Privacy policy

1. Introduction

This Privacy Policy explains how personal data is collected, used and protected when you visit david-pher.com, contact the David Pher Studio, inquire about an original artwork, purchase an artwork, subscribe to studio updates or otherwise interact with this website.

david-pher.com is the official website of contemporary artist David Pher, based in Berlin, Germany.

The protection of your personal data is taken seriously. Personal data is processed in accordance with applicable data protection laws, including the European Union General Data Protection Regulation (GDPR).

2. Data Controller

The controller responsible for the processing of personal data through this website is:

David Otterbein
David Pher Studio
Graefestr. 92
10967 Berlin
Germany

Email: info@david-pher.com

David Pher is the artist name of David Otterbein.

Complete legal contact information can also be found in the Legal Notice on this website.

3. Website Platform and Hosting

david-pher.com is operated using Shopify.

Shopify provides the technical ecommerce and website infrastructure required to operate david-pher.com and may process personal data in connection with visits, inquiries, transactions and other interactions with the website.

Shopify may process information including contact information, billing and shipping information, transaction information, device information, IP addresses and information about interactions with Shopify powered websites.

Further information about Shopify's processing of personal data is available in the Shopify Privacy Policy.

4. Personal Data We Collect

Depending on how you interact with david-pher.com and the David Pher Studio, personal data may include:

Your name, email address and telephone number, billing and shipping address, order and invoice information, payment related information, information provided in artwork inquiries or commission requests, communications with the studio, IP address, browser and device information, website usage and interaction data, cookie and consent information and information necessary for shipping, insurance and customs clearance.

Only personal data reasonably necessary for the relevant purpose is processed.

5. Purposes of Processing

Personal data may be processed to:

Respond to inquiries about original David Pher artworks, process purchases and payments, issue invoices, organize national and international artwork shipping, provide Certificates of Authenticity and maintain appropriate transaction documentation, communicate with collectors and customers, process commission inquiries, fulfil contractual obligations, comply with accounting, tax, customs and other legal obligations, prevent fraud and protect website security, improve david-pher.com and send newsletters or studio updates where legally permitted.

6. Legal Bases for Processing

Depending on the processing activity, personal data may be processed on one or more of the following legal bases:

Article 6(1)(a) GDPR where consent has been provided.

Article 6(1)(b) GDPR where processing is necessary to perform a contract or take steps at your request before entering into a contract.

Article 6(1)(c) GDPR where processing is necessary to comply with a legal obligation.

Article 6(1)(f) GDPR where processing is necessary for legitimate interests and those interests are not overridden by your fundamental rights and freedoms.

7. Artwork Inquiries and Purchases

When you inquire about or purchase an original artwork by David Pher, personal information provided by you is processed to respond to your inquiry, confirm availability, prepare an invoice, process the transaction and organize delivery.

Depending on the transaction, this may include your name, email address, telephone number, billing address, delivery address and information necessary for payment, shipping, insurance or customs clearance.

Information necessary for fulfilling the transaction may be shared with service providers involved in payment processing, accounting, shipping, insurance or professional fine art logistics.

8. Fine Art Shipping and Logistics

For the professional preparation and transportation of original artworks, relevant personal information may be shared with shipping providers, customs agents, insurers and professional fine art logistics partners where necessary to fulfil the purchase and deliver the artwork.

The David Pher Studio works with professional fine art logistics providers, including Oliver Schütz Fineart Spedition, for certain national and international artwork shipments.

Only information necessary for preparing, transporting, insuring and delivering the artwork or completing customs procedures is shared.

9. Payments

Depending on the selected payment method, payment related information may be processed by banks, payment service providers, Shopify or associated payment services.

The David Pher Studio does not necessarily receive or store complete payment card information when a payment is processed through an external payment provider.

The privacy policies of the respective payment providers may also apply.

