Simon Berger // Solo exhibition

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Last updated: November 12, 2024

This Privacy Policy describes how Underdogs (the "Site", "we", "us", or "our") collects, uses, and discloses your personal information when you visit, use our services, or make a purchase from www.under-dogs.net (the "Site") or otherwise communicate with us regarding the Site (collectively, the "Services"). For purposes of this Privacy Policy, "you" and "your" means you as the user of the Services, whether you are a customer, website visitor, or another individual whose information we have collected pursuant to this Privacy Policy.

Please read this Privacy Policy carefully.

Changes to This Privacy Policy

We may update this Privacy Policy from time to time, including to reflect changes to our practices or for other operational, legal, or regulatory reasons. We will post the revised Privacy Policy on the Site, update the "Last updated" date and take any other steps required by applicable law.

How We Collect and Use Your Personal Information

To provide the Services, we collect and have collected over the past 12 months personal information about you from a variety of sources, as set out below. The information that we collect and use varies depending on how you interact with us.

In addition to the specific uses set out below, we may use information we collect about you to communicate with you, provide or improve or improve the Services, comply with any applicable legal obligations, enforce any applicable terms of service, and to protect or defend the Services, our rights, and the rights of our users or others.

What Personal Information We Collect

The types of personal information we obtain about you depends on how you interact with our Site and use our Services. When we use the term "personal information", we are referring to information that identifies, relates to, describes or can be associated with you. The following sections describe the categories and specific types of personal information we collect.

Information We Collect Directly from You

Information that you directly submit to us through our Services may include:

Contact details including your name, address, phone number, and email.
Order information including your name, billing address, shipping address, payment confirmation, email address, and phone number.
Account information including your username, password, security questions and other information used for account security purposes.
Shopping information including the items you view, put in your cart, saved into your account like loyalty points, reviews, referrals or gift cards, or purchases.
- Loyalty points/product reviews/referrals/gift cards saved
Customer support information including the information you choose to include in communications with us, for example, when sending a message through the Services.

Some features of the Services may require you to directly provide us with certain information about yourself. You may elect not to provide this information, but doing so may prevent you from using or accessing these features.

Information We Collect about Your Usage

We may also automatically collect certain information about your interaction with the Services ("Usage Data"). To do this, we may use cookies, pixels and similar technologies ("Cookies"). Usage Data may include information about how you access and use our Site and your account, including device information, browser information, information about your network connection, your IP address and other information regarding your interaction with the Services.

Information We Obtain from Third Parties

Finally, we may obtain information about you from third parties, including from vendors and service providers who may collect information on our behalf, such as:

Companies who support our Site and Services, such as Shopify.
Our payment processors, who collect payment information (e.g., bank account, credit or debit card information, billing address) to process your payment in order to fulfill your orders and provide you with products or services you have requested, in order to perform our contract with you.
When you visit our Site, open or click on emails we send you, or interact with our Services or advertisements, we, or third parties we work with, may automatically collect certain information using online tracking technologies such as pixels, web beacons, software developer kits, third-party libraries, and cookies.

Any information we obtain from third parties will be treated in accordance with this Privacy Policy. Also see the section below, Third Party Websites and Links.

How We Use Your Personal Information

Providing Products and Services. We use your personal information to provide you with the Services in order to perform our contract with you, including to process your payments, fulfill your orders, to send notifications to you related to your account, purchases, returns, exchanges or other transactions, to create, maintain and otherwise manage your account, to arrange for shipping, facilitate any returns and exchanges and other features and functionalities related to your account. We may also enhance your shopping experience by enabling Shopify to match your account with other Shopify services that you may choose to use. In this case, Shopify will process your information as set forth in its Privacy Policy and Consumer Privacy Policy.
Marketing and Advertising. We may use your personal information for marketing and promotional purposes, such as to send marketing, advertising and promotional communications by email, text message or postal mail, and to show you advertisements for products or services. This may include using your personal information to better tailor the Services and advertising on our Site and other websites. If you are an EEA resident, the legal basis for these data processing activities is our legitimate interest in selling our products, according to Art. 6 (1) (f) GDPR.
Security and Fraud Prevention. We use your personal information to detect, investigate or take action regarding possible fraudulent, illegal or malicious activity. If you choose to use the Services and register an account, you are responsible for keeping your account credentials safe. We highly recommend that you do not share your username, password, or other access details with anyone else. If you believe your account has been compromised, please contact us immediately. If you are an EEA resident, the legal basis for these data processing activities is our legitimate interest in keeping our website secure for you and other customers, according to Art. 6 (1) (f) GDPR.
Communicating with You and Service Improvement. We use your personal information to provide you with customer support and improve our Services. This is in our legitimate interests in order to be responsive to you, to provide effective services to you, and to maintain our business relationship with you according to Art. 6 (1) (f) GDPR.

Cookies

Like many websites, we use Cookies on our Site. For specific information about the Cookies that we use related to powering our store with Shopify, see https://www.shopify.com/legal/cookies. We use Cookies to power and improve our Site and our Services (including to remember your actions and preferences), to run analytics and better understand user interaction with the Services (in our legitimate interests to administer, improve and optimize the Services). We may also permit third parties and services providers to use Cookies on our Site to better tailor the services, products and advertising on our Site and other websites.

Most browsers automatically accept Cookies by default, but you can choose to set your browser to remove or reject Cookies through your browser controls. Please keep in mind that removing or blocking Cookies can negatively impact your user experience and may cause some of the Services, including certain features and general functionality, to work incorrectly or no longer be available. Additionally, blocking Cookies may not completely prevent how we share information with third parties such as our advertising partners.

Please note that while your browser may allow you to transmit a “do not track” signal, like many websites, our Site is not designed to respond to such signals. To learn more about “do not track” signals, you can visit http://www.allaboutdnt.com/.

How We Disclose Personal Information

In certain circumstances, we may disclose your personal information to third parties for contract fulfillment purposes, legitimate purposes and other reasons subject to this Privacy Policy. Such circumstances may include:

With vendors or other third parties who perform services on our behalf (e.g., IT management, payment processing, data analytics, customer support, cloud storage, fulfillment and shipping).
With business and marketing partners to provide services and advertise to you. Our business and marketing partners will use your information in accordance with their own privacy notices.
When you direct, request us or otherwise consent to our disclosure of certain information to third parties, such as to ship you products or through your use of social media widgets or login integrations, with your consent.
With our affiliates or otherwise within our corporate group, in our legitimate interests to run a successful business.
In connection with a business transaction such as a merger or bankruptcy, to comply with any applicable legal obligations (including to respond to subpoenas, search warrants and similar requests), to enforce any applicable terms of service, and to protect or defend the Services, our rights, and the rights of our users or others.

We have in the past 12 months disclosed the following categories of personal information and sensitive personal information about users for the purposes set out above in "How we Collect and Use your Personal Information" and "How we Disclose Personal Information":

Category	Categories of Recipients
Identifiers such as basic contact details and certain order and account information Personal information categories listed in the California Customer Records statute such as basic contact details and certain order and account information Commercial information such as order information, shopping information and customer support information Internet or other similar network activity, such as Usage Data Geolocation data such as locations determined by an IP address or other technical measures	Vendors and third parties who perform services on our behalf (such as Internet service providers, payment processors, fulfillment partners, customer support partners and data analytics providers) Business and marketing partners Affiliates

Third Party Websites and Links

Our Site may provide links to websites or other online platforms operated by third parties. If you follow links to sites not affiliated or controlled by us, you should review their privacy and security policies and other terms and conditions. We do not guarantee and are not responsible for the privacy or security of such sites, including the accuracy, completeness, or reliability of information found on these sites. Information you provide on public or semi-public venues, including information you share on third-party social networking platforms may also be viewable by other users of the Services and/or users of those third-party platforms without limitation as to its use by us or by a third party. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators, except as disclosed on the Services.

Children's Data

The Services are not intended to be used by children, and we do not knowingly collect any personal information about children. If you are the parent or guardian of a child who has provided us with their personal information, you may contact us using the contact details set out below to request that it be deleted.

As of the Effective Date of this Privacy Policy, we do not have actual knowledge that we “share” or “sell” (as those terms are defined in applicable law) personal information of individuals under 16 years of age.

Security and Retention of Your Information

Please be aware that no security measures are perfect or impenetrable, and we cannot guarantee “perfect security.” In addition, any information you send to us may not be secure while in transit. We recommend that you do not use insecure channels to communicate sensitive or confidential information to us.

How long we retain your personal information depends on different factors, such as whether we need the information to maintain your account, to provide the Services, comply with legal obligations, resolve disputes or enforce other applicable contracts and policies.

Your Rights

Depending on where you live, you may have some or all of the rights listed below in relation to your personal information. However, these rights are not absolute, may apply only in certain circumstances and, in certain cases, we may decline your request as permitted by law.

Right to Access / Know: You may have a right to request access to personal information that we hold about you, including details relating to the ways in which we use and share your information.
Right to Delete: You may have a right to request that we delete personal information we maintain about you.
Right to Correct: You may have a right to request that we correct inaccurate personal information we maintain about you.
Right of Portability: You may have a right to receive a copy of the personal information we hold about you and to request that we transfer it to a third party, in certain circumstances and with certain exceptions.
Restriction of Processing: You may have the right to ask us to stop or restrict our processing of personal information.
Withdrawal of Consent: Where we rely on consent to process your personal information, you may have the right to withdraw this consent.
Appeal: You may have a right to appeal our decision if we decline to process your request. You can do so by replying directly to our denial.
Managing Communication Preferences: We may send you promotional emails, and you may opt out of receiving these at any time by using the unsubscribe option displayed in our emails to you. If you opt out, we may still send you non-promotional emails, such as those about your account or orders that you have made.

