TERMS OF PURCHASE AND USE

1. INTRODUCTION

CARRASCO art gallery

This document establishes the conditions that determine the use of this website (www.carrasco.art) and the purchase of products on it ("Conditions").

Please read carefully the conditions, our policies regarding cookies and our privacy policy before using this website. By using this website or by placing an order through it, the customer is aware that he must comply with these conditions and our privacy policies. Therefore, if you do not agree to all conditions and privacy policies, you should not use this web page.

These conditions can be changed. It is your responsibility to read them periodically, since the conditions in force at the time of use of the website or the conclusion of the contract (as defined below) are those that will apply.

If you have questions regarding privacy conditions or policies, you can contact us through our contact form.


2. OUR DATA

This web page is executed under the designation CARRASCO art gallery, a registered brand and an art gallery business managed by ELASTIC CONCEPTS, Unipessoal, Lda., headquartered at Beco do Carrasco, 12, 1200-096 Lisboa, registered with the Commercial Registry Office of Lisbon, under the number 508229472, which is also the legal entity identification number and for VAT tax purposes PT508229472, with a share capital of € 5.000,00 (five thousand euros).


3. YOUR DATA AND YOUR VISITS TO THIS WEBSITE

The Agreement may be formalized at any time in any of the languages in which the Conditions are available on this website.

The information or data provided by the customer will be treated in accordance with the established in the Privacy Policy. By using this web page, the client is consenting to the treatment of said information and data and declares that all the information or data that you provide us with is true and corresponds to reality.


4. USE OF OUR WEBSITE

By using our website and / or placing orders through it, the customer undertakes to:

  • Use this web page only to make legally valid inquiries or orders.

  • Do not make any false or fraudulent orders. If, rationally, we can consider that an order of this kind has been made, we will have authorization to cancel it, and inform the competent authorities.

  • Provide us with your e-mail address, postal address and/or other contact details, true form. You also consent to the use of the information provided to contact you (if you need to consult our Privacy Policy).

If you do not provide us with all the necessary information, we will not be able to track your order.

By placing an order through this web page, you claim to be over 18 years of age and have the legal capacity to enter into contracts.


5. AVAILABILITY OF THE SERVICE

The articles presented in this web page are available for delivery in Portugal and abroad.

Some country exclusions may be apply. You can consult the complete list of countries available for delivery at the moment of checkout. If your country is not listed here, you can ask for details and further information at shop@carrasco.art. We will be glad in assist you and we will make our best effort to find a solution for you.


6. CELEBRATION OF THE CONTRACT

To place an order, you must follow the online purchase procedure and click on "Authorize Payment", before you must read and accept these Conditions of Purchase. In doing so, you are entering into a sales contract with us (the "Agreement"). You will then receive an e-mail acknowledging receipt of your order (the "Order Confirmation"). You will also receive an email, in which we confirm that the order has been sent (the "Delivery Confirmation"). An electronic ticket with the details of your order must be attached to the Delivery Confirmation (the "E-ticket").


7. AVAILABILITY OF PRODUCTS

All product orders will be subject to availability. In this sense, if there is any difficulty regarding the supply of products or if there are no articles in stock, we will inform you immediately of the unavailability, and we will refund any amount that you may have paid within 30 days.

Dealing mostly with unique products as unique artworks, this event will probably be rare but can happen if, for instance, at the moment of an online sale, a sale occurs in a physical space as the gallery, or any other designated for.


8. DELIVERY

Without prejudice to what is established in Clause 7 above, regarding the availability of products, and unless extraordinary circumstances occur, we will try to send the order for products mentioned on each Delivery Confirmation prior to the date indicated on the Delivery Confirmation in question or, if no delivery date has been specified, within 30 days of the Order Confirmation date.

Nevertheless, delays may occur for any of the following reasons:

  • product customization; specialized articles;

  • unforeseen circumstances; or problems in the delivery zone.


9. IMPOSSIBILITY OF DELIVERY

If it is impossible for us to deliver your order we will leave you a note indicating where your order is and what to do so that we can return it. If you are not at the delivery place at the agreed time, we ask you to contact us so we can arrange the delivery for another day.

Please note that in case of non-delivery of the product within the stipulated deadline, you may be charged the costs of storing the products and retry attempts.


10. TRANSFER OF RISKS AND PROPERTY OF PRODUCTS

11. PRICE AND PAYMENT

The risks of the products will be borne by the customer from the moment of delivery.

The customer will acquire ownership of the products when we receive full payment of the amounts due in respect of them, including shipping costs, or at the time of delivery (as defined in Clause 8 above), whichever is later.

The price of each product will be the one that is stipulated, at any moment, in our Web page, except in case of evident error. Although we try to ensure that all prices on the page are correct, errors may occur. If we detect an error in the price of any of the products that the customer ordered, we will inform you as soon as possible and we will give you the option to confirm the order again with the correct price or to cancel it. If we can not get in touch with the customer, the order will be canceled and will be refunded in full, the amount paid.

We will not be required to provide you with any product at the wrong lower price (even if we have sent the Shipment Confirmation) if the price error is obvious and unequivocal and if it could have been recognized by the customer, reasonably, as being an incorrect price.

The prices of this web page include VAT but do not include delivery charges, which will be added to the total amount due, as outlined in our Shipping Guide.

Prices can be changed at any time, but (except as set out above) any changes will not affect orders for which we have already sent an Order Confirmation.

Once you have made your purchases, all the items you want to buy have been added to your cart and the next steps will be the completion of the order and the payment. To do this, you should follow the steps of the purchase process, filling in or verifying the information requested at each step.

In addition, during the purchase process, before payment, the customer can change the data of your order. The user has a detailed description of the purchase process in the Purchasing Guide. If you are a registered user, a record of all the requests made by the user will be available in the "My Account" area. You can make payment with Visa, Mastercard, American Express, and PayPal. You can also pay all of the price of your purchases by bank transfer. In this case you must contact us through shop@carrasco.art and request this option available.

To reduce the risk of unauthorized access, your credit card data will be encrypted. We will debit your card immediatly. If your payment method is Paypal the debit will be made at the moment we confirm the request.

By clicking on "Checkout", the customer confirms that the credit card is yours or that he is the legitimate owner of the payment card.

Credit cards are subject to checks and authorizations by the issuing entities, but if they do not authorize the payment, we will not be responsible for any delays or non-delivery and we will not be able to formalize any Contract with the customer.


12. BUY AS A GUEST

This web page does not allow the purchase through the guest buying only functionality.


13. VALUE ADDED TAX

All purchases made through this website are subject to the current Portuguese Value Added Tax (VAT) rate.


14. RETURN POLICY

14.1. Right of free termination of contract

In accordance with the applicable rules if you are contracting as a consumer, the client has the legal right to terminate the contract, up to 14 days after its conclusion without giving any reason.

The free resolution period will expire after 14 days from the day that the customer (or a third party - other than the deliverer - indicated by you) physically acquires several articles in a separately delivered order, 14 days from the day on which the customer (or this third party indicated by you) has physically acquired the last product. In order to exercise the right of free termination of the contract, the customer can contact us through the email shop@carrasco.art or through our contact form, of his decision to terminate this contract by an unambiguous statement (eg a letter sent by mail or e-mail). However, the consumer may exercise the right of free resolution by any means, and it is not mandatory to use any of the means mentioned.

In order to comply with the deadline for the free termination of the contract, it is sufficient to send its communication regarding its exercise of the right of withdrawal before the termination period of the contract expires.

Effects of termination of contract

If Customer terminates the Agreement, we will refund the amount paid for the products, but not including delivery costs at the original delivery location, without undue delay and provided that it does not exceed the period of 14 days from the day you were informed of your decision to terminate this contract. We will make a refund using the same payment method that the customer used for the original transaction. In any case, the customer will not pay any fee resulting from said refund. Despite the foregoing, we may retain the refund until we receive the products back, or until the customer demonstrates evidence that they have returned them.

The customer can send the articles for return with the printing of the attached E-ticket in the Delivery Confirmation or delivery them in the CARRASCO art gallery physical address shown in Website, not exceeding the period of 14 days from the date on which the client informed us of the termination of the contract. The deadline is fulfilled if the customer returns the products before the expiration of the 14 day period.

Unless the customer delivers the products to the CARRASCO art gallery physical address, the customer must bear the return charges.

14.2. Contractual right to return products

The contractual right to return the products must apply exclusively to products that can be returned under exactly the same conditions as the customer received them. No refund will be made if the product has been used other than simply opening the package or if it has been merely damaged, even if it is not a visible damage; therefore, the customer should be careful with the products while they are in their possession. Please return the item only by using or including the original packaging. It should also include all instructions, labels, documents and packaging of the products. In any case, you must deliver, when completed, the receipt that received at the time of delivery of the product, along with the product to be returned.

In the act of return, the respective products must be returned as indicated to the CARRASCO art gallery physical address.

After carefully examining the product, we will let you know if you are entitled to a refund of the amounts paid.

Delivery costs will not be refunded. The customer will be responsible for the return costs. We further inform that we are under no circumstances required to pay shipping costs or any returning costs.

If you have any questions, please contact us through our contact form or through shop@carrasco.art e-mail address.

Notwithstanding the limitations to the contractual right to return the products, provided for in clause 14.2, this Clause should not apply to the exercise of the right of free termination of the contract legally attributed to the consumer, in particular as regards the limitation of the inspection and handling of goods.

