Privacy policy

www.bio-fluff.com is committed to protecting your privacy. 
Our Privacy Policies reflect recent changes in the data protection law and explain how and why we collect your personal information.

Website Terms of Use

 

1. Introduction

 

1.1     These terms and conditions shall govern your use of our website.

 

1.2     By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

 

1.3     Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy.

 

2. Credit

 

2.1     This document was created using a template from SEQ Legal (http://www.seqlegal.com).

 

3. Content and Intellectual Property Rights

 

3.1     Title, ownership rights, and intellectual property rights in the content of our website, whether provided by us or by any other content provider shall remain the sole property of us and / or the other content provider. We will strongly protect its rights in all countries.

 

3.2     You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part, except as is expressly permitted in this agreement.

 

3.3     You may download or copy the content only for your own personal use, provided that you maintain all copyright and other notices contained in such content. You may not store electronically any significant portion of any content.

 

3.4     All artwork images on our site are copyright protected. The artist retains the copyright for their artwork at all times. Even when an artwork is sold, the artist retains the copyright for the artwork, unless expressly stated otherwise by the artist in writing. The use of any artwork image from this site is prohibited unless prior written permission from the artist is obtained or with the exception as expressly permitted by Section 4.1(d).

 

4. Licence to use website

 

4.1     You may:

 

(a)      view pages from our website in a web browser;

(b)      download pages from our website for caching in a web browser;

(c)      print pages from our website;

(d)      share artwork images on the following social media: Pinterest, Twitter, Facebook, and any social media which only displays reduced-size images. You must use the share buttons available on our website or ensure the content credits the artist and links back to our website.

(e)      stream video files from our website; and

(f)      use our website services by means of a web browser, subject to the other provisions of these terms and conditions.

 

4.2     Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

 

4.3     Unless you own or control the relevant rights in the material, you must not exploit material from our website for a commercial purpose

 

5. Acceptable use

 

5.1     You must not:

 

(a)      use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

 

(b)      use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

 

(c)      use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

 

(d)      conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

 

(e)      use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

 

6. Limited warranties

 

6.1     We do not warrant or represent:

 

(a)      the completeness or accuracy of the information published on our website;

(b)      that the material on the website is up to date; or

(c)      that the website or any service on the website will remain available.

 

6.2     We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

 

6.3     To the maximum extent permitted by applicable law and subject to Section 7.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

 

7. Limitations and exclusions of liability

 

7.1     Nothing in these terms and conditions will:

 

(a)      limit or exclude any liability for death or personal injury resulting from negligence;

(b)      limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)      limit any liabilities in any way that is not permitted under applicable law; or

(d)      exclude any liabilities that may not be excluded under applicable law.

 

7.2     The limitations and exclusions of liability set out in this Section 7 and elsewhere in these terms and conditions:

 

(a)      are subject to Section 7.1; and

(b)      govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

 

7.3     We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

 

7.4     We will not be liable to you in respect of any loss or corruption of any data, database or software.

 

8. Variation

 

8.1     We may revise these terms and conditions from time to time.

 

9. Entire agreement

 

9.1    Subject to Section 7.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

 

10. Law and jurisdiction

 

10.1    These terms and conditions shall be governed by and construed in accordance with European law.

 

11. Our details

 

11.1    This website is owned and operated by Martin Stuebler

 

12.2    My principal place of business is at Carrer de la Reina Amàlia, 6, 08001 Barcelona, Spain, EU

12.3 you can contact us by writing to the business address given above or use the contact form.

 

Privacy Notice for Website Visitors

 

We respect your privacy and are determined to protect your personal data. The purpose of this privacy notice is to inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from). We’ll also tell you about your privacy rights and how the data protection law protects you.

 

1. Who we are and important information

 

What is the purpose of this privacy notice?

 

This privacy notice aims to give you information on how we collect and process your personal data through your use of this website, including any data you may provide through this website when you make an enquiry about our service or artist.

 

Data controller(s)

 

Martin Stuebler is the controller and responsible for your personal data (collectively referred to as “we” in this privacy notice).

 

Third-party links outside of our control

 

This website includes links to third-party websites, including social media. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy policies.

 

When you leave our website, we encourage you to read the privacy notice of every website you visit.

 

2. The personal data we collect about you

 

Personal data, or personal information, means any information about an individual from which that person can be identified. 

 

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

 

  • Identity Data includes your name.

 

  • Contact Data includes your email.

