PRIVACY POLICY

  1. GENERAL INFORMATION

Welcome  to  the  photo artshop  of  David Beres  available  at origophoto.com/prints (hereinafter  the “Artshop”). The present Privacy Policy applies when you visit the Artshop, including also the case when you purchase any product.

In order to inform you of all aspects concerning the processing of your personal data, please read the below points carefully. For further information concerning other aspects of using the Artshop, please also see the separate policies included on the Artshop, such as the Terms and Conditions.

The  data  controller  with  regard  to  the  Artshop  is Dávid Béres  e.v.  (private  entrepreneur, registered  office  and  postal  address:  1119  Budapest,  Albert  u.  17,  A  ép.,  1. Em. 4.,  Hungary, registration number: 33821081, tax number: 66319515143, e-mail: origophoto@gmail.com, hereinafter “David Beres”).

The present Privacy Policy is effective as of May 1st, 2018 until withdrawal. David Beres reserves the right to modify any part of the Privacy Policy at its sole discretion, by posting the consolidated version of the amended Privacy Policy to the Artshop.

  1. DEFINITIONS

Data subject shall mean a natural person who has been identified by reference to specific personal data, or who can be identified, directly or indirectly. In respect of the present Privacy Policy, you are a data subject.

Personal data shall mean any information relating to the data subject, in particular by reference to his name, an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity, and any reference drawn from such information pertaining to the data subject.

Processing of data shall mean any operation or set of operations that is performed upon data, whether or not by automatic means, such as in particular collection, recording, organization, storage, adaptation or alteration, use, retrieval, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking,  erasure  or  destruction,  and  blocking  them  from  further  use, photographing, sound and video recording, and the recording of physical attributes for identification purposes (such as fingerprints and palm prints, DNA samples and retinal images).

Controller shall mean the natural or legal person, or unincorporated body which alone or jointly with others determines the purposes of the processing of data, makes decisions regarding data processing (including the means) and implements such decisions itself or engages a data processor to execute them. In respect of the present Privacy Policy, David Beres is a data controller.

Data processing shall mean the technical operations involved in data control, irrespective of the method and instruments employed for such operations and the venue where it takes place, provided that such technical operations are carried out on the data.

Data processor shall mean a natural or legal person or unincorporated organization that is engaged under contract in the processing of personal data, including when the contract is concluded by virtue of law.

The data subject’s consent means any freely and expressly given specific and informed indication of his wishes by which the data subject signifies his agreement to personal data relating to him being processed without limitation or with regard to specific operations.

The data subject’s objection shall mean an indication of his wishes by which the data subject objects to  the  processing  of  his  personal  data  and  requests  that  the  processing  of  data  relating  to  him  be terminated and/or the processed data be deleted.

NAIH refers to the Hungarian National Authority for Data Protection and Freedom of Information.

  1. PRELIMINARY INFORMATION ON PROCESSING OF PERSONAL DATA

David Beres is processing your personal data regarding the below listed operations, according to the following conditions:

3.1. Purposes for which your personal data is required

  1. a) Operating the Artshop: managing the personal data of the data controller’s customers in relation with purchasing a digital product, invoicing or contacting you (e.g. answering for banktransfer questions)
  2. b) Cookies: for detailed information about cookies, please see point herein below.
  3. c) Contact: After filling the contact form at origophoto.com/contact David Beres will answer back as soon as possible

3.2. Legal basis of the data processing operation

As a main rule, the legal basis of all data processing operations is your consent. Your consent is not required when the data control is strictly necessary for the fulfilment of a legal obligation of David Beres (such as in case of providing invoice details) and in case of strictly necessary cookies (see point 4.2).

3.3. Personal data concerned

  1. a) In case of operations mentioned in point 1.a): your name, address, phone number, e-mail address, wedding date, wedding venue address.
  2. b) Regarding 1.b):  by using  the  cookies  placed  on  your  device,  the  following  data  may be recorded automatically: the starting and ending time of your visit, your IP address, in some cases the type of browser and operating system used, the subpages visited and the time spent there.  Please  note  that  since  cookies  are  placed  at  your  device,  these  are  at  your  entire disposal.

3.4. Data processors and persons to whom your data may be disclosed

The  below  entities  are  data  processors  during  the  data  operations  specified  in  the  present  Privacy Policy. Beside of the data controller, your data may be disclosed only to the competent employees of the below entities.

The payment gateway of the Artshop is powered by PayPal  (run  by  PayPal  Europe  S.à  r.l.  et  Cie,  S.C.A.,  address:  22-24,  Boulevard  Royal  L-2449 LUXEMBOURG, registered by Commission de Surveillance du Secteur Financier or CSSF under No B00000351)

3.5. Duration of the data processing operations

As for data provided during the ordering process, please note that the retention time for accounting documents (such as invoices) is 8 years, as required by the relevant accounting legislation.

Your delivery details are only handled until the fulfilment of the shipping.

As for cookies, strictly necessary cookies are session cookies, which are stored in temporary memory and are erased when you close the web browser. Other cookies may have a different expiry but typically they are placed on your device until deletion.

Please note that you as data subject may request at any time from David Beres as data controller the erasure of your personal data.

  1. COOKIES

4.1. About cookies

Cookies are files created by websites you visit. They can make your online experience easier by saving browsing information. Cookies may be used to store your passwords and user ID’s, preferences, ordering status, personalisation or website tracking (e.g. targeted marketing).

Please also find detailed explanations concerning cookies on the following websites:

www.youronlinechoices.eu https://www.aboutcookies.org/

4.2. Categories of cookies used on the Artshop

There are several types of cookies:

First-party cookies are created by  the  Artshop.  Third-party cookies are  created  by  other  sites. These cookies may follow you through various websites and for a longer period of time, but they do not collect personal data from which the third party would be able to identify you, the individual customer. For the use of cookies by other companies, the privacy and cookie policy of such other companies applies, including e.g. the privacy policy of Google and the privacy policy of Facebook.

Cookies that do not require approval are strictly necessary cookies, i.e. cookies that are essential, enabling features without which you would not be able to use the Artshop as intended. They are only saved on your computer while you are actually browsing the Artshop. Cookies that require consent: cookies which are not absolutely essential in order to use the Artshop, but fulfil important functions. Without these cookies, features that enable the Artshop to be used easily will no longer be available.

The use of strictly necessary cookies is essential for the Artshop to work and David Beres does not use these cookies to collect personal information about you. These are used for technical purposes such as keeping track of your current shopping session and enabling you to proceed to checkout and pay for products. These cookies are session cookies, which typically store information in the form of a session and they are stored in temporary memory and are erased when you close the web browser.

David Beres also uses functional cookies which enable the Artshop to save information which has already  been  entered  (such  as  languages  choices).  This  allows  David Beres  to  tailor  your  website experience specifically to your preferences.

Performance cookies are  aiming at gathering information about how the Artshop is  used. These cookies are gathering information only for statistical purposes and do not gather any information that can personally identify you. The performance cookies used include Google Analytics and other third- party analytics providers to help measure how users interact with the content of the Artshop. For further information on Google Analytics, please visit Google’s information page.

Marketing  and  retargeting  cookies are  used on  the Artshop  to  tailor  marketing to  you  and  your interests and provide you with a more personalized service. These cookies are used to deliver adverts and other communications more relevant to you and your interests. David Beres also uses cookies in order to enable to fulfill its contractual obligations towards third parties, for example to pay a partner if you have made a purchase on the Artshop by following a link from their website.

Google AdWords and Facebook are marketing and retargeting third party service providers of David Beres. For further information about Google ads that you may see, please visit Google’s  support  page. To learn more about data protection and the settings options relating to Facebook ads, please check

Facebook’s information page.

4.3. How to change your cookie settings and withdraw your consent

By using and browsing the Artshop, you consent to cookies being used in accordance with the present Privacy Policy. If you do not consent to the placement of cookies, or you wish to withdraw your consent, you can remove existing cookies from your browser and prevent new cookies being placed by changing your browser settings. In order to do so, please refer to the below links and instructions:

Google Chrome Mozilla Firefox Apple Safari Internet Explorer

Please note that if you turn cookies off, this may limit the service that the Artshop is able to provide to you and may affect your visitor experience.

  1. RIGHTS AND REMEDIES

Should you have any question regarding our Privacy Policy, please do not hesitate to contact David Beres at origophoto@gmail.com. Besides, you are entitled to the following rights and remedies on the basis of the Info Act:

5.1. Rights of data subjects and Enforcement

The data subject may request from the data controller: (a) information when his personal data is being processed, (b) the rectification of his personal data, and (c) the erasure or blocking of his personal data.

Upon the data subject’s request the data controller shall provide information concerning the data relating to him, including those processed by a data processor hired by the data controller or by others based on its instructions, the sources from where they were obtained, the purpose, grounds and duration of processing, the name and address of the data processor and on its activities relating to data processing, the circumstances  surrounding  the  privacy  incident,  its  impact,  and  the  actions  taken  to  rectify  the situation, and – if the personal data of the data subject is made available to others – the legal basis and the recipients.

Data processors must comply  with  requests  for  information  without  any  delay,  and  provide  the information requested in an intelligible form, in writing at the data subject’s request, within not more than 25 (twenty-five) days.

Where  a  personal  data  is  deemed  inaccurate,  and  the  correct  personal  data  is  at  the  controller’s disposal, the data controller shall rectify the personal data in question.

When a  data  is  rectified,  blocked,  marked  or  erased,  the  data  subject  to  whom  it  pertains  and  all recipients to whom it was transmitted for processing shall be notified. Notification is not required if it does not violate the rightful interest of the data subject in light of the purpose of processing.

If  the  data  controller  refuses  to  comply  with  the  data  subject’s  request  for  rectification,  blocking  or erasure, the factual or  legal reasons on which the decision for refusing the request for rectification, blocking or erasure is based shall be communicated in writing, or electronically with the data subject’s consent, within 25 (twenty-five) days of receipt of the request. Where rectification, blocking or erasure is refused, the data controller shall inform the data subject of the possibilities for seeking judicial remedy or lodging a complaint with NAIH.

5.2. The data subject’s right to object to the processing of his personal data

The data subject shall have the right to object to the processing of data relating to him: (a) if processing or disclosure is carried out solely for the purpose of discharging the controller’s legal obligation or for enforcing  the  rights  and  legitimate  interests  of  the  controller,  the  recipient  or  a  third  party,  unless processing is mandatory; (b) if personal data is used or disclosed for the purposes of direct marketing, public opinion polling or scientific research; and (c) in all other cases prescribed by law.

In  the  event  of  objection,  the  controller  shall  investigate  the  cause  of  objection  within  the  shortest possible time inside a 15 (fifteen)-day time period, adopt a decision as to merits and shall notify the data subject in writing of its decision.

If, according to the findings of the controller, the data subject’s objection is justified, the controller shall terminate all processing operations (including data collection and transmission), block the data involved and  notify all recipients  to  whom  any of these data had previously been transferred concerning the objection and the ensuing measures, upon which these recipients shall also take measures regarding the enforcement of the objection.

If the data subject disagrees with the decision taken by the controller, or if the controller fails to meet the deadline specified, the data subject shall have the right to bring action in the court of law within 30 (thirty) days of the date of delivery of the decision or from the last day of the time limit.

5.3. Judicial remedy

In  the  event  of  any infringement  of  his  rights,  the  data  subject  may file  for  court  action  against  the controller. The court shall hear such cases in priority proceedings.  The action shall be heard by the competent general court. If so requested by the data subject, the action may be brought before the general court in whose jurisdiction the data subject’s home address or temporary residence is located.

The burden of proof to show compliance with the law lies with the data controller.

Any person otherwise lacking legal capacity to be a party to legal proceedings may also be involved in such actions. NAIH may intervene in the action on the data subject’s behalf.

5.4. Liability and Restitution

Data  controllers  shall  be  liable  for  any  damage  caused  to  a  data  subject  as  a  result  of  unlawful processing or by any breach of data security requirements.

Where  a  data  controller  violates  the  rights  of  the  data  subject  relating  to  personality as  a  result  of unlawful processing or by any breach of data security requirements, the data subject shall be entitled to demand restitution from the data controller.

The data controller shall also be liable for any damage caused by a data processor acting on its behalf, as well as for any restitution payable to the data subject for any violation by the data processor of his rights relating to personality.  The data controller may be exempted from  liability for damages or for payment of restitution if he proves that the damage was caused by or the violation of the rights of the data subject relating to personality is attributable to reasons beyond his control.

No compensation shall be paid and no restitution may be demanded where the damage was caused by or the violation of rights relating to personality is attributable to intentional or negligent conduct on the part of the data subject.

  1. MISCELLANEOUS

The data management regarding the Artshop is governed by the applicable European and Hungarian legislation, including especially the provisions of Act CXII of 2011 on the Right of Informational Self- Determination and on Freedom of Information (hereinafter the “Info Act”). Any dispute between you and David Beres shall be submitted to the competent Hungarian courts.

The competent Authority in respect of David Beres is NAIH. Please note that according to the Info Act, the data protection register maintained by NAIH shall not cover operations concerning the data of the data  controller’s  customers.

Communication, engagement and actions taken through external social media platforms that David Beres participates on (such as Facebook and Instagram) are subject to the terms and conditions as well as the privacy policies held with each social media platform respectively. The Artshop may use social sharing buttons which help share web content directly from the Artshop to the social media platform in question. Before using such social sharing buttons, please note that you do so at your own discretion and  the  social  media  platform  concerned  may  track  and  save  your  request  to  share  a  web  page respectively through your social media platform account.

 

 

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