Last update on: 2019-03-05

  1. Privacy statement

Thank you for visiting our website. We would like to inform you that your data is handled in accordance with Art. 13 of the General Data Protection Regulation (GDPR).

Responsible account

We are responsible for the data collection and processing.

Storing of the IP address

We store the IP address transmitted by your web browser for a maximum period of 30 days. We do this in order to be able to detect, limit and eliminate attacks on our web pages. In order to trace the source of such attacks, the IP address must be temporarily stored. After this period, we delete the IP address. The legal basis is Art. 6 para. 1 lit. f) GDPR.

Usage data

When you visit our websites, the so-called usage data is temporarily stored as a protocol on our web servers for statistical purposes. We use our own servers, which are located on our premises, as well as UK servers. All servers are located in UK. In addition, usage data may be used to improve the quality of our websites. The legal basis is Art. 6 para. 1 lit. f. This data set consists of:

The page from which the file was requested

The name of the file

The date and time of the query

The amount of data transferred

The access status (file transferred or file not found)

The description of the type of the web browser used

The IP address of the requesting computer

Ordering of photo products

If you order a product from us, we store the following data:

The page from which the file was requested

The name of the file

The date and time of the query

The amount of data transferred

The access status (file transferred, or file not found)

The description of the type of the web browser used

The IP address of the requesting computer

The image files you transmit

The information provided by you, such as your e-mail address, name, address

We store this data regularly for 6 months, but we might store it for a little longer in case of an order or a complaint.

The period of 6 months is needed for an order for possible legal defence, this is required within the framework of warranty law within the consumer-friendly period of § 477 BGB (on the basis of Directive 1999/44/EC of the European Parliament and Council of 25 May 1999) and necessary to be able to review claims asserted.

A longer storage beyond this is possible for legally compelling reasons, such as accounting reasons.

Your full IP address is stored for 90 days only.

  1. Data transfer to third parties

Data transfer to third parties

We transfer your data to service providers who supports us in the operation of our websites and the associated processes in accordance with Art. 28 GDPR. Our service providers are strictly bound to our instructions and are contractually bound accordingly. We use the following service providers:

We use these services to improve and monitor our website:  Facebook Business Manager – Facebook Custom Audience List, Google – Google Customer Match List, intelliAd, Google Analytics, Google AdSense, Google Adwords, and Youtube

Data transfer to third countries

In some cases, we transfer personal data to a third country outside the EU, however, we always ensure that an appropriate level of data protection is maintained as illustrated below:

In case of data transfer to the USA, an appropriate level of data protection follows from the corresponding participation of the service providers in the Privacy Shield Agreement (Art. 45 para. 1 GDPR).

In case of EU countries, the EU Commission has decided on an appropriate level of data protection in accordance with Art. 45 para. 1 GDPR.

  1. Cookies

Cookies

We use cookies on our websites. Cookies are small text files that can be stored and read on your device. A distinction is made between session cookies, which are deleted immediately after you close your browser, and permanent cookies, which are stored beyond the individual sessions. Cookies may contain data that makes it possible to recognize the device used. In some cases however, cookies only contain information on certain settings that cannot be linked to a specific person.

We use first party and third party cookies as session and permanent cookies on our websites. The processing is carried out on the basis of Art. 6 para. 1 lit. f) GDPR and the willing to optimise or enable user guidance and adapting the presentation of our website.

The following tools set cookies on our website and collect personal data. Especially the IP address and User-ID:

and first party cookies (for website functionality).

You can set your browser, so that it informs you about the placement of cookies. This makes the used cookies available to you. You can also delete cookies at any time via the corresponding browser setting and prevent the setting of new cookies (opt-out). Please note that our web pages may not be displayed optimally and that some functions may no longer be technically available.

  1. Explanation of safety measures

Data security

In order to protect your data from unwanted access as comprehensively as possible, we take technical and organizational measures. We use an encryption method on our pages. Your information is transmitted from your computer to our server and vice versa via the Internet using TLS encryption. You can recognize this by the fact that the lock symbol in the status bar of your browser is closed and the address line starts with https://

  1. User rights

Your rights as a user

When processing your personal data, the GDPR grants you as a website user certain rights:

Right to information (Art. 15 GDPR):

You have the right to request confirmation as to whether personal data concerning you is processed; if this is the case, you have a right of access to this personal data and to the information specified in Article 15 of the GDPR.

Right to correction and deletion (Articles 16 and 17 GDPR):

You have the right to immediately request the correction of incorrect personal data concerning you and if necessary, the completion of incomplete personal data.

Users also have the right to request that personal data concerning them be deleted immediately if one of the reasons specified in Art. 17 GDPR applies, e.g. if the data is no longer required for the purposes pursued.

Right to restrict data processing (Article 18 GDPR):

You have the right to request a restriction on processing, if one of the conditions set out in Article 18 GDPR is met, e.g. if you have lodged an objection to processing, for the duration of any examination.

Right to data transferability (Art. 20 GDPR):

In certain cases, which are detailed in Article 20 GDPR, you have the right to receive personal data concerning you in a structured, common and machine-readable format or to request the transmission of this data to a third party.

Right of objection (Art. 21 GDPR):

If the data is collected on the basis of Art. 6 para. 1 lit. f) (data processing to protect legitimate interests), you have the right to object to the processing at any time for reasons arising from your particular situation. We will then no longer process the personal data, unless there are demonstrably compelling reasons worthy of protection for the processing that outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.

Right of appeal to a supervising authority

According to Art. 77 GDPR, you have the right of appeal to a regulatory authority if you believe that the processing of data concerning you violates data protection regulations. The right of appeal may be exercised before a supervisory authority in the member state where you are staying, working or suspected your rights are infringed.

  1. Contact Data Protection Officer

Contact details of the data protection officer

Our company data protection officer will be happy to provide you with information or suggestions on the subject of data protection:

E-mail: [email protected]

For questions regarding data protection, in particular regarding the assertion of rights of persons affected, please primarily contact the data protection e-mail address stated.

  1. Newsletter

Newsletter

On our website we offer you the possibility to subscribe to our newsletter independently of ordering photo products. For this we need to store your e-mail address and your name. If you have given us separate consent for us to inform you by e-mail about our own products and services, they will be processed in accordance with Art. 6 para. 1 lit. a) GDPR. Your consent can be revoked at any time (e.g. via the link to cancel the newsletter, which you will find in every newsletter e-mail), without this affecting the legality of the previous processing. If the consent is revoked, we will stop the corresponding data processing. Data processing is legal until revoked.

In addition, we send newsletters to our customers within the legally permissible scope; you can also object to this by clicking on the link in such a newsletter e-mail (opt-out).

  1. Print Mailings

In all other respects, we use the address data given by you with an order to the postal advertisement within the scope of the legal limits. You can object to this advertising at any time.

  1. Restricted Area

Restricted Area

If you want to create a personal login, you have to register first. We collect the following data: Title, surname, first name, e-mail address, street, postcode, city, country, telephone number (voluntary information), password on the basis of Art. 6 para. 1 lit. b) GDPR. We use the data that you submit to us during registration or during your enquiries to create a profile for you so that you can place an order more easily. You can change or delete your profile at any time within the account. The data will then be automatically removed from our system. If there are no retention periods or, if the data is not required in individual cases (for example in the case of open debts for the collection of claims)

  1. Online shop

Online shop

We store and use your personal data that you send to us in the course of an order processing in accordance with Art. 6 Para. 1 letter b) GDPR exclusively for processing your orders, e-mail address, name, address, transmitted image files, IP address. In particular, we use your e-mail address for notifications about the status of your order, as well as for the legally permitted newsletter dispatch, which you can unsubscribe at any time (see point 11). We use your image files exclusively for the execution of the order, as well as for internal marketing analysis. As a rule, your image files are deleted after 6 months, see also section 1, Ordering photo products.

  1. Online applications

We process your personal data in accordance with the applicable data protection regulations on the basis of § 26 BDSG. We process the data that you give us in the context of your online application exclusively for the purpose of applicant selection. Data will not be processed for any other purpose.

You yourself determine the scope of the data that you would like to submit to us as part of your online application. Online applications are transmitted electronically to our personnel department where they are processed as quickly as possible. Transmission is encrypted. As a rule, applications are forwarded to the heads of the relevant specialist departments in our company. Beyond that, your data will not be passed on. Your information will be treated with confidentiality in our company. If your application is unsuccessful, your documents will be deleted after 6 months.

In the event that we may also consider your application in other or future job advertisements, please include a note to this effect on your application. We will then process your data on the basis of Art. 6 Par. 1 lit. a) GDPR.

  1. Facebook company page

We operate an official Facebook page under the URL https://www.facebook.com/nikfinearts/. We do not collect, store or process personal data of our users on this site at any time. Furthermore, no other data processing is carried out or initiated by us. The data you enter on our Facebook page, such as comments, videos or pictures, will never be used or processed by us for any other purpose.

Facebook uses the so-called web tracking methods on this page. Please be aware that Facebook may use your profile information to evaluate your habits, personal relationships, preferences, and so on. We have no influence on the processing of your data by Facebook. For more information, please see Facebook’s Privacy Policy.

  1. Links to other websites

In addition, you will find links to other websites on our site. As soon as you have reached this website via such a link, recognizable by the changed URL, we are no longer responsible within the meaning of the GDPR.

14. Return and Exchange Policy

We use cookies to better understand how the site is used and give you the best experience. By continuing to use this site, you consent to our Cookie Policy.

Thank you very much for your attention and interest in the art of Nik Tod.

All returns from the UK must be sent to our studio in London and all international returns to our office in London. Please contact us before making a return. We will provide you with the current address.

Customer satisfaction is our main goal. We will work with you to resolve any issue related to your order. We will do anything in our power to make you a happy customer and maintain your loyalty, regardless of what the situation is. Every situation, return or exchange will be handled on individual basis. However, we do have certain rules and guidelines for returns and exchanges.

· Returns are accepted only if you contact us and ship the artworks back within 7 days from the delivery date.

· Exchanges are accepted only if you contact us and ship the artworks back within 14 days from the delivery date.

· In case of a return, we will provide all the money back except of any shipping fees paid in the addition to the cost of the merchandise. Items with free shipping will be refunded completely.

· The money back can be provided back to your credit card or paypal account. We can also give you credit towards future purchases upon request instead of a refund. We do not do refunds by bank transfers unless you used such transfer to pay.

· You can exchange the painting for something else of the same value, if the desired painting is more expensive, you must pay the difference

· We will pay the cost of the return shipping only if you received a wrong or damaged painting. If you simply do not like the painting or wish to return for any other reason, you must cover the shipping return shipping expenses.

· If your order was shipped incomplete by mistake, please contact us and we will send the missing paintings ASAP. Sometimes paintings are sent in parts for safer transit.

·

If you order a custom made painting or a commission, you must pre- approved it before shipping. Returns of commissions are not accepted. Custom made paintings of portraits and specific people cannot be returned. If you are not happy with such order, we will refund part of the payment before expired 14 days term. Please note: commissioned artwork would not be entitled to a full refund due to being custom-made to your specific requirements.