Privacy Policy

Version published on November 3, 2021

The Diane de Polignac company, the address and contact details of which are given in full in the Legal Notice (hereinafter the “Diane de Polignac Gallery” ), as the data controller, is concerned about the protection of your personal data (hereinafter “Personal Data” or “Data”), as defined by the Regulation (EU) 2016/679 on the protection of Personal Data and by the French Law No. 78-17 of 6 January 1978, as amended, known as the “Data Protection Law” (hereinafter the “Regulations”).

The present Privacy Policy is intended to detail in a transparent manner the way in which the Diane de Polignac Gallery collects, stores, uses and discloses your Personal Data when you consult the Internet site, which is accessible in particular at the address https://dianedepolignac.com/ (the “Site”) and/or you wish to obtain services or information offered by the Diane de Polignac Gallery, in particular on the Site (the “Services”).

This Policy is supplemented, where applicable, by the informative notes in our Data collection forms.

By using the Site and making use of the Services, you acknowledge acceptance of this Privacy Policy.

1. THE PERSONAL DATA THAT YOU DISCLOSE TO US

Within the framework of the Services offered by the Diane de Polignac Gallery (including those proposed via the Site), the latter is required to collect, directly or indirectly, the following Data which is strictly necessary for the implementation of the Services:

  • “Newsletter” form: surname, first name, email address.
  • “Contact” section: any Personal Data communicated in your email to the Diane de Polignac Gallery team.
  • Request for inclusion in catalogues raisonnés: surname, first name, postal address, telephone number, email address, date and place of birth, signature.
  • Purchase of works: surname, first name, postal address, telephone number, email address, bank details (for online purchases from the e-shop).

In the absence of this information, the Diane de Polignac Gallery will not be able to provide the services you require. However, it is not absolutely necessary to provide Personal Data in order to visit and browse the Site.

Furthermore, when consulting the Site, the Diane de Polignac Gallery may collect certain Data through cookies placed on your device. The methods of collection are set out in Article 6 on “Cookies” below.

2. THE USE AND PROCESSING OF YOUR DATA

2.1 The legal grounds for the collection and processing of Data

In general, the Diane de Polignac Gallery only uses your Personal Data on the basis of the following legal grounds:

  • When processing is necessary for the performance of the Services offered;
  • When processing is necessary to comply with a legal or regulatory obligation to which the Diane de Polignac Gallery is subject;
  • When processing is necessary for the purposes of the legitimate interests pursued by the Diane de Polignac Gallery or by a third party (in particular in the context of monitoring and promoting the works of the artists represented by the Gallery), where this does not infringe on your own interests, freedoms or fundamental rights.

2.2 The purposes of data processing

The Personal Data processed by the Diane de Polignac Gallery is necessary for the execution of the Services offered by the latter and more precisely for the realisation of the following objectives and purposes:

  • the management of communications from the Diane de Polignac Gallery;
  • the management of registrations for events organised by the Diane de Polignac Gallery;
  • the processing of your requests for the inclusion of works in catalogues raisonnés;
  • the monitoring and management of the collections of works managed by the Diane de Polignac Gallery (including as part of the publication of catalogues raisonnés);
  • the management of transactions relating to the works managed by the Diane de Polignac Gallery (including through the e-shop accessible on the Site);
  • the management and follow-up of relationships with collectors;
  • the improvement of the Site’s content and navigability.

2.3 Recipients of your Data

The Personal Data processed is intended solely for use by the Diane de Polignac Gallery. The recipients of the data are the employees of the Diane de Polignac Gallery who are authorised to process this Data on the grounds of their position (persons in charge of communications, relations with collectors, persons in charge of accounting).

The Personal Data collected may, however, be communicated to third parties bound by contract to the Diane de Polignac Gallery, for the execution of subcontracted services and/or those necessary for the performance of the Services (e.g.: service providers in charge of the external communications for the Diane de Polignac Gallery, experts, artists and rights holders of the works, authors of the catalogues raisonnés, the host of the Site, technical service providers necessary for the functioning of the e-shop, etc.). Before any transfer of information, the Diane de Polignac Gallery verifies the conformity of the purpose of each request and guarantees the transmission of the elements strictly necessary for the execution of the Services.

