Terms & Conditions

These Terms and Conditions (“Terms”) apply to the use of the web site www.beverlybarkat.com (the “Web Site” or the “Site”) which is the property of Beverly Barkat and B.N. Barkat Holdings and Studio Ltd. (each and together, “Barkat”)  Please read and review these Terms carefully.

By using this Site, you agree to be legally bound by the following Terms; if you do not agree to the Terms, please do not use this Web Site.

Barkat reserves the right to modify the Terms at any time without notice to you. Your continued use of the Web Site constitutes your acceptance of any modified Terms; you should therefore periodically visit this page to review the Terms.

Web Site Content
The Web Site is owned and operated by Barkat.  All text, graphics, and other content contained on this Web Site is owned, controlled, and/or licensed to Barkat and is protected by Israeli and international copyright laws. Barkat reserves and retains all right, title and interest to the Web Site and the content therein. Nothing contained in the Terms or on the Web Site shall be construed as an assignment or license of any intellectual property rights contained herein.

If you are a parent, it is your responsibility to ensure that the Site and/or its content is suitable for your child to view. We recommend that people under 18 are supervised when accessing the Site. You should not access content on the Site if you think you may be offended by it.

The artworks of Beverly Barkat are protected by Israeli and/or international copyright laws
Except for your non-commercial, educational, and personal use, you may not copy, reproduce, distribute, sell, adapt, modify, publicly display, print, post, download, broadcast, transmit or otherwise commercially exploit the content or the artwork displayed on this Web Site via any medium, physical, digital or otherwise, whether or not for consideration, without the prior written consent of Beverly Barkat.

The Web Site is provided on an “as is” basis. Barkat reserves the right to select the content to be included on the Web Site, and may modify, edit, or otherwise alter the content on the Web Site at any time for any reason whatsoever and without notice. Barkat shall not be liable to you or any third party should Barkat exercise its right to modify the Web Site. If you object to any changes to the Web Site, your sole recourse will be to discontinue use of the Site.

This Web Site is solely for educational and promotional purposes and is not intended as an online catalogue raisonné. Barkat does not guarantee the accuracy or completeness of the content on the Web Site. Your reliance on the information contained on this Web Site is at your own risk.

Any trademarks displayed on the Web Site are trademarks of Barkat unless otherwise indicated, and are protected under Israeli and/or international trademark laws. You may not use the trademarks found on this Web Site without the prior written consent of the appropriate trademark owners.

The Web Site may contain links to other web sites that Barkat does not operate or control. Barkat is not responsible for the content or business practices of these sites and recommends that you review the terms and privacy policies for any and all sites that you visit.

User Submissions
Barkat does not solicit user-submitted content. Barkat cannot and does not guarantee that any user submissions it receives will be kept confidential or displayed on the Site. Notwithstanding the foregoing, Barkat may display any content submitted by a user without incurring any obligation for payment to such user or acknowledgment. Once such content is displayed on the Site, all rights in and to it will revert to Barkat, provided that you will retain liability for any claim resulting from your submission, including any claim of infringement. You agree to compensate Barkat in full for any third party claim which is related to any submission you provide.

Barkat will respond to user correspondence at its own discretion. It is not required nor otherwise bound to respond to user submissions or other correspondence.

PRIVACY POLICY

Information on the collection and use of personal data

This privacy policy (Privacy Policy) describes how we collect and use information relating to you as an identified or identifiable natural person (Personal Data).

For the protection of your privacy, you must be informed on which and how Personal Data are collected during your visit to our website www.beverlybarkat.com (Website) and how and to which purposes they are processed. “Processing” means any operation performed on Personal Data such as collection, recording, organisation, storage, use, disclosure, erasure.

This Privacy policy is compliant with the EU Regulation 2016/679 – General Data Protection Regulation (GDPR) and with Israeli Protection of Privacy Law, 5741-1981. (Applicable Laws).

1. Personal Data Controller and Personal Data Processor

The Website is managed and the Personal Data are processed by [B.N. Barkat Holdings and Studio Ltd – address: Nissim Aloni 10, Tel Aviv Israel 6291924 (Personal Data Controller or simply we/us/our).

This Privacy Policy regards only the Website. It does not refer to any other websites – including websites you may visit through links in the Website. Those websites are not under our control and we are not the Personal Data Controller in respect of those websites and maintain no responsibility or liability to the collection and/or processing of personal data by such third party websites and we make no warranty or representation, expressed or implied regarding such third party websites. Please carefully read the Privacy Policies and Terms of Condition of any third party website you visit.

Personal Data which you provide us pursuant to this Privacy Policy will be processed internally by us, solely for the purposes for which you provided us with the Personal Data.

