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PRIVACY POLICY

PRIVACY POLICY (last update March 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).

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 help of electronic and automated tools; 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

The representative based within the EU is the following person:

Michele Caruso (CF CRSMHL89C30D643K), via Gran San Bernardo 13, 20154 Milano / michele_caruso@live.it / +39 3423304819

2. Personal Data.

The nature of Personal Data collected through the website are the following:

  1. Personal data concerning the navigation of the website, which are processed in order to allow the correct functioning of the website.These data, necessary for the correct functioning of the website, are processed also with the aim to obtain statistical information on the use of the products and services offered by the Company (webpages more frequently accessed, number of visitors, geographical area of provenance) or to check the correct and full functioning of the services offered. For more information please read the cookies section under par. 7 and the Cookies Policy on the website;
  2. Personal data voluntarily supplied by you (email address, name, professional affiliation and contact data) or otherwise legally acquired by the Company in order to allow you - to receive the products and services supplied by the website; - to respond to your queries to the Company and, more generally, to manage the contractual relationship between you and the Company;
  3. Personal data voluntarily supplied by you processed by the Company to send you information, invitations and updates on the activities of the Company or third parties acting in collaboration with the Company;
  4. Personal data concerning the analysis of the choices and preferences made by you regarding the services we offer and/or as a result of the participation in events we organize and/or participate in;

Should the user be minor to 16 years old, according to art. 8 GDPR, the registration shall be done and the consent shall be given by the holder of parental responsibility over the child.

3.Purposes of the processing and lawful legal basis.

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

A) The processing of the Personal Data on the website navigation is based on the legitimate interest of the Company to supply to you the correct and full use of the website.

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 f) of the GDPR which states “processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child”.

B) The processing of the Personal data voluntarily supplied by you according to art. 3 b) is based on the fulfilment 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”.

C) Commercial (newsletter) and marketing, advertising and other activities connected to them. The processing of the Personal Data voluntarily supplied by you to send you information, invitations and updates on the activities of the Company or third parties acting in collaboration with the Company according to art. 3 c) above is based upon your consent.

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”.

D) 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:

  1. - personnel and consultants of the Company, which will operate as parties under the instruction and direct authority of the Data Controller;
  2. - companies supplying to Particle marketing and communication activities, data processing Centers, which will operate as Data Processor nominated by Particle;
  3. - External Processing Managers such as Labor Consultants, Tax Advisors, Retailers, Banks and Credit Institutions, Financial Companies and Credit Insurance Companies to allow the services of the website;
  4. - public and private agencies (foundations, social security, welfare and insurance institutions), Chambers of Commerce, Armed Forces and Police, customs and tax offices at the national level pursuant to the law.
5. Geographical scope of the processing.

Your personal data can be transferred in any country of the EU and in third countries where the adequate level of protection has been assessed by the EU Commission (for instance: Switzerland, US). The Personal Data will not be disseminated.

6. Retention period.

Your personal data will be stored:

  1. – the data acquired through the navigation cookies will be retained for the period of time needed to achieve the aim for which they have been processed, as indicated in the Cookies policy;
  2. – for the administrative purposes expressed in point 3) B), 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.
  3. – for purposes expressed in point 3) C), 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: in line with the reference field, but no more than 7 years.
  4. for the purposes set forth in point 3) D), Profiling, without prejudice to your right to withdraw the given consent at any time: in line with the reference field, but no more than 7 years.
7. Cookies.

The sites www.particle.art and www.particle.comuse: 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 under Cookies Policy.

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:

  1. – The data are no longer needed in relation to the purposes for which they were collected;
  2. – The consent has been withdrawn and there is no other legal basis which makes the processing lawful;
  3. – The data have been processed unlawfully;
  4. – 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 the navigation data is regulated by the Cookie Policy.

The conferment of data is mandatory as required by legal and contractual obligations (point B 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 C of the purposes), as well as data concerning profiling, point D) 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 REGULATING THE WEBSITES AND PARTICLE’S PROJECTS

  1. Registration and scope of these Terms and conditions: By registering with the Websites and opening a member account you accept these terms and conditions (“Terms and conditions”) as binding.

    These Terms and Conditions shall regulate the use of the websites andthe contractual relationship between you and Particle concerning the cultural projects organized, developed and offered by Particle (the “Projects”) either through the websites or through any other media. Any opposing conditions are not accepted and thus ineffective.

  2. Requirements: The websites accessible at the addresses www.particle.art or www.particle.com (the “Websites”) are owned and managed by Particle 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. Should you be a minor to 16 years old, according to art. 8 GDPR, the registration shall be done and the consent shall be given by the holder of parental responsibility over the child.

    There is no entitlement to a registration with the Websites. A user account is not transferable.

    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. Your 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.

    During registration, you have to choose a user-name and a password. The 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. Your name chosen may not violate any ethical principles. You must keep your 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. You are solely responsible for any losses or drawbacks suffered by himself, other users, Particle or other parties resulting from lack of care for password security.

    In principle, you 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.

    In principle, you 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.

    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.

  3. Terms and Conditions of the WebSites:

    Particle is offering services regarding art and cultural projects at large.

    Please read the following Terms and Conditions carefully before you consult or use the Websites and/or participate to the Projects.

    Your access, registration and utilization of the Websites are deemed to confirm that you have read, understood and accepted without limitations or reservations the Terms and Conditions, as well as the applicable law.

    If you do not intend to accept the Terms and Conditions, leave the Websites immediately.

    Particle reserves for itself the right, in its sole discretion, to change the Terms and Conditions at any time and without prior notice. The use of the Websites after any such change(s) implies acceptance of the Terms of Conditions as amended and their binding nature.