To date, the service providers identified are:

  • the webmaster of the Site (DATAWORDS);
  • the host of the Site (AWS);
  • Mailchimp;
  • the online payment provider (CIC and STRIPE);
  • Google Analytics (if access is granted when cookie consent is requested).

As such, it is specified that these third parties shall only have limited access to the Data necessary for the execution of their services and shall be obliged to use it in accordance with the provisions of the Regulations.

In no event shall the Diane de Polignac Gallery give away, sell or lease the Personal Data collected to third parties, whether in return for payment or free of charge.

Moreover, in cases where the law obliges or authorises it to do so, in particular as the result of a court decision or any other legal request or requirement, the Diane de Polignac Gallery may be required to disclose this Data to third parties.

2.4 Transfer of your Data

The Site is hosted on servers located within the territory of the European Union.

The Diane de Polignac Gallery stores Personal Data on secure servers located within the territory of the European Union.

In the event that the Data collected is transmitted to companies that are domiciled in the United States or outside the European Union in countries that do not ensure an adequate level of protection, the Diane de Polignac Gallery undertakes to provide appropriate guarantees such as, in particular, the invocation of standard data protection clauses adopted by the European Commission in order to ensure an adequate level of data protection, as well as any additional measures deemed useful (auditing of service providers, etc.).

2.5 Retention period

The Diane de Polignac Gallery retains this Personal Data for the period strictly necessary for the accomplishment of the Services and, more generally, for the aforementioned purposes for which it was collected and processed, and subject to its legal obligations to retain certain data or the legal possibilities of data archiving and anonymisation.

The necessary retention period for Personal Data is defined according to the quantity, nature and level of sensitivity of such Data, the potential risk of damage in the event of fraudulent use or dissemination, the purpose assigned to the processing of the Data, and whether it is possible to achieve this purpose by other means, as well as the applicable legal requirements.

Detailed below is an informative list of Data retention periods. For more information on the data retention period of your Personal Data for a specific purpose, please contact us at the following address: diane@dianedepolignac.com

  • Data collected to inform you of our commercial offers or events (e.g. via the “Contact” and “Newsletter” sections) (surname, first name, email address, telephone number, message): 3 years from the date of the last contact (the sending of your last request).
  • Data collected to respond to one or more of your requests within the framework of our commercial relationship: the duration of the commercial relationship as well as legal time limits requiring the Diane de Polignac Gallery to retain your Data (limitation period of 5 years applicable under ordinary law to civil and commercial matters…).
  • Data collected within the framework of recruitment applications: a maximum of 2 years from the last contact with the applicant, except in cases where a longer period has been expressly agreed to.
  • Data collected in the context of requests for inclusion in a catalogue raisonné: The Diane de Polignac Gallery only retains data collected for this purpose for the time required for the administrative processing of the request for inclusion and the communication of this data to the authors of the catalogue raisonné, and subsequently deletes the data at the latest within two months of the events mentioned above. For your information, and subject to clarification to the contrary by the authors of the catalogue raisonné, the authors of the catalogue raisonné generally retain this data for the duration of the operating of the catalogue raisonné. In the event that a work is not included in the catalogue raisonné, the data collected is in principle retained for the same period of time by the authors of the catalogues raisonnés, for historical purposes and in the event that new information on the author of the work is brought to the attention of the author of the catalogue raisonné that would allow him or her to reconsider the decision not to include the work.
  • Bank details communicated by you for the purpose of paying for the Services by debit or credit card: deleted on completion of payment.
  • Data stored on your device (e.g.: cookies), or any other element used to identify you, and allowing its traceability, as well as raw visitor data associated with an identifier: A maximum of 13 months.

Beyond this period, the Diane de Polignac Gallery may archive the Personal Data necessary for the exercise of a right and for evidence of this right, within the applicable period of limitation/time limit for foreclosure, at the end of which the Personal Data concerned shall be deleted.

3. SECURITY

The Diane de Polignac Gallery takes all necessary steps to protect the Personal Data that it processes. Your Data is processed electronically and/or manually and, in any case, in such a way that its security, protection and confidentiality are ensured in view of its level of sensitivity, via administrative, technical and physical measures to prevent loss, theft, unauthorised use, disclosure or modification.

“Electronic” Data is stored on a highly restricted network with limited access, located within the European Union, and with secure servers.

With regards to “paper-based” Data, such data is stored in the secure premises of the Diane de Polignac Gallery, or archived by an archiving service provider that provides all the security and confidentiality guarantees required for the protection of Personal Data.

4. YOUR RIGHTS

In accordance with Articles 15 to 22 of the General Data Protection Regulation of 27 April 2016 on the protection of natural persons with regard to the processing of data of a personal nature and on the free movement of such Data (2016/679) (“GDPR”), any natural person concerned able to prove his or her identity has a right of access, rectification, erasure, and objection, to portability of Personal Data concerning him or her and to restriction of processing, as well as to the fate of the same Data after death. These rights may be exercised by contacting the Diane de Polignac Gallery at 2 bis Rue de Gribeauval, 75007 PARIS or diane@dianedepolignac.com.

Any person whose Personal Data has been collected by the Diane de Polignac Gallery has the right to refer the matter to the Commission Nationale Informatique et Libertés (the CNIL, whose contact details are provided at https://www.cnil.fr/en/contact-cnil) in the event that Diane de Polignac Gallery has not responded to a request within one month of the said request. After notifying the person concerned, this period may be extended by two months, depending on the complexity and number of requests.

Similarly, if you no longer wish to receive communications from the Diane de Polignac Gallery or if you wish your Data to be deleted, please send an email to the following address: diane@dianedepolignac.com.

5. LINKS TO THIRD-PARTY WEBSITES

The Site may contain links to third-party websites, which are governed by their own privacy policies, cookie management policies, conditions of use and security measures, which may differ from those of Diane de Polignac Gallery.

The Diane de Polignac Gallery shall not be liable for the content and practices of these websites. As such, we recommend that you consult their privacy policies before sending them any information or data about yourself.

6. COOKIES
6.1 What is a cookie?

Cookies are text files that are stored and used to record personal and non-personal data concerning your navigation on the Site.

More specifically, cookies are deposited on the hard drive of your device (computer, tablet, smartphone or any other connected terminal equipment), by the server of the site, the application, the advertising or content that you are visiting or consulting, or by a third-party server.

Cookies allow their issuer to identify the device in which the cookies are deposited and to record information relating to the user’s browsing behaviour or preferences.

A cookie does not allow you to be identified directly but contains an identifier that will be associated with the content you consult. When you browse the Site, cookies may be installed on your device to provide you with and personalise the Services.

Cookies may be permanent (and remain in place after you log out of the Site in order to be used during your subsequent visits) or temporary (and disappear as soon as you log out of the Site).

6.2 Who are the cookies set by?

Cookies placed on your device by the Diane de Polignac Gallery on the Site

The Diane de Polignac Gallery is attentive to the needs and expectations of its customers, which is why it uses cookies. These cookies are an information log placed on your device (computer, tablet, smartphone or any other connected terminal equipment) by the Diane de Polignac Gallery, the purpose of which is, in particular, to simplify your browsing experience on the Site and to personalise the Services in order to improve your user experience.

In particular, the purposes of the cookies are as follows:

  • to identify you and provide access to your account;
  • to recognise your device, so that you don’t have to provide the same information multiple times to perform the same task;
  • to memorise the responses provided in a form;
  • to memorise the user’s preferences regarding the display of the Site;
  • to memorise your visits;
  • to manage your shopping basket and, in particular, to memorise the items in your basket before proceeding with your purchases.

Please note that if your browser is configured to decline cookies, you will not be able to take advantage of the essential functions of our Site. We advise you to be aware of the types of cookies you are declining and the consequences of them being declined.

Cookies set by third parties

When you visit the Site, one or more cookies from third-party companies (“third-party cookies”) may be placed on your device, in particular within the framework of Google Analytics services.

