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PRIVACY POLICY

Decree on personal data

NOTICE PURSUANT TO PDPA and ARTS. 12, 13 and 14 of GDPR 679/2016
personal data collected from the data subject(last update 7 January 2021)

We wish to inform you that the 2012 Personal Data Protection Act of Singapore and the European Regulation no. 679/2016 (General Data Protection Regulation) establish rules concerning the protection of personal data processing of individuals as well as rules concerning the free movement of such data.

Your personal data will be processed according to the principles of correctness, lawfulness, transparency, restriction of purposes and storage, minimization and accuracy, completeness and confidentiality as required by the PDPA and the Regulation. We also want to remind you that by processing we mean: “any operation or set of operations which is 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.” (art. 4 par. 2 of the Regulation).

We want to draw your attention to the fact that the data being processed by our company may sometimes be photographic images and video footage collected for institutional, public relations and marketing purposes concerning exhibitions, conventions, fashion shows, museums and events in general. These data may be processed by us in printed and/or audiovisual format through any means of dissemination such as the web or social networks. Obviously, if the event is not unequivocally public and/or if there is the need for processing with purposes other than those set out below in point 3 you will be provided with the appropriate additional information and you will be asked, where necessary, for your specific consent, that you will be free to give or refuse.

Lastly, we specify that your data will be processed in complete conformity with the requirements of the PDPA and the Regulation and of any other applicable law and will be carried out both manually and with the aid of electronic and automated means; the Controller will implement technical and organizational measures to ensure a level of security that is adequate to the processing risk, with particular reference to access procedures by the appointed persons in charge of the processing. That being said, in compliance with the provisions of art. 12 and art. 13 of the Regulation, we specify the information you are entitled to for the processing the data supplied by you.

Below we provide specific information on:

  1. Who the data controller is;
  2. The existence or otherwise of a Data processor;
  3. The purposes for which we process your data and the legal basis that allows such processing;
  4. Who can we communicate your data to;
  5. The geographical scope within which your data might circulate;
  6. How long we will store your data;
  7. What cookies are and how are they used;
  8. Your rights;
  9. If and why the conferment of your data is mandatory;
  10. The existence or otherwise of automated decision-making processes.
1. Data controller.

Particle PTE Ltd, sole proprietorship with registered office on 3 Phillip Street, # 16-02A, Royal Group Building, 048693 Singapore is the data controller responsible for your Personal Data Processing.

If you wish to contact the company you may do so at the following address:

3 Phillip Street, # 16-02A, Royal Group Building, 048693 Singapore / info@particle.art / ++49 (0)30 814 52 83 31

2. Existence or non-existence of a Data Protection Officer.

The company declares that they don’t avail themselves of a Data Protection Officer.

3.Purposes of the processing and lawful legal basis.

The data you provide will be processed for the following purposes:

A) Contractual, accounting, administrative and tax-related.

In the context of these purposes, the processing of data concerns the fulfillment of the obligations foreseen by the law and enables an effective administrative management of the contractual relationships in place.

The legal basis of the processing, i.e. the one that makes the processing lawful, is that provided for by art. 6, par. 1, letter b) of the GDPR which states “processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract”.

B) Commercial (newsletter) and marketing, advertising and other activities connected to them.

In the context of these purposes, the processed data will concern advertising communications and communications relating to events organized and/or participated in by us. Specifically, we include, among other things, the sending of informative, promotional and advertising material and the sending of newsletters and of other promotional and commercial communication initiatives, including via email or phone.

The legal basis of the processing, i.e. the one that makes the processing lawful, is that provided for by art. 6, par. 1, letter a) of the GDPR which states that “the data subject has given consent to the processing of his or her personal data for one or more specific purposes”.

C) In the context of this purpose, the processed data will concern the analysis of the choices and preferences made by our customers/users regarding the services we offer and/or as a result of the participation in events we organize and/or participate in. Specifically we remind you that it is our prerogative to contact our customers without intruding, and for this purpose we want to send them only communications that are of interest to them. Through profiling we get to know our customers/users better and this allows us to improve our relationship. The profiled marketing activities that we carry out are, therefore, always to the benefit of our customers/users as they are aimed at sending them communications relating to the services and initiatives which are better suited to their interests. In compliance with the law and in order to protect your rights, we will only process the data that is strictly necessary for each purpose indicated in this privacy information notice.

