Kunstmuseum Bern Infinite
Version as of May 9, 2023
In this privacy statement, we, Kunstmuseum Bern Infinite, explain how we collect and otherwise process personal data. This is not an exhaustive description; if necessary, other data protection declarations [or general terms and conditions, conditions of participation, and similar documents] regulate specific matters. Personal data means all information that relates to an identified or identifiable person.
The responsible party for the data processing activities we describe here is Kunstmuseum Bern [unless otherwise stated in the individual case]. If you have any data protection concerns, you can send them to us at the following contact address: email@example.com.
Collection and processing of personal data
We primarily process the personal data that we receive from our customers and other business partners during our business relationship with them and other persons involved in it, or that we collect from their users in the operation of our websites, apps, and other applications.
To the extent permitted, we also take certain data from publicly accessible sources (e.g. debt collection registers, land registers, commercial registers, press, internet) or receive such data from other companies within the Kunstmuseum Bern Infinite, from public authorities and other third parties (such as [credit reporting agencies,] [address dealers]). In addition to the data about you that you give us directly, the categories of personal data that we receive about you from third parties include, in particular, information from public registers, information that we learn in connection with official and legal proceedings, information about your professional functions and activities (so that, for example, we can (so that we can, for example, conclude and process transactions with your employer with your help), information about you in correspondence and meetings with third parties, creditworthiness information (insofar as we process transactions with you personally), information about you that people close to you (family, advisors, legal representatives, etc.) give us so that we can conclude or process contracts with you or with the involvement of you (e.g. References, your address for deliveries, powers of attorney, information on compliance with legal requirements such as anti-money laundering and export restrictions, information from banks, insurance companies, sales and other contractual partners of ours on the use or provision of services by you (e.g. payments made, purchases made), information from the media and Internet about you (where this is appropriate in the specific case, e.g. in the context of a job application, press releases, etc.). e.g. in the context of an application, press review, marketing/sales, etc.), your addresses and, if applicable, interests and other sociodemographic data (for marketing), data in the context of the use of the website (e.g. IP address, MAC address of the smartphone or computer, information about your device and settings, cookies, date and time of visit, pages, and content accessed, functions used, referring website, location information).
Purposes of data processing and legal basis
We use the personal data collected by us primarily to conclude and process our contracts with our customers and business partners, so in particular in the context of, the presentation and mediation of digital art with our customers and the purchase of products and services from our suppliers and subcontractors, as well as to comply with our legal obligations at home and abroad. If you work for such a customer or business partner, your personal data may of course also be affected in this capacity.
Furthermore, we process personal data of you and other persons, to the extent permitted and deemed appropriate, also for the following purposes, in which we (and sometimes third parties) have a legitimate interest corresponding to the purpose:
Of personal data as well as measures for business management and to the extent necessary to comply with legal and regulatory obligations as well as internal regulations of Kunstmuseum Bern Infinite.
Insofar as you have given us consent to process your personal data for specific purposes (for example, when you register to receive newsletters or carry out a background check), we process your personal data within the scope of and based on this consent, insofar as we have no other legal basis and we require such a basis. Consent given can be revoked at any time, but this has no effect on data processing that has already taken place.
4. Cookies / Tracking and other technologies in the context of using our website
On our websites [and apps], we typically use "cookies" and similar technologies that can identify your browser or device. A cookie is a small file that is sent to your computer or stored automatically on your computer or mobile device by the web browser when you visit our website [or install the app]. When you revisit this website [or use our app], we can recognize you even if we don't know who you are. In addition to session cookies that are used only during a session and deleted after your website visit ("session cookies"), cookies can also be used to store user settings and other information for a specific period (e.g., two years) ("persistent cookies"). However, you can configure your browser to reject cookies, store them only for a session, or delete them prematurely. Most browsers are set to accept cookies by default. We use persistent cookies [to store user settings (e.g., language, autologin)][to better understand how you use our offerings and content] [and] [to show you personalized offers and advertisements (which may also happen on websites of other companies; however, they do not know who you are unless we know it ourselves because they only see that the same user who was on our website is also on their website)]. [Some of the cookies are set by us, and some are set by contract partners we work with.] Blocking cookies may result in certain functionalities (such as language selection, shopping cart, order processes) not working anymore.
[In our newsletters and other marketing emails, we partially include visible and invisible image elements, which, when retrieved from our servers, allow us to determine if and when you have opened the email, so that we can measure and better understand how you use our offerings and tailor them to you. You can block this in your email program; most are set up to do so by default.]
If persistent cookies or other tracking technologies are used (adjust the text accordingly depending on the situation):
Using our websites[, apps], and consenting to receive newsletters and other marketing emails, you agree to the use of these technologies. If you do not wish to do so, you must adjust your browser or email program settings accordingly [or uninstall the app if it does not allow for such adjustments through settings].
