Privacy Policy
Updated on 01.27.2022
Article 1 – Purpose
The purpose of the present privacy policy (the “Privacy Policy “) is to inform the Collectors and Visitors of the Company's practices regarding (i) the collection, use and sharing of their Personal Data (the “Processing “) and (ii) the use of cookies.
Article 2 – Definitions
The following terms, when beginning with an upper-case letter, shall have the following meanings:
Accountmeans the account created in the Collector’s name after his registration on the Site, enabling him to access to his Personal Space and to use the Services.Article(s)means the articles of the present Privacy Policy.Collector(s)means any collector of works of art (individual or legal entity, professional or non-professional), which creates an account to access to his Personal Space and to use the Services.Companymeans DANAE, the French société par actions simplifiée, registered with the Paris Registry of Trade and Companies under the no. 813 654 845.Contact Formmeans the form published on the Site which can be filled in by any Visitor (i) to contact the Company and/or to be contacted by the Company or (ii) to subscribe to the Newsletter.Dataincludes Personal Data, Connection Data and Internet Browsing Data.General Conditions of Usemeans the general terms and conditions of use of the Site, which are accessible through the [link/tab] “Terms of Use”.Loi Informatique et Libertésmeans the French law n°78-17 of January 6, 1978 relating in particular to personal data protection.Personal Datameans all the information that identifies a Collector or a Visitor, which is collected upon creation of an Account or upon sending of the Contact Form.Personal Spacemeans the space to which the Collector may have access at any time through his Account, after identifying himself through his user identification and password.Privacy Policymeans the privacy policy of the Company regarding the Personal Data, which is accessible on the Site through the link “Privacy Policy”.Processingmeans the collection, use and sharing of Collector’s and Visitor’s Personal Data.Service(s)means a service provided by the Company on its Site as described in the General Conditions of Use.Sitemeans the Company’s website, namely: www.marketplace.danae.io.Service(s)means a service provided by the Company on its Site as described in the General Conditions of Use.Visitor(s)means any individual or legal entity, professional or non-professional, who browses the SiteArticle 3 – Processing of data
3.1. Processing policy of data
By browsing on the Site, the Collector or Visitor authorizes the Company to process his connection and internet browsing data accordance with the Privacy Policy.
When creating an Account or submitting a Contact Form, the Collector or the Visitor authorizes the Company to process his Personal Data in accordance with the Privacy Policy and, where applicable, in compliance with the Company’s General Conditions of Use.
3.1.1. Processing and nature of Data
3.1.1.1. Personal Data
By creating an Account or submitting a Contact Form, the Collectors or the Visitors provide voluntarily their Personal Data to the Company.
The information which is marked as “required” is mandatory. If the Collector or the Visitor refuses to provide this information, he will not be able to access and/or use all or part of the Services.
The other information that is not mandatory is voluntarily provided by the Collector or the Visitor when completing any “free text“ fields of a form in the context of his relations with the Company. By providing this non-mandatory information, the Collector or the Visitor consents to its processing by the Company. At any time, the Collector or the Visitor may withdraw his consent to the processing of non-mandatory information, without this affecting the legality of the processing carried out on the basis of the consent until such time as it is revoked. To exercise this right, the Collector or the Visitor should contact the Company directly by sending an e-mail to the address mentioned in Article 7.
In addition, as provided for in Article 5.1 of the General Conditions of Use, if the Collector is registered on one of the third party sites proposed on the Site and uses his log in credentials to said third party sites to register on the Site, the Collector authorizes the Company to access the data on his account on the third party site.
The data (including Personal Data) that the Company collects from any Collector or Visitor may include:
- -the first and last names of the Collector or the Visitor;
- -if applicable, the name of the company or the institution to which the Collector or the Visitor belongs;
- -the e-mail address(es) of the Collector or the Visitor;
- -the Collector's login and password;
- -the contact telephone number(s) of the Collector or, if applicable, the Visitor;
- -public crypto wallet keys;
- -delivery and billing addresses;
3.1.1.2. Connection Data
Each time the Collector or the Visitor browses on the Site, the Company collects information, in particular, the IP address and MAC address of the Collector’s or the Visitor's computer, the date and time of connection and information about the browser that is used.
3.1.1.3 Internet browsing data
The Company collects information enabling to identify how the Collector or the Visitor accesses the Site, the pages consulted and the duration of the consultation. In this context, the Company may use cookies as specified in Article 4.
3.1.2. Responsible for the processing of Personal Data
The responsible for the processing of Personal Data is the Company.
