Data Protection Declaration – Imprint – General Terms and Conditions of Business

Imprint

TAITH is a working community created to promote the visual arts and mediate between artists and collectors.

This website serves the publication of artworks for viewing by persons interested in art. Publication does not constitute an offer in the sense of the Distance Selling Act. Placement of an order by the Customer constitutes a purchase offer. A purchase agreement is only concluded once it has been accepted by us.

Managing director and responsible for content: 

Mag. Andreas Hülber

Prinz Eugen-Straße 2/5, 1040 Wien

galerie@taith.eu

+43 1 299 22 99

Data Protection Declarations and Information

by Mag. Andreas Hülber, Taith contemporary art (“Gallery” for short in the text below)
Correct as at 06/20

1. Personal Data
Personal data is any information relating to an identified or identifiable person; i.e. any data containing the individual details of personal  or material circumstances. Examples of this include a person’s name, address, e-mail address, telephone number, date of birth, age, gender, social insurance number, video recordings, photos and voice recordings. This also encompasses sensitive data (such as data indicating the ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership).
2. Purpose and Legal Basis of Data Processing 
The Gallery captures and processes your personal data, in analogue and digital form, for the purposes of fulfilling the Contract/providing the commissioned services. This also includes processing for artistic, historical or statistical purposes; you are granting your explicit approval/agreement with regard to this. The only personal data to be captured and processed are those necessary for these purposes or which you make available on your own initiative.
    x __________________
The legal basis for the processing of your personal data is fulfilment of the Contract/provision of the services commissioned, and your explicit approval/agreement, as well as other legal bases in accordance with the provisions of data protection law; processing is in compliance with the requirements of data protection law and in accordance with the legal system.
    x __________________
3. Transmission of Data to and from Third Parties
In order to fulfil the Contract/provide the services commissioned, it is often necessary to transmit your data to third parties or their contributors/other bodies connected with the purposes of data processing (e.g. artists, printers, frame makers, forwarding companies, companies commissioned with production, architects, etc., including other service providers), organisations and other bodies; you are granting your explicit consent/approval in this regard. Your data will be transmitted exclusively on the basis of the applicable data protection law regulations; they may also be transmitted to order processors (IT service providers, for example, internet providers or telephone providers).
    x __________________
The Gallery will also notify you that, within the bounds of its conclusion of the Contract/provision of the services commissioned, it also regularly obtains factual and case-related information relating to you from third parties (artists, for example, printers, frame makers, forwarding companies, producers commissioned during the manufacturing process, architects, etc. including other service providers) or such data as are publicly accessible.
Some of the above-mentioned recipients of your personal data are located outside your country, or process your personal data there. The standard of data protection in other countries may not match that offered in Austria under certain circumstances. The Gallery will only, however, transfer your personal data to countries for which the EU Commission has decided a reasonable standard of data protection is being offered, or if you have granted/grant an order to the contrary.
4. Data Security
Appropriate organisational and technical precautions are used to protect your personal data. These precautions relate in particular to protection from unauthorised, unlawful or even accidental access, processing, loss, use and handling.
Despite these efforts to comply with a standard of accuracy which is appropriately high at all times, the possibility cannot be excluded that information you disclose over the internet will be viewed and used by other persons.
Please note, therefore, that the Gallery accepts no liability of any kind for the disclosure of information based on errors in data transmission not caused by it and/or not ascribable to it and/or unauthorised access by third parties (a hacker attack on a server/e-mail account or telephone, for example, or the interception of faxes, letters, SMS or WhatsApp messages).
5. Unencrypted Communication
You grant your explicit consent/approval to unencrypted communication (e-mail, SMS or WhatsApp, for example) for the fulfilment of the named purposes of data processing.
    x __________________
6. Storage of Data
The Gallery will not store data for any longer than necessary for the fulfilment of the named purposes of the data processing or legal obligations, and for the defence of any possible liability claims.
7. Information, Other Rights, Revocation and Instructions
You have the right at all times to information regarding whether your personal data are being processed, and where this is affirmed, for what purpose and what categories of personal data are involved; you also have the right to available information about the origin of these data  and the recipients or categories of recipients to whom your personal data have been/are being disclosed.
You also have the right to correction of the data, transmission of the data, opposition to processing of the data, restriction of processing of the data, and to the blocking or deletion of incorrect or improperly processed data.
Beyond this, you can at any time revoke the explicitly granted consents/approvals to the processing of your personal data, including only in part (please note that in many cases, this will mean it is no longer possible to conclude the Contract/provide the commissioned services as a result).
Please direct your petition for information, deletion, restriction of processing, correction, opposition and/or, in the final named case, data transmission, to the address shown below, as long as no unreasonable expense is caused as a result; cf. Art. 12, General Data Protection Regulations Austria.
If you believe the processing of your personal data breaches applicable data protection law, or your claims under data protection law have been reached in another way, the possibility exists for you to lodge a complaint with the supervisory authority responsible. The supervisory authority responsible for this in Austria is the Data Protection Authority.
You must disclose to us any changes to your personal data.
8. Disclosure of Data Breaches
The Gallery strives to ensure data breaches are recognised at an early stage and if possible reported to you or the responsible supervisory authority without delay, including the respective data categories affected.
9. Contact Data
Protecting your data is particularly important to us. The Gallery can be reached to answer your questions or revocation at any time using the contact data shown below:

Prinz Eugen-Straße 2/5        Tel.: +43 / 1 / 299 22 99
1040 Wien, Austria               Fax: +43 / 1 / 299 22 99 99
E-mail: galerie@taith.eu

The Data Protection Declarations and Information have been explained to me, and copies thereof handed over/transmitted to me; I have understood and take note of these. I am granting the explicit consents/approvals voluntarily, and have initialled these.

___________, am __________                    ______________________________

Information on Data Protection, Cookies, Server Log Files, Google Analytics and SSL Encryption (“Info” for short in the text below)

Correct as at: 06/20

1. Personal Data
Cookies, server log files, Google Analytics and SSL encryption (“Technologies” in the text below) can be used to obtain data which, under certain circumstances, relate to Interested Parties/Customers as an identified or identifiable person; i.e. data containing individual details of personal or actual conditions. Examples of these data include a name, address, e-mail address and IP address.
2. Purpose and Legal Basis of Data Processing
The purpose and legal basis of data processing are the operation of this website based on explicit approval/consent from the Interested Party/Customer; the data are processed in compliance with data protection regulations and in harmony with the legal order.
3. Usage of Data
The personal data of the Interested Party/Customer are used within the scope of contemporary Technologies. Data are transmitted exclusively on the basis of the applicable data protection regulations; the data will also be transmitted to processors (IT service providers or internet providers, for example).
4. Data Security
The personal data of Interested Parties/Customers are protected by means of appropriate organisational and technical precautions. These precautions relate in particular to protection from unauthorised, unlawful or even accidental access, processing, loss, usage and handling.
Despite our efforts to meet appropriately high standards of care at all times, the possibility cannot be excluded that information disclosed by Interested Parties/Customers over the internet could be viewed and used by other persons.
Interested Parties/Customers must take into account, therefore, that no liability of any kind is accepted for the disclosure of information during data transmission and/or unauthorised accessing by third parties (a hacker attack on a server/e-mail account, for example).
5. Storage of Data

The data of Interested Parties/Customers will not be stored for any longer than is necessary for the fulfilment of the named purposes of the data processing or legal obligations, and for the defence of any possible liability claims.
6. Information, Other Rights, Revocation and Instructions
Interested Parties/Customers have the right to information about whether their personal data are being processed at any time, and should this indeed be the case, to what purpose and which categories of personal data are involved; furthermore, they have a right to available information about their origin and recipients, as well as categories of recipients to whom the personal data of Interested Parties/Customers have been/are being disclosed.
Interested Parties/Customers also have a right to correction of the data, transmission of the data, opposition to the processing of the data, restriction of the processing of the data, and to the blocking or deletion of incorrect or improperly processed data.
Beyond this, Interested Parties/Customers can at any time revoke, including only in part, the explicitly granted approval of/consent to the processing of their personal data (Interested Parties/Customers must take into account, therefore, that usage of the website may no longer be possible as a result).
Interested Parties/Customers are required to direct their petition for information, deletion, restriction of processing, correction, opposition to and/or, in the final named case, transmission of data to the address shown in the Imprint, as long as no unreasonable expense is caused as a result; cf. Art. 12, General Data Protection Regulations Austria.
If Interested Parties/Customers believe the processing of their personal data breaches applicable data protection law or their claims under data protection law have been breached in some other way, the opportunity exists to lodge a complaint with the supervisory authority responsible. The supervisory authority responsible for this in Austria is the Data Protection Authority.
7. Disclosure of Data Breaches
Data breaches should be acknowledged at an early stage, and if possible, be reported to the Interested Party/Customer or supervisory authority responsible, taking into account the respective data categories affected.

