Privacy and Cookie Policy

Last update: May 16, 2018

The purpose of this Privacy and Cookie Policy (herein called the "Privacy Policy") is to formalise our commitment to respect the privacy of users of the www.kazoart.com  website which is operated by KAZoART SAS ("Kazoart").

The Privacy Policy and the Terms and Conditions of Use form a contractual whole. All capitalised terms not defined in this Policy are defined in the Terms and Conditions of Use.

As part of the provision of our Site, we process your personal data in accordance with the General Data Protection Regulation 2016/679 of 27 April 2016 ("GPDR") and under the conditions set out below.

Personal data refers to any information relating to an identified or identifiable natural person. We collect and process personal data in the context of providing our Services or communicating about them exclusively, in strict compliance with the GDPR.

We only collect personal data that is adequate, relevant and limited to what is necessary for the purposes for which they are processed. Thus, you will never be asked to provide information on personal data considered "sensitive", such as your racial or ethnic origins, political, philosophical or religious opinions.

By registering on the Site, you authorise us to process your personal data in accordance with the Privacy Policy. If you do not agree with the terms of this Policy, please do not use the Site and its Services.

1. In which cases do we collect your personal data and what data is collected?

We may collect and store your personal data, particularly when you:

- browse the Site

- create an Artist Account or Profile

- apply to be part of our artists

- make a purchase on our site

- create a Wishlist on our website

- subscribe to our Newsletter

- contact us

We use your personal data to enable the implementation and management of the Site Services and to respond to your specific requests. We also use your personal data to operate and improve our Services, our Site and our approach. This information is only used by us and allows us to better tailor our Services to your expectations.

As far as Artists are concerned, we use personal data exclusively for the creation of individual profiles published on the Site and for the Contact Service.

If you have opted to receive emails and newsletters from us when you create your Account, you will then receive emails about our new artwork and promotions. We will then use the personal data you provided when you registered. You can unsubscribe from these mailings at any time.

1.1 Navigation on the Site

1.1.1. Login Data: Each time you connect to our Site, we collect personal data such as, but not limited to, your IP address and MAC address of your computer, the date and time of connection, and information about the browser you are using.

1.1.2. Navigation data: we also collect information to identify how you access the Site, which pages you visit and for how long. In this context, we may use Cookies as specified in paragraph 6 below.

1.2 Creating an Artist Account or Profile

Access to some of our Services requires the prior creation of an Account. In accordance with the Terms and Conditions of Use, you will be asked to provide a certain amount of personal data when creating your Account, including your first and last name and, your e-mail address.

When creating a personalised profile on the Site, each Artist communicates his or her name, first name, artist name, date of birth, postal address, email address, telephone number, profile picture, website address (if applicable) and personal pages on Facebook, Twitter, and Instagram Social Networks, biography, training, main exhibitions, and banking information.

1.3 Sale of artworks

As part of the sale of an artwork (and the possible completion of Formalities), you will be asked for information relating to each work necessary for its sale, including one or more photos of the work, its title, date of creation, technique, dimensions, and price.

1.4 Payment

In order to enable you to make payment for your purchases on KAZoART, you agree that we may use payment service providers who may collect your personal data in order to ensure the proper functioning of credit card payment processing and, where applicable, product delivery services.

To pay for your purchase, you must provide your billing and payment details, i. e.:

- your card number

- the name of the cardholder

- the validity date and security codes

We keep details of your payments, as well as details of the purchases you make. Transaction details are kept either at Kazoart or at the external service provider. This retention is for internal purposes, including accounting, compliance and legal purposes, in accordance with paragraph 5 of this Privacy Policy.

1.5 Subscribing to our Newsletter

When creating your Account, you may give your prior consent to receive our newsletters regarding new works, services and promotions as part of the Services.

In any event, you have the right to withdraw your consent to receive such information letters at any time and without charge under the conditions provided for in paragraph 6 of the Privacy Policy.

1.6 Contacts

In order to respond to requests you may make to our Customer Service, to confirm information and all transactions on your Account and to provide you with information about the Services (for example, if you lose your password or if changes are made to the Terms of Use), we will use your full name and email address.

2. How do we protect your personal data?

We have put in place technical and organisational security measures to ensure the security, integrity and confidentiality of all your personal data, in order to prevent it from being distorted, damaged or accessed by unauthorised third parties. We ensure an appropriate level of security, taking into account the state of knowledge, the costs of implementation and the nature, scope, context and purposes of the processing operation as well as the risks and their probability.

However, it is specified that no security measure being infallible, Kazoart is not in a position to guarantee absolute security for your personal data.

In addition, you are responsible for maintaining the confidentiality of the password used to access your Account. Do not share this information with anyone. If you share your computer, remember to log out before leaving a Service.

3. When do we share your personal data?

3.1 Sharing your personal data with third parties

When you browse the Site, your personal data may be transmitted to external service providers. These third parties provide a service on our behalf and in our name to ensure the smooth operation of credit card payments and other Services.

Personal data may be transferred to countries outside the European Union (such as the United States, Morocco and Madagascar) in order to process your requests, enter formalities and host and secure personal data.

In accordance with the DGPS, all transfers of personal data to a country outside the European Union and/or not offering a level of protection considered sufficient by the European Commission have been subject to cross-border flow agreements in accordance with the standard contractual clauses enacted by the European Commission and declared to the CNIL. Other transfers of personal data to the United States, in particular for customer relationship management (CRM), are governed by the US - U.S. PRIVACY SHIELD (European Union-United States Data Protection Shield): click here for more information

Except in the event that a third party asks you to accept a privacy policy and its own terms of use, the third party companies that have received your personal data have undertaken to process your personal data solely for the purpose of implementing the Services.

We will never share your personal data with third parties for marketing and/or commercial purposes without your prior consent.

3.2 Sharing with the authorities

We may disclose your personal data to administrative or judicial authorities when their disclosure is necessary for the identification, arrest or prosecution of any individual likely to prejudice our rights, any other user or a third party. Finally, we may be legally required to disclose your personal data and cannot object in this case.

4. How long do we keep your personal data?

We will only keep your personal data for the duration of your registration on the Site in order to ensure your identification when you connect to your Account and to allow the provision of the Services.

Thus, if you unsubscribe from the Site, your personal data will be deleted and only kept in the form of an archive for the purpose of establishing proof of a right or contract.

In any event, we will keep your personal data for no longer than is necessary for the purposes for which they are processed in accordance with the uses set out in this Privacy Policy and in compliance with laws and regulations.

5. Cookies: how do we use them?

5.1 What is a cookie?

A cookie is a text file that can be placed in a terminal when viewing an online service with a browser. In particular, a cookie file allows its issuer, during its validity period, to recognise the relevant terminal each time it accesses digital content containing cookies from the same issuer.

In any case, cookies placed on your navigation device with your consent are destroyed 13 months after they are placed on your device.

5.2 What are the cookies issued on our Site used for?

The cookies we issue allow us to:

- establish statistics and volumes of visits and use of the various elements composing our Site (sections and contents visited, routes), allowing us to improve the interest and ergonomics of our services;

- adapt the presentation of our Site to the display preferences of your device when you visit our Site, depending on the viewing or reading hardware and software that your device contains;

- store information relating to works you have consulted on our Site (wishlist, content of an order basket, etc.);

- allow you to access restricted and personal areas of our Site, such as your account, using identifiers or data that you may have previously provided to us and to implement security measures, for example when you are asked to log back into a content or service after a certain period of time.

- build a profile of your interests in order to display relevant ads on other sites, in conjunction with our advertising partners. Their operation uniquely identifies your computer and browser.

You can manage / disable these cookies by going to the interfaces for managing your advertising preferences of our partners:

Facebook Ads/Targeting (Your Facebook publication preferences)

Google Ads/Targeting (Your Google publication preferences)

When you browse the Site, cookies from social networks may also be generated, in particular through the sharing buttons that collect personal data.