The legal basis of the processing, that is the basis that makes the processing lawful, is that provided by art. 6 par.1, letter a) of GDPR which reads “the data subject has given consent to the processing of his or her personal data for one or more specific purposes”.

4. Possible recipients of processed personal data.

A) Your personal data may be communicated to the External Processing Managers we have appointed, such as: Labor Consultants, Tax Advisors, Data Processing Centers, Associated Companies, Subsidiaries or Parent companies, Retailers, Banks and Credit Institutions, Financial Companies and Credit Insurance Companies.

They may also be disclosed to public and private agencies (foundations, social security, welfare and insurance institutions), doctors in charge of matters of hygiene and safety on the workplace, Chambers of Commerce, Armed Forces and Police, customs and tax offices at the national level pursuant to the law.

B) As specified in the introduction, your data may be disseminated on catalogues, leaflets or other printed paper and/or also through the internet, on websites and/or social networks and/or other forms of information technology.

5. Geographical scope of the processing.

Your personal data will be processed only at the national or European level.

6. Retention period.

Your personal data will be stored:

– for the administrative purposes expressed in point 3) letter A), your data will be stored for a period of time suitable to ensure the proper execution of contractual obligations and the fulfilment of administrative and fiscal obligations: 10 years.

– for purposes expressed in point 3) letter B), Commercial and marketing, that is collected for purposes related to the sending of informative, promotional and advertising material and for sending newsletters and other promotional and communication initiatives, without prejudice to your right to withdraw the given consent at any time: 24 months.

– for the purposes set forth in letter c), Profiling, without prejudice to your right to withdraw the given consent at any time: 24 months.

7. Cookies.

The sites www.particle.art and www.particle.comdo not use systems aimed at the direct acquisition of personal data or user profiling. The session cookies, once the connection has ended, are not retained. Our computer systems use: cookies for the transmission of personal information; cookies of any kind, except those in Google Analytics, web analytics service provided by Google Inc. (“Google”) that uses cookies that are stored on the user’s computer to allow statistical analysis in aggregate form. The data generated by Google Analytics are stored by Google, as well as shown in its disclosures about the use of cookies. As independent data controller for the processing of data for the services of Google Analytics, Google Inc. makes available its own privacy policy. For more insights on how to manage or disable cookies or third-party marketing you can visit www.youronlinechoices.com

The specific information notice on cookies can be found on our website.

8. Your rights.

You may exercise these rights by contacting the Data Controller:

A) Right of access: the right to obtain from the Controller the confirmation whether or not there is an ongoing processing of your personal data and in this case, to gain access to the data and the detailed information concerning the origin of the data, the purposes of the processing, the categories of processed data, the recipients of their communication and/or transfer and whatever else concerns you.

B) Right to rectification: the right to obtain from the Controller the rectification of personal data that is incorrect, without undue delay, as well as the completion of personal data that is incomplete, also by providing a supplementary statement.

C) Right to erasure (“right to be forgotten”): the right to obtain from the Controller the cancellation of the data in the cases provided for when:

– The data are no longer needed in relation to the purposes for which they were collected;

– The consent has been withdrawn and there is no other legal basis which makes the processing lawful;

– The data have been processed unlawfully;

– The data must be erased for a legal obligation;

D) Right to restriction: the right to obtain from the Controller the restriction of the processing when, among others, the accuracy of the data themselves has been contested. This restriction will allow the Controller to verify the accuracy of the data. Furthermore, if the processing is unlawful and the data subject has objected to erasure.

E) Right to object: the right to object, at any moment, to the processing of data that have the legitimate interest of the Controller as a legal basis and/or that are processed for the purpose of direct marketing, profiling included.

F) Right to data portability: the right to receive your personal data in a structured format of common use and readable by automatic devices, and to transmit such data to another Data controller. This right is to be exercised only when the processing is based on consent or on a contract and only for electronic data.

G) Right of withdrawal of given consent: the right to withdraw, at any time, the consent previously given, without undermining the lawfulness of the processing based on the consent given before the withdrawal.

H) Right to lodge a complaint with a supervisory authority: the right to lodge a complaint with a competent supervisory authority if the data subject thinks that the processing that involves them violates the Regulation. This right may be exercised through the supervisory authority of the Member State where the data subject resides or works, or in the State where the alleged violation took place.

9. Legal or contractual obligation relating to the communication of data.

The conferment of data is mandatory as required by legal and contractual obligations (point A of the purpose), therefore, a refusal would make it impossible for our Company to establish and/or continue the relationship.

The conferment of other data not connected to legal and contractual obligations but referable to commercial, marketing, advertising and promotional activities, for the detection of the degree of customer satisfaction and similar purposes (point B of the purposes), as well as data concerning profiling, point C) of the purposes, is instead optional because data are collected to optimize the relationship with the customer within our business. The refusal to provide data for these purposes, while not jeopardizing the contractual relationship, will make it impossible to propose commercial and promotional initiatives, specifically targeted to the preferences of the counterparty offered by our company.

Therefore, an eventual refusal would imply the impossibility for our company to establish and/or continue the relationship, because it would not allow the entering of your name in the electronic lists that are necessary for the optimal and rational management of our marketing activities.

10. Automated decision-making processes.

Within our business there is no automated decisionmaking process, including profiling, as per art. 22 paragraphs 1 and 4.

TERMS AND CONDITIONS

  1. Registration
    1. Requirements: The websites accessible at the addresses www.particle.art or www.particle.com (the “Websites”) are owned and managed byParticle PTE Ltd, sole proprietorship with registered office on 3 Phillip Street, # 16-02A, Royal Group Building, 048693 Singapore (“Particle”). Registration with the Websites is only permitted for corporations and individual persons of full legal capacity. It is carried out by opening a member account and accepting these terms of service. There is no entitlement to a registration with the Websites. A user account is not transferable.
    2. Registration: The provided data requested on the form pages during registration must be complete and correct. The e-mail address provided must be correct and valid. The user contract is formed and the membership is activated by a confirmation e-mail sent by Particle following the registration. The registration of a legal person may only be done by an authorized natural person
    3. User name and password: During registration, the user has to choose a user name and password. This user name can be freely selected, but may not include any e-mail address or URL, nor may it violate another party's rights to names and brands. The user name chosen may not violate any ethical principles. The user must keep their chosen password secret, and the password must only be entered in the designated spaces at the Websites. Particle will never ask a user for their password on the telephone, by e-mail or through other websites. The user is solely responsible for any losses or drawbacks suffered by himself, other users, Particle or other parties resulting from lack of care for password security.
    4. Multiple accounts: In principle, users may create multiple user accounts. Any abuse of the multiple account feature is prohibited. The creation of more than 20 user accounts for one person is considered an abuse.
    5. Blocking user accounts: Particle reserves the right to block a user account or rescind the user contract as a whole, if improper or abusive usage of the platform is detected. This includes any usage violating the terms of service or statutory provisions, and any usage running contrary to the purpose and intent of Particle. When blocking an account, Particle will consider all justified interests of the affected user. The user will be informed of the reasons for blocking the account by e-mail. The blocked account can be reactivated. There is, however, no obligation for Particle to reactivate the account.
    6. Termination of a user account: A free account with the Websites is valid for an indefinite time. The account can be terminated by either party at any time and without prior notice. To terminate your account with the Websites, send a short e-mail with the subject heading “Termination of my account” and your user name to info@particle.art.
  2. Rights and Responsibilities
    1. Agreement: By registering with the Websites, the user accepts these terms of service as binding. Any opposing conditions are not accepted and thus ineffective.
    2. Responsibility: The user is solely responsible for all transferred contents and for his own demeanour on the Websites. The user agrees to not violate laws and regulations within the boundaries of the Websites. In case of any violation of the codes of law, ethical principles, these terms of service, or for other important reasons, we reserve the right to instantly terminate the user's account and delete all images and contents from the Websites as we see fit.
    3. Contents License: By registering and becoming a user and publishing Content you grant Particle a worldwide, non-exclusive, royalty-free, sublicensable right and license to access, view, use, copy, reformat, distribute, publicly display, publicly perform and transmit your Content via all Particle online channels (including the Site, Platform and third party sites and platforms) in any media now known or not currently known. This right and license is solely for the purpose of enabling Particle to use your content for the promotion of Particle platform.

      Particle does not claim, and so may not violate, ownership rights in your Content.