14.3. Right of resolution and return of orders from abroad

If you have ordered articles from another EU Member State outside Portugal through this website, clauses 14.1 and 14.2 also apply.


15. INTELLECTUAL PROPERTY

Customer acknowledges and agrees that all copyright, trademark and other intellectual property rights in the materials or content that are provided as part of the Website are at any time ours or from whom we have been granted the license to their use. The customer may only use such material in the manner expressly authorized by us or by the person who has granted us the license to use it. This does not prevent you from using this web page to copy information about your order or contract data as necessary.


16. VIRUSES, PIRACYS AND OTHER COMPUTER ATTACKS

You should not misuse this web page by intentionally introducing viruses, Trojan horses, logic bombs, or any other technologically harmful or harmful material. You will not attempt to gain unauthorized access to this web page, to the server on which this page is hosted, or to any server, computer or database related to our website. You will undertake not to attack this web page through a denial-of-service attack or a distributed denial-of-service attack.

Failure to comply with this clause could imply the practice of infractions typified by the applicable legislation. We will inform the competent authorities of any breach of said legislation and cooperate with them to find out the identity of the attacker. In case of breach of this clause, you will also cease to be authorized to use this web page.

We will not be liable for any data or losses resulting from a denial of service attack, virus or any other technologically damaging or harmful program or material that may affect your computer, computer equipment, data or materials, as a result of using this web page or of downloading content from the same or the contents to which it redirects.


17. LINKS FROM OUR WEB SITE

If our website contains links to other pages and materials of third parties, these links are provided for information purposes only, without any control over the content of such pages or materials. Therefore, we will not accept any responsibility for damages or losses due to its use.


18. WRITTEN COMMUNICATION

Applicable law requires that some of the information or notices we send is in writing. By using this web page, the client accepts that most of the notifications with us are electronic. We will contact the customer by email or provide information through notices posted on this website. For contractual purposes, the customer agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other notifications sent via comply with the legal requirement that such notices be made in writing. This condition will not affect the rights recognized by law.


19. NOTIFICATIONS

Customer notifications should preferably be sent via our e-mail address shop@carrasco.art. In accordance with the provisions of Clause 19 above and unless otherwise indicated, we will send you notices by email or the postal address provided when placing your order.

Notices shall be deemed to have been received and properly made the moment the customer enters our website, 24 hours after sending an electronic mail or three days after the date of franchise of any letter. To prove that the notification was made, it suffices to prove, in the case of a letter, that the address was correct, that it was properly sealed and that it was properly delivered in the post office or in a mailbox and, in the case of an electronic mail, that it has been sent to the e-mail address specified by the recipient


20. TRANSFER OF RIGHTS AND OBLIGATIONS

The commitment of the contract is valid for you and us, as well as our respective successors, persons who have benefited from transfers made by us and heirs. You may not transmit, waive, attach, or otherwise transfer a contract or any rights or obligations arising therefrom without our prior written consent.

We may transfer, relinquish, subcontract or otherwise transfer a contract or any rights or obligations arising therefrom at any time during the term of the agreement to any other company designated by us. All other transmissions of our contractual position, rights or obligations under this agreement will also be subject to your prior consent. In order to avoid any doubts, such transfers, assignments, or other transfers shall not affect the rights which, as applicable, hold as a consumer recognized by law or which cancel, reduce or otherwise limit the express and implied warranties that we may have given you.


21. GROUNDS FOR STRONGEST STRENGTH

We will not be liable for any breach or delay of any of our obligations under a Contract whose cause is due to events beyond our control (Force Majeure).

The concept of Force Majeure shall include any act, event, fault in the exercise, omission or accident that is beyond our control, including, but not limited to, the following:

  • General strike, or other forms of protest that significantly affect the country.

  • Disturbances of public order, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.

  • Fire, explosion, storm, flood, earthquake, landslide, epidemic or any other natural disaster.

  • Impossibility to use trains, boats, aircraft, motor vehicles or other means of transport transportation, public or private.

  • Impossibility to use public or private telecommunications systems.

Our obligations under the Contracts shall be deemed to be suspended during the period of Force Majeure, and we shall be entitled to an extension of the time limit to comply with such obligations for a period of time equal to the duration of the Grounds of Force Majeure. We will use all reasonable means to terminate the Force Majeure Reasons or to find a remedy that will enable us to comply with our obligations under the Contract despite Force Majeure.


22. RENUNNING RIGHTS

The absence of our requirement for the strict compliance by the client of any of the obligations assumed by him under a Contract or these Conditions or the lack of exercise of the rights or actions that are due by virtue of that Agreement Contract or Conditions shall not mean the waiver or any limitation in respect of such rights or actions, nor shall it relieve the customer from fulfilling its obligations.

