Privacy policy
Information obligation pursuant to Article 13 of the GDPR*

(*Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.
on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC)

Who is the administrator of your personal data?

The administrator of your personal data is DESA Modern SA with its registered office in Warsaw at ul. Piękna 1A (hereinafter referred to as "We", "DESA Modern" or "Company"), operating Galleries of Art and a website at www.desamodern.pl.

Contact regarding the processing of your personal data by DESA Modern

In order to provide information regarding the processing of your personal data by us, you can contact us by letter, e-mail and by phone, below are our contact details:

DESA Modern S.A
st. Beautiful 1A
00-477 Warsaw

How did we receive your data?

We received them from you when concluding a commission agreement, concluding a gallery sale agreement, concluding a maintenance agreement or providing other services, submitting an object for valuation, via the contact form, during personal or online registration for auctions conducted by us, or you provided them to us by e-mail.

For what purpose and on what legal grounds do we process your personal data?

We process your personal data because it is necessary to perform the contract concluded with you, including:

• performance of contracts concluded under a sales, maintenance, binding or commission agreement;
• handling complaints in the event that you submit such a complaint;
• handling requests that you send to us (e.g. via the contact form);
• contacting you, including for purposes related to the performance of contracts, making and receiving payments.

In addition, the law requires us to process your data for:

• tax and accounting purposes;
• keeping a record book of monuments accepted or offered for sale;
• counteracting money laundering and financing of terrorism.

Your data is also processed by DESA Modern on the basis of the legitimate interest of Desa Modern, for the purposes indicated below:

• conducting marketing activities towards you, including direct marketing of goods and services offered by DESA Modern;
• contacting you, including for purposes related to permitted marketing activities, through available communication channels, in particular and with your consent - by e-mail and telephone;
• handling your requests submitted in particular to the Customer Service Office and via the contact form in a situation where they are not directly related to the performance of the contract;
• debt collection; conducting court, arbitration and mediation proceedings;
• storing data for archiving purposes, and ensuring accountability (showing compliance with our obligations under the law).

If you agree, we process your personal data in order to save data in cookie files, collect data from websites.

You can withdraw your consent to the processing of personal data in any way at any time. We will process your personal data until you withdraw your consent or until our obligation to process your data, imposed on us by generally applicable law, expires.

Do you have to provide us with your personal information?

For the purposes of performing the obligations arising from the contract between us, as well as to comply with the requirements set out in generally applicable law, we require you to provide the following personal data:

• first name and last name;
• address of residence or correspondence address;
• PESEL number or number of the document confirming identity;
• e-mail address;
• Phone number;
• Bank account number

If for some reason you do not provide personal data (not including your bank account number in this catalogue), unfortunately we will not be able to conclude a contract with you.

If required by law, we may require you to provide other data necessary, e.g. for accounting or tax reasons. Apart from these cases, providing your data is voluntary.

What are your rights related to the processing of personal data by DESA Modern?

You have the following rights related to the processing of personal data:

• the right to withdraw consent to data processing,
• the right to access your personal data,
• the right to request rectification of your personal data,
• the right to request the deletion of your personal data,
• the right to request restriction of the processing of your personal data,
• the right to object to the processing of your data due to your particular situation - in cases where we process your data on the basis of our legitimate interest,
• the right to transfer your personal data, i.e. the right to receive your personal data from us in a structured, commonly used, machine-readable IT format. You can send this data to another data controller or request that we send your data to another controller. However, we will only do so if such a transfer is technically possible. You have the right to transfer personal data only to the data that we process on the basis of a contract with you or on the basis of your consent,

To exercise the above rights, please contact us via the form available on the website www.desamodern.pl or at the reception desk of our headquarters.

You can exercise these rights when:

• regarding the request to rectify data: you will notice that your data is incorrect or incomplete;
• regarding the request to delete data: your data will no longer be necessary for the purposes for which they were collected by the Company; you withdraw your consent to data processing; you object to the processing of your data; your data will be processed unlawfully; the data should be deleted in order to fulfill the obligation resulting from the law or the data was collected in connection with the provision of electronic services offered to the child;
• regarding the request to limit data processing: you will notice that your data is incorrect - you can request the restriction of the processing of your data for a period allowing us to check the correctness of this data; your data will be processed unlawfully, but you will not want it to be deleted; We will no longer need your data, but you may need it to defend or pursue claims; or you object to data processing - until it is determined whether the legitimate grounds on our part override the grounds for objection;
• regarding the request to transfer data: the processing of your data takes place on the basis of your consent or a contract concluded with you, and when the processing is carried out automatically.

You have the right to lodge a complaint regarding the processing of your personal data by us to the supervisory body, which is the Inspector General for Personal Data Protection (address: General Inspector for Personal Data Protection, ul. Stawki 2, 00-193 Warsaw).

When can you object to the processing of your data by DESA Modern?

You have the right to object to the processing of your personal data when:

• the processing of your personal data is based on a legitimate interest or for statistical purposes, and the objection is justified by the particular situation in which you have found yourself,
• Your personal data is processed for the purposes of direct marketing, including profiling for this purpose.

Remember that you can exercise your right to object from May 25, 2018.

Who do we share your personal data with?

We share your personal data with entities supporting us in accounting, website, IT systems and performing consulting and auditing services. The entities to which we entrust the processing of your personal data perform their tasks on the basis of an agreement with us and only in accordance with our instructions. Our data processing entrustment agreements contain contractual clauses approved by the European Commission. In addition, we may transfer your personal data to public authorities fighting against fraud and abuse.

How long do we store your personal data?

We store your personal data for the duration of the contract concluded with you, and also after its completion for the purposes of:

• pursuing claims in connection with the performance of the contract,
• performance of obligations arising from legal provisions, in particular tax and accounting,
• preventing abuse and fraud,
• statistical and archiving,

for a maximum period of 10 years from the date of completion of the contract or for the period specified by law, which obliges us to process your data.

We store your personal data for marketing purposes for the duration of the contract or until you object to such processing, whichever occurs first.

Do we transfer your data to countries outside the European Economic Area?

Your personal data will be transferred outside the European Economic Area to Google LLC based on appropriate legal safeguards, which are contractual clauses for the protection of personal data, approved by the European Commission.

Do we process your personal data automatically (including through profiling) in a way that affects your rights?

Your personal data will be processed in an automated manner, however, without the use of automated profiling. This will not have any legal effect on you or similarly significantly affect your situation.

Resignation from consent to the processing of personal data

Ladies and Gentlemen,

You can withdraw your consent to the processing of your personal data at any time or exercise your other rights in connection with the processing of personal data. For this purpose, please download the form below, print it out, complete it and sign it, and send it back by e-mail to: online@desamodern.pl or by post to the following address: DESA Modern SA, ul. Piękna 1A, 00-477 Warsaw