The purposes of these third-party cookies are:

  • to measure the audience (to learn about the use and performance of the Site and to improve the user experience);
  • to identify your areas of interest through the products consulted or purchased on the Site;
  • to collect browsing data in order to personalise the advertisements directed at you beyond the Site.

Within the framework of such an advertising partnership, the Diane de Polignac Gallery may be required to transmit Data concerning your purchases and products consulted on the Site to a partner.

For your information, the Diane de Polignac Gallery has no access to and cannot exercise any control over third-party cookies. We would like to inform you that you may decline third-party cookies under the conditions defined below.

6.3 Overview of the different cookies that may be placed on your device

Functional or strictly necessary cookies: These are cookies that are necessary for you to navigate the Site. They enable, for example, user session management after identification or secure access to personal accounts, and are essential to be able to use the main features of the Site such as, in particular, access to the various services on the Site. Consequently, they cannot be disabled. These cookies do not require your prior consent.

Analytical or audience-measurement cookies: These cookies enable the Diane de Polignac Gallery to assess the use and performance of its site and to improve the user experience, in particular by producing statistics on visitor traffic. They pertain, for example, to the most frequently visited pages, the searches made by Internet users, and the number of users using the services, thus making them easier to use and ensuring their capacity to respond quickly to your requests. More generally, these cookies help the Diane de Polignac Gallery to understand the way in which users interact with the services in order to improve them.

These cookies are not essential for navigation and can, therefore, be disabled.

Audience-measurement cookies on the Site are third-party cookies from Google Analytics (to find out more about Google Analytics’ privacy policy and cookie management policy, click here and here).

Within the framework of Personal Data collection via such third-party cookies, the Diane de Polignac Gallery may be required to transfer data outside of the European Union. The Diane de Polignac Gallery takes into account the consequences arising from the invalidation of the Privacy Shield in terms of liability.

6.4 Cookie retention period

The cookies are stored for a maximum period of 13 months.

6.5 How do you manage cookies?

There are various ways for you to manage cookies. You can choose to disable the use of cookies or to delete those that have already been installed on your computer, tablet or smartphone at any time, systematically and once and for all.

We remind you that these settings may modify your conditions of access to our services requiring the use of cookies.

Depending on the type of cookies you wish to disable, you can choose between several options:

Cookie management module

Most cookies can be disabled at any time using the cookie management module that the Diane de Polignac Gallery has made available to you to facilitate the application of your rights. This platform is available by clicking on the button “Customise choices” that can be accessed from the cookie information banner displayed on your first visit, and each time you click on the “Manage consent” button at the bottom right of the Site after having accepted or declined cookies.

Internet browser settings (for Internet Explorer, Firefox, Safari, Google Chrome)

For the browser Internet Explorer

For the browser Firefox

For the browser Safari

  • In your browser, go to Safari > Preferences.
  • Then select Privacy.
  • Click on Display Cookies.
  • Select the cookies you want and click on Delete or Delete All.

If you are using the browser Google Chrome

These parameters are specific to each Internet browser and may change. The Diane de Polignac Gallery shall in no way be liable for any error in the transcription of these parameters or for any modification of such parameters.

Management of third-party cookies

The third-party cookies used on the Site may be managed directly by the partners listed below:

Issuer Purpose
Google Analytics Audience measurement You may disable Google Analytics cookies by following the steps detailed here.

7. CHANGES TO THE TERMS OF THE PRIVACY POLICY

This Privacy Policy may change from time to time, particularly as a result of legislative and regulatory developments. In such an event, the changes will take effect on the date indicated at the top of this document. By continuing to use the Site and the Services after this date, you acknowledge acceptance of the modifications that have been made.

The Diane de Polignac Gallery recommends that you consult the Privacy Policy each time you use the Site, in order to remain informed of the practices in place with regard to data and of the means that you can use to protect your privacy.

8. CONTACT

For any information relating to this Privacy Policy, you can contact the Diane de Polignac Gallery at the following addresses:

  • Data controller: Diane de Polignac Gallery, 2 bis Rue de Gribeauval – 75007 Paris – Tel. + 33 (0) 1 83 06 79 90 – diane@dianedepolignac.com.

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