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1.1. Personal data will be processed by SC Grosu Art Studio S.R.L. (referred to in this information note as “Operator”), headquartered in Bucharest, Sector 1, str. Elena Caragiani 27, Bl.12E, sc.1, et.2, ap.11, serial number in the Trade Register J40 / 4407 / 13.04.2012, CIF RO30083350, email: grosuartstudio@gmail.com
1.2. The contact details of the data protection officer can be found on the website www.victorgrosu.com insofar as a data protection officer has been (necessary to be) appointed.
2.1. Personal data (referred to in this information note as "personal data") representing the personal data of the individual (hereinafter referred to as the information note and "data subject") who contacts the Operator in his own name or on behalf of / in the name of a professional (referred to in this policy as "the Professional"), and which are provided by the data subject (eg first and last name, email), will be processed for any purpose (communication) in connection with the matters indicated / requested by the data subject, including and without limitation in order to make any steps to take steps to establish a legal relationship between the Operator and the data subject or Professional and if applicable, and for any compatible, related and correlated purpose.
2.2. Personal data may also be processed in any case where the processing is necessary for the purpose of the legitimate interests pursued by the Operator or a third party, if there are such legitimate interests, unless the interests or rights prevail and the fundamental freedoms of the data subject, which require the protection of personal data.
2.3. The operator will in each case process only the personal data regarding the data subject that are/will be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.
2.4. Personal data will be collected, registered, organized, structured, stored, consulted, and used.
The legal bases of the processing are/can be, as the case may be, article 6 paragraph (1) letter (a), (b), (c) and letter (f) of Regulation (EU) 2016/679 ("the Regulation"), namely :" ...(a) the data subject has given his consent for the processing of personal data for one or more specific purposes; (b) the processing is necessary for the execution of a contract to which the data subject is a party or to take steps at the request to the person concerned before concluding a contract; (c) the processing is necessary in order to fulfill a legal obligation incumbent on the operator; ... (f) the processing is necessary for the purposes of the legitimate interests pursued by the operator or a third party, unless the interests or fundamental rights and freedoms of the data subject prevail, which require the protection of personal data ...."
The recipients to whom the personal data regarding the Data Subject will be disclosed and transmitted, as the case may be, are all those to whom information must be sent in order to fulfill the purposes mentioned above and include, as the case may be, employees and/or representatives and/or subcontractors and/or other collaborators of the Operator.
No personal data is transferred to a third country
A possible transfer or a possible set of transfers of personal data to a third country or an international organization may take place under one of the following conditions:
(a) the data subject has explicitly expressed his consent to the proposed transfer, after being informed of the possible risks that such transfers may involve for the data subject as a result of the lack of a decision on the adequacy of the level of protection and adequate guarantees;
(b) the transfer is necessary for the execution of a contract (e.g. the license agreement regarding the use of the application by the client) between the data subject and the operator or for the application of pre-contractual measures adopted at the request of the data subject;
(c) the transfer is necessary for the conclusion of a contract or for the execution of a contract concluded in the interest of the data subject between the operator and another natural or legal person;
(d) the existence of a decision on the adequacy of the level of protection in accordance with the Regulation or adequate guarantees in accordance with the Regulation;
(e) any other situation allowed by the applicable legal regulations in force.
The personal data will be stored by the Operator from the date you contact the Operator and until one year has passed since the last communication between the Operator and the person concerned, but not less than the period stipulated by the legal regulations in force.
If the data were collected (also) for other purposes and/or on other grounds, the personal data will be stored (continued to be stored) for the period established for these purposes and/or on the basis of these grounds, if this period is longer than the previously mentioned one.
The provision of personal data did not represent/does not represent a contractual obligation or a legal obligation, unless the personal data was (also) collected on other grounds.
The data subject was/is not obliged to provide the personal data, except for the case where the personal data was (also) collected on other grounds and the data subject was/is obliged to provide the data in accordance with those grounds.
The refusal to provide the (contact) data (of a personal nature) may lead (as well as the consequences of not complying with the obligation to provide and/or update the respective data) to the impossibility of communicating with you using the respective (contact) data and / or to be able to take steps to conclude a legal relationship. In case of refusal to provide and/or update other (contact) data (personal) there will be no consequence.
If your personal (contact) data have changed since the last time they were provided and/or you want to update them, please send us a request to update them, via any communication channel, including the email mentioned in point 1 of this information note.