You may exercise any of these rights where indicated on our Site or by contacting us using the contact details provided below.

We will not discriminate against you for exercising any of these rights. We may need to collect information from you to verify your identity, such as your email address or account information, before providing a substantive response to the request. In accordance with applicable laws, you may designate an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require that the agent provide proof you have authorized them to act on your behalf, and we may need you to verify your identity directly with us. We will respond to your request in a timely manner as required under applicable law.

Complaints

If you have complaints about how we process your personal information, please contact us using the contact details provided below. If you are not satisfied with our response to your complaint, depending on where you live you may have the right to appeal our decision by contacting us using the contact details set out below, or lodge your complaint with your local data protection authority. For the EEA, you can find a list of the responsible data protection supervisory authorities here.

International Users

Please note that we may transfer, store and process your personal information outside the country you live in. Your personal information is also processed by staff and third party service providers and partners in these countries.

If we transfer your personal information out of Europe, we will rely on recognized transfer mechanisms like the European Commission's Standard Contractual Clauses, or any equivalent contracts issued by the relevant competent authority of the UK, as relevant, unless the data transfer is to a country that has been determined to provide an adequate level of protection.

Contact

Should you have any questions about our privacy practices or this Privacy Policy, or if you would like to exercise any of the rights available to you, please call or email us at info@under-dogs.net or contact us at Rua Fernando Palha, 56, Lisboa, PT-11, 1950-132, PT.

For the purpose of applicable data protection laws and if not explicitly stated otherwise, we are the data controller of your personal information.

This version was last updated on 22nd October 2024.

Welcome to Under-Dogs Online Shop! These Terms of Service govern your access and use of the website https://www.under-dogs.net/, operated by Underdogs – Comércio e Produção Artigos Decorativos, Lda. (hereinafter referred to as "Underdogs", "we", or "us"). By using our website, you accept and agree to comply with these terms. Please read them carefully. If you do not agree, you should not use the website.

1. About Us

Underdogs is a cultural platform based in Lisbon, Portugal that encompasses a gallery with two exhibition areas, a public art programme, the production of artist editions, and the development of commissioned art projects. Established in 2010 and consolidated in its present form in 2013, Underdogs works with a diversified roster of Portuguese and international artists connected with the urban-inspired contemporary art universe, fostering the development of close relationship between creators, the public, and the city.

Since its inception, Underdogs has worked closely with over 100 Portuguese and international artists helping them to produce original, high-quality editions.

Created in a variety of media – including screen prints, Risograph prints, photographic prints, sculptural and ceramic objects, and books, among others – and coming in a wide range of affordable prices, these can be purchased through our online store (with worldwide shipping).

By using Underdogs Online Shop, you are accepting and agreeing to these terms and conditions, our privacy policy and cookie policy. Please note that any other terms to be referenced in this document may become available further on, subject to notice by us.

This website is operated by Underdogs – Comércio e Produção Artigos Decorativos, Lda, trading as Underdogs. We are registered in Portugal under VAT number 510985718 and have our registered office at Rua Ilídio Gomes de Carvalho, nº 1, R/C Dto,2840-268 Seixal, Portugal.

From time to time Underdogs may make limited time or other special offers available which are also subject to the terms and conditions stated at the time of placing an order. In the event of any conflict between these terms and conditions and the special offer conditions, the special offer conditions shall apply.

2. Access to Underdogs Online Shop

2.1 Eligibility
You must be at least 18 years old to place an order on our website. By visiting and/or registering an account, you consent to the collection and processing of your data as described in our Privacy Policy.

2.2 Account Registration
To place an order, you must register for an account. You agree to provide accurate and complete information and keep your account details updated. You are responsible for maintaining the confidentiality of your login credentials.

2.3 Order Issues
If there are any problems with your order, we will notify you by email or telephone. We take appropriate measures to secure your order details and payment information, but we are not responsible for any unauthorised access or breaches beyond our control.

3. Orders and Payment

3.1 Product Availability
All items on the website are subject to availability. If an item is out of stock or delayed, we will notify you by email or phone.

3.2 Prices and Payment

Orders are only processed after payment confirmation. Once the payment has been confirmed, we will send you an email confirming that the order has been processed. It may take a few days for the payment to be processed in your account.

To make a payment at our website you must use Paypal, MB Way, Visa or Mastercard.

