the sensitivity of the personal data provided, the security and safety of your data is a priority for us. This is also the reason why, in order to ensure high data security, we have implemented a whole series of appropriate technical and organizational measures, in order to ensure a level of security proportional to the risk to which this data is subjected.

The security measures adopted are fully circumscribed by the legal norms in the matter and allow the processing of data under optimal conditions of confidentiality and safety. However, we cannot guarantee the absolute impossibility of breaching ORNELLA FUSION GALLERY’s security systems could lead, accidentally, to the destruction, loss, modification, or unauthorized disclosure of personal data transmitted, stored, or processed.

In the unlikely event that this happens, we assure you of our full diligence and promptness in reporting and resolving emerging security breaches, as well as limiting their effects.

As such, in cases where a possible breach of data security is reported, we will inform both our data controller and the persons empowered to resolve this issue (for example, the IT department), while also assessing the risks to the data subjects, and if measures are required to prevent further data loss, these measures will be taken.

If the identified security breach is capable of putting the rights of the data subjects at great risk, the competent bodies and the data subjects will be notified without undue delay, in order for them to exercise their rights, as well as indicating the steps to follow to ensure the protection of personal data.

In all cases, we assure you of our full diligence and promptness in order to inform you of potential security breaches, as well as to minimize or diminish their effects on your rights.

   XII. COMPLAINTS/REQUESTS REGARDING THE PROCESSING OF PERSONAL DATA:

In order to exercise the rights mentioned above, the data subject can address a written, dated and signed request, through any method of contact provided in this G.D.P.R. note. We will respond to such requests without undue delay and in any event within one month of receipt of the request. Your request will be formulated and dispatched according to the legal provisions in the matter.

In the case of complex or very numerous requests, this term can be extended by two months. In this case, we will inform the data subject about such an extension, within one month of receiving the request, also presenting the reasons for the delay. We reserve the right to charge a fee for repeat requests in accordance with the Regulations.

If we communicate the decision not to take action in relation to the Data Subject’s request or if our response is not satisfactory, the Data Subject has the right to lodge a complaint:

• or at the Personal Data Processing Supervisory Authority (A.N.S.P.D.C.P.), with headquarters in B-dul G-ral. Gheorghe Magheru 28-30, Sector 1, postal code 010336, Bucharest, in the form of a written address, at the institution’s headquarters or by e-mail at anspdcp@dataprotection.ro;
• or to the competent court.