Privacy Policy
The FM Gallery website (the “Site”) is owned and operated by thefmgallery.com, This Privacy Policy describes how information, including Personal Information, is collected from you (including you and any person acting on your behalf or with your authorization, collectively “you”) and subsequently used, shared, secured and otherwise processed by The FM Gallery Ltd ., thefmgallery.com., and our affiliated companies (collectively, “thefmgallery.com”, “The FM Gallery”, “us”, “our”, or “we”).
Personal Information
is any information that enables us to identify you, directly or indirectly, such as your email address, name, shipping and billing address, telephone number, company name, credit card information, any form of identification number, or one or more factors specific to your physical, physiological, mental, economic, genetic, cultural or social identity.
Acknowledgement and Consent
By accessing this website and making use of our services you explicitly agree to the terms of this Privacy Policy and the User Agreement.
We are subject to the UK General Data Protection Regulation (UK GDPR). We are also subject to the EU General Data Protection Regulation (EU GDPR) in relation to goods and services we offer to individuals and in the European Economic Area (EEA).
Newsletters
If you sign up to receive Newsletters from thefmgallery.com we will use the information you give us to provide the service(s) you have requested. We may occasionally contact subscribers to help us evaluate and improve the service that we offer.
Types of Personal Data We Collect
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Types of Personal Data We Collect
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Examples of Personal Data We Collect | Categories of Third Parties With Whom We Share this Personal Data |
| Profile or Contact Data |
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| Payment Data |
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| Commercial Data |
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| Devices/IP Data |
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| Web Analytics |
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| Social Network Data |
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| Geolocation Data |
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Sources of Personal Data
We collect Personal Data about you from the following categories of sources:
Directly from You
We collect Personal Data about you when you provide information directly to us by doing any of the following:
- Creating an account or using our interactive tools and Services.
- Voluntarily providing information in free-form text boxes through the Services or through responses to surveys or questionnaires.
- Sending us an email or otherwise contact us.
- Applying for a job with us.
Integration of external service providers
We work together with external service providers that support us in carrying out the online or offline steps necessary to execution of our service. We only transfer personal data to third parties insofar as it is permissible by law (i.e. in order to execution our service on the website, in accordance with Art. 6 (1) b. GDPR) or with your given consent (in accordance with Art. 6 (1) a. GDPR) or if you instruct us to do so.
This relates for example to the transmission of data to our shipping service provider(s). Moreover, as part of our affiliate program, we may share information with our affiliate partners who use the information on our behalf for marketing purposes and to improve our services. These affiliate partners process the data exclusively within the EU and in compliance with the relevant legal bases. Among other things, the affiliate partners receive the customer’s ID.
Processing in other countries
Data may be transferred outside the UK when visiting or using the website – this is the case for the services of Google, Facebook or Twitter, as described in the section “Social Plugins”. The US companies offering Google, Facebook and Twitter services are each certified under the UK-US Privacy Shield agreement and thus guarantee compliance with UK data protection regulations.
Furthermore, your data will be processed by Site gear Email Marketing , Mailchimp, located outside the UK, when you sign up for the newsletter.
Data may be transferred outside the UK when visiting or using the website. This is the case for example with the services of the payment service provider Stripe, Inc. 185 Berry Street, Suite 550, San Francisco, CA 94107, USA. Stripe processes payment data in order to process payments on the website. Stripe, Inc. is certified according to the UK-US Privacy Shield agreement and thus guarantees compliance with data protection regulations in the UK. For more information about Stripe please refer to https://stripe.com/de/privacy
Integration of third-party services and content
Google Analytics
We use Google Analytics, a web analysis service of Google Inc, Mountain View, CA 94043, USA (“Google”). Google Analytics uses “cookies”, which are text files placed on the users’ device to help the website analyse how they use the site. The cookie generates information such as browser type/version; operating system used; referrer URL (page previously visited); host name of the accessing computer (IP address); time of the server request when using the website. This information is usually transmitted to a Google server in the USA and stored there, but given that IP anonymization is activated on The FM Gallery website, our users’ IP addresses will be previously abbreviated within UK to the Agreement on the UK. This means that the full IP address will not be transmitted to a Google server in the USA and shortened there. IP anonymization is activated on the The FM Gallery website. On behalf of the operator of this website Google will use this information to evaluate your usage of the website, to create reports on website activities and to provide other services related to website and internet usage to the website operator. The IP address transmitted by your browser within the context of Google Analytics will not be combined with any other data held by Google.