No waiver by us of a specific right or action shall result in the waiver of our rights or actions arising from the Contract or the Conditions.

No waiver by us of any of the present Conditions or the rights or actions arising from the Contract shall have effect unless expressly stated that it is a waiver, if it is formalized and communicated to the client in writing, compliance with the provisions of clause 21 above.


23. PARTIAL CANCELLATION

If any of these Conditions or any provision of a Contract is declared null and void by a firm resolution by a competent authority, the remaining terms and conditions shall remain in force without being affected by such declaration of nullity.


24. SINGLE AGREEMENT

The present Conditions and all documents to which express references are made constitute the entire agreement between us and the customer in connection with the subject matter of the Agreement and supersede any other covenant, agreement or promise previously made between us and the customer, either verbally or written.

We and the Customer acknowledge that we have entered into the Agreement without having relied on any representation or promise made by the other party or that may interfere with any written statement in the negotiations entered into by either party prior to this Agreement, except as expressly mentioned in conditions.


25. APPLICABLE LEGISLATION AND JURISDICTION

The use of our website and the purchase agreements made through this page are governed by Portuguese law. This provision does not affect other rights granted to the consumer by the legislation in force.


26. COMMENTS AND SUGGESTIONS

Your comments and suggestions are always welcome. We ask you to send comments and suggestions to our contact form.


27. ALTERNATIVE RESOLUTION OF DISPUTES

In this sense, if the transaction has been completed through our website, we inform you - in accordance with EU Regulation no. 524/2013 - that you have the faculty to try to resolve any litigation in an extrajudicial way through access to the electronic platform of online dispute resolution at http://ec.europa.eu/consumers/odr/.

You can consult the updated list of Alternative Dispute Resolution Entities available under article 17 of Law no. 144/2015, of September 8, in the Consumer Portal, through the website http://www.consumidor.gov.pt/livro-de-reclamacoes.aspx


PRIVACY AND COOKIES POLICY

OUR PRIVACY AND COOKIES POLICY AT CARRASCO ART GALLERY

1. WHO WE ARE. CARRASCO art gallery is a registered brand and an art gallery business managed by ELASTIC CONCEPTS, Unipessoal, Lda. We are ELASTIC CONCEPTS, Unipessoal, Lda. (company registered number and VAT PT508229472). This means that we are responsible for how we process and protect your data.

2. WHAT WE USE YOUR DATA FOR. We will use your data (collected online or in person), among other purposes, to manage your registration as a user, to manage your purchases of products or services, to respond to your queries, and, if you wish, to send you our customised communications. See more.

3. WHY WE USE YOUR DATA. We have legal standing to process your data for various reasons. The main reason is that we need to process your data to perform the contract that you accept with us when you register and when you make a purchase or enjoy any of our services or functionalities. We also use your data for other reasons, for example, to respond to your queries or to send you newsletters that you have asked to receive from us. See more.

4. WHO WE SHARE YOUR DATA WITH. We share your data with service providers who provide us with assistance or support, and that means third party providers, both inside and outside the European Union. See more.

5. YOUR RIGHTS. You have the right to access, rectify or delete your personal data. In certain cases, you are also entitled to other rights, such as, for example, to object to us using your data, or to transferring your data, as explained in depth below. See more.

We encourage you to read our full Privacy and Cookies Policy below to understand in depth the manner in which we will use your personal data and your rights over your data.


BEFORE YOU START...

In this Privacy and Cookies Policy, you will find all relevant information applicable to our use of our users ”and clients” personal data, regardless of the channel or means (online or in person) of CARRASCO art gallery that you use to interact with us.

We are transparent about what we do with your personal data, to help you to understand the implications of the way in which we use your data, and the rights you are entitled to in relation to your data.

We permanently make available for you all the information included in this Privacy and Cookies Policy, that you can check when you consider appropriate, and in addition, you will also find further information on how we use your data as you interact with us.

These are some terms we regularly use in this Privacy and Cookies Policy:


  • When we speak about our Platform, we refer, in general, to any of the channels or means, digital or in person, you may have used to interact with us. The main ones are:

  • Our Website, www.carrasco.art

  • Our Instagram® and Facebook® accounts on these platforms and any other accounts that we can manage in other social media platforms.

In person, in any of gallery physical address or in other temporary designated exhibitions spaces, working as functional gallery, sole or in partnership with other galleries or entities, as well as other exhibition spaces like art fairs exhibitions held by other entities in Portugal or abroad in European Community or outside European Community.