10. Newsletter and Studio Updates

If you subscribe to the David Pher newsletter or studio updates, your email address and related subscription information are processed for the purpose of sending the requested communications.

Where consent is the applicable legal basis, you may withdraw your consent at any time.

An unsubscribe option is provided in marketing emails where required.

Withdrawal of consent does not affect the lawfulness of processing carried out before withdrawal.

11. Cookies and Similar Technologies

david-pher.com may use cookies and similar technologies necessary for the operation, security and functionality of the website.

Additional technologies may be used for analytics, preferences or marketing where permitted by applicable law and, where required, only after appropriate consent has been obtained.

Visitors can manage applicable privacy and cookie preferences through the consent options provided on the website.

Shopify itself uses cookies and other tracking technologies in connection with its services.

12. Analytics and Website Performance

Where enabled and legally permitted, website analytics may be used to understand how visitors interact with david-pher.com and to improve website performance, navigation and content.

Depending on the services configured on the website, analytics providers may process information such as IP addresses, device information, browser information and website interactions.

Where consent is legally required for these technologies, processing takes place only after the required consent has been obtained.

13. Service Providers and Recipients

Personal data may be shared with service providers where necessary for operating david-pher.com and providing requested services.

These may include Shopify and associated ecommerce infrastructure providers, payment service providers and banks, accounting and professional advisers, shipping carriers and fine art logistics providers, insurance providers, IT and website service providers, email and newsletter providers, analytics services where enabled and customs or government authorities where legally required.

Shopify notes that merchants may use additional third party services such as apps, payment gateways, sales channels and shipping providers.

Personal data is shared only where there is an appropriate legal basis and to the extent necessary for the relevant purpose.

14. International Data Transfers

Some service providers may process personal data outside Germany or the European Economic Area.

Where personal data is transferred outside the European Economic Area, appropriate safeguards required by applicable data protection law are used where necessary.

Shopify states that data relating to persons in the EEA may be received by its Irish affiliate and subsequently transferred to other Shopify locations and service providers, including in Canada and the United States, subject to applicable safeguards.

Further information is available in the Shopify Data Processing Addendum.

15. Data Retention

Personal data is retained only for as long as necessary for the purposes for which it was collected or as required by applicable law.

Different retention periods may apply to different categories of information.

Transaction, invoice, accounting and tax information may need to be retained for statutory periods. Inquiry, communication and marketing information may be deleted earlier when it is no longer required and no other legal basis for retention applies.

16. Data Security

Appropriate technical and organizational measures are used to protect personal data against unauthorized access, loss, misuse, alteration or disclosure.

No method of electronic transmission or storage can guarantee absolute security, but reasonable measures are taken to protect personal information in accordance with applicable legal requirements.

Shopify also maintains security measures for the infrastructure used to provide its services.

17. Your Data Protection Rights

Subject to applicable law, you may have the right to:

Access your personal data, correct inaccurate personal data, request deletion, restrict certain processing, object to certain processing, receive your data in a portable format where applicable and withdraw previously provided consent.

You also have the right to lodge a complaint with a competent data protection supervisory authority.

To exercise your rights regarding personal data processed by the David Pher Studio, please contact:

info@david-pher.com

18. Complaints

If you believe that your personal data has been processed in violation of applicable data protection law, you have the right to lodge a complaint with a competent supervisory authority.

You are also welcome to contact the David Pher Studio first so that your concern can be reviewed directly.

19. External Links

david-pher.com may contain links to independent external websites, including galleries, collaborators, logistics providers, social media platforms and Pher Prints.

External websites operate under their own privacy policies and data protection practices. The David Pher Studio is not responsible for the privacy practices of independent third party websites.

20. Changes to this Privacy Policy

This Privacy Policy may be updated from time to time to reflect changes to david-pher.com, service providers, legal requirements or data processing practices.

The current version published on david-pher.com applies.

21. Contact

For questions about this Privacy Policy or the processing of personal data through david-pher.com, please contact: