Privacy Notice

PRIVACY AND PERSONAL DATA PROCESSING POLICY

AtomDigit Technologies Pvt Ltd, a company identified with (CIN U62099GJ2023PTC142002) (hereinafter, “ELISIUM ART”), is a company that respects the personal data provided by its current and potential customers, employees, candidates, business partners, suppliers, shareholders, investors, and those potentially interested in Elisium Art’s services. Therefore, it has implemented this Privacy and Personal Data Processing Policy (hereinafter, the “Policy”) where we explain what Personal Data we process, why we process it, what your rights are as the Data Subject, and the mechanisms you have to exercise them.

The use of the Elisium Art Platform, the execution of employment contracts, commercial alliances, or service provision agreements, and/or the express and unequivocal acceptance of the terms and conditions and the Policy imply that you agree to our processing of your Personal Data in accordance with the provisions of this Policy.

How can you better understand this Policy?

1. Definitions

To help you better understand the Policy, we will explain what each word we use throughout this document means.

• “Authorization”: is the prior, express, and informed consent that you give us to process your Personal Data.
• “Database”: is the organized set of Personal Data that is subject to Processing.
• “Inquiry”: is the request that you, as the Data Subject, make to access the information we have about you in our Databases.
• “Anonymized Data”: is data that does not personally identify you and that can be used by Elisium Art for statistical or aggregate analysis.
• “Personal Data”: is any information that can be used to identify you.
• “Private Personal Data”: is data that, due to its intimate or reserved nature, is only relevant to you as the Data Subject.
• “Semi-Private Personal Data”: is data that is not intimate, reserved, or public and whose knowledge or disclosure may be of interest not only to you (the Data Subject) but also to a certain sector or group of people or to society in general. For example, financial, credit, commercial activity or services, social security data, etc.
• “Public Data”: is data classified as such by law and all those that are not semi-private, private, or sensitive.
• “Sensitive Data”: is data that affects your privacy or whose improper use can generate discrimination, for example, data that reveals racial or ethnic origin, political orientation, religious or philosophical convictions, union membership, as well as data relating to health, sexual life, and biometric data, such as fingerprints, among others.
• “Data Processor”: is the natural or legal person, public or private, who carries out the Processing of Personal Data based on the instructions given by the Data Controller. Elisium Art may hire certain people or companies to act as Processors of your Personal Data.
• “Purpose”: is the reason for which Elisium Art will process your Personal Data.
• “Source”: is the person, entity, or organization that receives or knows the Personal Data of Data Subjects by virtue of a commercial or any other relationship and that provides this data to an Information Operator, who in turn delivers it to the Data Subject.
• “Operator”: is the person, entity, or organization that receives Personal Data about several Data Subjects from the Source, manages it, and makes it known to the Data Subjects.
• “Platform”: refers to the Elisium Art website and application through which the Services are provided.
• “Claim”: is the request you make to exercise your rights related to your Personal Data.
• “Data Controller”: is the natural or legal person, public or private, who decides on the Processing of Personal Data, that is, who determines the purpose. In this case, the Controller of your Personal Data is Elisium Art.
• “Procedural Requirement”: is the previous step that you must take before filing a complaint with the Superintendence of Industry and Commerce. This consists of a direct claim to the Processor or Controller of your Personal Data.
• “Services”: refers to the services provided by the Platform, which consist of a marketplace to connect the demand for works of art with the supply thereof.
• “Data Subject”: is you, the natural person whose Personal Data is being Processed.
• “Processing”: is any operation that we carry out on your Personal Data, such as the collection, storage, processing, analysis, use, circulation, transfer, transmission, updating, correction, or deletion of Personal Data, among others. The Processing can be national (within US) or international (outside US).
• “Transmission”: is the delivery of Personal Data to a Data Processor so that they can carry out Processing on the Personal Data, according to the instructions given by the Data Controller within or outside the US.
• “Transfer”: is the delivery of Personal Data so that another Data Controller can carry out Processing on the Personal Data autonomously, within or outside the US.

2. Scope

This Policy applies to all Personal Data held by Elisium Art, who acts as the Data Controller.

3. Principles of Personal Data Processing

The Processing of Personal Data will be carried out in accordance with the principles which are summarized below:

• Purpose: The Processing must have a lawful purpose in accordance with the Constitution and the law, which we must inform you of.
• Necessity and reasonableness: The Personal Data held by Elisium Art must be necessary to fulfil the purposes of the Processing.
• Temporality: The time during which we process the Personal Data must be necessary to achieve the purpose for which we have collected it.
• Freedom: The Processing of Personal Data can only be carried out with your prior, express, and informed authorization. The Personal Data that we collect may not be obtained or disclosed without your prior authorization or without a legal or judicial mandate.
• Truthfulness: The information subject to Processing must be true, complete, accurate, updated, verifiable, and understandable. We will not process data that is partial, incomplete, fragmented, or misleading.
• Transparency: We must guarantee your right to obtain from Elisium Art, at any time and without restrictions, information about the existence of your Personal Data in the Databases of Elisium Art.
• Restricted access and circulation: Personal Data that is not public will only be processed by the people who need to do so to fulfil the purpose.
• Security: The Controller and Processor of Personal Data must comply with all the necessary technical, human, and administrative measures to provide security to the Personal Data, preventing its modification, loss, consultation, use, or unauthorized or fraudulent access.
• Confidentiality: All people involved in the Processing of Personal Data that is not public must guarantee the confidentiality of the information.
• Non-discrimination: We will not carry out any act of discrimination based on the Personal Data collected.
• Limitation in collection: We will only collect the Personal Data that is necessary for the fulfilment of the purposes of the Processing.

4. When do we collect your Personal Data and what Personal Data do we collect?

Data Collection.

Elisium Art collects Personal Data from Data Subjects in the following cases:

• When Data Subjects visit our Platform and are interested in acquiring, reselling, or selling a work of art through the Platform.
• When Data Subjects provide Personal Data voluntarily, for example, by subscribing to Elisium Art’s emails.
• When Data Subjects fill out forms on the Platform or other sources of information.
• When Data Subjects are interested in being part of the Elisium Art team and send their resume or undergo a selection process.
• When you are going to enter into a contract of any kind with Elisium Art, for example, employment, service provision, commercial alliance, partnership, mandate, or any other type.

Information collected: Elisium Art may request or collect, except for the exceptions related to sensitive data or data of children and adolescents, the data that is necessary to fulfil the purpose, which are – among others – the following:

• Data we collect from all Data Subjects: name and surname, nationality, age, marital status, identification number and photocopy of the identity document, date and place of birth, mailing address, contact telephone number, email address, recent photographs, sex, Personal Data that Elisium Art receives from third parties, including financial, commercial and credit information centres and Information Operators of social security authorized by the Ministry of Health and Social Protection, among others, images collected through video surveillance systems located on the premises of Elisium Art, and any other data that may be necessary to achieve the purposes described in the Policy.
• Data we collect from candidates, employees, and shareholders of Elisium Art: In addition to the data mentioned in “data we collect from all Data Subjects”, we will also collect military card, professional card, employment history, clinical or health, academic and patrimonial history, references, judicial or disciplinary information, occupational clinical history, place of work, position or profession of the Data Subject and their spouse or permanent partner and their relatives, resume, certificate of affiliations to the EPS, pension, and severance fund, and any other data that may be necessary to achieve the purposes described in the Policy.
• Data we collect from our partners and suppliers: In addition to the data mentioned in “data we collect from all Data Subjects”, we will also collect data from the legal representative, references, commercial background, shareholding composition, data from their workers or collaborators with whom Elisium Art has contact, permits and authorizations required to provide services or sell products, and any other data that may be necessary to achieve the purposes described in the Policy and an adequate provision of the Services.
• Data we collect from our clients: In addition to the data mentioned in “data we collect from all Data Subjects”, we will also collect judicial and criminal records, browsing history on the Platform, purchase history, history of open cases with customer service, information that rests in credit bureaus or risk centres, and any other data that may be necessary to achieve the purposes described in the Policy.

Sensitive data and its processing. In some cases, Elisium Art will require the Processing of some Sensitive Data, such as the photo of your ID that contains your fingerprint and your photos, and in some cases, it requires the analysis of such information through biometric techniques.

However, Elisium Art will only collect and process Sensitive Data in cases permitted by law. In these cases, we will inform you that you are not obliged to provide Sensitive Data or to authorize its Processing. If you are not willing to authorize the Processing of your Sensitive Data, Elisium Art will not be able to continue with the identity validation process, and therefore it will be impossible to continue with some Services. If this happens, we will notify you in a timely manner. If you give us your authorization to process your Sensitive Data, we will collect and process it solely for the purposes described in this Policy.