If Google Analytics or other statistical services are used, which do not receive personal data (such as email addresses):
We occasionally use Google Analytics or similar services on our websites. This is a third-party service that may be located in any country worldwide (in the case of Google Analytics, it is Google Ireland, located in Ireland; Google Ireland relies on Google LLC, located in the USA, as a data processor; both referred to as "Google," www.google.com). With these services, we can measure and evaluate website usage (non-personally identifiable) data. Permanent cookies are also used by the service provider. We have configured the service to truncate the IP addresses of visitors from Europe before transmitting them to the USA, thereby preventing their direct identification. We have disabled the "Data Sharing" and "Signals" settings. Although we believe that the information we share with Google does not constitute personal data, it is possible that Google may draw conclusions about the identities of visitors, create personal profiles, and link this data to their respective Google accounts for its own purposes. If you have registered with the service provider directly, they will also have knowledge of you. The processing of your personal data by the service provider will then be governed by their own privacy policies. The service provider only informs us about how our respective website is used (no personal information about you is provided).
If social media plugins are used:
On our websites, we also use plugins from social networks such as Twitter, YouTube, Pinterest, or Instagram. This is visible to you (typically through corresponding symbols). We have configured these elements to be deactivated by default. If you activate them (by clicking on them), the operators of the respective social networks may register that you are on our website and collect this information for their own purposes. The processing of your personal data will then be governed by the responsibility of these operators, according to their own privacy policies. We do not receive any information about you from them.
5. Data Sharing and Transfers to Foreign Countries
As part of our business activities and the purposes outlined in section 3, we may disclose information to third parties, where permitted and deemed appropriate. This may be due to their processing the information on our behalf or for their own purposes. This particularly concerns the following entities:
Service providers working for us (both within Kunstmuseum Bern Infinite and externally, such as banks, insurance companies), including data processors (such as IT providers);
These recipients are partly located domestically but can be anywhere in the world. You should expect your data to be transferred to all countries where the XXX Group is represented by group companies, branches, or other offices ([LINK TO LIST]), as well as to other countries in Europe and the United States where the service providers we use are located (such as [Microsoft], [SAP], [Amazon], [Salesforce.com]).
If a recipient is located in a country without adequate legal data protection, we contractually obligate the recipient to comply with applicable data protection laws (for this purpose, we use the revised standard contractual clauses of the European Commission, which can be found here: https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj?), unless they are already subject to a legally recognized framework for ensuring data protection and we cannot rely on an exemption provision. An exemption may apply, in particular, in cases of legal proceedings abroad, as well as in cases of overriding public interests, contractual processing requiring such disclosure, your consent, or when it concerns data made generally accessible by you and to which you have not objected.
6. Duration of Personal Data Retention
We process and store your personal data for as long as necessary to fulfill our contractual and legal obligations or the purposes pursued with the processing. This means, for example, for the duration of the entire business relationship (from initiation, execution to termination of a contract) and beyond, in accordance with legal retention and documentation obligations. It is possible that personal data may be retained for the period during which claims can be asserted against our company, as well as when we are otherwise legally obligated or have legitimate business interests to do so (e.g., for evidentiary and documentation purposes). Once your personal data is no longer necessary for the aforementioned purposes, it will generally be deleted or anonymized to the extent possible. For operational data (e.g., system logs), shorter retention periods of twelve months or less apply.
1. Data Security
We implement appropriate technical and organizational security measures to protect your personal data against unauthorized access and misuse, such as [issuing instructions], [training], [IT and network security solutions], [access controls and restrictions], [encryption of data carriers and transmissions], [pseudonymization], [audits].
2. Obligation to Provide Personal Data
In the context of our business relationship, you must provide the personal data that is necessary for initiating and conducting a business relationship and fulfilling the associated contractual obligations (you generally have no legal obligation to provide us with data). Without this data, we will generally not be able to enter into or fulfill a contract with you (or the entity or person you represent). The website also cannot be used if certain information necessary for ensuring data traffic (such as IP address) is not disclosed.
3. Profiling and Automated Decision Making
We partially process your personal data in an automated manner with the aim of evaluating certain personal aspects (profiling). We use profiling in particular to provide targeted information and advice on products. For this purpose, we use evaluation tools that enable us to carry out demand-oriented communication and advertising, including market and opinion research.
[For the establishment and execution of the business relationship, as well as in general, we do not use fully automated decision-making processes (as regulated, for example, in Article 22 of the GDPR). If we use such procedures in individual cases, we will inform you separately if required by law and provide information about your related rights.]
4. Rights of the Data Subject
You have the right, within the scope of applicable data protection law and to the extent provided for therein (such as in the case of the GDPR), to request information, correction, deletion, restriction of data processing, and to object to our data processing activities, particularly those carried out for purposes of direct marketing, profiling for direct advertising, and other legitimate interests in processing. You also have the right to receive certain personal data in a structured, commonly used, and machine-readable format (data portability). Please note, however, that we reserve the right to invoke the legally prescribed limitations, for example, if we are obliged to retain or process certain data, have a predominant interest in doing so (to the extent permitted), or require it for asserting claims. If there are costs associated with your requests, we will inform you in advance. We have already informed you about the possibility of revoking your consent in Section 3. Please be aware that exercising these rights may conflict with contractual agreements and may have consequences such as early termination of the contract or cost implications. In such cases, we will inform you in advance, unless it is already regulated in the contract.
The exercise of such rights usually requires that you clearly prove your identity (e.g. by means of a copy of your ID card, where your identity is otherwise not clear or cannot be verified). To assert your rights, you can contact us at the address given in section 1.
Every data subject also has the right to enforce his or her claims in court or to file a complaint with the competent data protection authority. The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).