  4. Intellectual Property Rights

    You acknowledge and accept that theWebsites and all of their contents thereof, including (but not limited to) any texts, information, trademarks, data, graphic layout, logos, photographs, icons, multimedia contents (graphic, audio and video), images, digital downloads, data compilations, software, HTML code, screenshots and other similar contents (collectively the “Contents”) are the property of Particle and are protected by international laws on intellectual property including (but not limited to) patent rights, copyrights, industrial secrecy, tradenames, registered trademarks, service marks, moral rights, know-how or any other similar rights recognized by laws or international conventions in any country or jurisdiction, worldwide.

    The use of the Websites is permitted only for private, personal and non-commercial purposes. Any other use is strictly prohibited.

    You may not in any way or manner (and the following list is not limitative but merely indicative) reproduce, download, copy, save to memory, manipulate, reformat, print, exhibit, publish, transmit/broadcast or distribute the Websites or any of their Contents or create a work derived from the Website’s Contents.

    You may, consistent with these Terms and Conditions and in accordance with what is specifically set forth in the Websites, download, copy, save and print any Contents for which you have obtained access authorization solely for personal and non-commercial use. If authorized, the use of photographic images is subject to the payment of royalties to the authors.

    In the event of any use of the Websites, whether authorized or not, no right, title and/or interest derived from or pertaining to the Contents, material or software shall be deemed to have been transferred to or acquired by you.

    In case of authorized access you undertake to abide by any and all notices pertaining to copyrights or trademarks and by other notices included in the site or in the Contents. Also, any information contained in captions must always remain attached to its respective object and clearly visible, without removing copyright notices or other legally protected names or symbols.

    All rights are reserved in all countries of the world.

  5. Assignment of Intellectual Property rights

    Intellectual Property assignment: By registering with the Websites and opening a member account, you assign and convey to Particle the entire intellectual property rights to the original contents (“Your Contents”) provided by you at any time - either after or before the registration with the Websites (including – without limitation – artworks, interviews, video, audio, text, ideas, concepts, know-how) in connection with the participation in the Projects, for the entire duration of the copyright protection and for every country in the world.

    Particle is free to treat Your Contents as it wishes without any limitation. The rights hereby transferred include, without limitation, the full and exclusive right, title and interest in Your Contents and the right to reproduce, display, edit, market, publicly perform, promote, distribute, exhibit, modify, reformat, create derivate works, incorporate into advertisements and other works, exploit and otherwise use and permit others to use Your Contents, throughout the world, exclusively and on a perpetual basis without further consent from or compensation to you, in all markets and media now existing or in the future, including, without limitation, any and all social media platforms now existing or hereafter developed (including, without limitation, on Facebook, Twitter, Tumblr, Instagram, Vine, Google+, and Pinterest, and any and all traditional media, including print and television).

    The rights herein transferred include, among others, the right of your image and name for promoting the Projects.

    You hereby irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Contents. You agree that Particle shall have the sole right to determine the manner in which Your Contents shall be used, if at all, and you hereby waive any right that you may have to inspect or approve the final version of Your Contents to be used by Particle. You further agreethat Particle is free to use any ideas, concepts, know-how provided to Particle without compensation and/or attribution.

    Responsibility: You are solely responsible for all transferred contents and for their own demeanour on the Websites. Youagree to not violate laws and regulationswithin 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.

    Obligations and warranties on Your Contents: You agree to a) not transfer copyrighted material or contents that would infringe the rights of third parties; 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.

    By transferring any content to Particle, you guarantee that you are entitled to provide Your Contents for publication within the Websites without any claims for compensation by you or other parties.

    You hereby warrant that you are the sole author of Your Contents, that they are your original work, that you have no contractual or other arrangements which would in any way interfere with or prevent the above-mentioned assignment of intellectual property rights in said materials. You hereby warrant and represent that the (i) use of Your Contents will not violate, misappropriate, or infringe upon the rights of any third party (including, any rights of copyright, trademark, publicity or privacy); (ii) any person identified in Your Contents has reached majority and is entitled to fully dispose of his/her image rights; (iii) any person identified in Your Contents has executed the requisite releases or have otherwise consented to the submission and use of Your Contents as contemplated herein; (iv) Particle’s use of Your Contents in the manner contemplated above and the rights transferred hereunder do not, and will not, violate any right of, or conflict with, or violate any right or commitment made to, any third party and no consent or authorization from any third party is required in connection with such use; and (v) Your Contents are not otherwise illegal, fraudulent, defamatory, obscene and/or abusive.

    Indemnity clause: You shall indemnify and hold Particle harmless against and from any and all claims, liabilities, losses and damages, including reasonable attorney’s fees, other parties may assert due to a violation of their rights, especially their copyrights, intellectual property rights, licensing rights, or any other property rights concerning and/or in connection with Your Contents. You are obliged to reimburse all costs incurred in legal action effected by the violation of rights. You agree to support Particle by all means possible in meeting all third-party claims based on Your Contents, especially by providing all documents necessary for the legal defence.

    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. Privacy: Particle guarantees compliance with privacy and data protection regulations. Please find more detailed information in our Privacy Policy.

  7. Liabilities and limitations:

    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.

    Exemption from liability: Particle is not liable for contracts formed between its users. Youalso exempt 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 –you are obliged to reimburse all costs incurred in legal defence, including legal fees and costs. This does not apply if you are demonstrably not responsible for the rights violation.

    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.

  8. Final provisions: Particle reserves the right the modify these Terms and Conditions without giving reasons. All changes will be announced in time on the Websites and youwill be asked for their compliance. If youdo not object, the modifications take effect. If youobject, 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 and Conditions.

    The Terms and Conditions 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.