Algemene voorwaarden & Privacybeleid

Terms and Conditions

For the purpose of these terms and conditions, Foam Fotografiemuseum Amsterdam, Foam Magazine and Hexspoor, the company that fulfils orders on behalf of Foam, are referred to collectively as "Foam". By using this site, you signify your acceptance of these terms of use stated below. This site contains links to other sites. Foam is not responsible for the privacy practices or the content of the adjoined Web sites.


Indemnification

You agree to indemnify and hold Foam, its subsidiaries, affiliates, third-party service providers, and their respective directors, officers, employees, partners, licensors, and agents harmless from any loss or liability arising out of your use of the Site or from any claim, demand, loss, cost, and expenses, including attorney's fees, arising out of your use of the Site in violation of these terms of use and/or your activities in conjunction with the Site or services related to the Site.


Exchanges and Refunds

If the product received fails to meet expectations, the buyer has a period of 14 days in which to respond in one of the following ways. The buyer can contact Foam by fax, post or email only) voiding the contract with Foam.


Force majeure

  1. In the case of circumstances beyond the control of Foam, Foam shall not be obligated to perform its obligations to the buyer; dates by which such obligations are scheduled to be met shall be extended for a period of time, equal to the period of time lost through the delay, caused by such circumstances.
  2. Circumstances excusing Foam from performing all or part of its obligations are those that occur completely beyond the control of Foam. Examples of uncontrollable circumstances are natural disasters, power failures, strikes, fires, wars, riots, unanticipated government restrictions and the failure of third parties to fulfil their obligations to Foam. Other unforeseen circumstances that fall into this category are disruptions caused by telecommunication failures, including the short- and long-term unavailability of internet sites.


Typographical errors in regards to orders 

Foam endeavours to provide timely, accurate information on its website, but is not responsible for any inadvertent editorial or typographical errors. In the event that a Foam product is mistakenly listed at an incorrect price, Foam reserves the right to refuse or cancel any orders placed at the incorrect price, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Foam shall issue a credit to your credit card account in the amount of the incorrect price.


Application of the general conditions and terms of sale 

The General Conditions and Terms of Sale, as stated here, apply to all contracts between Foam and its subscribers and/or customers, with regard to both products and services. Ordering a subscription or a product from Foam denotes compliance with Foam General Conditions and Terms of Sale. Foam serves customers worldwide. Foam will respect the information of visitors to the website and readers of digital newsletters. Personal information is carefully processed and protected. Foam is operating under the requirements of the Data Protection Act.


Privacy Policy

This Privacy Policy sets out how Foam uses and processes data from visitors, customers and supporters, and applies to the website foam.org and all other websites that are published on or behalf of Foam. Foam is committed to ensuring that your privacy is protected.

Foam is committed to ensuring that your privacy is protected.

Foam may change this policy from time to time by updating this page. You should check this page regularly to ensure that you are satisfied with any changes.

This policy is effective from 25 May 2018.

This privacy policy is governed by Dutch law. Disputes in relation to the use of this website can only be submitted to the competent court in Amsterdam.

This website, published on foam.org and various subdomains (e.g. http://tickets.foam.org), is compiled and updated with the utmost care. Foam assumes no liability whatsoever for the use of this website. Foam offers no guarantee that this website is virus-free, nor that it will be accessible at all times or that it will always be in perfect working order.

Non-public domain images and texts on this website are protected by copyright, with the creator or Foam being the copyright owner of the photographic material. The mere fact that this website contains images and texts does not necessarily mean that the Foam is at liberty to grant licenses for additional publication or reproduction thereof. The Foam brands and logos are protected under trademark law. Unauthorised use of these brands is prohibited.

Stichting Fotografiemuseum Amsterdam is a registered foundation with several extensions. Foam Editions and the bookshop form part of a separate limited company Foam Projects B.V, while Foam Magazine B.V. and Stichting Foam Friends are registered for specific activities related to publishing and donations. This privacy policy covers all parties under the umbrella of Foam.

If you have any questions or queries about this policy please use the contact information at the bottom of this policy.


