Legal Notice

 

I. GENERAL INFORMATION

The ownership of the website www.philippeshangti.com (hereinafter, “the Website”), is held by the Andorran company SHANGTI STUDIO, SLU (hereinafter, “the Owner of the Website”) , a company incorporated on 1 st December 2016 by deed of me ROSA MARIA Ferrandiz Esteve under the number 2453 and its Protocol on the register of companies Andorra December 2, 2016 under the number 16772 and whose registered office is at Av. del Ravell, Nau 4 – Planta 1 – Local 1, AD400 La Massana – PRINCIPALITY OF ANDORRA , and duly represented by Philippe ALBRECHT in his capacity as sole Director.

II. ACCESS AND NAVIGATION ON THE WEBSITE: EXCLUSION OF GUARANTEES AND LIABILITY

The Website Owner does not guarantee the continuity, availability and usefulness of the Website, or the content and will do their best to ensure that it functions properly, but will not assume any responsibility or grant any guarantee that access to the Website will not be interrupted or present errors in the provision of content on the Website.

The Website Owner will not be responsible for and does not guarantee that the content accessible through the Website is free of errors or will not damage the computer system (software and hardware) of the user (hereinafter “the User”). In any event, it will not be liable for any loss, damage or injury of any kind resulting from accessing, browsing and using the Website, including, but not limited to, those caused by computer systems or those caused by the introduction of computer viruses.

The Website Owner is not responsible for any damage that may be caused to Users by improper use of the Website. In particular, it is in no way responsible for problems relating to telecommunications services, interruptions or breakdowns that may occur.

III. CONFIDENTIALITY POLICY AND PERSONAL DATA PROTECTION

The Website Owner undertakes to take the necessary technical and organizational measures according to the level of security adapted to the risk of the data collected.

Laws incorporating this privacy policy

This privacy policy is adapted to the Andorran and European laws and regulations in force concerning the protection of personal data on the Internet. More specifically, it respects the following texts and provisions:

  • Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD)
  • Andorran Law 15/2003, of December 18, qualified as “the protection of personal data”.

Identity of the person responsible for processing personal data

Responsible for the processing of personal data collected through the Website is the Andorran company “SHANGTI STUDIO, SLU” (ie the Website Owner).

Address: Av. Del Ravell, Nau 4 – Planta 1 – Local 1, AD400 La Massana – PRINCIPALITY OF ANDORRA

Telephone: + 376 727 785

Email: contact@philippeshangti.com

Personal data register

In accordance with the provisions of the GDPR and the Andorran Law of Personal Data Protection, we inform you that the personal data collected by the Website Owner through the forms on the Website will be incorporated and will be processed in our files to be able to facilitate, rationalize and respect the commitments established between the Site Owner and the User or the maintenance of the relationship established in the forms that he fills out, or to respond to a request thereof. Likewise, in accordance with the provisions of the GDPR and Andorran law, unless the exception provided for in article 30.5 of the GDPR is applicable, a register of processing activities is kept which specifies, according to its purposes, the activities processing carried out and the other circumstances established in the GDPR Regulation.

Principles applicable to the processing of personal data

The processing of the User’s personal data will be subject, depending on his place of residence, to the following principles set out in Article 5 of the GDPR or to the principles set out in the Andorran Law on the protection of personal data:

  • Principle of legality, loyalty and transparency: the User’s consent will be required at all times, with fully transparent information on the purposes for which personal data is collected.
  • Principle of objective limitation: personal data will be collected for specific, explicit and legitimate purposes.
  • Principle of data minimization: the personal data collected will only be those strictly necessary for the purposes for which they are processed.
  • Principle of accuracy: personal data must be accurate and up to date.
  • Principle of limitation of the retention period: personal data will only be kept in such a way as to allow the identification of the User for the time necessary for the purposes of processing.
  • Principle of integrity and confidentiality: personal data will be treated in such a way as to guarantee their security and confidentiality.
  • Principle of proactive responsibility: the data controller will be responsible for ensuring that the above principles are duly observed.

Categories of personal data

The categories of personal data processed on the Website are only identification data. Under no circumstances will special categories of personal data be processed within the meaning of Article 9 of the GDPR.

Legal basis for processing personal data

The legal basis for processing personal data is consent. The Website Owner undertakes to obtain the express and verifiable consent of the User for the processing of his personal data for one or more specific purposes.

The User has the right to withdraw his consent at any time. It will be as easy to withdraw consent as to provide such consent. As a general rule, the withdrawal of consent will not condition the use of the Website.

In cases where the User must or can provide their data through forms to request information or for reasons related to the content of the Website, the latter will be informed of the mandatory nature of providing such personal data.

Purposes of the processing for which the personal data are intended.

Personal data is collected and managed by the Site Owner in order to facilitate, streamline and fulfill the commitments established between the Web Site and the User or to maintain the relationship established in the forms that the latter fulfills or to respond to a request or request. request.

Likewise, the data may be used for commercial purposes of personalization, exploitation and statistics, and activities corresponding to the social objective of the Owner of the Website, as well as for the extraction, storage of data and marketing studies to adapt the Content and Services offered to the User, as well as to improve the quality, operation and navigation of the Website.

At the time the personal data is obtained, the User will be informed of the specific purpose (s) of the processing for which the personal data will be used; that is, the use or uses that will be given to the information collected.

Retention periods for personal data

Personal data will only be kept for the minimum time necessary for the purposes of their processing and, in any event, until the User requests their deletion.

When obtaining personal data, the User will be informed of the retention period for personal data or, when this is not possible, of the criteria used to determine this period.

Recipients of personal data

The User’s personal data will not be shared with third parties.

In any event, when obtaining personal data, the User will be informed of the recipients or categories of recipients of the personal data.

Secrecy and security of personal data.

The Website Owner undertakes to take the necessary technical and organizational measures, depending on the level of security appropriate to the risk of the data collected, in order to guarantee the security of personal data and to avoid accidental destruction, loss or alteration. or unlawful personal data transmitted, stored or otherwise processed, or unauthorized communication or access to such data.

The Website has an SSL (Secure Socket Layer) certificate which guarantees that personal data is transmitted in a secure and confidential manner and fully encrypted.

However, because the Website Owner cannot guarantee the total absence of hackers or other persons who fraudulently access personal data, the Data Controller undertakes to communicate to the User, where appropriate, without undue delay, a breach of the security of his personal data likely to pose a high risk to the rights and freedoms of individuals. In accordance with the provisions of Article 4 of the GDPR, a personal data security breach is understood as a security breach which causes the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or processed. , or the unauthorized communication or access to this data.

Personal data will be treated confidentially by the Data Controller, who undertakes to inform and guarantee by a legal or contractual obligation that said confidentiality is respected by his employees, associates and any person who has access to the information.

Rights derived from the processing of personal data

The User, depending on his place of residence, may exercise before the Data Controller the following rights recognized in the GDPR or those set out by Andorran Law on the protection of personal data:

  • Right of access: right of the User to obtain confirmation whether or not the Website Owner is processing their personal data and, if so, to obtain information about their specific personal data and the treatment that the Owner of the Website has produced or is making, as well as, among other things, the information available on the origin of said data and the recipients of communications made or envisaged.
  • Right of rectification: right of the User to modify his personal data which may be inaccurate or, taking into account the purposes of the processing, incomplete.
  • Right of deletion: right of the User, as long as current legislation does not provide otherwise, to obtain the deletion of his personal data when they are no longer necessary for the purposes for which they were collected or processed and in particular in the following cases: the User has withdrawn his consent to the processing; the User opposes the processing and there is no other legitimate reason to continue it; the personal data has been processed unlawfully; or the personal data must be deleted in accordance with a legal obligation.
  • Right to limit processing: the User’s right to limit the processing of their personal data. The User has the right to obtain the limitation of the processing in the following cases: when he disputes the accuracy of his personal data; the processing is illegal; the data controller no longer needs the personal data, but the User needs them to make complaints; and when the User has objected to the processing.
  • Right to data portability: in the event that the processing is carried out by automated means, the User will have the right to receive from the Data Controller his personal data in a structured format, for common use and mechanical reading, and to transmit them to another person in charge of processing. Whenever technically possible, the controller will transfer the data directly to the other responsible person.
  • Right of opposition: right of the User that the processing of his personal data is not carried out or that the processing of his data by the Owner of the Website ceases.
  • Right not to be subject to a decision based solely on automated processing, including the development of profiles: the User’s right not to be subject to an individualized decision based solely on the automated processing of his personal data, including the development of profiles, unless otherwise provided by applicable law.

Consequently, the User can exercise his rights by means of a written communication addressed to the Data Controller specifying:

  • Name and first name of the User and a photocopy of his identity card. In cases where legal representation is required, a photocopy of the identity card of the legal representative, as well as the document proving said representation, will also be required. The photocopy of the identity document may be replaced by any other legal means making it possible to prove the identity of the User.
  • Specific reasons for the request.
  • Address for notification purposes.
  • Date and signature of the applicant.
  • Any document proving the request made.

This request and any other attached document can be sent to the company SHANGTI STUDIO, SLU at the following address and / or email:

Address: Av. Del Ravell, Nau 4 – Planta 1 – Local 1, AD400 La Massana – PRINCIPALITY OF ANDORRA

Telephone: + 376 727 785

Email: contact@philippeshangti.com

Links to third party sites

The Website may include hyperlinks or links that provide access to third party web pages. The owners of these websites will have their own data protection policies, being responsible for their own files and their own privacy practices.

Complaints before the supervisory authority

In the event that the User considers that there is a problem or a violation of the laws and regulations in force in the processing of his personal data, he will be entitled to effective judicial supervision and the right to file a complaint with a supervisory authority, in the State where it has its habitual residence, its place of work or the place of the alleged infringement. In the case of Andorra, the supervisory authority is “Agència Andorrana de Protecció de Dades”.

Acceptance and modifications of this privacy policy

The User must have read and respect the personal data protection conditions contained in this Privacy Policy, as well as accept the processing of his personal data so that the Data Controller can process them under the form, during the periods and for the purposes indicated. Use of the Website will imply acceptance of this privacy policy.

The Website Owner reserves the right to modify its privacy policy in accordance with its own criteria or motivated by a legislative, jurisprudential or doctrinal change of the “Agència Andorrana de Protecció de Dades”. Changes or updates to this Privacy Policy will be explicitly notified to the User.

IV. COOKIES POLICY

Access to this website may involve the use of cookies. Cookies are small amounts of information stored in the browser used by each User – on the different devices that they can use to browse – so that the server remembers certain information that will not be read by the server that put it. implemented. Cookies facilitate navigation, make it more user-friendly and do not damage the navigation device.

Information collected through cookies may include the date and time of visits to the Website, pages viewed, time spent on the Website and sites visited just before and after. However, no cookie allows him to contact the User’s telephone number or any other means of personal contact. No cookie can extract information from a user’s hard drive or steal personal information. The only way that the User’s private information is part of the cookie is that the User personally gives this information to the server.

Cookies that identify a person are considered personal data. Therefore, the privacy policy described above will apply to them. In this sense, the User’s consent will be necessary for their use. This consent will be communicated, on the basis of an authentic choice, given expressly before any processing.

Own cookies

These are cookies that are sent to the user’s computer or device and are managed exclusively by the Website Owner for the better functioning of the Website. The information collected is used to improve the quality of the Website and its Content and Service and its experience as a User. These cookies allow the User to be recognized as a recurring visitor to the Website and to adapt the content to offer content in accordance with his preferences.

Disable, refuse and delete cookies

The User can deactivate, refuse and delete cookies – in whole or in part – installed on his device via the settings of his browser (which include, for example, Chrome, Firefox, Safari, Explorer). In this sense, the procedures for refusing and deleting cookies may differ from one Internet browser to another. Consequently, the User must follow the instructions provided by the Internet browser he uses. In the event that he refuses the use of cookies – in whole or in part – he may continue to use the Website, but he may be restricted from using certain features of the Website.

Changes in the cookies policy

The Website’s cookie policy may change or be updated. For this reason, the User is recommended to review this policy each time they access the Website in order to be properly informed of the way and the reasons for which we use cookies.

V. INTERNET LINKS POLICY

It is reported that the Website makes or may make available to Users links (such as, among others, links, banners, buttons), directories and search engines that allow Users to access Websites owned and / or managed by third parties.

The installation of these links, directories and search engines on the Website is intended to facilitate the search for and access to the information available on the Internet, without being considered as a suggestion, recommendation or invitation to such a visit.

The Website Owner does not offer or market by itself, or through third parties, the products and / or services available on these linked sites.

Likewise, it will not guarantee the technical availability, accuracy, veracity, validity or legality of third party websites.

The Website Owner in no way reviews or controls the content of other websites, nor approves, reviews or appropriates the products and services, content, records and any other material existing in the linked sites.

The Website Owner assumes no responsibility for any damage that may be caused by the access, use, quality or legality of the content, communications, opinions, products and services of websites not managed by him and which are linked by links available on the Website.

VI. INTELLECTUAL PROPERTY

Access to the Website grants the User a license for personal and private use, of a free and non-exclusive nature, which cannot give rise to any sub-license.

The Website constitutes an intellectual work protected by intellectual property laws. The Website as a whole as well as the Works and Products illustrated therein, offered for sale and / or sold, and each of the intellectual property elements that compose it (such as the titles of the Works, texts, tree structures, software , databases, animations, photographs, illustrations, videos, sounds, charts, diagrams, logos, brands, designs and models) are the exclusive property of the artist PHILIPPE SHANGTI or SHANGTI STUDIO, SLU.

Browsing the Website de facto engages the User in strict compliance with the intellectual property rights belonging to PHILIPPE SHANGTI or SHANGTI STUDIO, SLU.

It is thus formally prohibited (non-exhaustive list) to modify, adapt, imitate and / or copy the Works and / or the Products illustrated on the Website.

Furthermore, the use of all or part of the Website, in particular by downloading, reproduction, transmission, representation or dissemination for purposes other than for personal and private use, for commercial or non-commercial purposes, is strictly prohibited. Violation of these provisions is subject to the penalties provided for by law.

In the context of sharing the content appearing on the Website for personal purposes, in particular on social networks, any reproduction will be accompanied by a hashtag #philippeshangti and / or #shangtigallery

For any reproduction and / or reference to the content of the Website and / or to the artist PHILIPPE SHANGTI in an article and / or blog, you should first contact SHANGTI STUDIO, SLU ( contact@philippeshangti.com ).

VII. APPLICABLE LEGISLATION AND COMPETENT JURISDICTION

The Website Owner reserves the right to initiate civil or criminal actions it deems necessary arising from improper use of the Website, or generated by the violation of these legal notices.

The relationship between the User and the Owner of the Website will be governed by Andorran law. In the event of a dispute concerning the interpretation and / or application of these Conditions, the parties will submit their disputes to the exclusive jurisdiction of the Batllia of the Principality of Andorra.