8.1. The data subject has the right to obtain from the operator a confirmation as to whether or not personal data concerning him or her is being processed and, if so, access to said data and the following information:
(a) the purposes of the processing;
(b) the categories of personal data concerned;
(c) recipients or categories of recipients to whom the personal data has been or will be disclosed, in particular recipients from third countries or international organizations;
(d) where possible, the period for which the personal data is expected to be stored or, if this is not possible, the criteria used to establish this period;
(e) the existence of the right to request the operator to rectify or delete personal data or to restrict the processing of personal data relating to the data subject or the right to oppose the processing;
(f) the right to file a complaint with a supervisory authority;
(g) if the personal data is not collected from the data subject, any available information on its source;
(h) the existence of an automated decision-making process including the creation of profiles, mentioned in the Regulation, as well as, at least in the respective cases, pertinent information regarding the logic used and regarding the importance and expected consequences of such processing for the data subject.
8.2. If personal data is transferred to a third country or an international organization, the data subject has the right to be informed of the appropriate safeguards regarding the transfer.
8.3. The operator provides a copy of the personal data that is the subject of processing. For any other copies requested by the data subject, the controller may charge a reasonable fee based on administrative costs. If the data subject submits the request in electronic format and unless the data subject requests a different format, the information is provided in a commonly used electronic format.
8.4. The right to obtain a copy referred to in point 8.3 does not affect the rights and freedoms of others.
The data subject has the right to obtain from the operator, without undue delay, the rectification of inaccurate personal data concerning him. Taking into account the purposes for which the data were processed, the data subject has the right to obtain the completion of personal data that are incomplete, including by providing an additional statement.
10.1. The data subject has the right to obtain from the operator the deletion of personal data concerning him, without undue delay, and the operator has the obligation to delete personal data without undue delay, if one of the following reasons applies:
(a) the personal data are no longer necessary to fulfill the purposes for which they were collected or processed;
(b) the data subject withdraws the consent on the basis of which the processing takes place, if the processing takes place on the basis of the consent given by the data subject to the processing of his personal data for one or more specific purposes, and there is no other legal basis for the processing;
(c) the data subject opposes the processing, for reasons related to the particular situation in which he is, according to the Regulation, and there are no legitimate reasons that prevail with regard to the processing or the data subject objects to the processing of personal data for direct marketing purposes, and there is no other legal basis for the processing;
(d) the personal data were processed illegally;
(e) the personal data must be deleted in order to comply with a legal obligation incumbent on the operator under Union law or the internal law to which the operator is subject;
(f) the personal data were collected in connection with the provision of information society services to a child, according to the Regulation;
10.2. If the operator has made personal data public and is obliged, under point 10.1., to delete it, the operator, taking into account the available technology and the cost of implementation, takes reasonable measures, including technical measures, to inform the operators that processes personal data that the data subject has requested the deletion by these operators of any links to that data or of any copies or reproductions of such personal data.
10.3. Paragraphs 10.1. and 10.2. do not apply if processing is necessary:
(a) for exercising the right to free expression and information;
(b) for complying with a legal obligation that provides for processing under Union law or internal law that applies to the operator or for the performance of a task performed in the public interest or in the exercise of an official authority with which the operator is vested;
(c) for reasons of public interest in the field of public health, in accordance with the Regulation;
(d) for archiving purposes in the public interest, for scientific or historical research purposes or for statistical purposes, in accordance with the Regulation, to the extent that the right mentioned in point 10.1. is likely to make impossible or seriously affect the achievement of the objectives of the respective processing;
or
(e) for establishing, exercising or defending a right in court.
11.1. The data subject has the right to obtain from the operator the restriction of processing if one of the following cases applies:
(a) the data subject contests the accuracy of the data, for a period that allows the operator to verify the accuracy of the data;
(b) the processing is illegal and the data subject opposes the deletion of personal data, requesting instead the restriction of their use;
(c) the operator no longer needs the personal data for the purpose of processing, but the data subject requests them for establishing, exercising or defending a right in court; or
(d) the data subject objected to the processing for reasons related to the particular situation in which he/she is, according to the Regulation, for the time interval in which it is checked whether the legitimate rights of the operator prevail over those of the data subject.
11.2. If processing has been restricted pursuant to paragraph 11.1., such personal data may, with the exception of storage, be processed only with the consent of the data subject or for the establishment, exercise or defense of a right in court or for the protection of the rights of a other natural or legal persons or for reasons of important public interest of the Union or a member state.