1. WHO IS THE CONTROLLER OF YOUR DATA?

Your data controllers are: ELASTIC CONCEPTS, Unipessoal, Lda., company currently operating in Portugal and managing the brand and sale of CARRASCO art gallery products, like artworks, merchandising and any other related (“CARRASCO art gallery"):

  • Postal address: Beco do Carrasco, 12, 1200-096, Lisboa, Portugal.

  • E-mail of Data Protection Officer: dataprotection@carrasco.art


2. WHY WE PROCESS YOUR PERSONAL DATA

Depending on the purpose for which we process your data from time to time, as explained above, we need to process one or other data, which will in general be, depending on each case, as follows:

  • your identity data (for example, your name, surname, language and country from which you interact with us, contact data, etc.);

  • economic and transactions information (for example, your payment or card data, information on your purchases, orders, returns, etc.);

  • connection, geolocation and/or browsing data (if you interact with us from your mobile phone, for example);

  • commercial information (for example, if you have subscribed to our newsletter),

  • information about your tastes and preferences.

Remember that, when we ask you to fill in your personal data to give you access to any functionality or service of the Platform, we will mark certain fields as compulsory, since this is information that we need to be able to provide the service or give you access to the functionality in question. Please take into account that, if you decide not to make such data available to us, you may be unable to complete your user registration or may not be able to enjoy those services or functionalities.

Depending on how you interact with our Platform, i.e., depending on the services, products or functionalities that you wish to enjoy, we will process your personal data for the following purposes:

PURPOSE

2.1. To manage your registration as user of the Platform

If you decide to become a registered user of our Platform, we need to process your data to identify you as a user of the Platform and grant you access to its various functionalities, products and services available to you as a registered user. You may cancel your registered user account by contacting us through dataprotection@carrasco.art

2.2. For the development, performance and execution of the purchase or services contract that you executed with Us on the Platform

This purpose includes processing your data, mainly:

  • To contact you for updates or informative notices related to the contracted functionalities, products or services, including quality surveys and to be able to establish the degree of customer satisfaction with the provided service;

  • To manage payment of the products that you purchase, regardless of the payment procedure used. For example:

  • If on purchasing any of our products through the Website or any of the other social media Platforms we are present, you opt to activate the functionality of save your card data for future purchases, we need to process the indicated data for activation and development of that functionality. Consent to the activation of this functionality enables your autocompleted payment data to appear in subsequent purchases so that you do not need to introduce them in each new process, and these data will be deemed valid and effective for subsequent purchases. You may change or cancel your cards at any time through the section on payment information, in your Website registered user account.

  • Activate the necessary arrangements in order to control and prevent potential fraud against you and against us during the purchase process. If we consider that the transaction can be fraudulent, this processing may cause the blocking of the transaction.

  • To manage potential returns after you have purchased and manage requests of availability information for articles, reservations of products through the Platform, depending on the availability of such options from time to time.

  • For invoicing purposes and to make available to you the tickets and invoices of the purchases you have made through the Platform.

  • To ensure that you are able to use other available functionalities or services, such as the purchase, management and use of any Gift Voucher.

2.3. To meet requests or applications that you make through the Customer Support channels

We only process the personal data that are strictly necessary to manage or resolve your request or application.

2.4. For marketing purposes.

This purpose includes the processing of your data, mainly, for:

  • If and when you subscribe to our Newsletter, we will process your personal data to manage your subscription, including to send customised information on our products or services through various means (such as e-mail or SMS). We may also make available to you this information through push notifications in case you have activated them in your mobile device.

  • Accordingly, please take into account that this data processing implies analysis of your user or customer profile to establish your preferences and therefore which products and services are most fit to your style when sending you information. For example, based on your purchases and browsing history (i.e., depending on the articles that you clicked), we will make you suggestions on products that we believe may interest you and, if you are a registered user, we will provide you with the "recover cart " functionality.

  • Remember that you may unsubscribe from the Newsletter at any time without cost through the "Newsletter" section of the Platform, in addition to through the instructions that we provide you with in each notice. If you do not want to receive push notifications, you can deactivate this option in your mobile device.

  • To perform promotional actions (for example, to send the list of items stored to the e-mail you designate). On participating in any promotional action, you authorise us to process the personal data that you have shared with us depending on the promotional action and disclose them through different media such as social networks or the Platform itself. In each promotional action in which you participate you will have available the terms and conditions where we will be providing more detailed information about the processing of your personal data.

  • To disseminate in the Platform or through our channels in the social networks photographs or pictures that you shared publicly, provided that you expressly give us your consent for the purpose.

2.5. Analysis of usability and quality to improve our services

If you access our Platform, we inform you that we will treat your browsing data for analytic and statistic purposes, i.e., to understand the manner in which users interact with our Platform and thus be capable of introducing improvements in the Platform.