3.1.3. Purpose of processing Personal Data
The Company may use Personal Data, the Connection Data and Internet Browsing Data for the following purposes:
- -to communicate and respond to requests and inquiries’ Collectors or Visitors to the Company;
- -to create and administer an Account and to deliver functionality on the Site and for their technical and functional management;
- -to engage in transactions with the Company and Collectors and to execute the Services;
- -to administer subscriptions of Newsletters
- -to analyze, develop, improve and optimize the use, function and performance of the Site and Services;
- -to use the Personal Data in order to establish general statistics on the traffic of the Site and the various sections it contains, for study and analysis purposes;
- -to manage the security and operation of the Site, facilities, and networks and systems;
- -to market Services or related Services, and to tailor the marketing and sales activities to Visitors or Collectors’ interests; and
- -to comply with applicable laws and regulations and to operate our business.
In addition, by creating an Account, Collectors authorize to be contacted by other Collectors in the framework of matchmaking.
3.1.4. Basis for processing Data
Depending on the circumstance, the Company may rely on:
- -the Collector or Visitor’s consent;
- -the fact that the processing is necessary to fulfill a contract with Collectors and execute Services;
- -the Company’s legitimate interest in processing contact and related information about Visitors or Collectors (in order to communicate adequately and to respond to requests, to analyze, develop, improve and optimize our sites, facilities, products and services, and to maintain the security of our sites, networks and systems, etc.)
- -to comply with law.
3.1.5. Sharing of Personal Data by the Company
By providing his Data to the Company,
- -Collectors acknowledge and accept that :
- the Company makes all or part of Personal Data available to other Collectors;
- the Company shares their Personal Data with external service providers who provide a service to the Company (accountant, payment service provider, bank, etc.); and
- -Collectors and Visitors acknowledge and accept that the Company communicates its Personal Data to third parties:
- exclusively for study and analysis purposes, in particular to market research firms or survey institutes,; and
- in the event of a reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).
The Company undertakes not to shares, for commercial purposes and without the prior authorization of the Collector or the Visitor concerned, the Personal Data collected from the Company.
3.1.6. Retaining of Personal Data
The Company retains personal data only for so long as necessary to fulfill the purposes for which it was collected or as required by law.
The retention periods will vary depending on the type of data involved, but, generally, we'll refer to these criteria in order to determine retention period:
- -whether the Company has a legal or contractual need to retain the data;
- -whether the data is necessary to provide Services. Artwork.
- -whether Collectors have the ability to access and delete the data within their Accounts;
- -whether Collectors would reasonably expect that we would retain the data until they remove it or until their Accounts are closed or terminated.
When the Company has no ongoing legitimate business need to process your Personal Data, it will either delete or anonymize it or, if this is not possible (for example, because your Personal Data has been stored in backup archives), then the Company will securely store your Personal Data and isolate it from any further processing until deletion is possible.
For example, the Company maintains personal information for the following retention periods:
- -Information about Collectors that the Company collects to engage in transactions and execute Services, will be retained for the duration of the transaction or services period, or longer as necessary for record retention and legal compliance purposes;
- -Information about Collectors that the Company collects to create an Account will be retained for as long as you maintain an active Account, it being specified that after service termination, minimal account information will be held for records retention purposes;
- -Information about Collectors that the Company collects to send Newsletters, will be retained for as long as you are subscribed to our distribution lists, it being specified that the Company retains records of that deletion for 30 days.
3.2. RIGHTS OF THE COLLECTOR OR THE VISITOR ON HIS PERSONAL DATA
3.2.1. Right of opposition, access, portability, rectification, limitation and deletion
In accordance with the provisions of articles 49 to 51, 53, 55 and 56 of the French “Loi Informatique et Libertés“, the Collector or Visitor (if applicable) has the right, at any time, to:
- -object the Processing of Personal Data for direct marketing purposes in the future by the Company, without having to justify this opposition (right of opposition);
- -request the access to his Personal Data processed in the context of the Services provided by the Company (right of access);
- -request the rectification of inaccurate Personal Data and given the purposes of the processing, the completion of incomplete Personal Data (right of rectification);
- -request the deletion of his Personal Data for legitimate reasons (right of deletion);
- -request the limitation of the processing of his Personal Data (right to limitation of processing);
- -if the legal requirements are met, receive the Personal Data provided to the Company in a readable format and transmit this Personal Data to another person (right to portability of processing).
The Collector or the Visitor who has filled in a non-mandatory information field in a form on the Site and/or provided the Company with Personal Data outside the framework of the Site (Article 3.1.1) have the right, at any time, to withdraw their consent to the processing of their Personal Data without this revocation affecting the processing previously carried out.
