1. What is the purpose of this charter?
The purpose of this charter is to inform you of how the Hélène Bailly Gallery processes your personal data.
The term “Personal Data” refers to any and all information relating to an identified or identifiable private individual, directly or indirectly, in particular through details such as a surname, an identification number, location data, online identification, or by one or more elements specific to their own physical, physiological, genetic, psychological, economic, cultural or social identity.
We invite you to read this charter thoroughly, as well as any other document we may provide you with relating to the handling of your Personal Data.


2. HBA processing responsibility
The Hélène Bailly Gallery (hereafter “HBA”): https://www.helenebailly.com/galerie/mentions-legales/ determines the purposes and means of the processing of Personal Data and, as such, is responsible for processing. 
The regulations applicable to the processing of Personal Data cover all active legislative and regulatory provisions, national and European, and in particular (i) European Regulation 2016/679 on data protection of April 27, 2016 (“GDPR”), (ii) French measures included in Law No. 78-17 of January 6, 1978 as amended by Law No. 2018-493 of June 20, 2018, (iii) European Directive 2002/58/EC of July 12, 2002 and (iv) the guidelines, positions, recommendations, advice of supervisory authorities and certifications, consents or final court decisions (together, the “Regulations”).


3. What data do we process?
We process the Personal Data that you communicate to us directly, particularly through the contact forms offered in our establishments, at fairs and other events in which we participate and available on our website, or through our discussions, verbal and in writing.
The Personal Data we process includes in particular the following:
- your name;
- your postal address;
- your email address;
- your phone numbers;
- your payment details, financial data, i.e. the name of your bank, your bank account number and sort code, in case we need to make payments to you; 
- when you browse our website, your IP address and the browser and language you use;
- information relating to your interest in artists, exhibitions and art dinners and fairs;   
- information about you that you communicate to use in person during our events and art fairs, when filling out forms on our website www.helenebailly.com (for example, in the "Contact us" section or when you sign up for our mailing list) or in correspondence with us by phone, email or any other way;
- information relating to the purchase of our works of art or the use of our services;


4. On what basis and for what purpose does HBA process your Personal Data?
HBA processes your Personal Data only so far as is strictly necessary to fulfil the purposes detailed below and based on the following legal grounds:
Meeting a legal obligation: 
- To meet their legal and regulatory obligations, particularly regarding invoicing and the fight against money-laundering;
Executing a contract: 
- Correctly executing contractual and pre-contractual relations (payment guarantee, taxation and delivery etc.);
- Proposing services in line with your expectations; 
Your consent:
- Sending newsletter or marketing offers relating to HBA’s business, invitations to events;
- Carrying out prospecting, marketing and solicitation activities tailored to your needs; 
In HBA’s legitimate interests:
- Sending out newsletters or marketing offers and invitations to events arising from your purchase of a product, in strict compliance with legal provisions relating to this; 
HBA will use your Personal Data solely for the aforementioned purposes, unless it reasonably considers that the Personal Data should be processed for other purposes, compatible with the initial purposes. In all circumstances, HBA will never fail to inform you of possible later purposes.


5. Where is your Personal Data sent?
HBA only shares your Personal Data with a limited list of people, and only with respect to the aforementioned purposes and the tasks entrusted to them.
Thus the only people to receive your Personal Data are HBA in-house personnel in charge of commercial and marketing management and HBA sub-contractors.
HBA will ensure recipients are required to enforce appropriate safety and confidentiality measures so as to comply with this charter. Sub-contractors are in no way authorised to process your Personal Data for any purposes whatsoever other than those included in Article 4.
This data may also be transmitted to competent authorities in response to a legal or administrative ruling.


6. Cookies
"Cookies" are small data files placed on your terminal when you browse internet pages, subject to the choices you have made, in order to store and receive identifiers and other browsing information.
Cookies are used on the HBA website, accessible at the address https://www.helenebailly.com/ (hereafter the “Website”) to (i) improve your user experience on the Website by memorising your choices, (ii) gather statistics about footfall and (iii) send you personalised content.
Statistical cookies make it possible to establish website traffic statistics and to detect navigation problems in order to monitor and improve the quality of our content. We use this information for statistical analysis purposes only, after which the data is deleted from the system.
The cookies in no way give us access to your computer or to information about you, other than the data you have chosen to share with us.
You may, any time you like, configure your browser to express and change your cookie preferences, in particular by refusing certain cookies (“Do not track”)
You can also use the interface we make available to you though the cookies banner that pops up the first time you connect to the Website or after deleting your cookies.
If you deactivate statistical cookies, your visit to the Website will no longer be included in our traffic-measuring tools. This may prevent you from making full use of the Website.


7. Is Personal Data transferred out of the EU?
The data we collect from you is not subject to any transfer outside the European Union (EU) with the exception of the United Kingdom, a country which has an adequate level of protection in this area.


8. What security measures have been put in place by HBA?
HBA has set up technical and organisational measures to protect your Personal Data against their accidental or unauthorised destruction, alteration, loss or disclosure.
These measures are updated to ensure the best possible protection, security, integrity and confidentiality of your Personal Data.


9. How long does HBA keep your Personal Data for?
HBA only stores your Personal Data for as long as is strictly necessary in the management of our commercial relationship with you. However, data that makes it possible to establish the proof of a right or a contract that has to be kept in order to comply with a legal duty will be kept for the period stipulated by the law in force.  Regarding potential prospecting operations targeting clients, their Personal Data may be kept for a period of three (3) years from the end of the commercial relationship. Personal Data relating to a non-client prospect may be held for a period of three (3) years from the time it is collected or from the last contact coming from the prospective client. At the end of this period, we may contact you again to ascertain whether you would like to continue receiving commercial solicitations.


10. What are your rights and how can you exercise them?
You have the following rights over HBA’s processing of your Personal Data:
i. Access and information: you have the right to be informed in a clear, concise, understandable and easily accessible manner about how your Personal Data is processed. You also have the right to obtain (i) confirmation as to whether Personal Data relating to you is processed by HBA or not and, if necessary, (ii) access to and a copy of all your Personal Data.
ii. Rectification: should you deem the Personal Data relating to you to be incomplete or erroneous, you may ask HBA to correct it, which HBA will do as quickly as possible.
iii. Deletion: in some cases, you may request HBA delete your Personal Data (“the right to be forgotten”). However, this is not an absolute right; HBA may, in certain cases, have legal or legitimate grounds for holding your Personal Data.
iv. Limitation: in certain cases, listed in Article 18 of the GDPR, you may ask HBA to limit the processing of your Personal Data.
v. Transfer: you have the right to have your Personal Data transferred, in a structured, commonly used and machine-readable form. Consequently, you are at liberty to transfer your Personal Data to a recipient of your choice, without HBA having the right to object. However, this right only applies if the processing of your Personal Data is based on your consent or on the carrying out of a contract, and the processing is carried out using automated processes.
vi. Opposition: when the processing of your Personal Data is based on HBA’s legitimate interests, you have the right to oppose this processing. HBA will then cease processing your Personal Data unless it has legitimate grounds for continuing to process it. You also have the right, at any time, to oppose the processing of your Personal Data for commercial prospecting purposes. Lastly, you have the right to unsubscribe from our newsletter. You can do this by simply clicking on the “Unsubscribe” link that appears at the bottom of each newsletter.
vii. Lodging a complaint: you always have the right to lodge a complaint with the French Data Protection Authority (CNIL).
viii. Giving instructions for after your death: these instructions, which may be revoked at any time, may relate to the storage, deletion or communication of your Personal Data by designating a person responsible for their execution:
• if these are general instructions, you may entrust them to a CNIL-certified digital third party,
• if they are specific instructions, you may communicate them directly to HBA.
If you would like to exercise all or part of your rights, or if you would like more information, you can submit your request at any time to HBA, accompanied with a copy of something proving your identity so that we can confirm who you are:
o by email to: helene@helenebailly.com ;
o by post to: Galerie Hélène Bailly, 71 rue du Faubourg Saint-Honoré, 75008 Paris, France.
You will be sent a reply within a period of one (1) month from receipt of your request.


11. Do you have any questions?
For any questions about HBA’s commitment to protect privacy and Personal Data, please contact the following address: helene@helenebailly.com.


12. Amendments to the charter 
HBA reserves the right to amend this charter at any time, depending in particular on the legal and regulatory context and the recommendations, position and decisions of the CNIL, the European Data Protection Committee and French and European courts. Please consult this page frequently to stay abreast of any updates or amendments to our policy.


Last update, November 24, 2021.