Terms & Conditions

A Legal Disclaimer

We are very pleased about your interest in our company. Data protection is of particularly high importance to the management of Gallery TOPLEV. The use of Gallery TOPLEV's website is generally possible without providing any personal data. However, if a data subject wishes to use special services of our company via our website, processing of personal data may become necessary. Where processing of personal data is required and there is no legal basis for such processing, we generally obtain the consent of the data subject.

The processing of personal data, such as the name, address, email address, or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation and in compliance with the country-specific data protection regulations applicable to Gallery TOPLEV. Through this privacy policy, our company wishes to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, data subjects are informed of their rights by means of this privacy policy.

Gallery TOPLEV, as the data controller, has implemented numerous technical and organisational measures to ensure the most comprehensive protection possible for personal data processed via this website. Nevertheless, internet-based data transmissions can in principle have security vulnerabilities, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.

1. Definitions

The privacy policy of Gallery TOPLEV is based on the terminology used by the European legislator when adopting the General Data Protection Regulation (GDPR). Our privacy policy is intended to be easy to read and understand for the general public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.

We use, among others, the following terms in this privacy policy:

a) Personal data Personal data means any information relating to an identified or identifiable natural person (hereinafter "data subject"). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

b) Data subject A data subject is any identified or identifiable natural person whose personal data is processed by the controller.

c) Processing Processing means any operation or set of operations performed on personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.

d) Restriction of processing Restriction of processing means the marking of stored personal data with the aim of limiting its future processing.

e) Profiling Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's work performance, economic situation, health, personal preferences, interests, reliability, behaviour, location, or movements.

f) Pseudonymisation Pseudonymisation means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.

g) Controller The controller means the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

h) Processor A processor means a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.

i) Recipient A recipient means a natural or legal person, public authority, agency, or another body to which personal data are disclosed, whether or not it is a third party. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.

j) Third party A third party means a natural or legal person, public authority, agency, or body other than the data subject, controller, processor, and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

k) Consent Consent means any freely given, specific, informed, and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

2. Name and Address of the Controller

The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union, and other provisions of a data protection nature is:

Gallery TOPLEV Kaigasse 40 5020 Salzburg Austria Tel.: +43 (0)662 / 846389 Email: info@gallerytoplev.com Website: www.gallerytoplev.com

3. Cookies

The Gallery TOPLEV website uses cookies. Cookies are text files that are stored on a computer system via an internet browser.

Many websites and servers use cookies. Many cookies contain a so-called cookie ID, which is a unique identifier for the cookie. It consists of a string of characters by which websites and servers can be assigned to the specific internet browser in which the cookie was stored. This allows visited websites and servers to distinguish the individual browser of the data subject from other browsers that contain other cookies. A specific internet browser can be recognised and identified via its unique cookie ID.

Through the use of cookies, Gallery TOPLEV can provide users of this website with more user-friendly services that would not be possible without the setting of cookies.

Cookies allow us to optimise the information and offers on our website for the benefit of the user. As mentioned, cookies allow us to recognise users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, a user of a website that uses cookies does not have to re-enter their access data every time they visit the website, as this is handled by the website and the cookie stored on the user's computer system. Another example is a shopping cart cookie in an online shop, which allows the shop to remember the items a customer has placed in their virtual cart.

The data subject may prevent the setting of cookies by our website at any time by means of an appropriate setting in the internet browser used, and may thus permanently object to the setting of cookies. Furthermore, cookies that have already been set may be deleted at any time via an internet browser or other software programmes. This is possible in all common internet browsers. If the data subject deactivates the setting of cookies in their internet browser, not all functions of our website may be fully usable.

4. Collection of General Data and Information

The Gallery TOPLEV website collects a range of general data and information each time the website is accessed by a data subject or an automated system. This general data and information is stored in the server log files. The data collected may include: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (known as referrers), (4) the sub-pages accessed on our website via an accessing system, (5) the date and time of access to the website, (6) an internet protocol address (IP address), (7) the internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.

When using this general data and information, Gallery TOPLEV does not draw any conclusions about the data subject. This information is needed to (1) deliver the content of our website correctly, (2) optimise the content of our website and the advertising for it, (3) ensure the long-term functionality of our information technology systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for prosecution in the event of a cyberattack. This anonymously collected data and information is therefore evaluated by Gallery TOPLEV both statistically and with the aim of increasing data protection and data security within our company, in order to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files is stored separately from all personal data provided by a data subject.

5. Contact Options via the Website

The Gallery TOPLEV website contains information required by law that enables quick electronic contact with our company and direct communication with us, including a general email address. If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted voluntarily by a data subject to the controller is stored for the purposes of processing the enquiry or contacting the data subject. No personal data is passed on to third parties.

6. Routine Erasure and Blocking of Personal Data

The controller processes and stores personal data of the data subject only for the period necessary to achieve the purpose of storage, or as required by the European legislator or other legislators in laws or regulations to which the controller is subject.

If the storage purpose no longer applies or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data is routinely blocked or erased in accordance with the statutory provisions.

7. Rights of the Data Subject

a) Right to confirmation Every data subject has the right, granted by the European legislator, to obtain from the controller confirmation as to whether personal data concerning them is being processed. If a data subject wishes to exercise this right, they may contact any employee of the controller at any time.

b) Right of access Every data subject has the right, granted by the European legislator, to obtain from the controller, at any time and free of charge, information about the personal data stored about them and a copy of that information. Furthermore, the European legislator has granted the data subject access to the following information:

the purposes of the processing
the categories of personal data concerned
the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations
where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
the existence of the right to request rectification or erasure of personal data, or restriction of processing by the controller, or to object to such processing
the existence of the right to lodge a complaint with a supervisory authority
where the personal data is not collected from the data subject: all available information about the source of the data
the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject

The data subject also has the right to information as to whether personal data has been transferred to a third country or to an international organisation. Where this is the case, the data subject has the right to be informed of the appropriate safeguards relating to the transfer.

If a data subject wishes to exercise this right of access, they may contact any employee of the controller at any time.

c) Right to rectification Every data subject has the right, granted by the European legislator, to obtain from the controller without undue delay the rectification of inaccurate personal data concerning them. Taking into account the purposes of the processing, the data subject has the right to have incomplete personal data completed, including by means of providing a supplementary statement.

If a data subject wishes to exercise this right to rectification, they may contact any employee of the controller at any time.

d) Right to erasure (right to be forgotten) Every data subject has the right, granted by the European legislator, to obtain from the controller the erasure of personal data concerning them without undue delay, where one of the following grounds applies and to the extent that the processing is not necessary:

The personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed.
The data subject withdraws consent on which the processing is based according to Art. 6(1)(a) or Art. 9(2)(a) GDPR, and where there is no other legal ground for the processing.
The data subject objects to the processing pursuant to Art. 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21(2) GDPR.
The personal data has been unlawfully processed.
The personal data must be erased for compliance with a legal obligation under Union or Member State law to which the controller is subject.
The personal data has been collected in relation to the offer of information society services referred to in Art. 8(1) GDPR.

If any of the above grounds apply and a data subject wishes to request the erasure of personal data stored at Gallery TOPLEV, they may contact any employee of the controller at any time. A Gallery TOPLEV employee will ensure that the erasure request is complied with without delay.

Where Gallery TOPLEV has made personal data public and is obliged to erase it pursuant to Art. 17(1) GDPR, Gallery TOPLEV shall, taking account of available technology and the cost of implementation, take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure of any links to, or copies or replications of, that personal data, to the extent that processing is not required. A Gallery TOPLEV employee will arrange what is necessary on a case-by-case basis.

e) Right to restriction of processing Every data subject has the right, granted by the European legislator, to obtain from the controller restriction of processing where one of the following conditions applies:

The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of its use.
The controller no longer needs the personal data for the purposes of the processing, but it is required by the data subject for the establishment, exercise, or defence of legal claims.
The data subject has objected to processing pursuant to Art. 21(1) GDPR and it has not yet been determined whether the legitimate grounds of the controller override those of the data subject.

If any of the above conditions are met and a data subject wishes to request restriction of personal data stored at Gallery TOPLEV, they may contact any employee of the controller at any time. A Gallery TOPLEV employee will arrange the restriction of processing.

f) Right to data portability Every data subject has the right, granted by the European legislator, to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used, and machine-readable format. They also have the right to transmit that data to another controller without hindrance from the controller to which the personal data has been provided, where the processing is based on consent pursuant to Art. 6(1)(a) or Art. 9(2)(a) GDPR or on a contract pursuant to Art. 6(1)(b) GDPR, and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, in exercising the right to data portability pursuant to Art. 20(1) GDPR, the data subject has the right to have personal data transmitted directly from one controller to another, where technically feasible, and provided this does not adversely affect the rights and freedoms of others.

To assert the right to data portability, the data subject may contact any employee of Gallery TOPLEV at any time.

g) Right to object Every data subject has the right, granted by the European legislator, to object, on grounds relating to their particular situation, at any time to processing of personal data concerning them which is based on Art. 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions.

Gallery TOPLEV shall no longer process the personal data in the event of an objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights, and freedoms of the data subject, or the processing serves the establishment, exercise, or defence of legal claims.

Where Gallery TOPLEV processes personal data for direct marketing purposes, the data subject has the right to object at any time to processing of personal data for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to processing for direct marketing purposes, Gallery TOPLEV will no longer process the personal data for these purposes.

In addition, the data subject has the right, on grounds relating to their particular situation, to object to processing of personal data concerning them at Gallery TOPLEV for scientific or historical research purposes or statistical purposes pursuant to Art. 89(1) GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

To exercise the right to object, the data subject may contact any employee of Gallery TOPLEV directly. The data subject is also free, in the context of the use of information society services and notwithstanding Directive 2002/58/EC, to exercise their right to object by automated means using technical specifications.

h) Automated individual decision-making, including profiling Every data subject has the right, granted by the European legislator, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or similarly significantly affects them, where the decision (1) is not necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is not based on the data subject's explicit consent.

Where the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is based on the data subject's explicit consent, Gallery TOPLEV shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express their point of view, and to contest the decision.

If the data subject wishes to exercise rights concerning automated decision-making, they may contact any employee of the controller at any time.

i) Right to withdraw consent Every data subject has the right, granted by the European legislator, to withdraw consent to the processing of personal data at any time.

If the data subject wishes to exercise the right to withdraw consent, they may contact any employee of the controller at any time.

8. Legal Basis for Processing

Art. 6(1)(a) GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. Where processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case for example with processing operations required for the delivery of goods or the provision of any other service, the processing is based on Art. 6(1)(b) GDPR. The same applies to processing operations necessary for the implementation of pre-contractual measures, such as in cases of enquiries about our products or services. Where our company is subject to a legal obligation requiring the processing of personal data, such as for the fulfilment of tax obligations, the processing is based on Art. 6(1)(c) GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our premises were to be injured and their name, age, health insurance details, or other vital information had to be passed on to a doctor, hospital, or other third party. In such cases, processing would be based on Art. 6(1)(d) GDPR. Finally, processing operations may be based on Art. 6(1)(f) GDPR. Processing operations not covered by any of the aforementioned legal bases are based on this provision where processing is necessary for the purposes of the legitimate interests pursued by our company or a third party, except where such interests are overridden by the interests, fundamental rights, and freedoms of the data subject. Such processing operations are permitted to us in particular because they have been specifically mentioned by the European legislator, who took the view that a legitimate interest could be assumed where the data subject is a customer of the controller (Recital 47, Sentence 2 GDPR).

9. Legitimate Interests Pursued by the Controller or a Third Party

Where the processing of personal data is based on Art. 6(1)(f) GDPR, our legitimate interest is the conduct of our business activities for the benefit of the wellbeing of all our employees and shareholders.

10. Duration for Which Personal Data is Stored

The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiry of that period, the corresponding data is routinely deleted, provided it is no longer required for the performance or initiation of a contract.

11. Statutory or Contractual Requirements for the Provision of Personal Data; Necessity for the Conclusion of a Contract; Obligation to Provide Personal Data; Possible Consequences of Non-Provision

We inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual provisions (e.g. information on the contractual partner). In some cases it may be necessary for the conclusion of a contract that a data subject provides us with personal data which must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data when our company enters into a contract with them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data, the data subject must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of personal data is required by law or contract, or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what the consequences of non-provision would be.

This privacy policy was created by the privacy policy generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, acting as external data protection officer in Munich, in cooperation with data protection lawyer Christian Solmecke.