Table of contents

  1. What kind of information do we collect and process?
  2. What do we use your personal data for?
  3. How do we collect your data?
  4. Information from third parties
  5. What are the legal grounds for our processing of your personal information?
  6. Disclosure of your details to third parties
  7. How and when can you withdraw your consent?
  8. For how long is your personal information retained by us?
  9. What are your rights under data protection laws?
  10. Security
  11. Cookies
  12. Changing or removing your personal details
  13. Contacting us regarding this privacy policy and personal details


1. What kind of information do we collect and process?

When browsing our website

We collect data using Google Analytics that tracks our visitors' behaviour on our website which provides insight into ways we can improve the usability of the website. This information is also used for retargeting advertisement campaigns on Foam’s various social media platforms Facebook and Instagram and used for internal reporting purposes. Google Analytics uses cookies to track this information but Google Analytics is anonymised in accordance with GDPR. By not accepting our cookies, all parts of the website will remain at your disposal, but your details and behaviour will be excluded from being collected or purposed as stated above.

Mailing List

In order to sign-up to our mailing list, you need to provide your email address, first name, last name, city and country of residence. By signing up, either through Foam’s website, activities or in the museum, we register your details after double confirmation before we add you to our mailing list. You can set your preference for either English or Dutch mailings. Using this information, you can unsubscribe at any time. The option to do so is linked from every email you receive from us at the bottom. By unsubscribing, you are only unsubscribed for the specific mailing list you are subscribed to. For a full overview of your subscriptions and requesting to unsubscribe from all, please fill in the form to request change or removal of your details known at Foam.

Booking Events and Reservations

In order to book a place for an event, you will be required to provide more information including your name, email, billing address and payment information if you are signing up for a ticketed event. Any external partner involved, such as payment providers assigned by Foam, are operating in accordance with GDPR. Booking details will remain saved and centralized in our CRM system and website CMS.

Memberships

When buying a membership for yourself or on another’s behalf you will be required to provide your Name, Postal Address, Billing Address, Email Address and Telephone Number. Payment details will be registered in our CRM system in case you opt for an membership on autorenewal of invoiced base. If you are purchasing a gift or joint membership you will also be required to provide the relevant details of the intended recipient.

Buying a Product Online

When buying a product online you will be required to provide your name, email address, delivery and billing address in order to fulfil your order. In case of subscription-based products, we will save additional information such as a start date, end date and payment or invoice details Any external partner involved, such as software suppliers and payment providers assigned by Foam, are operating in accordance with GDPR.

Submitting work to Foam

When sending us material for exhibitions or related activities you will be asked for information about the content and authorship of the material. Foam will store your materials for research purposes and occasionally remove materials from the database. In case your submission isn’t relevant or outdated for Foam to consider, do not contact us for a replacement but send in your latest relevant work for consideration.

Visiting the galleries

When visiting Foam in Amsterdam or other satellite locations for an event or opening, images of you may be captured for promotional purposes. In case you find yourself included in photography against your will, fill in the form to request for removal. Foam will adjust the publication and confirm the removal of the original file for future use.


2. What do we use your personal data for?

We use your personal data, including any of the personal data listed above, for the following purposes:

Foam primarily uses email as our main communication method. As standard, we send a regular newsletter which generally features information about our current and upcoming exhibitions, talks and events, featured content and videos and relevant third party reciprocal marketing. The content and layout of our emails are subject to change and you are welcome to update your preferences or unsubscribe altogether as and when you wish. Foam occasionally uploads email addresses of newsletter subscribers for social advertising in order to reach a growing and relevant audience. In case you have an active social media profile, messages aligned with Foam’s activities will be shown in advertisements. If you have no active social media profile, there won’t be any effects to this action.

Registering you for a talk, course or event. In order to book a place on any of our talks, events we require information including billing details in order to process transactions and book you a place. Your registration is saved on our website CMS as a functional database, in case of bookings fail. After a successful registration, we will save your booking in our CRM system.

Administering membership requires personal information to be held about you and potentially a joint member related to you or a gift recipient for correct servicing and fulfilling your gift order.

When donating or becoming a member if applicable we will store a declaration for purposes of claiming gift aid on your behalf in both our CRM and financial administration.

General

We also use stored data regarding memberships, bookings and donations to build a picture of our audiences and in the future provide tailored emails and offers to you

To develop new products and services and to review and improve current products and services

To comply with legal and regulatory obligations, requirements and guidance

To process any donations made to Foam

The website collects some anonymous information about you automatically as you move through the site. This information is used to help us monitor how you and other visitors use the site, allowing us to provide an improved service throughout the site.

We ask for information about work submitted to us for exhibition or sale for the benefit of the viewer or buyer

The CCTV video registration system at Foam is installed for the safety of visitors and the security of the exhibited works. The footage is retained 14 working ways and then systematically deleted unless the footage is required for evidential purposes. In this case, it is possible Foam has to make footage available to authorities such as the police. People involved will be informed of our best options possible.