When you first visit the Site, a cookie banner will appear on your home page. A clickable link provides more information on the purpose and operation of cookies and links to this Policy. Continued browsing on another page of the site or the selection of an element of the Site (in particular: image, text, link, etc.) indicates your acceptance to the deposit of the cookies referred to on your computer.

5.3 How can you control the cookies used?

You can configure your browser software at any time to store cookies in your device or, on the contrary, to reject them (either systematically or according to their origin). You can also configure your browser software so that you are offered the option of accepting or rejecting cookies from time to time, before a cookie can be stored on your device.

Warning: any setting may change your Internet browsing and your conditions of access to certain services requiring the use of cookies. We decline any responsibility regarding the consequences related to the degraded functioning of our services resulting from the impossibility of recording or consulting the cookies necessary for their functioning and that you have refused or deleted. This would be the case if you attempted to access our content or services that require you to be identified. This would also be the case if we (or our service providers) could not recognise, for technical compatibility purposes, the type of browser your device uses, its language and display settings, or the country from which your device appears to be connected to the Internet.

5.4 How to configure your browser software?

For the management of cookies and your choices, the configuration of each browser is different. It is described in the help menu of your browser, which will allow you to find out how to change your cookie preferences. Below you will find information about the main browsers.

Internet Explorer / Edge

In Internet Explorer, click on the Tools button, then on Internet Options.

On the General tab, under Navigation History, click on Settings.

Click on the Show Files button.

Firefox

Go to the Browser Tools tab and select the Options menu

In the window that appears, choose Privacy and click on Display cookies

Safari

Access the Settings via the browser menu (Safari > Preferences).

Click on Privacy.

Google Chrome

Access the Settings via the button to the right of the URL bar or via the browser menu (Chrome > Preferences).

Select Advanced Settings.

Click on Content Settings and then on Cookies..

For more information on cookies, you can visit the CNIL website.

6. What are your rights?

You are the only one who has provided us with the data in our possession, through the Site. You have rights to your personal data. In accordance with the regulations on the protection of personal data, in particular Articles 15 to 22 of the DGPS, and after proving your identity, you have the right to request access to, rectification or deletion of your personal data from us.

In addition, within the limits set by law, you also have the right to object to the processing, to limit it, to decide on the post-mortem fate of your data, to withdraw your consent at any time and to the right to the portability of the personal data provided.

You can contact our Services to exercise your rights at the following e-mail address: contact@kazoart.com or at the following postal address: 55 rue du Petit Parc 33200 Bordeaux, France, attaching a copy of an identity document to your request.

In addition, you can unsubscribe from our newsletter at any time by clicking on the unsubscribe link at the bottom of each email. You can also unsubscribe by sending a message to the following address: contact@kazoart.com.

7. Can we change the Privacy Policy?

We reserve the right to modify the Privacy Policy at any time. It is therefore recommended that you consult it regularly. In the event of any changes, we will post such changes on this page and in such places as we deem appropriate, depending on the purpose and significance of the changes made.

Your use of the Site after any changes mean that you accept those changes. If you do not agree to certain material changes to this Policy, you must stop using the Site.

8. Contact for your questions regarding your personal data

If you have any questions about your personal data or if you wish to delete your Account, please contact us at the following address: Kazoart SAS, 55 rue du Petit Parc 33200 Bordeaux, France (indicating "Privacy - Data Protection"), or by email at  contact@kazoart.com.

9. The National Commission for Information Technology and Liberties ("CNIL")

Kazoart has carried out the preliminary formalities imposed by the French Data Protection Act with the CNIL. The collection and computer processing of personal data has been the subject of a simplified declaration n° 1844733.

Kazoart reminds you that you can contact the CNIL directly on the CNIL website or by mail at the following address: Commission Nationale de l’Informatique et des Libertés (CNIL), 3 Place de Fontenoy - TSA 80715, 75334 PARIS CEDEX 07 - France.