 

  • We also collect, use and share Aggregated Data, such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your usage data to calculate the percentage of users viewing a specific product on our website. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

 

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

 

If you fail to provide personal data

 

Where we need to collect your personal data under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, signing up to our membership). The policy you are reading is for website visitors but if you are an existing artist member or thinking about subscribing to our membership, please read our customer privacy notice

 

3. How we collect your personal data

 

Through this website we use the following method to collect data from and about you:

 

  • Directly. You may give us your identity and contact data when contacting us by email or when subscribing to membership on our website.

 

  • Indirectly. When you email an artist on the site via the contact form on either the artist’s profile page or any of their artwork showcase pages, a copy of that message is kept for a while on our own email system. We do not monitor these emails unless the artist reports an issue with the content of the email or reports an issue they may have had with receiving messages via the website. Any replies you make directly to an email the artist sends you will not be seen or stored by us. We also do not see any or store any email the artist send you.

 

4. How we use your personal data

 

We will only use your personal data when the law allows us to.

 

Answering email enquiries

 

In order to do this we have to process the following types of data: Identity data (your name) and Contact data (your email address). Our lawful basis is for the performance of a contract with you, which simply meant that by sending an email you expect that your data has to be processed in order for us to respond to your enquiry.

 

Marketing

 

We do not collect personal data through this website for the purpose of marketing.

 

Cookies

 

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please view our cooky policy

 

Change of purpose

 

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.

 

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

 

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

 

5. Who we share your personal data with

 

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

 

  • Providers based in the EU who provide IT and System administration services and website management services.

 

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

 

6. International transfers

 

We do not transfer your personal data outside the European Economic Area (EEA)

 

7. Data security

 

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to third parties who have a business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.

 

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

 

8. Data retention

 

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

 

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

 

In some circumstances you can ask us to delete your data: see your legal rights below for further information.

 

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

 

9. Your legal rights

 

Unless subject to an exemption under the data protection laws, you have the following rights with respect to your personal data:

 

  • The right to request a copy of the personal data which we hold about you;
  • The right to request that we correct any personal data if it is found to be inaccurate or out of date;
  • The right to request your personal data is erased where it is no longer necessary to retain such data;
  • The right to withdraw your consent to the processing at any time, where consent was the lawful basis for processing your data;
  • The right to request that we provide you with your personal data and where possible, to transmit that data directly to another data controller, (known as the right to data portability), where applicable i.e. where our processing is based on consent or is necessary for the performance of our contract with you or where we process your data by automated means);
  • The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing;
  • The right to object to our processing of personal data, where applicable i.e. where processing is based on our legitimate interests (or in performance of a task in the public interest/exercise of official authority); direct marketing or processing for the purposes of scientific/historical research and statistics).

 

If you wish to exercise any of the rights set out above, please contact us. No fee required – with some exceptions

 

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable admin fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

 

What we may need from you

 

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

 

Time limit to respond

 

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

 

10. Queries, requests or concerns

 

To exercise all relevant rights, queries or complaints in relation to this policy or any other data protection matter between you and us, please contact us using the contact form on this website.

Privacy Notice for Customers

 

Introduction

 

Martin Stuebler (“We”) are committed to protecting and respecting your privacy.

 

This policy (together with our Website Visitors Privacy Notice for our website visitors) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

 

The rules on processing of personal data are set out in the General Data Protection Regulation (the “GDPR”).

 

1. Definitions

 

Data controller – A controller determines the purposes and means of processing personal data.

 

Data processor – A processor is responsible for processing personal data on behalf of a controller.

 

Data subject – Natural person

 

Categories of data: Personal data and special categories of personal data

 

Personal data – The GDPR applies to ‘personal data’ meaning any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier (as explained in Article 6 of GDPR). For example name, home address or private email address. Online identifiers include IP addresses and cookies.

 

Special categories personal data – The GDPR refers to sensitive personal data as ‘special categories of personal data’ (as explained in Article 9 of GDPR). The special categories specifically include genetic data, and biometric data where processed to uniquely identify an individual. Other examples include racial and ethnic origin, sexual orientation, health data, trade union membership, political opinions, religious or philosophical beliefs.

 

Processing – means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

 

Third party – means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

 

2. Who are we?

 

Martin Stuebler is the data controller. This means we decide how your personal data is processed and for what purposes. Our contact details can be found at the bottom of this page.

 

3. The purpose(s) of processing your personal data

 

We use your personal data for the following purposes:

 

To maintain our own accounts and records;

 

To contact you about your account with us;

 

To inform you of news, services and general information pertaining to our own company, that we feel you may be interested in.

 

4. The categories of personal data concerned

 

With reference to the categories of personal data described in the definitions section, we may process the following categories of your data:

 

  • Name
  • Address
  • E-mail address
  • Website tracking data (please see our Website Visitors Privacy Notice.

 

5. What is our legal basis for processing your personal data:

 

a. CONTRACT is our lawful basis for processing personal data in the form of contact information and financial information for the purposes of processing any orders placed with us, managing customer accounts and informing the customer about anything necessary for our ability to perform the contract. It is also our lawful basis for displaying your username, which may be your real name and therefore constitute personal data, publicly on our website and on our social media channels.

 

b. CONSENT is our lawful basis for processing the personal data of existing customers for the purpose of sending marketing communications. We only send email marketing communications that provide information and offers relating to our own business and website. The data subject can opt out at any time.

 

c. LEGITIMATE INTEREST is our lawful basis for processing the personal data of artists, for the purpose of sending email communications about our website in relation to the sale of the artists’ work, where it is clear that the artist’s personal data was intended by the artist to be processed in relation to the sale of their work. The artist’s personal data that we may process will include a contact name, email address and phone number. The email communication will only ever be in relation to the sale of the artist’s work and the service we offer in relation to the sale of the artists work. The artist can opt out of further communications at any time.

 

 

6. Disclosing your personal data

 

  • Your personal data will be treated as strictly confidential. Strict control will always be maintained regarding any access to your personal data by service providers carrying out diagnostics or repairs on our website and IT systems.
  • Your username, which may be your personal name and therefore constitute personal data, will be displayed on our website to the public and shared on social media by us and website visitors, subject to the terms of your membership with us.

 

7. How long do we keep your personal data?

 

We retain Personal Data for as long as necessary to fulfill the purposes for which it was collected as outlined in section 3 above, unless a longer retention period is required by law. When your Personal Data is no longer required for the purpose it was collected or as required by applicable law, it will be deleted and/or returned to you in accordance with applicable law.

 

Personal data collected for the sole purpose of sending email communications to an artist that is not a customer, in accordance to 5.C. above, may be retained for several years once this privacy policy has been issued (within a month after the data has been copied from the original source) and will be deleted when no longer required or if requested by the data subject/artist.

 

8. Providing us with your personal data

 

As a customer, your personal data is likely to be required for us to carry out the tasks relevant to the contract between us. Without it we will not be able to process your membership, contact you about any issues relating to your membership and you would not be able to complete registration on the website.

 

9. Your rights and your personal data

 

Unless subject to an exemption under the GDPR, you have the following rights with respect to your personal data:

 

  • The right to request a copy of the personal data which we hold about you;
  • The right to request that we correct any personal data if it is found to be inaccurate or out of date;
  • The right to request your personal data is erased where it is no longer necessary to retain such data;
  • The right to withdraw your consent to the processing at any time, where consent was the lawful basis for our processing the data.
  • The right to request that we provide you with your personal data and where possible, to transmit that data directly to another data controller, (known as the right to data portability), (where applicable i.e. where the processing is based on consent or is necessary for the performance of a contract with the data subject and where the data controller processes the data by automated means);
  • The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing;
  • The right to object to the processing of personal data, (where applicable i.e. direct marketing or where processing is based on legitimate interest)

 

10. Third party processing of financial data

 

Your card payment data required for membership subscription is processed by Paypal, which is a third party secure payment platform. We do not store or have access to your financial and card payment data. For details about how your card payment data is processed please read the PayPal privacy policy https://www.paypal.com/va/webapps/mpp/ua/privacy-full

 

11. Transfer of Data Abroad

 

We do not transfer personal data outside the EEA

 

12. Automated Decision Making

 

We do not use any form of automated decision making in our business

 

13. Further processing

 

If we wish to use your personal data for a new purpose, not covered by this Data Privacy Notice, then we will provide you with a new notice explaining this new use prior to commencing the processing and setting out the relevant purposes and processing conditions.

 

14. Changes to our privacy policy

 

Any changes we may make to our privacy policy in the future will be notified to you by e-mail.

 

15. How to make a complaint

 

To exercise all relevant rights, queries or complaints please use the contact form.​

Information about our use of cookies

 

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. By continuing to browse the site, you are agreeing to our use of cookies.

 

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.

 

We use the following cookies:

 

  • Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website.
  • Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
  • Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).

Please note that third parties (including, for example, providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies.