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Gallery arthene
HHW GmbH
Harald Weingartner
Richard-Wagner-Weg 59
64287 Darmstadt

Phone: +49 (0) 174 347 8587
info@arthene.com

Reg. No. HRB 89814, Darmstadt Local Court
VAT ID No. according to § 27a UStG: DE335 163323

Gallery arthene
Marktplatz 9
64283 Darmstadt

Data Protection

We comply with the statutory provisions on data protection. When you visit this website, certain data is collected—for example, the website from which you are visiting us. We use this data to improve our services and to evaluate them statistically. It is neither possible nor intended to draw conclusions about your identity.

Personal data is only transmitted if you actively provide it to our website yourself, for example via a contact form. As a rule, only the data necessary to provide the requested service is collected and processed. Your data will not be passed on to third parties unless we are legally required to do so by law or court order. Upon request, we will gladly inform you which personal data we have stored about you. We will also correct or delete this data upon request, if necessary.

All our employees and any third parties involved in data processing are obliged to comply with the Federal Data Protection Act and to treat personal data confidentially.

Privacy policy

We are very pleased that you have shown interest in our enterprise. Data protection is a particularly high priority for the management of Galerie arthene. Use of the Galerie arthene website is generally possible without providing any personal data. However, if a data subject wishes to make use of special services offered by our company via the website, it may become necessary to process personal data. If the processing of personal data is required and there is no legal basis for such processing, we will 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—shall always be carried out in accordance with the General Data Protection Regulation (GDPR), and in compliance with the country-specific data protection regulations applicable to Galerie arthene. With this data protection declaration, our company aims to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, this declaration informs data subjects of the rights to which they are entitled.

As the controller, Galerie arthene has implemented numerous technical and organizational measures to ensure the most comprehensive protection possible of personal data processed through this website. Nevertheless, internet-based data transmissions may, 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, such as by telephone.

1. Definition of Terms

The data protection declaration of Galerie arthene 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 terminology used in advance.
In this privacy policy, we use the following terms, among others:

(a) Personal data:

Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as the “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, identification number, location data, 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:

Data subject means 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 or on sets of personal data, whether or not by automated means—such as collection, recording, organization, 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 that involves the use of personal data to evaluate certain personal aspects relating to a natural person—particularly to analyze or predict aspects concerning that person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.

(f) Pseudonymization:

Pseudonymization means the processing of personal data in such a way that the 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 organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.

(g) Controller or controller responsible for the processing:

The controller or controller responsible for the processing is 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 designation—may be provided for by Union or Member State law.

(h) Processor:

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

(i) Recipient:

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

(j) Third party:

A third party is any 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 authorized 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 Responsible for Processing

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 related to data protection is:

Galerie arthene – HHW GmbH
Richard-Wagner-Weg 59
64287 Darmstadt

Phone: +49 (0) 174 347 8587
Email: info@arthene.com
Website: www.arthene.com

Registration No.: HRB 89814, Darmstadt Local Court
VAT ID No. pursuant to § 27a UStG: DE335 163323

Galerie arthene
Marktplatz 9
64283 Darmstadt

3. Cookies

The internet pages of Galerie arthene use cookies. Cookies are text files that are placed and stored on a computer system via an internet browser.

Many websites and servers use cookies. Most cookies contain what is known as a cookie ID—a unique identifier for the cookie. It consists of a string of characters that allows websites and servers to associate the cookie with the specific internet browser in which it was stored. This enables the websites and servers visited to distinguish the individual browser of the data subject from other internet browsers that store different cookies. A specific internet browser can thus be recognized and identified using the unique cookie ID.

By using cookies, Galerie arthene is able to provide users of this website with more user-friendly services that would not be possible without the use of cookies.

Cookies allow the information and offers on our website to be optimized for the user’s benefit. They enable us to recognize users of our website, with the goal of making the site easier to use. For example, a user of a website that uses cookies does not have to re-enter their login data each time they visit, as this information is handled by the website and the cookie stored on the user's computer system. Another example is the cookie used for a shopping cart in an online store—it allows the store to remember the items a customer has placed in their virtual cart.