As our representative in the European Union, we have appointed our attorney Mr Stefano Artuso – address: Viale Appiani 2/C – 31100 Treviso – Italy; phone: +39.0422.424735; email: stefano.artuso@email.it; certified email (posta elettronica certificata – PEC): Stefano.artuso@venezia.pecavvocati.it (our Representative].

2. Personal Data voluntarily submitted

We will only collect and process Personal Data voluntarily submitted by you and only for the purpose of circulating our newsletter (Newsletter). You are not leaglly obligated to provide us with your personal information. If you wish to receive our Newsletter, you will be required to file your email address in a designated form in the Website. Your email address is required to enable you to receive news about the works, the exhibitions and the events of the artist Beverly Barkat on a regular basis. The Newsletter may include information material – such as such as pictures of the artist’s works and of her exhibitions, catalogues, etc.

The submission of your Personal Data for the purpose for receiving the Newsletter is optional and voluntary. If you do not submit or submit wrong Personal Data, you will not be able to receive the Newsletter and consequently you will not be informed about the activities of the Personal Data Controller.

You can unsubscribe from our newsletter service and stop receiving our Newsletter at any time, simply by clicking the “Unsubscribe” link included in each email that you receive from us.

3. Personal Data automatically collected – Cookies – Social networks

Navigation data

The information systems and the software procedures through which we operate our Website, normally automatically collect some Personal Data implicitly transmitted during any use of the Internet (Internet Traffic Data). Internet Traffic Data can not be directly associated with the Website users. However, Internet Traffic Data may allow the identification of the user when processed or associated with data stored by third parties (such as IP addresses, domain names of the users’ computers, other parameters relating to the operating system and to the users’ IT environment and many others).

Internet Traffic Data are used for the sole purpose of obtaining anonymous statistical information regarding the use of the Website or to check its correct operation, and are cancelled immediately after being processed. They may however constitute evidence to assess liability in IT crimes against the Website because they may, in some cases, serve as evidence of the actions of the users while browsing the Internet.

Internet Traffic Data are strictly confidential and can be disclosed only upon request of public authorities (persons or entities) entitled to receive them by the Applicable Laws. The Personal Data Controller implements appropriate technical and organisational measures to ensure the confidentiality of the Internet Traffic Data. Internet Traffic Data are stored by the Personal Data Controller only for the time strictly necessary in accordance with the Applicable Laws and are then erased. After erasure, they may not be retrieved any further.

Cookies

We use cookies while you visit the Website. Cookies are small pieces of information stored by your browser on your computer’s hard drive when you use the Internet Cookies are used for many different purposes: to remember the language selected by the user, to collect statistical information on the visited pages of a website, to identify the browser and the device which are being used, to select dedicated contents and information matching the users’ preferences and many others. The information are then sent back to the users’ computers during their next visits to the same website for the purpose of allowing them to find the information again easily.

The Website uses cookies to read and/or store information on your device. If you want to know more about our use of cookies and how to manage them, please refer to our cookies policy: Please see the Cookies Policy section below

Social networks

The Website provides social buttons/widgets (Social Buttons). The Social Buttons reproduce the icons of social networks (Facebook, Twitter, Instagram).

The Social Buttons in the Website allow you to reach and interact with a “click” directly with social networks of the artist Beverly Barkat. No cookies are set when you use the Social Buttons in the Website.

Links

The Website may contain links to other websites, possibly through advertising. Such websites are not owned nor controlled by the Personal Data Controller and may use cookies. Please always refer to the privacy and cookies policy of those websites.

4. How Personal Data are processed

Your Personal Data are mainly processed through IT instruments. We always process your Personal Data fairly, lawfully and transparently in order to ensure their security and confidentiality.

5. How Personal Data are stored

Your Personal Data are stored in dedicated data bases owned by the Personal Data Controller. such databases are secured in appropriate environments with access limited to authorised personnel only. We constantly conduct checks to make sure that the information collected is safely kept.

We have cyber security arrangements to minimise the risk of unauthorised access, improper use, alteration, destruction or accidental loss of your Personal Data. We take appropriate organisational and technical security measures, including specific information security standards for the protection of your Personal Data.

We comply with safety Applicable Laws and best practices and make all efforts aimed at granting the confidentiality  of your Personal Data.

6. How Personal Data are disclosed

We will disclose your Personal Data in such cases where we are required to do so by the Applicable Laws or by a competent authority.

Your Personal Data may also be made accessible to:

-Employees and assistants of the Personal Data Controller, of the Personal Data Processor and of our Representative who need to have access to the Personal Data for the purposes of their processing as required by you;

-Professionals and consultancy firms and/or companies assisting the Personal Data Controller, the Personal Data Processor and our Representative in administration and management matters;

-Professionals and consultancy firms and/or companies assisting the Personal Data Controller, the Personal Data Processor and our Representative in the implementation, maintenance, update and more in general the management of the hardware and software used by them, of the Website and of the services provided through it.

All recipients of your Personal Data shall be appointed by us in accordance with the Applicable Laws.

Your Personal Data will never be subject to dissemination to an undistincted number of persons or entities.

7. Your rights

The Applicable Laws generally provide individuals with rights to access, to object to the processing of, to rectify, to erase, to restrict and to port their Personal Data.

You have the right to obtain confirmation as to whether or not your Personal Data are being processed, and, where that is the case, access to your Personal Data and information about the purposes of the processing, the categories of personal data concerned, the recipients or categories of recipient to whom the Personal Data have been or will be disclosed, in particular recipients in third countries or international organisations, where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period.

You have the right to unsubscribe from the Newsletter at any time, as indicated above.

You have the right to have your Personal Data deleted from our systems at any time and to obtain rectification or erasure of your Personal Data or the restriction of their processing.

You can exercise any of these rights by contacting us at any time at the contact details of the Personal Data Controller and/or of the Personal Data Processor and/or of our Representative which are shown above.

You also have the right to lodge a complaint with the supervisory authorities in accordance with the Applicable Laws.

8. Changes to the Privacy Policy

This Privacy Policy is effective from June 2019.

We may revise this Privacy Policy from time to time and in accordance to our sole discretion, without prior notice to you. We will post the revised version of this privacy policy on the Website. As changes will not be notified to you, please regularly check our Privacy Policy. The revised Privacy Policy will have immediate effect once posted on the Website and any continued use of the website will constitute your explicit and informed consent to the terms of this privacy policy as it may be amended or revised from time to time.

9. Consent

We will only collect personal information in accordance to your explicit and informed consent. Although your consent is not required for the processing your Personal Data as described in this Privacy Policy, your acceptance of this privacy policy and the terms and condition therein constitutes you consent for us to process your personal data as set out in this Privacy Policy.

Cookies Policy

This cookies policy has been developed by Beverly Barkat Ltd as a specific section of its Privacy Policy which you should always refer to. Terms with the initial letter in upper case used in this cookies policy have the same meaning they have in the Privacy Policy. If you want to know more about our Privacy Policy, please refer to the Privacy Policy section above.

As explained in the Privacy Policy, we use cookies while you visit the Website. Cookies are small pieces of information stored by your browser on your computer’s hard drive when you use the Internet Cookies are used for many different purposes: to remember the language selected by the user, to collect statistical information on the visited pages of a website, to identify the browser and the device which are being used, to select dedicated contents and information matching the users’ preferences and many others. The information is then sent back to the users’ computers during their next visits to the same website for the purpose of allowing them to find it again easily.

There are different types of cookies. Some cookies can be permanently stored on the users’ devices and have a variable lifespan (persistent cookies). Other cookies disappear when the browser has been closed or anyhow have a limited duration (session cookies). Cookies can be installed from a visited website (first-party cookies) or from other websites (third-party cookies). Cookies are also distinguished on the basis of their scope and function. Please refer to the chart herein below for a description of the different types of cookies.

Type of cookie:
First-party cookies: First-party cookies are set up and controlled by the owner of a website (in this cookies policy, Beverly Barkat Ltd)
Third-party cookies: Third-party cookies are prearranged and managed by a domain different from the one visited by the user but through which information are sent.
Technical cookies: Technical cookies are only used for the purpose of transmitting a communication on a network or to the extent strictly necessary for the provider of an information service explicitly required by the user. Technical cookies can be session, analytical and functional, as explained below.
Session cookies: Session cookies are temporarily stored on a device and deleted upon closure of the navigation window.
Analytical cookies: Analytical cookies are used for statistical analysis on the navigation methods of a website’s users and collect information anonymously.
Functional cookies: Functional cookies are used to recognize a user who returns to visit a website. They allow customizing the contents and remembering the user-defined preferences (such as the selected language or geographic area). These cookies collect information anonymously and do not allow to identify the user.
Profiling cookies: Profiling cookies are designed to create user-related profiles and are used to send advertisements matching the preferences shown by the user during the visit to a website. The use of these cookies requires the prior consent of the user.

If you want to know more in general about cookies and how they work, you may please refer to:

http://www.allaboutcookies.org

http://www.youronlinechoices.com.