Personal data related to minors. Elisium Art will only use, store, and process Personal Data of minors that are of a public nature. The purpose of such processing will be solely to plan and carry out activities related to the personal and family well-being of the workers. Only adults may access the services of Elisium Art. Exceptionally, Elisium Art may process Personal Data of minors when they are the authors or sellers of the works of art and as long as their guardians have authorized their processing.

Image data. By participating in any videoconference sponsored by Elisium Art, you accept and authorize that your names and images appear in the programs, publications, and other advertising media and, in general, in all promotional or commercial dissemination material that Elisium Art wishes to make during the term of 50 years, without this implying the obligation to remunerate or compensate your participation. By accepting this Policy, you waive any claim against Elisium Art for image rights.

5. Why do we collect your Personal Data?

General Purposes: Elisium Art will process Personal Data in accordance with the conditions established by the Data Subject for the development of its economic activity. In general, Elisium Art will collect, store, organize, circulate, use, transmit and transfer Personal Data in accordance with the following purposes:

• Purposes common to all Data Subjects:
  • To fulfil the corporate purpose of Elisium Art.
  • To maintain and manage information related to the employment, civil, or commercial relationship of the Data Subjects.
  • To comply with the legal, accounting, commercial, and regulatory duties that apply to Elisium Art.
  • To access, collect, and process personal data that Elisium Art receives from third parties, including financial, commercial, and credit information centres and Information Operators, including social security operators authorized by the Ministry of Health and Social Protection and credit information centres.
  • To control and preserve the security of individuals, assets, and information of Elisium Art.
  • To fulfil the purpose of the employment, commercial, or civil relationship that Elisium Art has with the Data Subjects.
  • To host the Personal Data of the Data Subject on Elisium Art’s servers.
  • When the information must be disclosed to comply with laws, regulations, or legal processes, to stop or prevent fraud, attacks on the security of Elisium Art or others, as well as to prevent technical problems or protect the rights of others.
  • To prevent and verify the commission of crimes or criminal conduct by Data Subjects, for which different databases, national and international restrictive lists, and sources may be consulted, such as databases of the National Police, Comptroller’s Office, Interpol, FBI, OFAC, among others, as well as the corresponding social networks.
  • To comply with regulations for the prevention of money laundering and terrorist financing.
  • To maintain direct communication with Data Subjects for issues related to their employment, civil, or commercial situation and for contractual, informational, and commercial purposes.
  • To carry out statistical, commercial, financial, social, administrative, or technical analyses.
  • To share information with government authorities or regulatory entities as required by applicable law or in accordance with an administrative or court order or similar.
  • To verify and check the identity and criminal, disciplinary, financial, and credit history of the Data Subjects.
  • To transmit, transfer and provide the information and Personal Data of the Data Subjects to the parent company or other companies of the Elisium Art business group, if any, so that they may store, consult, or act as Processors or Controllers of the Personal Data as the case may be.
  • To contact the Data Subject through the internet or telephone calls, physical and telephone correspondence, text message, WhatsApp, Instagram, Facebook, Twitter, LinkedIn, Telegram, Messenger, or any other social network and/or video conferencing platform for the purpose of contractual development.
  • To transmit, transfer, and provide the information and Personal Data of the Data Subjects to commercial partners or other national and/or international companies or persons that Elisium Art commissions to carry out the Processing of the information and comply with the purposes described in this Policy and the purpose of the commercial or civil relationship with the Data Subjects, or so that said third parties assume the position of Controllers.
  • To carry out marketing activities, such as market studies, and to carry out acts of promotion of services, among other similar concepts.
  • To transmit, transfer and provide the information and Personal Data of the Data Subjects to national or international third parties, in those cases in which Elisium Art has an interest in commercializing the Personal Data in any way as a commercial asset.
  • To attend to Inquiries, petitions, requests, actions, and Claims made by the Data Subject.
  • To transmit, transfer, and provide the information and Personal Data of the Data Subjects to those third-party Processors or Controllers, in those cases in which there is a substitution of employer or in those cases in which Elisium Art assigns its contractual position, or when it is part of a business acquisition or integration process.
  • To make invitations to events.
  • The Personal Data may be used, among others, as evidence in any type of proceeding.
• Purposes for which we process the Personal Data of candidates, employees, shareholders, and investors of Elisium Art:
  • To protect the health of the workers and contractors of Elisium Art.
  • To verify conflicts of interest, as well as disqualifications or incompatibilities.
  • To select personnel, manage hiring, handle labour and social relations and grant benefits to its workers by itself or through third parties, as well as allow workers access to Elisium Art’s IT resources
  • To keep a record of disciplinary sanctions imposed on contractors and employees of Elisium Art.
  • To make contributions to the general social security system.
  • To transmit, transfer, and provide the information and Personal Data of the Data Subjects to third parties in order to give employment and/or professional references about the Data Subjects
  • To evaluate and develop selection processes and their history
  • For the exercise and development of the rights of shareholders and the operation of the general shareholders’ meeting, among others.

• Purposes for which we process the Personal Data of our suppliers and partners:
  • To make reports to the databases of Credit Information Operators and of a commercial nature
  • To give commercial references
  • To manage the payment of remunerated sums, commissions, discounts, and withholdings of a tax or parafiscal nature
  • For the sending of invoices
  • To issue contractual or commercial certificates

• Purposes for which we process the Personal Data of our clients:
  • To comply with the value proposition and the level of service offered to each client
  • To transmit, transfer, and provide, free of charge or for consideration, the information and Personal Data of the Data Subjects to national and/or international commercial partners so that they may contact the Data Subjects to offer them their products, information, or services that, in the judgment of Elisium Art, may be of interest to the Data Subject
  • To make reports to the databases of Credit Information Operators and of a commercial nature
  • To report to the information centres on the fulfilment or non-fulfilment of the obligations for the provision of the Service or for any other obligation that has been acquired with Elisium Art, or whoever it designates
  • To improve services and all those activities associated with the commercial relationship or link existing or to exist with Elisium Art, as well as to evaluate the need for new services and products for our clients
  • To contact the Data Subject through email to send invoices or bills and account statements in relation to the obligations derived from the contract signed with Elisium Art
  • To execute commercial profiling, prospecting, consumption habits, analytics, identification of marketing trends, definition of patterns, with or without the use of artificial intelligence tools, among other data mining methods for the purpose of improving the Services
  • To define consumer profiles of clients in order to carry out statistical analysis or improve the marketing and sales processes of Elisium Art’s services
  • To carry out studies and marketing and advertising strategies
  • To carry out marketing tasks and send advertising from Elisium Art and/or third-party commercial partners
  • To monitor customer behaviour within the Platform and determine customer intentions
  • To optimize the functionalities of the Platform
  • For collection or remuneration management
  • To validate the Data Subject’s information on restrictive lists through identity validation tools
  • To inform about the scope and characteristics of Elisium Art’s Services, new and existing solutions

Transmission and Transfer of Personal Data: Elisium Art may transmit Personal Data to one or more Processors located within or outside the territory of the US, without prior authorization, and may also transfer Personal Data to one or more Controllers when you authorize us to do so, or when the law or an administrative or judicial mandate orders us to do so. By accepting this Policy, you authorize us to transfer or transmit your Personal Data to our partners, suppliers, our Parent Company, or cloud computing service providers solely for the Purposes established in this Policy. It is important to clarify that if Elisium Art transmits your data to third parties, they will process your Personal Data in accordance with this Policy, but if we transfer your Personal Data, your Personal Data will be processed in accordance with the new Controller’s data protection policy.

6. What happens to the authorization you give us to process your Sensitive Data or if we are going to use your Personal Data for another Purpose?

Authorization for the Processing of Sensitive Data: When Elisium Art collects Sensitive Data or data of minors, the following requirements must be met:

• Your Authorization must be explicit.
• We will inform you that you are not obliged to authorize the Processing of such information.
• We will inform you explicitly and beforehand what Sensitive Data we are going to process and the Purpose of the Processing.

Authorization for new uses or purposes: Elisium Art will request your Authorization for new uses of your Personal Data, for which we will publish the changes in the Policy on our Platform or in any other means we deem appropriate, and we will notify you of the change. In case you do not agree with the new Purposes, you may revoke the Authorization, and we will delete your Personal Data, in case we do not have any legal obligation to keep it.

Abstention from taking Data referring to criminal records. Elisium Art will only process your Personal Data that has to do with criminal records with the sole and exclusive purpose of guaranteeing the legality of its operations, the security of Elisium Art and its stakeholders, and to prevent fraud and money laundering and terrorist financing operations.

7. What are “Cookies” and what do we use them for?

Cookies. A cookie is a harmless file that is downloaded to your device when you access certain web pages. Cookies allow us, among other things, to store and retrieve information about the browsing habits and trends of a user or their computer equipment. Elisium Art uses its own and third-party cookies.

Information stored by cookies. Cookies store technical information, such as personal preferences, content personalization, information you have previously filled out in a form to avoid having to fill it out again, your interactions with our Platform, among other information that allows us to remember you.

Purposes for which we use the information collected through cookies. Elisium Art uses cookies to provide you with a high value-added service as it saves your preferences, the way, time, and mode in which you use our Platform, as well as all the information that may be useful to track your consumption habits. We also use them to personalize your browsing experience, to generate metrics and analytics about visitors to our Platform, and to gather information that allows us to make improvements to content and services. We will not collect debit or credit card numbers or other financial or credit information. You can reject the use of cookies through the appropriate configuration of your browser; however, you should know that if you do so, we will not track your information when you visit our Platform, and it may not function properly. If you choose to disable cookies, we will only use one cookie in your browser to remember your preference not to use cookies.

8. What are you stating when you click on “I authorize the processing of my Personal Data” according to the Personal Data Processing Policy of Elisium Art?

Manifestations of the Data Subjects. At the time of voluntarily providing your Personal Data and/or granting authorization in writing, you state that:

• You voluntarily provide us with your Personal Data and expressly and unequivocally authorize us to collect your Personal Data and any other information you provide and to carry out any other Processing on your Personal Data, in accordance with the provisions of this Policy.
• You were informed and understand that Sensitive Data is that which affects the privacy of the Data Subject or whose improper use can generate discrimination. Likewise, that they can be identified as those of racial or ethnic origin, political orientation, religious or philosophical convictions, membership in unions, social organizations, data related to health status, sexual life, and biometric data.
• You were informed that, in the case of collection of Sensitive Data, you have the right not to provide the requested data and you understand and accept that in some cases, if you do not grant us authorization for the Processing of your Personal Data, we will not be able to continue with the validation of your identity, and therefore we will not be able to provide our Services.
• You were informed about the purposes for which your collected Personal Data and Sensitive Data will be used, which are described in this Policy.
• You were informed and understand the security measures that Elisium Art implements to provide protection to the Personal Data it collects and, therefore, you accept them.
• You were informed about your rights in relation to your Personal Data and mechanisms to exercise them.
• If you are a client, you were informed that you will enter into or have a current contract with Elisium Art, and for this reason, Elisium Art needs to be in permanent contact with you, and your right to update your Personal Data will be subject to our verification that you actually have access to the new contact information you are providing us.

9. How long will we process your data?

Term of the Authorization: We will process your Personal Data from the moment you grant us the Authorization until the day Elisium Art is dissolved and liquidated or until the purpose for which the Personal Data was collected is terminated.

10. How do we protect your Personal Data?

Security measures for the protection of Personal Data and other information.

The security measures implemented by Elisium Art aim to protect the data of the Data Subjects to prevent its adulteration, loss, unauthorized use, and access. Elisium Art diligently implements human, administrative, and technical protection measures that are reasonably within its reach, such as having an access management system and sharing information in an encrypted manner, among others. By means of this Policy, you expressly accept these forms of protection and declare that you consider them appropriate and sufficient to protect your Personal Data.

Policy for the elimination and/or deletion of Personal Data.

Once the Purpose of the Processing of your Personal Data has been fulfilled, and provided that there is no contractual or legal obligation that prevents it, Elisium Art will proceed to delete or eliminate your Personal Data, in accordance with the following parameters:

• Elisium Art will annually evaluate the information it has on Data Subjects, and according to its characteristics and status, will proceed to choose those data that it considers, at its discretion, should be deleted or eliminated. For this purpose, it will take into account whether there are rights held by the Data Subjects that prevent the deletion of the Personal Data or whether there are legal, contractual, or constitutional duties that prevent the elimination.
• Elisium Art will inform the Data Subjects in advance of the decision and the basis for the deletion of their Personal Data, who, through the enabled channels, may exercise their right to submit Inquiries, petitions, or Claims regarding said decision within fifteen (15) business days following the notification. The Inquiries, petitions, or Claims will follow the procedures established in this Policy. In the event that there is no Claim or request in relation to the decision, the deletion will proceed.
• Elisium Art will prepare the corresponding minutes and records regarding the deletion and elimination processes of the Personal Data of the Data Subjects, for the purposes of traceability of the procedure.

Confidentiality, fundamental rights, and anonymization of Personal Data.

Elisium Art respects the fundamental rights to privacy, freedom of expression, and good name and honour of the Data Subjects. For this reason, it will take the measures it deems appropriate in matters of confidentiality, such as the following:

• It will refrain from partially or totally disclosing the confidential information received to any natural or legal person, government or private entities, that has not been previously authorized.
• It will refrain from using, exploiting, employing, publishing, or disclosing confidential information in a manner other than that authorized in the Policy.
• It will instruct all those persons who may eventually have access to confidential information on how to handle, use, manage security measures, and so forth, so that such information remains properly handled and protected.
• The use of confidential information will be carried out observing the principles of ethics and good practices in matters of Personal Data protection.
• Elisium Art will anonymize the Personal Data of the Data Subjects when it considers that it may affect their right to privacy, good name, and honour. In any case, Elisium Art, at the request of the Data Subjects and presenting the reasons for it, will carry out the corresponding anonymization of any Personal Data.

Policies of veracity and quality of information.

In developing the principle of veracity and quality of information, Elisium Art will take the necessary measures so that the information contained in its Databases is true, complete, accurate, updated, verifiable, and understandable. For this reason, it requests from the Data Subjects the information that is necessary and comprehensive for the Purposes of the respective Processing. Likewise, it will request the necessary supporting documents so that the information in its Databases is verifiable and true. For the aforementioned purposes, Elisium Art will implement the following measures:

• It will take all measures so that, in the collection of information from Data Subjects, complete, accurate, updated, verifiable, and understandable information is obtained. In this sense, it will implement due diligence measures in the means of data collection for such purposes.
• It will refrain from Processing Personal Data of Data Subjects with partial, incomplete, fragmented, or confusing information.
• It will verify the identity of the Data Subjects and the information provided to it, requesting the accreditation documents that are necessary in each particular case, and may request, among others, the following: Citizenship card, judicial and police records, credit history, certifications from private and/or public entities.

11. What are your rights as a Data Subject and how can you exercise them?

Rights of Data Subjects.

You have the right to access, update, rectify your information, and/or revoke the Authorization for the Processing of your Personal Data. Here we explain in detail what your rights are:

• Access, update and rectify your Personal Data. For this, we need to first establish the identification of the person who intends to exercise this right to prevent unauthorized third parties from accessing your Personal Data. In case you are going to update your Personal Data, we must first verify that you have access to the new Personal Data that you are going to provide us, so we will implement a mechanism that allows us to verify this. In case we cannot verify it, you will only be able to update one of your contact details (email, telephone, bank account, among others). The foregoing is because we need to maintain a direct communication channel with you to fulfil our contractual obligations and you with yours.
• Request proof of the Authorization granted, unless it is one of the cases in which authorization is not required.
• Be informed, upon request, regarding the use that has been given to your Personal Data.
• File complaints with the Superintendence of Industry and Commerce for infractions of the provisions of the law.
• Revoke the authorization and/or request the deletion of your Personal Data.
• Access your Personal Data that has been Processed free of charge.
• Refrain from answering questions about Sensitive Data or about data of children and adolescents. In this case, we will inform you that you are not obliged to provide authorization for the Processing of Sensitive Data or data of children and adolescents.
• The request for deletion of information and the revocation of the Authorization will not proceed when you have a legal or contractual duty to remain in the Elisium Art Database.
• Elisium Art guarantees that the direct marketing or market research you receive by email will provide simple means for you to stop receiving such communication by email if you do not want to. For example, in the email, Elisium Art will provide you with an “unsubscribe” link or an email address to send an opt-out request. In these cases, your Personal Data will not necessarily be removed from the Databases, but the change in direct marketing preferences will be taken into account and respected.

Procedure to exercise your rights. If you wish to exercise your rights, you must send an email to support@elisium.art, which will be attended to by the Elisium Art data protection area. Said email must be addressed to AtomDigit Technologies Pvt Ltd and must specify: (i) name and identification of the Data Subject or the authorized person; (ii) a precise and complete description of the facts that give rise to the Claim; (iii) claims, (iv) physical or electronic address to send the response; and (v) documents and other relevant evidence that you want to assert.

The procedure that we will follow for said communication will be the following:

• When the Data Subject wishes to consult the information that rests in the Database, Elisium Art will respond to the request within a maximum period of ten (10) days. When we cannot attend to the Inquiry within said term, we will inform the Data Subjects of the reasons for the delay and will give the date on which their Inquiry will be attended to, which may not exceed five (5) business days following the expiration of the first term.
• When the Data Subject considers that the information contained in the Databases should be corrected, updated, or deleted, or when they believe that Elisium Art is breaching its duties, they may file a claim with Elisium Art, which will be processed under the following rules:
  • The claim must be addressed to AtomDigit Technologies Pvt Ltd. with the following information: (i) identification of the Data Subjects, (ii) the description of the facts that give rise to the Claim, (iii) the address, (iv) the documents that are to be asserted will be attached. If the Claim is incomplete, Elisium Art may request the Data Subject, within five (5) days following receipt of the Claim, to complete it. If two (2) months have elapsed from the date of the request without the Data Subject submitting the required information, we will understand that the Data Subject has withdrawn the claim.
  • In the event that Elisium Art is not competent to resolve the Claim, we will share it with whoever corresponds within a maximum period of two (2) business days and will inform the Data Subject of the situation.
  • Once the complete Claim has been received, we will include a legend that says “Claim in process” in the place where the Personal Data is located and the reason for the Claim, within a period not exceeding two (2) business days. We will keep the legend until the Claim is decided.
  • Elisium Art will address the Claim within a maximum period of fifteen (15) business days from the day following the date on which it was received. When we cannot address the Claim within this term, we will inform the Data Subject of the reasons for the delay and the date on which their Claim will be addressed, which in no case may exceed eight (8) business days following the expiration of the first term. The withdrawal or deletion of Personal Data will not proceed when there is a contractual obligation to remain in the Elisium Art Database.

Complaints before the Superintendence of Industry and Commerce: You may file complaints with the Superintendence of Industry and Commerce, but you must first exhaust the Inquiry or Claim process before Elisium Art as a Procedural Requirement.

12. What duties does Elisium Art have regarding the Processing of your Personal Data?

Duties of Elisium Art as Data Controller. Elisium Art is obliged to comply with the duties imposed by law. Therefore, it must act in such a way as to comply with the following duties:

• Guarantee you, at all times, the full and effective exercise of your rights mentioned in this Policy
• Process your Personal Data in accordance with the principles established in this Policy
• Keep the information under the necessary security conditions to prevent its adulteration, loss, consultation, use, or unauthorized or fraudulent access
• Update the information when necessary
• Rectify your Personal Data when appropriate
• Provide the Data Processor only with the Personal Data whose Processing is previously authorized
• Ensure that the information provided to the Data Processor is truthful, complete, accurate, updated, verifiable, and understandable
• Timely communicate to the Data Processor all the news regarding the Personal Data that has been previously provided to it and adopt the other necessary measures so that the information provided to it is kept updated
• Timely inform the Data Processor of the rectifications made to the Personal Data so that it can proceed to make the pertinent adjustments
• Demand from the Data Processor at all times, respect for the security and privacy conditions of your Personal Data
• Inform the Data Processor when certain information is being disputed by the Data Subject, once the claim has been filed and the respective process has not been completed
• Inform the Superintendence of Industry and Commerce when there are violations of the security codes and there are risks in the administration of the information of the Data Subjects
• Comply with the instructions and requirements issued by the Superintendence of Industry and Commerce

13. What other information do you need to know?

Contact. Any questions or additional information will be received and processed through the email support@elisium.art

Changes to the Personal Data Processing and Protection Policy. Any substantial change in the Policy will be communicated to you in a timely manner by publishing the new version on our Platform and we will request your authorization through the same means

Last update: This Policy was last updated on September 27, 2024