Data subjects can prevent the setting of cookies by our website at any time by adjusting the settings of their internet browser, thereby permanently objecting to the placement of cookies. In addition, cookies that have already been set can be deleted at any time via an internet browser or other software programs. This is possible in all common internet browsers. However, if the data subject disables cookies in the browser used, not all functions of our website may be fully usable.

4. Collection of General Data and Information

The website of Galerie arthene collects a series of general data and information when a data subject or an automated system accesses the website. This general data and information is stored in the server log files. The following may be recorded:

(1) the browser types and versions used,
(2) the operating system used by the accessing system,
(3) the website from which the accessing system reaches our website (known as the referrer),
(4) the sub-pages accessed via the accessing system on our website,
(5) the date and time of access to the website,
(6) the Internet Protocol address (IP address),
(7) the internet service provider of the accessing system, and
(8) other similar data and information used for security purposes, particularly in the event of attacks on our information technology systems.

When using this general data and information, Galerie arthene GmbH does not draw any conclusions about the data subject. Rather, this information is required in order to:

(1) deliver the content of our website correctly,
(2) optimize the content of our website and its advertising,
(3) ensure the long-term functionality of our information technology systems and the technology behind our website, and
(4) provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyberattack.

Therefore, Galerie arthene analyzes the anonymously collected data and information statistically, with the aim of enhancing data protection and data security across the company, and ensuring an optimal level of protection for the personal data we process.

The anonymous data stored in the server log files is kept separately from any personal data provided by a data subject.

5. Registration on Our Website

Data subjects have the option of registering on the controller’s website by providing personal data. The specific personal data transmitted to the controller is determined by the respective input fields used during the registration process. The personal data entered by the data subject is collected and stored exclusively for internal use by the controller and for purposes specific to the controller.

The controller may arrange for the data to be passed on to one or more processors—such as a parcel service provider—who will also use the personal data exclusively for internal purposes attributable to the controller.

By registering on the controller’s website, the IP address assigned by the data subject’s Internet service provider (ISP), as well as the date and time of registration, are also stored. This data is stored as a safeguard to prevent misuse of our services and, if necessary, to enable the investigation of any criminal offenses that may have been committed. In this context, the storage of this data is necessary to protect the interests of the controller. This data is not passed on to third parties unless there is a legal obligation to do so or if it is required for the purpose of criminal prosecution.

The registration of the data subject—through the voluntary provision of personal data—serves the controller in offering content or services that, by their nature, can only be provided to registered users. Registered persons are free to modify the personal data provided during registration at any time or to have it completely deleted from the controller’s database.

The controller shall, at any time and upon request, provide any data subject with information about the personal data stored concerning them. Furthermore, at the request or indication of the data subject, the controller shall rectify or erase personal data, provided that there are no statutory retention obligations that prevent this. All employees of the controller are available to the data subject as contact persons in this context.

6. Contact Possibility via the Website

The website of Galerie arthene contains information that enables quick electronic contact with our enterprise, including direct communication with us via a general address for electronic mail (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, provided voluntarily by the data subject, is stored for the purpose of processing the request or contacting the data subject. This personal data is not passed on to third parties.

7. Routine Erasure and Blocking of Personal Data

The controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as permitted by the European legislator or other applicable laws and regulations to which the controller is subject.

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

8. Rights of the Data Subject

a) Right to confirmation:

Each data subject has the right, granted by the European legislator, to obtain confirmation from the controller as to whether or not personal data concerning him or her is being processed. If a data subject wishes to exercise this right, he or she may contact any employee of the controller at any time.

b) Right of access:

Any person affected by the processing of personal data has the right granted by the European legislator of directives and regulations to obtain, at any time and free of charge, information from the controller concerning the personal data stored about him/her 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 being processed
- the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations, 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 from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing
- the existence of the right to lodge a complaint with a supervisory authority if the personal data are not collected from the data subject All available information on the origin of the data The existence of automated decision-making, including profiling, in accordance with Article 22 (1) and (4) GDPR and at least in these cases - meaningful information on the logic involved and the scope and intended effects of such processing for the data subject