11.3. A data subject who has obtained the restriction of processing pursuant to paragraph 11.1. is informed by the operator before lifting the processing restriction.
The operator communicates to each recipient to whom personal data has been disclosed any rectification or deletion of personal data or restriction of processing carried out in accordance with point 9, point 10.1. and point 11, unless this proves impossible or involves disproportionate efforts. The operator shall inform the data subject of the respective recipients if the data subject so requests.
13.1. The data subject has the right to receive the personal data concerning him and which he has provided to the operator in a structured, commonly used and machine-readable format and has the right to transmit this data to another operator, without obstacles on the part of the operator to whom the personal data were provided, if:
(a) the processing is based on consent or a contract; and
(b) the processing is carried out by automatic means.
13.2. In exercising his right to data portability under point 13.1., the data subject has the right to have his personal data transmitted directly from one operator to another where this is technically feasible.
13.3. Exercising the right mentioned in point 13.1. of this article does not affect article 17. This right does not apply to the processing necessary for the performance of a task performed in the public interest or in the exercise of an official authority with which the operator is vested.
13.4. The right mentioned in point 13.1. does not affect the rights and freedoms of others.
14.1. At any time, the data subject has the right to object, for reasons related to his particular situation, to the processing for the purposes of the legitimate interests pursued by the operator or a third party of the personal data concerning him, including the creation of profiles based on those provisions. The operator no longer processes personal data, unless the operator demonstrates that it has legitimate and compelling reasons that justify the processing and that prevail over the interests, rights and freedoms of the data subject, or that the purpose is to establish, exercise or defend a right in court.
14.2. When the processing of personal data is aimed at direct marketing, the data subject has the right to object at any time to the processing for this purpose of personal data concerning him, including the creation of profiles, to the extent that it is related to marketing directly respectively.
14.3. If the data subject objects to the processing for the purpose of direct marketing, the personal data is no longer processed for this purpose. In case the data subject opts for the processing of personal data for the purpose of direct marketing, separately and without any connection with any other action, including by activating any accept button regarding the processing of personal data for the purpose of direct marketing, the last personal data personally provided in any way will be processed for the purpose of direct marketing.
14.4. At the latest at the time of the first communication with the data subject, the right mentioned in points 14.1. and 14.2. is explicitly brought to the attention of the data subject and presented clearly and separately from any other information.
14.5. In the context of the use of information society services and notwithstanding Directive 2002/58/EC, the data subject may exercise his right to object by automated means that use technical specifications.
14.6. If personal data are processed for scientific or historical research purposes or for statistical purposes in accordance with the Regulation, the data subject, for reasons related to his particular situation, has the right to object to the processing of personal data that concern, unless the processing is necessary for the performance of a task for reasons of public interest.
15.1. The data subject has the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning the data subject or similarly affects him to a significant extent.
15.2. Point 15.1. does not apply if the decision:
(a) it is necessary for the conclusion or execution of a contract between the data subject and a data controller;
(b) is authorized by Union law or domestic law that applies to the operator and that also provides for appropriate measures to protect the rights, freedoms and legitimate interests of the data subject; or
(c) is based on the explicit consent of the person concerned.
15.3. In the cases mentioned in point 15.2. letters (a) and (c), the data controller implements appropriate measures to protect the rights, freedoms and legitimate interests of the data subject, at least his right to obtain human intervention from the controller, to express his point of view and to appeal the decision.
16.1. Without prejudice to any other administrative or judicial remedies, any data subject shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State in which he has his habitual residence, place of work or where the alleged violation occurred, if it considers that the processing of personal data concerning it violates the Regulation.
16.2. The supervisory authority to which the complaint was lodged shall inform the complainant of the progress and outcome of the complaint, including the possibility of exercising a judicial remedy under Article 17.
17.1. Without prejudice to any other administrative or non-judicial remedies, every natural or legal person has the right to an effective judicial remedy against a legally binding decision of a supervisory authority that concerns him.
17.2. Without prejudice to any other administrative or non-judicial remedies, each data subject has the right to an effective judicial remedy if the supervisory authority that is competent under the Regulation does not deal with a complaint or does not inform the data subject in within three months of the progress or resolution of the complaint under Article 16.
17.3. Actions brought against a supervisory authority are brought before the courts of the Member State where the supervisory authority is established.
17.4. Where actions are brought against a decision of a supervisory authority which has been preceded by an opinion or a decision of the committee under the consistency mechanism, the supervisory authority shall forward that opinion or decision to the court.
18.1. Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority under the Regulation, each data subject has the right to an effective judicial remedy if he or she considers that the rights which he benefits from under the Regulation were violated as a result of the processing of his personal data without complying with the Regulation.
18.2. Actions brought against an operator or a person authorized by the operator are brought before the courts of the Member State where the operator or person authorized by the operator has its seat. Alternatively, such an action may be brought before the courts of the Member State in which the data subject has his habitual residence, unless the controller or the person authorized by the controller is a public authority of a Member State acting in the exercise of its public powers .
19.1. The data subject has the right to mandate a non-profit body, organization or association, which has been duly constituted in accordance with domestic law, whose statutory objectives are of public interest, which are active in the field of protection of rights and freedoms data subjects with regard to the protection of their personal data, to file the complaint on his behalf, to exercise on his behalf the rights referred to in articles 16, 17 and 18, as well as to exercise the right to receive compensation on behalf of the data subject, if this is provided for in domestic law.
19.2. Member States may provide that any body, organization or association referred to in point 19.1. of this article, independently of the mandate of a data subject, has the right to lodge a complaint in that Member State with the supervisory authority that is competent under article 16 and to exercise the rights referred to in articles 17 and 18, if considers that the rights of a data subject under the Regulation have been violated as a result of the processing.
20.1. Any person who has suffered material or moral damage as a result of a violation of the Regulation has the right to obtain compensation from the operator or from the person authorized by the operator for the damage suffered.
20.2. Any operator involved in the processing operations is liable for the damage caused by its processing operations that violate the Regulation. The person authorized by the operator is liable for the damage caused by the processing only if he did not comply with the obligations in the Regulation that fall specifically to the persons authorized by the operator or acted outside or in contradiction with the legal instructions of the operator.
20.3. The operator or the person authorized by the operator is exempted from liability under point 20.2. if it proves that it is not liable in any way for the event that caused the damage.
20.4. If several operators or several persons authorized by the operator, or an operator and a person authorized by the operator are involved (involved) in the same processing operation and are responsible, pursuant to points 20.2. and 20.3., for any damage caused by the processing, each operator or person authorized by the operator is responsible (responsible) for the entire damage to ensure the effective compensation of the person concerned.
20.5. If an operator or a person authorized by the operator has paid, in accordance with point 20.4., in full, the compensations for the damage caused, that operator or that person authorized by the operator has the right to request from the other operators or the other authorized persons of operators involved in the same processing operation the recovery of that part of the compensation that corresponds to their part of liability for the damage, in accordance with the conditions established in point 18.2.
20.6. Actions for the exercise of the right to recover the compensations paid are submitted to the competent courts under the law of the member state referred to in point 18.2.
When the processing is based on: i) the data subject's consent given for the processing of his personal data for one or more specific purposes; or ii) on the data subject's consent given for the processing of certain special categories of personal data for one or more specific purposes, unless Union law or domestic law provides that the prohibition to process special categories of personal data shall cannot be lifted with the consent of the data subject,
The Data Subject has the right to withdraw his/her consent at any time, without affecting the legality of the processing carried out on the basis of the consent before its withdrawal;
For the avoidance of doubt, the withdrawal of consent does not affect the processing of personal data on other grounds.
22.1. The Data Subject has all the rights provided by this information notice as well as any other rights provided by the mandatory legal regulations in force regarding the processing of personal data.
22.2. The rights mentioned in this information note can be exercised according to this agreement, according to the Regulation and any other applicable legal regulations in force.
22.3. Any requests and/or requests sent by the Data Subject to the Operator for the exercise of any of the rights can be made in writing, by registered letter, which will be sent to the Operator's headquarters and/or by email to the Operator's email mentioned in point 1 of this note information and/or by any other means provided/allowed by the legal regulations in force.
22.4. The Data Subject may request, according to the previously mentioned, and, if necessary, obtain, free of charge, in particular, access to personal data, as well as their rectification or deletion, restriction of processing, data portability and the exercise of the right to opposition such as and the right not to be the subject of a decision based exclusively on automatic processing, including the creation of profiles, which produces legal effects that concern the Data Subject or similarly affects him to a significant extent, but also regarding the violation of data security with personal character.
22.5. The terms used in the content of this information note will have the meaning defined in the Regulation if the context does not expressly indicate otherwise.
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