In addition, we occasionally perform quality surveys and actions to know the degree of satisfaction of our customers and users and detect those areas in which we may improve.


3. HOW WE ARE LEGALLY PERMITTED TO PROCESS YOUR DATA?

The legal terms on which we are permitted to process your personal data also depends on the purpose for which we process them, as explained in the following table:

PURPOSE

Legal standing

3.1. To manage your Platform user registration

We process your data because this is necessary on the terms regulating the use of the Platform. In other words, for you to be able to register as a user on the Platform, we need to process your personal data, since we would otherwise be unable to manage your registration.

3.2. Development, performance and making of the purchase or services contract

We process your data because their processing is necessary for us to make the purchase or services contract with you.

Certain processing of data related to the purchase process is activated only because you request or authorise it, as is the case of the storage of payment (card) data for future purchases. In these cases, our processing of your data is supported by your own consent.

We consider that we have a legitimate interest to carry out the necessary verifications to detect and prevent potential fraud when you make a purchase. We understand that the processing of these data is positive for all the participating parties when a purchase is paid and in particular for you, since this allows us to establish measures to protect you from fraud attempts by third parties.

3.3. Customer Support

We consider that we have legitimate interest in answering the requests or consultations raised by you through the existing different contact channels. We understand that the processing of these data is also beneficial to you to the extent that it enables us to assist you adequately and answer to the consultations raised.

When you get in touch with us, in particular, for the management of incidents related to your order or the product/service acquired through the Platform, the processing of your data is necessary to perform the purchase contract.

When your consultation is related to the exercise of your rights on which we inform you below, or to claims on our products or services, we are legally permitted to process your data for compliance with our legal obligations.

3.4. Marketing

We are legally permitted to process your data for marketing purposes due to the consent that you give us, for example when you accept receiving customized information through multiple channels, when authorizing the sending of push notifications in your mobile device or when accepting the legal terms and conditions to participate in a promotional action or to publish your pictures on the Platform or on our social networks channels.

In order to show you customised information, we consider that we have a legitimate interest to conduct a profiling with the information that we have about you (such as your browsing, preferences or purchase history) and the personal data that you have provided us, such as the age range or language, since we understand that the data processing of these data is also beneficial to you because it allows you to improve your user experience and access the information in accordance with your preferences.

3.5. Analysis of usability and quality

We consider that we have a legitimate interest in analysing the Platform usability and the user's satisfaction degree, since we understand that the processing of these data is also beneficial for your because the purpose is to improve the user experience and provide a higher quality service.


4. HOW LONG WILL WE KEEP YOUR DATA?

The time for which we will keep your data will depend on the purposes for which we process them, as explained below:

PURPOSE

Time for which the data are kept

4.1. To manage your Platform user registration

We will process your data for the time during which you remain a registered user (meaning, until you decide to unsubscribe).

4.2. Development, performance and execution of the purchase or services contract

We will process your data for the time necessary to manage the purchase of the products or services that you buy, including potential returns, complaints or claims related to the purchase of the product or service in question.

Sometimes, we will only process the data until the time when you decide, as is the case of payment (card) data that you requested us to store for future purchases.

4.3. Customer Support

We will process your data for the time necessary to meet your request or application.

4.4. Marketing

We will process your data until you unsubscribe or cancel your subscription to the newsletter. If you participate in promotional actions, we will keep the data.

4.5. Analysis of usability and quality

We will process your data occasionally for the time during which we proceed to carry out a specific quality action or survey or until we anonymise your browsing data.

Notwithstanding the fact that we will process your data for the time strictly necessary to achieve the purpose in question, we will subsequently keep them duly stored and protected for the time during which liability may arise for their processing, in compliance with legislation in force from time to time. Once each of the potential actions is time-barred we will proceed to delete the personal data.


5. DO WE SHARE YOUR DATA WITH THIRD PARTIES?

To achieve the purposes mentioned in this Privacy and Cookies Policy, we must give access to your personal data to third parties that provide us with support in the services that we offer your, i.e.:

  • financial institutions,

  • anti-fraud detection and prevention entities,

  • technological service providers,

  • logistic, transport and delivery partners and service providers,

  • providers of customer support related services,

  • advertising and marketing related partners and service providers.

For service efficiency purposes, some of these providers are located in territories outside the European Economic Area that do not offer a level of data protection comparable to that of the European Union, as the United States of America. In such cases, we inform you that we will transfer your data with adequate safeguards and always keeping your data safe:

  • Some providers are certified Privacy Shield, which certification you may consult through the following link: https://www.privacyshield.gov/welcome

  • With other providers, we have agreed Standard Contractual Clauses approved by the EU Commission, the content of which you may consult through the following link: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model- contracts-transfer-personal-data-third-countries_en


6. WHAT YOUR RIGHTS ARE WHEN MAKING YOUR DATA AVAILABLE TO US

We undertake to keep your personal data confidential and to ensure that you may exercise your rights. Bearing that in mind, we Joint Controllers have agreed that you may exercise your rights free of charge by writing us an e-mail to a single e-mail address (dataprotection@carrasco.art), simply informing us of the reason for your request and the right that you wish to exercise. If we consider this necessary to be able to identify you, we may request you to provide a copy of a document evidencing your identity.