In the Website, we only use analytical cookies to collect aggregated information about the number of users and how they engage with the Website. The cookies we use are all operated by third parties. We do not use cookies operated by the Personal Data Controller.

In particular, we use Google Analytics, a web analytics service provided by Google, Inc. Google Analytics uses cookies to collect information about details of users’ visits to the Website (including IP addresses). The information is sent to and stored in Goggle’s servers in the US.

In the Website, Google Analytics has been enhanced with “gat.anonymizelp();” to the purpose of granting the anonymous collection of IP addressed (commonly known as IP-Masking). IP addresses are collected in a short form only, which does not allow the identification of the users. Google also complies with the EU-US Privacy Shield data protection framework.

Google Analytics uses the Personal Data it collects to report about the use of the Website and to release other services in connection with the use of the Website and of the Internet Google Analytics will not transfer the information it collects to any third party except where required to do so by law. Please note that we will not use Google Analytics to collect any information from which you can be personally identified, and we will not associate the information provided by Google Analytics (including your IP address) with your Personal Data or any other data collected by Google. By visiting the Website, you are agreeing to the processing and transfer of your Personal Data to such purposes.

If you want to know more about Google Analytics, please refer to the following websites:

https://marketingplatform.google.com/intl/en_uk/about/analytics/

https://support.google.com/analytics/answer/7124332?hl=en

https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage

Managing the Cookies

The setting of the analytic cookies we use on your computer is not subject to your prior consent.

You may anyhow at any time refuse to accept the cookies or delete them by your browser’s security settings. This may however result in slowing down or preventing access to the Website or to some of its pages. 

If you want to know more about how cookies can be managed from the most common website browsers, please refer to the following websites:

Internet Explorer: http://windows.microsoft.com/it-IT/internet-explorer/delete-manage-cookies

Google Chrome: https://support.google.com/chrome/answer/95647?hl=en

Mozilla Firefox: https://support.mozilla.org/en-US/kb/cookies-information-websites-store-on-your-computer

Opera: https://help.opera.com/en/latest/web-preferences/#cookies

Safari: https://support.apple.com/en-gb/guide/safari/sfri11471/mac

Google Analytics: http://tools.google.com/dlpage/gaoptout?hl=en.

Prohibited Activities
In addition to any other restrictions described in these Terms, you may not:

(a) use the Web Site for any commercial purpose;

(b) allow, enable, or otherwise support through the Site the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam);

(c) use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Web Site or monitor or copy the web pages or the content contained thereon;

(d) deep link to the Web Site for any purpose;

(e) frame the Web Site, place pop-up windows over its pages, or otherwise affect the display of its pages.

(f) interfere with or disrupt the Web Site or services or networks connected to the Web Site or disobey any requirements, procedures, policies, or regulations of networks connected to the Web Site; or

(g) send any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, racially offensive, or otherwise objectionable, as determined by law or by Barkat in its sole discretion.

Disclaimer of Warranties and Limitations on Liabilities
THIS WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. BARKAT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS ABOUT THE SUITABILITY OF THE MATERIALS ON THE WEB SITE FOR ANY PURPOSE. BARKAT DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NON-INFRINGEMENT.

BARKAT MAKES NO WARRANTY THAT THE WEB SITE AND/OR THE CONTENT THEREIN WILL MEET YOUR REQUIREMENTS OR THAT THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK.

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL BARKAT, ITS REPRESENTATIVES, AND ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF REVENUES, PROFITS, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO THE WEB SITE, THE MATERIALS ON THE WEB SITE OR YOUR USE OF THE WEB SITE OR THE MATERIALS, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, WARRANTY, STATUTE, STRICT LIABILITY OR OTHERWISE.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEB SITE.

Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Barkat may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of its liability shall be the minimum permitted under such applicable law.

Indemnification
You agree to indemnify, defend, and hold harmless Barkat, its representatives, assigns, partners, employees, advisors, officers, directors, consultants, agents, and affiliates from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from: (1) any information you submit or transmit to or through the Web Site; (2) your use of the Web Site or the content contained therein; (3) your violation of these Terms; or (4) any viruses, Trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful or deleterious programming routines input by you into the Web Site.

Enforcement of Terms
Barkat’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Should any portion of these Terms be held invalid, unlawful or unenforceable, the remaining Terms shall not be affected. The section titles in the Terms are for convenience only and have no legal or contractual effect.

Governing Law
These Terms shall be governed by the laws of Israel without giving effect to its principles relating to choice of laws.

Entire Agreement
The Terms constitute the entire and sole agreement between you and Beverly Barkat with respect to your use of the Web Site and the content contained thereon.