Vera Sant Fournier - Interiors Design Studio, processing controller of personal data under code regarding the protection of personal data (“Privacy Code”) – and EU Regulation 679/2016 applicable from 25 May 2018 – General Data Protection Regulation (“GDPR”) (from now onwards Privacy Code and GDPR are collectively referred to as “Applicable Regulations”) recognizes the importance of the protection of personal data and considers their protection one of the main objectives of their business.
Before communicating any personal data, Vera Sant Fournier - Interior Design Studio invites you as a user of the Site to read carefully this privacy policy (“Privacy Policy”), as it contains important information on the protection of personal data and on security measures adopted to guarantee confidentiality in full compliance with the Applicable Regulations.
This Privacy Policy also:
– is intended only for the sites www.verasantfournier.com, while it does not apply to other websites, it may be consulted via external links;
– is to be understood as a duty to inform set forth under art.13 of the Applicable Regulations to those who interact with the Site;
– complies with the Recommendation n. 2/2001 concerning the minimum requirements for online data collection in the European Union, adopted on 17 May 2001 by the Article 29 Working Party (WP 43).
Vera Sant Fournier - Interior Design Studio informs you that the processing of personal data will be based on the principles of lawfulness, correctness, transparency, purpose and retention limits, data minimization, accuracy, integrity and confidentiality. Personal data will therefore be processed by the legislative provisions of the Applicable Regulations and the confidentiality obligations laid down therein.
1. CONTROLLER
According to the Applicable Regulations, the data controller of the Site is Vera Sant Fournier - Interior Design Studio.
2. PERSONAL DATA
“Personal Data” means any information concerning an identified or identifiable physical person with particular reference to an identifier such as a name, an identification number, location data, an online identifier or one or more characteristic elements of its physical, physiological, psychological, economic, cultural or social identity.
In particular, the Personal Data collected by the Site are as follows:
a. Navigation data
The computer systems and software procedures used to operate this website acquire, during their normal operation, some personal data whose transmission is implicit in the use of Internet communication protocols. This is information that is not collected to be associated with identified interested parties, but which by their very nature could, through processing and association with data held by third parties, allow users to be identified.
This category of data includes IP addresses or domain names of the computers used by users connecting to the site, the addresses in the Uniform Resource Identifier (URI) of the requested resources, the time of the request, the method used to submit the request to the server, the size of the file obtained in response, the numerical code indicating the status of the response given by the server (success, error, etc.) and other parameters relating to the operating system and the user’s computer environment.
These data are used for the sole purpose of obtaining anonymous statistical information on the use of the site, to check its correct functioning, to allow the correct provision of the various functions requested by the user, for reasons of security and to ascertaining responsibility in case of IT crimes to the detriment of the Website or third parties. These data are deleted after one month.
b. Data provided voluntarily by the user
Through the Site, the user can voluntarily provide Personal Information such as the name and e-mail address for subscribing to the newsletter service or to contact the owner through the “Contact Us” form. Vera Sant Fournier - Interior Design Studio will process these data in compliance with the Applicable Regulations, assuming that they are referred to the user or to third parties who have expressly authorized him to provide them. Concerning these hypotheses, the user stands as an independent data controller, assuming all the legal obligations and responsibilities. In this sense, the user confers the widest indemnity concerning any objection, claim, request for compensation for damage from treatment, etc. that should reach Vera Sant Fournier - Interior Design Studio from third parties whose Personal Data have been processed through the use of the Website made by the user in violation of the Applicable Regulations.
c. Cookies and similar technologies
Vera Sant Fournier - Interior Design Studio collects Personal Data through cookies.
