In force on 15 may 2020
This policy is drafted in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal Data and on the free movement of such Data (hereinafter the "GDPR"), and in accordance with the provisions of French Data Protection Act n°78-17 of 6 January 1978 amended by Act n°2018-493 of 20 June 2018 (hereinafter the « French Data Protection Act ».
User: means any natural person which makes any of the following activity:
Website: means the website published by the Controller at the following URL address: https://www.staamup.com
Data: means the User Data collected through the Website for the purposes detailed below.
Controller: The company Simon & Colin’s, a simplified stock company, whose registered quarters are located at 679 avenue de la République, 59 000 LILLE, registered before the French Commercial Register of Lille, under number 883 294 241, represented by Mr. Ludovic SIMON, duly empowered for this purpose.
Organiser: means the natural or legal person, represented by its legal representative or any person duly empowered, public or private, acting as a professional, which means the individual who acts for purposes that fall within the scope of the commercial activity, or any association whose activity is the organisation of events, who registered on the Marketplace to allow Artists to participate at the Event promoted by the Organiser by responding to Calls for Application.
Artists: refers to visual artists who create works in the following artistic fields: photography, painting, sculpture, collages, etc., and are individuals who have passed the age of eighteen (18) years, or are represented by their legal guardian, and who register on the Marketplace in order to be able to respond to the Calls for Applications in the context of their professional activities or for leisure purposes.
Calls for Application: refers to the advertisements promoted on the Marketplace by the Organisers and to which the Artists may respond in order to be selected to participate in the Event. The Calls for Applications are open for a certain period. The start and end dates to apply are specified in the advertisement.
Events: means the events organised by the Organisers to which the Artists may participate after having responded to a Call for Applications and only if they have been selected by the Organiser.
Platform: means the Marketplace published on the present Website under the commercial name «Staam up», allowing the connection between the Artist and the Organisers.
The User may contact the Controller by oral or written means as explained in article 6 below in order to exercise his/her rights in relation to their Data.
The Controller implements the processing of personal Data in accordance with the provisions of the GDPR and the French Data Protection Act.
The controller, who is the person the User may contact, is: Mr. Ludovic SIMON.
4.1 Collected Data
Regarding the Artists:
Regarding the Organisers:
In the event that the Organiser wishes to create an Event for which he or she wishes to collect Entry Fees, the Organiser shall also be required to provide the following additional information:
Regarding Users that require information from the Platform:
4.2 Place of collection:
The Data are collected directly by the Controller on this Website when the User:
4.3 Purposes of the Processing:
The Processing is implemented:
Users’ Data are collected on the following legal basis:
As a result, and in accordance with Article 6 of the GDPR, from the moment the User creates an account on the Website or contacts the Controller, he/she consents to the use of his/her Data in order to allow the Controller to execute the service or answer to his/her request.
The Data are kept for the duration of the contractual relationship between the User and the Controller.
The Data are deleted from the Website as soon as the User has deleted his/her account.
Afterwards, the Artist’s Data shall be deleted from the Marketplace files within THIRTY (30) Days from the date of the last Event to which the Artist have participated.
The Organiser's Data shall be deleted from the Marketplace files within THIRTY (30) Days from the date of the last Event carried out by the Organiser.
The User’s Data shall be archived for reasons of legal certainty, particularly in the context of litigation for the establishment, exercise or defense of the legal rights of each of the Parties.
The User’s Data relating to order management, invoicing and payment are kept for a period of 10 years from the end of the contractual relationship.
In accordance with the provisions of article 14 of the GDPR, the User is informed that he/she has the following rights in relation to his/her own Data:
The exercise of all the aforementioned rights is exercised by the User directly with the Controller by writing to the Controller at the following email address: email@example.com in enclosing the copy of his/her ID Card.
The Controller undertakes to take all appropriate measures to ensure the security and confidentiality of the Data whether it is at the time of Data collection on the Website or while processing the Data within its information system.
On the Website, the Data collection are secured by means of the https protocol.
In the same way, the Controller ensures the security of the Data contained in its files so that no unauthorised third party can have access to both the level of computer security and the physical security of its premises.
9.1 Défintion of cookies
Cookies are small files that are deposited on the User's terminal when he/she visits a website. Cookies may be deposited by the Controller or by third parties’ websites as social networking sites.
Article 32-II of the French Data Protection Act which provides that tracers (cookies and others) requiring the prior consent of the User may not be deposited or read on the terminal of the User until s/he has given his/her consent.
However, an exception to the User's prior consent is provided by the directive with respect to storage or technical access which exclusively intends to effect or facilitate the transmission of a communication, which is strictly necessary for the provision of a service of the information society and expressly requested by the User. These include cookies technical allowing to ensure security and an optimal navigation on the Website.
The consent of the User is valid for a period of THIRTEEN months.
9.2 Type of cookies used and consent of the User:
As soon as the User browses the Website, cookies are used for the purposes detailed below for each type of cookie.
With the exception of technical cookies, the User may disable these cookies. The User may accept or reject them on a case-by-case basis or refuse all cookies at one time.
The Controller does not transfer the Date outside the French territory.
However, due to the necessity of treatment of his/her response to a Call for application, the Artist communicates his/her Data to the Organisers, who may be located in any country. As a result, the Artist may directly contact the Organiser in order to exercise his/her rights over his/her Data.
The Artist is informed that some countries do not have the same levels of rights and guarantees on the protection of personal data as the protection offered by European rules.
This Policy is drafted in accordance with the GDPR and the French Data Protection Act provisions.
Any dispute relating to the interpretation and execution of this Policy shall be subject to these texts.
However, in the event of a dispute and with regard to the provisions of Regulation No. 593/2008 of 17 June 2008 on the law applicable to contractual obligations (known as the Rome I Regulation), this choice of law may not result in depriving the User of the protection afforded by the provisions to which it may not be derogated from by virtue of the law that would have been applicable in the absence of choice of law.
The User is informed that he/she can lodge a complaint with the French Data Protection Authority (CNIL). He/she may also contact his/her local Data protection authority.
Failing to find an amicable solution, all disputes concerning both their validity, their interpretation, their execution, their termination, their consequences shall be submitted to the competent courts with regard to Article 17 of the Regulation (EU) No 1215/2012 of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I bis recast Regulation).