In particular, notwithstanding the purpose or legal basis we use to process your data, you have the following rights:

  • To request access to your personal data that we hold. We remind you that where you are a Platform registered user you may also consult this information in the relevant section of your online account.

  • To request that we rectify the personal data that we hold. Please bear in mind that if you are a registered user on the Platform, you may also access the relevant personal data section of your online account to change or update your personal data. In any case, please take into account that, on actively making your personal data available to us through any procedure, you guarantee that they are true and accurate and you undertake to notify to us any change or modification of your data. You will be liable for any loss or damage caused to the Platform or to the person responsible for the Platform or to any third party by reporting erroneous, inaccurate or incomplete information in the registration forms. Please remember that, as a general rule, you must provide us only with your own data, not with those of third parties, other than to the extent otherwise permitted in this Privacy and Cookies Policy.

  • To request that we erase your personal data to the extent that they are no longer necessary for the purpose for which we need to keep processing them, as we have explained above, or when we are no longer legally permitted to process them.

  • To request that we cancel or limit the processing of your personal data, which entails that in certain cases you can request us to temporally suspend the processing of the data or that we keep them longer than necessary.

If you have given us your consent to process your data for any purpose, you also have the right to withdraw such consent at any time. Some of the circumstances in which you may withdraw your consent are detailed in section 2 where we explain for which purposes we process your data.

When we are legally permitted to process your data due to your consent or to for the purposes of a contract, as explained in section 3, you will also have the right to request the portability of your personal data. This means that you will have the right to receive the personal data that you made available to us in a structured, commonly used and machine-legible format, to be able to transmit them to another entity directly without impediments on our part.

In addition, where the processing of your data is based on our legitimate interest, you will also have the right to object to the processing of your data.

Finally, we inform you that you have the right to file a claim before the responsible data protection regulatory authority, in particular, before:

  • The Portuguese Data Protection Agency https://www.cnpd.pt


7. WHAT HAPPENS WHEN YOU PROVIDE US WITH DATA OF THIRD PARTIES?

We offer functionalities or services that require us to process the personal data of a third party that you must provide, such as in the case of activation and sending of a Gift Voucher. If you provide us with personal data of third parties, you confirm that you informed them of the purposes and of the manner in which we need to process their personal data.


8. CHANGES TO THE PRIVACY AND COOKIES POLICY

We may amend the information contained in this Privacy and Cookies Policy when we consider this appropriate. Should we do so, we will notify you by various procedures through the Platform (for example, through a banner, a pop-up or a push notification), or we may even send you a notice to your e-mail address when the change in question is relevant to your privacy, for you to be able to review the changes, assess them and, as the case may be, object or unsubscribe from any service or functionality. In any case, we suggest you to review this Privacy and Cookies Policy from time to time in case minor changes are made or we make any interactive improvement, taking the opportunity that you will always find it as a permanent point of information on our Website.


9. INFORMATION ON COOKIES

We use cookies and similar devices to facilitate your browsing in the Platform, understand how you interact with us and, in certain cases, to be able to show you advertisements in accordance with your browsing habits. Please read our Information about Cookies to understand with greater detail the cookies and similar devices that we use, their purpose and other information of interest.

INFORMATION ABOUT COOKIES

What is a Cookie?

A Cookie is a small text file that a website stores on your PC, telephone or any other device, with information about your navigation on that website. Cookies are necessary to facilitate browsing and to make it more user-friendly, and they do not damage your computer.

While this Policy uses the general term “Cookies”, as they are the main method for storing information used by this website, the browser's "Local Storage" space is also used for the same purposes as the Cookies. All the information included in this section is also applicable to this "Local Storage".

What are Cookies used for on this website?

Cookies are an essential part of how our website works. The main purpose of our Cookies is to improve your browsing experience. For example, they are used to remember your preferences (language, country, etc.) while browsing and on future visits.

The information collected by the Cookies also enables us to improve the site by estimating numbers and patterns of use, the suitability of the website to the individual interests of the users, quicker searches, etc. On occasion, if we have obtained your informed consent in advance, we may use Cookies, tags or other similar devices to obtain information that enables us to show you, either from our own website or from third-party websites or any other means, advertising based on the analysis of your browsing habits.

What are Cookies NOT used for on this website?