3. How do we collect your data?

We collect different information about you in a number of ways:

Information you give us

When you buy tickets, sign up to our newsletter, request marketing materials, give us feedback or make a donation, we will store the personal information you give to us such as your name, email address, postal address, telephone number and card details. We will also keep a record of your purchases and donations.

Automated technologies or interactions

As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies.


4. Information from third parties

We occasionally receive information about you from third parties as set out below:

Analytics providers such as Google

Advertising networks such as Facebook

Search information providers such as Google AdWords

Partners: Foam sometimes is requested by partners to service invitations for openings, events or complimentary products related to Foam. In this case, Foam and the partner sign an agreement. 


5. What are the legal grounds for our processing of your personal information?

Where we need to perform the contract we are about to enter into or have entered into with you (i.e. purchasing tickets)

Where it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests.

Where we need to comply with a legal or regulatory obligation.

Where we have your explicit consent before using your personal information in that specific situation.


6. Disclosure of your details to third parties

There are certain circumstances under which we may disclose your personal information to third parties.

For instance to our service providers who process data on our behalf and on our instructions (for example our ticketing and CRM software providers). We require all third parties to respect the privacy of your personal information and to treat it in accordance with the law.

In order to process physical mail-outs, we will provide information to a third party mailing house. As a third party contractor, we have ensured that they are GDPR compliant.

We do not allow our third-party service providers to use your personal information for their own purposes and only permit them to process your personal information for specified purposes and in accordance with our instructions. 


7. How and when can you withdraw your consent?

Where we’re relying upon your consent to process personal data, you can withdraw this at any time by contacting us using the details below.


8. For how long is your personal information retained by us?

Depending on the level of information we hold on you and the purposes of holding that information will determine how long we retain data for.


9. What are your rights under data protection laws?

Here is a list of the rights that all individuals have under data protection laws. They don’t apply in all circumstances. If you wish to use any of them, we’ll explain at that time if they are engaged or not.

The right to be informed about the processing of your personal information

The right to have your personal information corrected if it is inaccurate and to have incomplete personal information completed

The right to object to the processing of your personal information

The right to restrict processing of your personal information

The right to have your personal information erased (the “right to be forgotten”)

The right to request access to your personal information and to obtain information about how we process it

The right to move, copy or transfer your personal information (“data portability”)

Your right to object

You have the right to object to certain purposes for processing, in particular to data processed for direct marketing purposes and to data processed for certain reasons based on our legitimate interests. You can contact us using the information below to exercise these rights.

No fee usually required

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable 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 information (or to exercise any of your other rights). This is a security measure to ensure that personal information 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

Foam is by law obliged to respond to and solve all legitimate requests within one month, starting from the date your request was made per e-mail. In case of a request, Foam is partially dependent on the response time by the person making the request. In case it may take Foam longer than a month we will notify you in time and keep you updated.


10. Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and other procedures to safeguard and secure the information we collect online, through offline forms, sales or on personal request.


11. Cookies

A cookie is a text-only string of information that a website transfers to the cookie file of the browser on your computer's hard disk so that the website can remember who you are.

A cookie will typically contain the name of the domain from which the cookie has come, the 'lifetime' of the cookie, and a value, usually a randomly generated unique number.

This site uses different types of cookies. We use Analytics, Advertisement and Social cookies.

Analytics cookies help website owners to understand how visitors interact with websites by collecting and reporting information anonymously.

Advertisement cookies are used to track visitors across websites. The intention is to display ads that are relevant and engaging for the individual user and thereby more valuable for publishers and third party advertisers.

Social cookies optimise and measure the social activities of the website and its users. 

By accepting our cookie policy you are agreeing to our use of cookies. 

Managing cookies

Most web browsers allow you to control the cookies stored on your computer through your browser’s settings. To find out more about cookies, including how to see what cookies have been stored and how to manage and delete them, visit http://www.allaboutcookies.org/

Removing or disabling cookings

You may choose to remove or block cookies at any time by adjusting your browser settings, but in some cases, this may impact your experience of our website.


12. Changing or removing your personal details

If at any time you wish to change or remove your personal details, you can do so here.


13. Contacting us regarding this privacy policy and personal details

You may contact us by email or phone in matters relating to any of the above using the following details:

Email

[email protected]

Post

Foam
Keizersgracht 609
1017 DS Amsterdam

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