3.2.2. Methods of exercising rights by the Collector or the Visitor
To exercise his rights mentioned in article 3.2.1 or if it has any complaint regarding the compliance of the Company with the Privacy Policy, the Collector or the Visitor shall send a simple letter or an e-mail to the Company at the addresses mentioned in Article 7, by proving his identity (mention his name, first name(s), e-mail address(es) and attach a copy of his identity card).
In case of difficulties, unsatisfactory response or no response from the Company within one (1) month (or three (3) months if the request or complaint is particularly complex or requires investigations) from the date of the request or the complaint, the Collector or the Visitor has the right to file a complaint with the French data protection authority, namely the “Commission nationale de l'informatique et des libertés“ (France).
3.2.2. Methods of exercising rights by the Collector or the Visitor
To exercise his rights mentioned in article 3.2.1 or if it has any complaint regarding the compliance of the Company with the Privacy Policy, the Collector or the Visitor shall send a simple letter or an e-mail to the Company at the addresses mentioned in Article 7, by proving his identity (mention his name, first name(s), e-mail address(es) and attach a copy of his identity card).
In case of difficulties, unsatisfactory response or no response from the Company within one (1) month (or three (3) months if the request or complaint is particularly complex or requires investigations) from the date of the request or the complaint, the Collector or the Visitor has the right to file a complaint with the French data protection authority, namely the “Commission nationale de l'informatique et des libertés“ (France).
3.3. Security and archiving of the collector's or the visitor's personal data
The Company processes the Personal Data of each Collector or Visitor with the utmost confidentiality, and in compliance with the provisions of the Loi Informatique et Libertés and the European General Data Protection Regulation no. 2016/679 of April 27, 2016. The Company undertakes to take all measures reasonably necessary for the security and protection of the Personal Data processed by it.
Article 4 – Cookies and similar technologies
The Company uses cookies and similar technologies (e.g., pixels tags and device identifiers) on the Site.
These cookies do not authorize the Company to identify the Collector or the Visitor personally.
When browsing the Site, these cookies and similar technologies may be recorded on the browsers of the support used by the Collector or the Visitor (computer, tablet and/or smartphone).
As long as the Collector or the Visitor has not given his consent to the recording of non-necessary cookies (by continuing to browse the Site without giving his consent or by closing the consent form), only necessary cookies can be recorded on his terminal.
“Necessary cookies“ are (i) those that are strictly necessary for the provision of an online communication Service expressly requested by the Collector or the Visitor and (ii) those that facilitate the transmission of the communication by electronic means.
At any time (including prior to the Company placing cookies on the browser), by browsing the Site, the Collector or the Visitor may accept or refuse the use of non-essential cookies and change his preferences.
The Collector or the Visitor can oppose the recording of the essential and non-essential cookies by configuring the Internet browser settings on his computer, tablet and/or smartphone (it being specified that if the Collector or the Visitor opposes the recording of the essential cookies, this may have negative effects on the functioning of the Site).
Non-necessary cookies that are accepted by the Collector or the Visitor and necessary cookies are recorded on the Collector's or Visitor’s computer, tablet and/or smartphone for no longer than twelve (12) months.
Article 5 – Hypertext links to third-party sites
When interacting with the Site, the Collector or the Visitor also have the ability to link or connect with third-party websites, social networks, applications or other services. In this case, Data may be processed by other parties than the Company. The Company does not have any control over these other parties and invites the Collector or Visitor to read their General Conditions of Use and their policy on the processing of personal data. The Company declines all responsibility for the processing of personal data collected by these third party websites.
Article 6 – Duration - Enforceability - Modifications
The Privacy Policy is enforceable against Collectors and Visitors.
The Company reserves the right to unilaterally modify the content of the Privacy Policy at any time and from time to time, to provide updated information on how the Company processes personal data.
The most recent version of the Privacy Policy is reflected by the date mentioned at the top of the Privacy Policy.
The modifications will be enforceable against Collectors and Visitors as soon as they are notified by e-mail to the e-mail address indicated to the Company during the creation of the Account or the filling in of the Contact Form, at least ten (10) days before they are put online.
If the Collector or the Visitor fails to exercise the rights referred to in Article 3.2, he shall be deemed to have accepted the updated Privacy Policy.
The Privacy Policy is enforceable against Collectors and Visitors.
Article 7 – Contacts
The Collector or the Visitor may contact the Company at the following addresses:
- -by e-mail: contact@danae.io ;
- -by post : 17 rue du Bouloi – 75001 PARIS.