General Terms and Conditions of Business (“GTC” for short in the text below)

By Mag. Andreas Hülber, Taith contemporary art (“Gallery” for short in the text below)

Correct as at: 06/20

1. Scope of Validity of the GTC, Code of Conduct, Contractual Language
1.1. The following GTC are exclusively applicable to any orders placed by the Customer (Consumer or Business); if a Business uses conflicting or supplementary GTC, the validity of these is hereby contradicted – they shall only become a component of the Contract with explicit written consent from the Gallery.
1.2. The contractual language is German. 
2. Webshop, Restrictions
2.1. The webshop is directed exclusively to Customers in the territory of the EEA States and Switzerland; separate agreements are to be concluded with Interested Parties from other states.
2.2. Presentation of the goods in the webshop does not constitute a binding offer in the legal sense. It is merely an invitation to the customer to place an offer.
3. Placing an Order, Possibility of Correction, Info Window
3.1. If the Customer places an order, this constitutes an offer; a contract is only concluded when it has been accepted by the Gallery.
3.2. An order may only be placed when all obligatory fields in the order form marked with an asterisk (‘*’) have been completed. If any details are missing, or the Gallery is unable to comply with the order for other reasons, the Customer receives an error message. Before the order is finally sent off, the Customer is to be given the opportunity to correct its order. The Customer receives detailed supporting information directly in the course of the order process.
3.3. As soon as the order process is concluded, the Customer is notified of this by an info window stating “Your order is complete, and has been successfully sent to the Gallery”; this does not yet constitute acceptance of the Customer’s offer on the part of the Gallery.
4. Confirmation of Receipt, Binding of the Customer to its Offer
4.1. When the order has arrived at the Gallery, the Customer is notified immediately that its order has been received using the e-mail address it has specified, and the date of receipt of the order confirmed (“receipt confirmation”). The receipt confirmation does not yet constitute acceptance of the Customer’s order on the part of the Gallery.
4.2. The Customer is bound to its order for 7 days from receipt of the order at the Gallery. The statutory right of withdrawal/right of revocation is unaffected by this. 
5. Conclusion of the Contract
5.1. The Customer is notified by e-mail that the agreement has been accepted by the Gallery; the contract comes into being with the sending of the e-mail.
5.2. The contractual text is stored by the Gallery; it is sent to the Customer by e-mail.
6. Prices; Taxes, Fees and Charges; (Shipping) Costs 
6.1. The prices indicated are total prices for Consumers; these include any taxes, especially Austrian sales tax at the applicable rate, fees and charges, but exclude (shipping) costs or the costs of installation/assembly.
6.2. Separate agreements are reached for Businesses.
6.3. (Shipping) costs and the costs of installation/assembly are invoiced additionally.
6.4. Above or beyond this, a Customer in a non-EEA country or Switzerland must pay any incidental costs for the export/import of goods, especially possible customs duties, fees or charges.
7. Payment Methods, Due Date and Interest
7.1. The Gallery only accepts credit cards, bank transfers or cash payments as payment methods.
7.2. Based on accounting at the time of/after conclusion of the Contract, the Customer is obligated to pay the purchase price in full, and any other costs invoiced in accordance with Point 6, within 7 days at the longest after the accounting arrives in the account/at the Gallery.
7.3. Even in the event of default of payment for which the contractual partner is not responsible, the Gallery shall be entitled to charge  default interest of 4% per annum; claims for compensation of proven higher interest due to default of payment for which the contractual partner is responsible shall not be affected.
7.4. The good will only be shipped/approved for collection after payment has been received in full.
8. Retention of Title
8.1. The good remains the property of the Gallery until payment has been received in full.
8.2. In the event of default of payment by the Customer, the Gallery shall be entitled to assert any rights/claims associated with the default of payment and the retention of title. It is agreed that the unless the Gallery explicitly declares its withdrawal from the Contract/revocation of the Contract, assertion of retention of title shall not construe withdrawal from the Contract/revocation of the Contract.
9. Collection, Default of Acceptance
9.1. The Customer shall be notified by e-mail of the date from when the purchased good can be collected; the good shall be kept ready for collection for a period of 14 days at the address Prinz Eugen-Straße 2/5, 1040 Wien.
9.2. If the good is not collected within the collection deadline, the Customer is to be notified once again by e-mail, when it is to be pointed out to them that warehousing costs of € 5.00 per day for flatware or € 10.00 per day for plastics are charged following the expiry of a period of grace of 7 more days. The maximum warehousing costs are not to exceed the purchase price.
9.3. The Gallery is entitled to withdraw from the purchase agreement after the period of grace has expired. The Customer is notified of the withdrawal/revocation by e-mail, and receives a credit note for the amount of the payment received minus any warehousing costs incurred and a one-off administrative charge of € 100.00. The credit note will only be paid out at the explicit request of the Customer.
10. Right of Withdrawal/Right of Revocation 
10.1. The term “right of revocation”, common in Germany and used in the Consumer Rights Directive, corresponds to the term “right of withdrawal”, common in Austria; these terms are used synonymously. For further details of the right of withdrawal/right of revocation, see the withdrawal/revocation instruction.
10.2. There is no right of withdrawal/right of revocation for goods produced in accordance with customer specifications or customised to meet the Customer’s personal needs (portraits, for example, or some artworks linked with buildings/the floor).
11. Legal Warranty, No Warranty
11.1. Where admissible, any warranty is excluded.
11.2. Reclamations based on statutory warranty claims can be asserted using the contact details specified in the Imprint.
11.3. No guarantee is granted beyond the statutory warranty.