We do not store sensitive personal information, such as your address, your password, your credit or debit card data, etc. in the Cookies we use.

Who uses the information stored in Cookies?

The information stored in the Cookies from our website is used exclusively by us, except for those so called "third-party cookies", which are used and managed by external entities to provide services requested by us to improve our services and the experience of the user when browsing our website. The main services for which these "third-party cookies" are used are to obtain access statistics and to guarantee the payment transactions that are carried out.

How can I avoid using Cookies on this website?

If you prefer to avoid the use of Cookies on this page, taking into account the above-described limitations, you must first disable the use of Cookies in your browser and then delete the Cookies saved in your browser associated with this website. You may use this option for preventing the use of Cookies at any time.

How do I disable and prevent the use of Cookies?

You may restrict, block or delete the Cookies from this website at any time by changing the configuration of your browser following the steps indicated below. While the settings are different in each browser, Cookies are normally configured in the "Preferences" or "Tools" menu. For further details on configuring Cookies in your browser, see the "Help" menu in the browser itself.

The list below shows the Cookies, tags and other similar devices used by this website, together with information on the purpose, duration and management (proprietary and by third parties) of each one of them.

Technical and personalisation cookies: for identification and authentication, browsing, interface customisation, favourites...

These Cookies are used to identify the user during the session, prevent the user from repeating login processes on the website, speed up certain procedures on the website, remember the selections made during the session or on subsequent visits, remember the pages that they already visited, etc.

User identification | Session | Own cookies

They are used to identify and authenticate the user. They also contain the technical data from the user's session such as, for example, waiting time for connection, session identifier, etc.

Session identifier | Session | Own cookies

They are used to identify the http session of the user. They are common in all web applications to identify user requests during a session.

Navigational status | Session | Own cookies

They allow the user's navigation status to be identified (start of the session, first page, first access, scroll status, state of voting, etc.).

User selections | Session | Own cookies

They store the session values chosen by the user, such as the store, language, currency, products, size, etc.

Favourites and last selections | Persistent | Own cookies

They allow the user's favourite selections to be remembered (stores, for example) as well as their last selections (stores, products, cookies installation consent, etc.) in later web sessions.

Shopping basket | Session | Own cookies

They store information about the mini shopping basket, such as the identification details of the user associated with the aforementioned basket.

Protocol | Session | Own cookies

They allow changes to be processed between secure (https) and non-secure (http) domains (protocol).

Cookies for navigation analysis | Session | Own cookies

These Cookies obtain generic information about the user’s access to the website (not to the content itself) in order to subsequently provide us with aggregated information about these accesses for statistical purposes.

Origin | Persistent | Own cookies

They are used to determine the origin of a user when arriving on a page on this website, for example, if they have arrived onto the product details page from a product grid, from the search browser or from an external website.

Google Analytics | Persistent | Third party

They allow monitoring the website by means of the Google Analytics tool, which is a service provided by Google to obtain user access information on the website. Some of the data saved are: number of times a user visits the website, dates of the first and last visit, duration of the visits, the page from where the user accessed the website, the search engine the user used to access the website or the link they clicked on, the place in the world from where the user accesses, etc. The configuration of these cookies is predetermined by the service offered by Google and the information generated by the cookie about the use of your website will be transmitted and stored by Google, Inc (a United States-based company). Therefore we suggest consulting the privacy page of Google Analytics, https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie- usage, to obtain further information on the cookies it uses and how to disable them. Please remember that we are not responsible for the content or the accuracy of third-party websites.

Cookies for purchasing analysis | Persistent | Own cookies

These Cookies make it possible to collect information on the device from which the purchase was made on this website, to verify that the transactions provide sufficient guarantees to the customers. These cookies never include sensitive information, such as card details.

Purchase device | Persistent | Own cookies

They allow the device's identification (PC, telephone, etc.) from which the purchases are made on this website for its subsequent analysis, with the purpose of being able to offer our clients sufficient guarantees in purchase operations. The information collected in these cookies is collected by an external company in order to conduct this analysis.

Third party | Persistent

This information list will be updated as quickly as possible as the services offered on this website change. However, the information list may temporarily fail to include a cookie, tag or other similar device as a result of the update, though they will always be devices with identical purposes to those included in this list.


LITIGATION

In any case of litigation, the consumer may use an alternative dispute resolution entity. You can find more information about this at centroarbitragemlisboa.pt or consumidor.pt


INTELLECTUAL PROPERTY

The intellectual property, including patents, trademarks and copyrights displayed in this website, other than Elastic Concepts, CARRASCO art gallery, Elastic Concepts Lda. and artworks displayed from represented artists or collections or other identified, belongs to their respective owners.

COPYRIGHT© 2019 CARRASCO art gallery