Cookies are text files that are stored on the computers of web users to enable their secure and efficient browsing of the website and to monitor its use. Vera Sant Fournier - Interior Design Studio's website uses two types
of technical cookies: session cookies for the validation (online services and restricted areas), and persistent cookies (Google Analytics); Vera Sant Fournier - Interior Design Studio website does not use the cookies technology.
a) Session cookies (necessary for the use of online services and to access the website’s restricted areas)
This website uses session cookies for the validation of online services and restricted areas. The use of session cookies (which are stored only temporarily in the browser’s memory, and are
destroyed when it is closed down) is strictly limited to the transmittal of session credentials (random numbers generated by the server) required for secure and efficient browsing. By blocking these cookies, you will not be allowed to use the online services.
b) Persistent cookies
Persistent cookies can be blocked without consequences on https://www.verasantfournier.com website browsing: please check the next paragraph to see how to manage these cookies.
The Vera Sant Fournier - Interior Design Studio website uses Google Analytics, a web analysis service provided by Google, Inc. to check which pages are visited more often, how long users remain on those pages, and their geographical area. The information obtained through Google Analytics cookies is treated for statistical purposes only, and it is rigorously anonymous. In particular, the users’ IP address is anonymized by adding the following code: ‘ga(‘set’, ‘anonymizeIp’, true), which is provided by Google. Besides, in consideration of the data processing policy published by Google on https://www.google.com/analytics/learn/privacy.html?hl, we have disabled all data sharing options to prevent any further use. By browsing this site, the user allows Google to process his/her data according to the methods and purpose mentioned above. The data transmitted to Google are stored on the Google servers in the United States of America. Please check https://www.google.com/analytics/learn/privacy.html?hl for any further information on the use of data and their processing by Google. The user can selectively disable the various Google Analytics actions by installing the specific component supplied by Google (opt-out).
b.1) Disabling cookies (opt-out)
You can refuse your consent to the use of cookies by selecting the options on your browser. Please find below the link to cookies settings on the most popular browsers (should you use any other browsers than those listed below, please look for this option in the software help session by pressing F1):
Internet Explorer: http://windows.microsoft.com/it-IT/windows7/Block-enable-or-allow-cookies/ GoogleChrome: https://support.google.com/chrome/answer/95647?hl=it-IT&p=cpn_cookies/ MozillaFirefox: https://support.mozilla.org/it/kb/Bloccare i cookie?redirectlocale=en- US&redirectslug=Blocking+cookies/
Apple Safari: http://www.apple.com/legal/privacy/it/cookies/
Alternatively, you can decide to disable only the Google Analytics cookies by using the opt-out add-on provided by Google for the main browsers.
3. PURPOSES, LAWFUL BASIS AND NECESSARY OR OPTIONAL NATURE OF THE TREATMENT
The Personal Data provided by the user will be processed by Vera Sant Fournier - Interior Design Studio for the following purposes:
a) purposes related to the execution of a contract of which the user is a party or for the execution of pre-contractual measures taken at the request of the same (e.g. a contact request via the Contact form, etc.);
b) subscription to the Newsletter information and promotional service;
c) purposes of statistical research/analysis of aggregated or anonymous data, without the possibility of identifying the user, aimed at measuring the functioning of the Website, measuring traffic and evaluating functionality and interest;
d) purposes related to the fulfilment of a legal obligation to which Vera Sant Fournier - Interior Design Studio is subject;
e) purposes necessary to ascertain, exercise or defend a right in court or whenever the jurisdictional authorities exercise their jurisdictional duties;
The lawful basis of the processing of Personal Data for the purposes referred to in point a) is the provision of a service or the reply to an explicit request of the user who does not require consent under the Applicable Regulations.
The lawful basis of the processing of Personal Data for the purposes referred to in point b) is the consent freely expressed by the user who wishes to subscribe to our Newsletter service and promotional offer. Under the Applicable Regulations, consent to the processing of the aforesaid data is necessary as they are collected outside of previous contractual agreements and for the sending of newsletters concerning commercial and promotional communications. The consent is freely revocable by the user.
The purpose referred to in points c) does not involve the processing of Personal Data, while the purpose referred to in points d) and e) represents a legitimate processing of Personal Data under the Applicable Regulations as, once the data have been provided, Personal data processing is necessary to fulfil a lawful obligation to which Vera Sant Fournier - Interior Design Studio is subject.