By using appropriate settings you can prevent the storage of cookies in your browser. In this case however we would like to point out that you might not be able to fully use all functions of the The FM Gallery website(s). It is also possible to prevent the collection of data generated by the cookie and related to the usage of the website to Google as well as the processing of these data by Google by downloading and installing the browser plugin available here: http://tools.google.com/dlpage/gaoptout?hl=de
For more information please refer to Google’s privacy policy: http://www.google.de/policies/privacy/.
Social plugins
Our website also contains social plugins which are used to connect the website to the following social networks: Facebook, Twitter and Pinterest.
By default these social plugins are not activated and therefore no data gets transferred. If for example a user wants to share content that is on The FM Gallery website to one of these social networks, they must click on the corresponding button on The FM Gallery website. If the user is logged in to their user profile in that social network, it is only after a second click on that button, e.g. the “share” function, that their visit of The FM Gallery website will be put in relation to their user account on the given social network.
The user may deactivate this function at any time and manage it within The FM Gallery website by going to “Settings”. If the user does not want any data about their visit to The FM Gallery website to be collected by the social networks, they should log out of these social networks before visiting The FM Gallery website. However, if they activate the relevant social media buttons by clicking, cookies will still be generated that identify each visit to The FM Gallery website. This function may therefore collect data and create a profile which may then be traced back to a specific natural person (please refer to the point “profiling” above). If you do not wish this to happen, just visit The FM Gallery website and click on the correct option to disable the function. Or you can set your browser to never accept any cookies; however, we would like to point out that in this case the functionality of The FM Gallery website can be limited.
Our website(s) and services use the social plugin for the social network Facebook, at facebook.com, by Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”).
Facebook’s privacy policy can be found at https://de- en.facebook.com/about/privacy/.
Our website(s) and services use the social plugin for the social network Twitter, at twitter.com, by Twitter Inc. 795 Folsom St., Suite 600, San Francisco, CA 94107, USA (“Twitter”).
Twitter’s privacy policy can be found at https://twitter.com/privacy
Our website(s) and services use the social plugin for the services of Pinterest Inc, 808 Brannan Street, San Francisco, CA 94103, USA, and Palmerston House, 2nd Floor, Fenian Street, Dublin 2, Ireland (“Pinterest”).
Pinterest’s privacy policy can be found at https://policy.pinterest.com/de/privacy-policy
Facebook conversion pixels
We use the “Custom Audience pixel” of Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”) on our website. With its help, we can keep track of what users do after they see or click on a Facebook advertisement. This enables us to monitor the effectiveness of Facebook ads for purposes of statistics and market research. Data collected in this way is anonymous to us, which means we cannot see the personal data of individual users. However, this data is saved and processed by Facebook. Facebook can connect this data with your Facebook account and use it for its own advertising purposes, in accordance with Facebook’s Data Policy which can be found at https://www.facebook.com/about/privacy/. You can allow Facebook and its partners to place ads on and outside of Facebook. A cookie can also be saved on your device for these purposes.
Please click here if you would like to withdraw your consent https://www.facebook.com/settings/?tab=ads#_=_
Right of access to stored personal data
Every user has a right to access the personal data stored about their person at any time and free of charge.
This right of access to stored personal data includes the right to know whether personal data concerning the data subject is being processed and, if so, the following related information:
purpose(s) of data processing; categories of personal data being processed; recipient(s) or categories of recipient(s) who the personal data has been disclosed to or is currently being disclosed to, especially in the case of recipients established in third countries or international organisations;
if possible the planned duration that personal data is to be stored for, or, if this is not possible to tell, the criteria that determine this duration;
the existence of a right of correction or deletion of the user’s personal data or restrictions of processing by the party responsible or of a right of opposition to such processing; the existence of a right to lodge complaints with a regulatory authority;
if the personal data is not collected from the data subject themselves, all available information about the data’s origin; the existence of automated decision-making including profiling (according to GDPR) and – at least in these cases – relevant information about the applied logic as well as the scope and the intended effects of such processing for the data subject.
The right of access to stored personal data does not exist if the data is only stored because it may not be deleted by reason of statutory, constitutional and contractual regulations on retention and for data backup and data protection control, and if therefore the provision of information would require disproportionate effort, and if appropriate technical and organizational measures preclude processing of personal data for further purposes.
Revocation
The user has the right to revoke their consent regarding the use, processing or transmission of their data at any time. To this end the user can contact us at privacy@thefmgallery.com
In the case of the withdrawal of your consent for the storing, processing and use of your personal data, we will immediately delete all of your saved data. This does not apply if compelling legitimate grounds are given for processing that outweigh your interests, fundamental rights and fundamental freedoms or if data processing is required to establish, exercise or defend legal claims.
We will therefore continue to use this data, for example, if it is still necessary for the implementation of the contractual relationship, for example.
Rectification and integration of data
You have the right to have any inaccurate personal data immediately corrected. You have the right to request the rectification of your personal data (for example by submitting an explanation about the inaccuracy of the data) in view of the given processing purposes. For this purpose please contact privacy@thefmgallery.com
Erasure (“Right to be forgotten”)
You have the right to demand that we delete your personal data immediately. For this, please contact privacy@thefmgallery.com
Your personal data will be deleted immediately in the following cases:
if we no longer need your personal data for the purposes for which they were initially collected or otherwise processed;
if you revoke your consent that formed the basis for the processing, and there is no other legal basis for processing;
if you object to the processing and there are no proper overriding legitimate reasons for processing;
if the personal data has been unlawfully collected.
if the deletion of the personal data is required to fulfil a legal obligation under UK law or the law of the Member States to which we are subject;
if the personal data relating to information society services offered directly was collected from a child under 16 years of age without parental consent.
When a customer account is deleted, their data that had been stored in the internal database is also deleted, except if data processing is required to establish, exercise or defend legal claims, such as fulfilment of contractual obligations with The FM Gallery or if legal retention periods prevent deletion.
Data will not be deleted if processing of the data is necessary (i) to perform a legal obligation in the public interest or in the exercise of official authority that we have been vested in; (ii) to exercise the right to free speech and information; (iii) on grounds of public interest in the field of public health; or (iv) for archival purposes in the public interest, for scientific or historical research purposes or for statistical purposes, if the right to deletion presents a serious obstacle to reaching the objectives of this processing or makes it.
In the case of non-automated data processing, data need not be deleted if it this would require disproportionate effort or if it is impossible, and if your interest in deleting is seen as small. In this case, data processing will be restricted instead of the data erased.
Moreover, we will restrict data processing rather than delete the data as long and as far as we have reason to believe that erasure would adversely affect legitimate interests of the data subject. We will inform the data subject of the restriction of processing if doing so is not impossible or would not involve a disproportionate effort.
Right to restriction of processing
You have the right to request us to restrict the processing of your personal data if one of the following conditions is met: (i) The accuracy of the personal data is disputed by you for a period that enables us to verify the accuracy of the personal data; (ii) The processing is unlawful, you refuse to delete the personal data and instead demand a restriction on the use of the personal data; (iii) We no longer need the personal data for the purposes of processing, you need the data to assert, exercise or defend legal claims; or (iv) You have filed an objection against the processing and it is not yet clear whether the legitimate reasons of our company outweigh your legitimate reasons for the objection. If the above conditions are met and you wish to have your personal data stored by us restricted, you can contact us at privacy@thefmgallery.com at any time. We will then arrange for processing to be restricted. If you have been confirmed that the processing of your personal data is restricted, we will inform you in advance if we lift this restriction again.
Instead of personal data being deleted, its processing may be restricted. Please refer to the previous section for more details.
Right to data portability
You have the right to receive your personal data (that you have provided to us) in a structured, commonly used and machine-readable format. For this, please contact us at privacy@thefmgallery.com
You also have the right to transmit those data to another controller without hindrance from us (who was provided with the personal data), provided that the processing is based on consent or on a contract to which the data subject is a party and provided that the processing is carried out by automated means.
In exercising your right to data portability, you have the right to have the personal data transmitted directly from one controller to another, where technically feasible.
This right shall apply if it adversely affects the rights and freedoms of others, or if processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Data security
In order to ensure the best possible standard of protection for your personal data, The FM Gallery website offers a secure SSL connection between the user’s server and the browser, i.e. the data is transmitted securely using encryption.
When using our website and services, user data are stored on servers within the Europe. We use the server provider Site gear, which processes the data on our behalf.
It should be specifically noted that with current technology the security of data transmission via open networks such as the internet cannot be fully guaranteed. You are aware of the fact that, from a technical point of view, the provider can at any time view the pages stored on the web server and other stored data that concerns you. You are fully responsible for ensuring that the data that you transmit through the Internet and store on web servers are protected and secure. We are not liable for disclosure of personal information due to errors in transmission and/or unauthorized access by third parties.
Availability and validity of privacy statement; modifications
You can view, download and print out this privacy statement at any time on our website at https://thefmgallery.com/privacy-center/privacy-policy/
We have the right to modify this privacy statement in compliance with the relevant regulations.
Responsible party for data protection; contact
Please contact us by email at privacy@thefmgallery.com if you have any questions about data protection.