Furthermore, the data subject has the right to know whether personal data has been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to be informed about the appropriate safeguards relating to the transfer. If a data subject wishes to exercise this right of access, he or she may contact any employee of the controller at any time.

c) Right to rectification:

Any person affected by the processing of personal data has the right, granted by the European legislator, to request the immediate rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject also 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, he or she may contact any employee of the controller at any time.

d) Right to erasure (right to be forgotten)

Any person affected by the processing of personal data has the right, granted by the European legislator, to obtain from the controller the erasure of personal data concerning him or her without undue delay where one of the following grounds applies and insofar as the processing is not necessary:

- The personal data have been collected or otherwise processed for such purposes for which they are no longer necessary.
- The data subject withdraws consent on which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the 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 processed unlawfully.
- The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
- The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.

If one of the aforementioned reasons applies and a data subject wishes to request the erasure of personal data stored by Galerie arthene, they may contact any employee of the controller at any time. The employee of Galerie arthene will ensure that the erasure request is carried out without delay.

If the personal data has been made public by Galerie arthene, and our company as the controller is obliged to erase the personal data pursuant to Art. 17 Para. 1 GDPR, Galerie arthene shall take appropriate measures— including technical measures—taking into account the available technology and implementation costs, to inform other data controllers processing the published personal data that the data subject has requested the erasure of all links to, or copies or replications of, that personal data, unless processing is legally required. The employee of Galerie arthene will arrange the necessary steps in individual cases.

e) Right to restriction of processing:

Any data subject has the right, granted by the European legislator, to request the restriction of processing by the controller if 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 instead requests the restriction of its use.
  • The controller no longer needs the personal data for the purposes of processing, but the data is required by the data subject to assert, exercise, or defend legal claims.
  • The data subject has objected to processing pursuant to Art. 21(1) GDPR, pending verification of whether the legitimate grounds of the controller override those of the data subject.

If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored by Galerie arthene, he or she may contact any employee of the controller at any time. The employee of Galerie arthene will arrange for 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 him or her, which he or she has provided to a controller, in a structured, commonly used, and machine-readable format. He or she also has the right to transmit this data to another controller without hindrance from the controller to which the personal data was originally provided, provided that:

  • the processing is based on consent pursuant to point (a) of Article 6(1) GDPR or point (a) of Article 9(2) GDPR, or on a contract pursuant to point (b) of Article 6(1) GDPR; and the processing is carried out by automated means,
  • unless the processing is 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 their right to data portability under Article 20(1) GDPR, the data subject has the right to have personal data transmitted directly from one controller to another, where technically feasible and where doing so does not adversely affect the rights and freedoms of others.

To assert this right, the data subject may contact any employee of Galerie arthene at any time.

g) Right to object:

Every data subject has the right, granted by the European legislator, to object at any time to the processing of personal data concerning him or her which is based on Article 6(1)(e) or (f) of the GDPR, for reasons related to his or her particular situation. This also applies to profiling based on those provisions. In the event of an objection, Galerie arthene will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing that override the interests, rights, and freedoms of the data subject, or if the processing serves the establishment, exercise, or defence of legal claims.

If Galerie arthene processes personal data for direct marketing purposes, the data subject has the right to object at any time to such processing. This also applies to profiling insofar as it is related to direct marketing. If the data subject objects to processing for direct marketing purposes, Galerie arthene will cease processing the personal data for those purposes.

In addition, the data subject has the right to object to the processing of personal data by Galerie arthene for scientific or historical research purposes or for statistical purposes pursuant to Article 89(1) GDPR, unless the processing is necessary for the performance of a task carried out in the public interest.

To exercise the right to object, the data subject may contact any employee of Galerie arthene or another employee directly. Furthermore, the data subject is also free to exercise the right to object by automated means using technical specifications in connection with the use of information society services, notwithstanding Directive 2002/58/EC.

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 him or her, or similarly significantly affects him or her, provided that 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 authorized by Union or Member State law to which the controller is subject, and which also provides suitable measures to safeguard the data subject's rights, freedoms, and legitimate interests, or
  3. is not based on the data subject's explicit consent.

If 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,

Galerie arthene shall implement suitable measures to safeguard the data subject’s rights, freedoms, and legitimate interests—at minimum, the right to obtain human intervention on the part of the controller, to express his or her point of view, and to contest the decision.

If the data subject wishes to exercise his or her rights regarding automated decision-making, he or she may contact any employee of the controller at any time.

i) Right to withdraw consent under data protection law:

Every data subject has the right, granted by the European legislator, to withdraw their consent to the processing of personal data at any time. If the data subject wishes to exercise this right, they may contact any employee of the controller at any time.

9. Data Protection Provisions Regarding the Application and Use of Instagram

The controller has integrated components of the Instagram service on this website. Instagram is an audiovisual platform that allows users to share photos and videos, and to distribute such content across other social networks.

The operator of the Instagram services is Instagram LLC, 1 Hacker Way, Building 14, First Floor, Menlo Park, CA, USA.

Each time one of the individual pages of this website—operated by the controller and containing an Instagram component (Insta button)—is accessed, the internet browser on the data subject’s information technology system is automatically prompted by the respective Instagram component to download a display of that component. As part of this technical process, Instagram receives information about which specific subpage of our website was visited by the data subject.

If the data subject is logged in to Instagram at the same time, Instagram recognizes which specific subpage of our website the data subject visits during their session. This information is collected by the Instagram component and associated with the data subject’s personal Instagram account. If the data subject clicks on an Instagram button integrated on our website, the corresponding data and information will also be linked to their Instagram account and stored and processed by Instagram.

Instagram receives this information via the Instagram component regardless of whether the data subject interacts with it—provided they are logged into Instagram while accessing our website. If the data subject does not wish this information to be transmitted to Instagram, they can prevent it by logging out of their Instagram account before visiting our website.

Further information and Instagram’s applicable data protection provisions can be found at:
https://help.instagram.com/155833707900388 and https://www.instagram.com/about/legal/privacy/

10. Legal Basis for Processing

Article 6(1)(a) GDPR serves as the legal basis for processing operations for which we obtain consent for a specific purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party—such as processing operations required for the delivery of goods or the provision of other services—the processing is based on Article 6(1)(b) GDPR. The same applies to processing operations necessary for pre-contractual measures, for example, inquiries about our products or services.

If our company is subject to a legal obligation that requires the processing of personal data—such as compliance with tax obligations—the processing is based on Article 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 instance, if a visitor were injured on our premises and personal information such as name, age, health insurance details, or other vital data needed to be shared with a doctor, hospital, or third party. In such cases, the processing would be based on Article 6(1)(d) GDPR.

Finally, processing operations may also be based on Article 6(1)(f) GDPR. This legal basis applies to processing that is not covered by the aforementioned grounds, if it is necessary to protect a legitimate interest of our company or a third party—provided that such interest is not overridden by the interests, fundamental rights, or freedoms of the data subject. The European legislator expressly recognized such legitimate interest, particularly when the data subject is a customer of the controller (Recital 47, Sentence 2 GDPR).

11. Legitimate Interests in Processing Pursued by the Controller or a Third Party

If the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is the operation of our business in a manner that benefits the well-being of all our employees and shareholders.

12. Duration for Which Personal Data Is Stored

The criterion for determining the duration of personal data storage is the applicable statutory retention period. After the expiration of this period, the corresponding data is routinely deleted—unless it is still required for the fulfillment or initiation of a contract.

13. Legal or Contractual Provisions Regarding the Provision of Personal Data; Necessity for Contract Conclusion; Obligation of the Data Subject; Possible Consequences of Non-Provision

We clarify that the provision of personal data may be required by law (e.g., tax regulations) or may arise from contractual obligations (e.g., information about the contractual partner). In certain cases, it may be necessary for a data subject to provide us with personal data in order to enter into a contract, which we will then process.

For example, a data subject is obligated to provide personal data if our company enters into a contract with them. Failure to provide the required data would result in the contract not being concluded. Before providing personal data, the data subject should contact one of our employees. The employee will clarify, on a case-by-case basis, whether the provision of personal data is required by law or contract, whether there is an obligation to provide the data, and what the consequences would be if the data is not provided.

14. Existence of Automated Decision-Making

As a responsible company, we do not use automated decision-making or profiling.