The provision of Personal Data for the purposes listed above is optional, but their eventual non- conferment could make it impossible to find a request made by the user, register the newsletter service or fulfil a legal obligation to which Vera Sant Fournier - Interior Design Studio is subject.
4. RECIPIENTS
The Personal Data provided by the user may be shared, for the purposes specified in point 3, with:
a) subjects necessary to the provision of the services offered by the Site, including but not limited to sending e-mails and analyzing the operation of the Site, that typically act as controllers for Vera Sant Fournier - Interior Design Studio
b) persons authorized by Vera Sant Fournier - Interior Design Studio to the processing of Personal Data that have committed to confidentiality or have an appropriate legal obligation of confidentiality; (e.g. employees and collaborators of Vera Sant Fournier - Interior Design Studio); (a and b are collective “Recipients”);
c) jurisdictional authorities in the exercise of their functions when required by the Applicable Regulations.
5. PORTABILITY
Some of the Personal Data provided by the user can be transferred to Recipients that could be found outside the European Economic Area. Vera Sant Fournier - Interior Design Studio ensures that in this case, the electronic and paper processing of the Personal Data by the Recipients takes place in compliance with the Applicable Regulations. In such cases, the transfers are based on an adequate decision.
6. DATA RETENTION
Vera Sant Fournier - Interior Design Studio will process the Personal Data for the time strictly necessary to achieve the purposes indicated in point 3. By way of example, Vera Sant Fournier - Interior Design Studio will process the Personal Data for the Newsletter service until the user decides to unsubscribe from the service. Without derogating from the foregoing, Vera Sant Fournier - Interior Design Studio will process Personal Data up to the time allowed by Maltese law to protect its interests. More information about the retention period of Personal Data and the criteria used to determine this period can be
requested by writing to studio@verasantfournier.com
7. RIGHTS OF THE INTERESTED PARTY
Within the limits of the Applicable Regulations, the user has the right to ask Vera Sant Fournier - Interior Design Studio, at any time, access to their Personal Data, to rectify or cancel them or to object to their treatment, limitation of processing and to obtain the data concerning him in a structured format, in common use and readable by an automatic device.
Requests should be sent via e-mail to the address: studio@verasantfournier.com
Under the Applicable Regulations, the user has in any case the right to complain to the competent supervisory authority (Information Commissioner’s Office) if he considers that the processing of his Personal Data is contrary to the current legislation.
8. MODIFICATIONS
This Privacy Policy is effective from 09/04/2018. Vera Sant Fournier - Interior Design Studio reserves the right to modify or simply update its content, in part or completely, also due to changes in the Applicable Regulations. They will be binding as soon as they are published on the Website: Vera Sant Fournier - Interior Design Studio therefore invites you to regularly visit this section to get the latest and updated version of the Privacy Policy and so that the user is always updated on the data collected through the Website and on the use that Vera Sant Fournier - Interior Design Studio makes of it.
CLIENTS/SUPPLIERS' INFORMATION
1. DATA CONTROLLER
According to the Applicable Regulations, the data controller is Vera Sant Fournier - Interior Design Studio
2. PERSONAL DATA AND TREATMENT OF
“Personal Data” means any information concerning an identified or identifiable physical person with particular reference to an identifier such as a name, an identification number, location data, an online identifier or one or more characteristic elements of its physical, physiological, psychological, economic, cultural or social identity.
“Special Category Data” means personal data revealing the racial and ethnic origin, religious or political convictions, or trade union membership, as well as genetic and biometric data, data related to health or sex life or sexual orientation of the person.
“Criminal Offence Data” means personal data relating to criminal convictions and offences or related security measures.
By “treatment” we mean any operation or set of operations, performed with or without the aid of automated processes and applied to personal data or set of personal data, such as collection, registration, organization, structuring, retention, adaptation or modification, extraction, consultation, use, communication by transmission, diffusion or any other form of making available, comparison or interconnection, limitation, cancellation or destruction.
DATA PROCESSING PLACE
Data processing takes place at the aforementioned headquarters of the controller, at the operational offices and identified third parties.
TYPES OF DATA PROCESSED
The processing relates to personal and identification data provided voluntarily by the interested party (but not limited to name, surname, address, VAT number, tax code, landline or mobile phone number, e-mail address, bank account details, etc.).
PURPOSES, LAWFUL BASIS AND NECESSARY OR OPTIONAL NATURE OF THE TREATMENT
Personal data voluntarily provided will be processed by the data controller for the following purposes:
A. Administrative and accounting. For the application of the provisions regarding the protection of personal data, the processing performed for administrative-accounting purposes are those related to the performance of organisational, administrative, financial and accounting activities, regardless of the nature of the data processed. In
particular, these objectives pursue internal organisational activities, those functional to the fulfilment of contractual and pre-contractual obligations, the management of the employment relationship in all its phases, the keeping of accounting and the application of the rules on tax matters, trade union, social security, health, hygiene and safety at work.
B. Registration to the site. If the interested party requests it (Customer /
Supplier / Agent), your data will be processed for the assignment of the identification codes necessary to allow registration to the site and use the services reserved for registered users, including the possibility of making an online purchase, allowing the finalisation of the purchase contract, the correct execution of transactions and after-sales
assistance. The identification codes assigned to the Customer are necessary to access the reserved area of the site and proceed with online purchase operations. These codes are communicated only to the Customer and can be shared, if necessary for service reasons, only with an internal staff of the IT office responsible for managing the site, or by external agents who may collaborate in the maintenance of the site itself.
C. Information and promotions. The use of e-mail information provided by the customer in the context of the sale of a product or service for the direct sale of their products or services is allowed to send information and newsletters. The interested party, at the time of collection and at the time of sending each communication, is informed of the possibility of opposing the treatment at any time, easily and free of charge. To unsubscribe from the mailing list it will be sufficient to write at any time an e-mail to the e-mail address studio@verasantfournier.com or by mail to the physical address of the controller indicated above (location) with the subject “unsubscribe from mailing list”.
With particular reference to the identification data freely given by the visitors to our offices (name, surname, institution or company), the treatment has the exclusive purpose of ensuring compliance with the corporate security procedures formally applied, even in force of current regulations (e.g. annotation in the
register/visitors database, assignment of temporary identification badge, applications of legal obligations in the field of occupational safety).
METHOD OF DATA TREATMENT/RETENTION
The processing will be carried out in an automated and manual manner, with methods and instruments aimed at guaranteeing maximum security and confidentiality, by authorised persons appointed and in charge of processing by the Applicable Regulations. The data will be stored for a period not exceeding the purposes for which the data were collected and subsequently processed, and in any case in a constant contractual or commercial relationship.
SCOPE OF COMMUNICATION AND PORTABILITY
The data will not be transferred unless the explicit authorisation of the interested party is released upon the consent form. The data may be transferred to companies contractually linked to the Data Controller and, where necessary, also to individuals inside and outside the European Union, by and within the limits of the Applicable Regulations. The data may be disclosed to third parties belonging to the following categories:
– persons who provide services for the management of the information system used by the Data Controller and the telecommunications networks, and who deal with maintenance and technical support (including e-mail and the newsletter service);
– persons and organisations that collaborate with the Data Controller to carry out training courses, by way of example: teachers, professional training associations;
– freelancers, firms or companies in the context of assistance and consultancy;
– persons who carry out checks, audits and certification of the activities carried out by the Data Controller;
– competent authorities for the fulfilment of obligations of laws and/or provisions of public bodies, upon request of the same.
The identification data processed in the application of the corporate security procedures are not subject to disclosure, except for explicit and specific requests potentially made by the competent judicial and investigative Authorities.