Information on Exercising the Right of Withdrawal/Right of Revocation
(“Withdrawal/Revocation Instruction” for short in the text below)

Based on the GTC of the Gallery

Correct as at: 06/20

The Customer has the right to withdraw from/revoke this Contract without giving reasons within 14 days after the good has been accepted.
To exercise its right of withdrawal/right of revocation, the Customer must notify the Gallery by sending a registered letter to the address Prinz Eugen-Straße 2/5, 1040 Wien containing a clear written statement regarding its withdrawal from/revocation of the Contract. The  following is an example of how this letter might be worded:
I/we (*), address (*), hereby revoke the contract concluded by myself/ourselves (*) relating to the purchase of the following goods (*), ordered on (*)/received on (*), and withdraw from this contract.
Signature (*), Place and Date (*).
To comply with the withdrawal/revocation, it is sufficient for the Customer to send off the notification regarding its exercising of the right of revocation before the withdrawal/revocation deadline expires; in this case, the Gallery must be able to recognise beyond doubt that the 14-day withdrawal/revocation deadline had not expired at the time the withdrawal/revocation declaration was sent off.
The Customer must immediately return, place back or hand over the good to the Gallery (address: Prinz Eugen-Straße 2/5, 1040 Wien), at the Customer’s own cost, and no later than 14 days after the withdrawal/revocation was sent off; in this case, the Gallery must be able to recognise beyond doubt that the Customer has complied with the 14-day deadline for the good to be returned, placed back or handed over.
If the Customer legally withdraws from/revokes this Contract, the Gallery must only reimburse the purchase price which has reached it within 14 days at the latest from the day the notification of withdrawal/revocation arrived at the Gallery. The same payment method will be used for this reimbursement as the Customer used for the original transaction, unless specifically agreed otherwise with the Customer. The Customer will not be charged any fees by the Gallery as a result of this reimbursement; transaction costs deducted from the Customer by the bank are unaffected by this.
The Gallery shall be entitled to refuse the reimbursement in any event until the good has been returned, placed back or handed over to the Gallery again in full, and in undamaged condition.
Above and beyond the statutory provisions and provisions under compensation law, the Customer shall be liable for any loss in value of the good if this loss in value can be ascribed to the Customer handling the good in an unnecessary manner to check the condition, features or functionality of the good, or to damage caused by the Customer.