    4. Obligations: The user agrees to a) not transfer copyrighted material or contents that would infringe the rights of other parties in any other way to the Websites, to b) not insult, libel, harass or harm other users in any way, to c) not use the data and e-mail addresses acquired by using the Websites for commercial advertising, and to d) not use the Websites for contents that are pornographic, national socialist, racist or harmful to children or that constitute a glorification of violence.
    5. Inspection: Particle reserves the right - but does not incur any liability – to inspect, edit, delete or block contents that violate user obligations or the letter of the law. This also applies if a violation is suspected. There is no obligation for Particle to publish images and contents on the Websites.
    6. Copyright: By transferring any content onto the server, the user guarantees that he is entitled to provide this content for publication within the Websites without any claims for compensation by Particle or other parties.
    7. Indemnity clause: The user exempts Particle from all claims other parties may assert due to a violation of their rights, especially their copyrights, licensing rights, competition regulations or any other property rights by the content provided by the user. The user is obliged to reimburse all costs incurred in legal action effected by the violation of rights. The user agrees to support Particle by all means possible in meeting all third-party claims based on his contents, especially by providing all documents necessary for legal defense.
    8. Subject to consent: The Websites and their contents are protected by copyright and other property rights. Use of these contents is subject to existing copyright laws and property regulations. Any use of these contents, including the use of extracts, is subject to prior consent of the rights owners. It is not allowed to copy any contents by saving them locally or printing them.
    9. Privacy: Particle guarantees compliance with privacy and data protection regulations. All user related data is only processed and stored as necessary to perform the user contract. Find more detailed information on our Privacy page.
  3. Liabilities and limitations
    1. System failures: In principle, Particle strives to maintain service for 24 hours a day, seven days a week and twelve months a year. This excludes all periods of unforeseeable peaks in traffic that result in server malfunction, as well as any failures caused by illegal invasion (i.e. hacking attacks) that could not have been prevented by technically and economically reasonable measures. Scheduled offline periods are necessary to maintain and update the website. These will be announced in advance and do not constitute a breach of Particle’s contractual obligations. Particle can not guarantee the availability of their internet services at all times. If labour disputes, acts of God, war, riots or other circumstances beyond the control of Particle prevent Particle from fulfilling their contractual obligations, Particle shall face no legal consequences.
    2. Exemption from liability: Particle is not liable for contracts formed between its users. The user also exempts Particle from all claims other users or other parties may assert due to his or her usage of the Websites. If the rights of other users or other parties are violated by the contents provided or by other usage – such as message board activity, messaging or other - the user is obliged to reimburse all costs incurred in legal defense, including legal fees and costs. This does not apply if the user is demonstrably not responsible for the rights violation.

    3. Limitation of liability: Towards business partners, and unless essential contractual obligations are violated, Particle is only liable for damage if and insofar as Particle, its legal representatives or its executive employees can be charged with deliberate intention or gross negligence. For all other servants and assignees, Particle only takes responsibility in the case of deliberate intention and insofar as essential contractual obligations are violated intentionally or by gross negligence. Particle is not liable for consequential loss, especially not for missed profits, unless their legal representatives, executive employees or servants and assignees can be charged with deliberate intention and gross negligence. Unless deliberate intention and gross negligence can be observed, Particle’s liabilities only cover damages typically predictable at the time of contract formation.

      Towards consumers, Particle is generally only liable for damages caused by an intentional and negligent violation of obligations. This limitation of liability includes all legal representatives and all servants and assignees of Particle. If essential contractual obligations are violated, Particle can be held responsible for any negligence on the part of its legal representatives and servants and assignees. Unless deliberate intention and gross negligence can be observed, this liability only covers damages typically predictable at the time of contract formation.

      The aforementioned limitations of liability do not apply if Particle accepts explicit guarantees. Neither do they apply for damages from the loss of life, injury and health damage, or where mandatory legal regulations apply.

    4. Final provisions: Particle reserves the right the modify the terms of usage and general conditions without giving reasons. All changes will be announced in time on the Websites and the user will be asked for their compliance. If the user does not object, the modifications take effect. If the user objects, the account will be terminated. If one or more than one of these regulations should become ineffective, the other regulations will remain effective in spite of this. The contractual partners will replace the ineffective terms with a regulation which matches their intentions best. The same applies to any possible omissions in these terms of use.

      The Terms and conditions for the use of the Websites are governed by and construed in accordance with the laws of Singapore, without regard to principles of conflicts of law. Any dispute, controversy or claim arising out of or in connection with this Agreement, including the validity, invalidity, breach or termination thereof, shall be resolved and settled exclusively by the State Courts of Singapore.