The subjects belonging to the aforesaid categories perform the function of Data Processor or operate in complete autonomy as separate Data Controllers. The list of processors is constantly updated and available on request from the Data Controller.
Any further communication or disclosure will take place only with the explicit consent of the interested party.
Furthermore, during the ordinary processing activities, they will be able to access personal and identifying data and therefore the subjects expressly designated by the writer (authorized processors as per their profiles) will be aware of it.
NATURE OF PROVISION AND REFUSAL
About the data that we necessarily need to process to fulfil the obligations arising from existing contracts, and the obligations provided for by laws, regulations, Community legislation, or provisions issued by the Authorities legitimated by the law and by supervision and control authorities, failure to provide such data will make it impossible to establish or continue the relationship, within the limits in which such data are necessary for the execution of the same. The provision of data to allow the controller to send commercial communications is optional; the interested party can refuse the treatment at any time by exercising the rights provided for by the Applicable Regulations in the forms and methods indicated herein.
The controller also states that any non-communication, or incorrect communication, of any mandatory information, has the following consequences:
– the impossibility of the controller to guarantee the adequacy of the treatment itself to the contractual agreements for which it is performed;
– possible correspondence of the results of the treatment to the obligations imposed by the fiscal, administrative and civil law to which it is addressed.
RIGHT OF ACCESS TO PERSONAL DATA AND OTHER RIGHTS
Finally, we inform you that at any time you can exercise your rights towards the data controller under the Applicable Regulations, to obtain confirmation of the existence or otherwise of the data, to know its content and origin, to verify its accuracy, to ask for integration, updating, or correction.
Upon the occurrence of the conditions outlined in the Applicable Regulations, you have the right to request cancellation, processing restriction, portability, and to object, for legitimate reasons, to their treatment.
Requests should be sent via e-mail to the address: studio@verasantfournier.com
Under the Applicable Regulations, the individual has in any case the right to complain to the competent supervisory authority (Information Commissioner’s Office) if he considers that the processing of his Personal Data is contrary to the current legislation.
MODIFICATIONS
This Privacy Policy is effective from 09/04/2018. Vera Sant Fournier - Interior Design Studio reserves the right to modify or simply update its content, in part or completely, also due to changes in the Applicable Regulations.
DESIGNER: the ‘Designer’ shall mean Vera Sant Fournier who has been engaged to prepare and execute the design of a project in line with the request of the Client;
CLIENT: the ‘Client’ shall mean the person/s or legal person as described overleaf who hereby agree/s to the terms and conditions contained herein. For the purposes of this agreement, where the Client is a limited liability company or another legal person, the representative signing this agreement shall be deemed to be signing on behalf of the Client;
DESIGN: the ‘Design’ shall mean any and all visual plans, depictions and/or schematics as requested by the Client and executed by Vera Sant Fournier for the purposes of the Project;
DESIGN FEE: the ‘Design Fee’ shall mean the fee due to Vera Sant Fournier for the plans, depictions and/or schematics as indicated in the approved design quote.
PROJECT: the ‘Project’ shall mean the execution of the design as requested by the Client from Vera Sant Fournier. The Open Plan Series is for a space of no more than an average Open Plans Space of 60m2 (in Malta) any additional m2 shall be billed at €50.00 excluding VAT.
SITE: the ‘Site’ shall mean the moveable or immovable property forming the subject of this agreement, which the Client entrusts to Vera Sant Fournier for the purposes of design only.
REVISION/AMENDMENT: any ‘Revision’ or ‘Amendment’ to visual plans, depictions and/or schematics requested by the Client following the signing of plans provided and following the signing of this agreement may be refused by Vera Sant Fournier following acceptance thereof, a Revision or Amendment shall be executed by Vera Sant Fournier and charged at the rate of one hundred Euro (€50.00) per hour excluding value-added tax; Online Packages have one set of changes included in the package. Any additional revisions shall be billed at €50.00 per hour excluding expense and value-added tax.
COMPLETION DATE: the ‘Completion Date’ shall mean the estimated and probable date of completion of the Project; which cannot be guaranteed. This also applies to online packages.
DELAYS: the Client understands and agrees that any ‘Delay’ on the part of the Client and/or Contractor and/or Supplier in delivering any information, service, product or supply or any other requirement of Vera Sant Fournier shall hinder and delay the proper performance of Vera Sant Fournier, and in this sense, the Client further agrees not to hold Vera Sant Fournier and/or any of its employees responsible for any resultant delay or damage ensuing therefrom;
APPROVAL: The Designer may request the ‘Approval’ of the Client for any and all visual plans, depictions and/or schematics before commencing or furthering any designs by appropriate signing off of documents the Designer may send / request, approvals are required within 24 hours, should the client fail to submit the approvals Vera Sant Fournier cannot guarantee the timeframe of the project or work she can provide.
CLIENT RESPONSIBILITY: the Client shall provide the Designer with any relevant information requested, be readily available for consultative meetings, provide easy access to the Site, and facilitate (where required) communication with other professionals or third parties nominated/engaged by the Client; The client shall provide Vera Sant Fournier with the ACAD file of the site (where possible, as-built) - should the client require a draughtsman to survey the site, the client shall pay additional costs for this service.
PAYMENT: The Client shall present ‘Payment’ of fees and costs plus value-added tax to the Designer in full in advance online.
CERTIFICATION: Upon completion, and where required / applicable, the Designer shall do all that is required for the proper ‘Certification’ of the Project to confirm its completion;
TERMINATION: Where the client cancels the online package under the terms of this agreement, all payments shall be due, including all design fees, taxes and expenses the designer may have incurred for the benefit of the project terms of this agreement shall be paid in full and shall be deemed to be certain, liquid and due in terms of Article 166(A) of Chapter 12 of the Laws of Malta; No refunds shall be due - the client can transfer the package, but the timeframe for the project shall be determined by the designer.
PROPRIETARY RIGHTS: following Payment in full, Proprietary Rights of the Design shall be automatically transferred to the Client - intellectual property remains that of the Designer – this notwithstanding, the Designer may present the Design in any journalistic or commercial publication depicting the Design or the Project (including photo/video-graphic presentations of the processes involved in the Project and completion thereof; where the Client elects to present the Design in any journalistic or commercial publication depicting the Design or the Project (including photo/video-graphic presentations depicting the processes involved in the Project and completion thereof, the Client shall clearly identify the official and commercial identity of the Designer and provide credit thereto; A project photoshoot with the photographer chosen by the designer is mandatory after the project competition or near completion, the designer reserves the right to upload to social media images taken of the ongoing works done to social media platforms of choice. Should a photoshoot be denied Vera Sant Fournier reserves the right to issue a bill with a value of up to €4,000.00 (depending on the scale of the project) to the client for the loss of potential new projects by not having the project in this agreement documented by one or all means stated in this clause.
EXPERTS: ‘Experts’ shall mean and include architects, structural/mechanical/electrical/acoustical/lighting engineers, and where required, these shall be engaged by the Designer on behalf of the Client with fees and costs thereof being extraneous to the Project Cost;
STATUS: the Client has engaged the Designer as an independent contractor and nothing in this agreement or further to shall be construed as forming any other relationship or Status – this agreement shall be binding on the parties, heirs thereof and/or successors in the title including assignees;
ASSIGNMENT: This agreement shall not be assigned by either party without the written consent of the designer.
WAIVER; the waiving of any clause or condition in this agreement shall be made in writing and shall not be construed as extending to any other clause or condition in this agreement or any other stipulated arrangement; This agreement can be further updated without any notice and such updated clauses shall be valid for the signatory and Client.
LAW/JURISDICTION: this agreement shall be governed by the Laws of Malta – where any dispute arises, the parties shall endeavour to settle the same dispute amicably. Where no solution can be found the matter shall be referred to the Courts of Malta;