All payments through Paypal are taken in EUR (€) and will be charged at the current exchange rate. To view current exchange rates please contact your bank.

Payment can be made via our secure check out pages using your credit or debit card. Your card will be debited at the moment you place your order and receive confirmation.

3.3 Discount Codes and Gift Cards

Occasionally, Underdogs may offer discount codes. Users with a valid discount code are entitled to receive the amount of discount offered by Underdogs at Underdogs Online Shop.

The discount code is only valid online and for the period for which it has been given. Discount codes cannot be exchanged for cash and are non-transferable.

Underdogs’ gift cards are issued by Underdogs and can be redeemed against any or a selection of artworks available at our store. Special conditions may apply to our gift cards and in such case, we would advise you to read those terms and conditions before purchasing it.

Gift cards may be combined with other forms of payment but are not exchangeable for cash. If conditions allow it, gift cards may be used more than once.

By purchasing a gift card at our website, you are consenting to the collection, use and disclosure of your personal information to Underdogs for the purpose of the issue and redemption of your gift card.

4. Shipping and Returns

4.1 Shipping Policy

We will endeavour to process all orders the following 1-2 weeks, Monday through Friday, excluding holidays. Orders received on weekends and holidays will be processed the following business days within 1-2 weeks. Orders are processed from Lisbon, Portugal.

Availability of products may vary and cannot be guaranteed. If you have ordered an artwork that is not available or is delayed, we will notify you via email or telephone.

We ship worldwide and shipping may usually take 1-2 weeks if your address is in Portugal or in some locations in Europe, and a maximum of 30 days for the rest of the world. In any case, we will try not to take longer than 30 days.

Shipping at Underdogs includes standard delivery only.

You will receive a confirmation email when the order has been dispatched. Please note that our shipments are insured. Portugal and EU residents will pay VAT on their purchases.

For international orders, additional fees may be charged by the companies that provide services for us: FedEx and TNT.

Orders are delivered using FedEx and TNT and we put all our efforts into taking good care as they are art items and fragile goods. All artworks will be safely packed, according to the best practices.

Any further inquiries on shipping should be directed to info@under-dogs.net.

For more details, please review our Shipping Policy.

4.2 Returns Policy

If for any reason you are unhappy with your purchase or have changed your mind, please inform us by email info@under-dogs.net within 14 days of receiving your goods. Unfortunately, after 14 days we cannot proceed with full refund or exchange.

All damages must be reported by email info@under-dogs.net within 24 hours of receiving the goods. In case of proven damage, and according to the availability of the goods online, you can choose either to return the goods or exchange it.

If there is damage reported to us that allows us to proceed with the return or if you return goods within 14 days of receiving them, any sum debited from your credit or debit card will be re-credited to your account as soon as the goods are well received at our headquarters. Returns are processed within two weeks, but refunds might take up to 2 additional working days to show in your account.

In case of payments made through PayPal or MB Way, we will refund you according to the rules and methods used by the providers of PayPal and MB Way. In case of queries about how refunds are processed, you must reach us at info@under-dogs.net.

All returns allowed by Underdogs should be made by post and upon following our instructions in order to protect the goods and sent to our headquarters. If we realise that any goods are sent back to us with damage or loss or in conditions that prevent us from putting them back to sale, which were not caused by us, you may not be entitled to refund.

For more details, please review our Returns & Refunds Policy or contact us at info@under-dogs.net.

5. Intellectual Property

5.1 Artwork and Content
All artworks on the website are original and created by the respective artists. The purchase of an artwork does not transfer any copyright or related intellectual property rights to you. These rights remain with the artist, and you are prohibited from reproducing or distributing the artwork without permission.

5.2 Copyright Policy

We respect the intellectual property rights of others and expect users of Underdogs Online Shop to do the same.

All artworks available on our website for sale are original copies and were entirely and exclusively produced by the respective artists mentioned therein. All copyrights belong to their respective artists.

If you have a belief that any content on our store infringes your intellectual property, let us know at info@under-dogs.net.

Please note that by placing an Order, you are purchasing the physical artwork only and this does not give you any rights under copyright or related rights over that artwork. Copyright or related rights must be negotiated separately with the relevant owner of the intellectual property rights.

5.3 Display of the Artworks

The images of the artworks on the website are for illustrative purposes only. We try to display the colours accurately, but we are not liable for any non-conformity between your computer or device’s display of the colours and the real colours of the physical artwork.

6. Limitation of Liability

6.1 No Warranty
We provide our website and its content on an "as is" basis without warranties of any kind, whether express or implied. We make no guarantee that the website will be free from errors, viruses, or interruptions.

6.2 Limitation of Liability
Underdogs will not be liable for any indirect, incidental, or consequential damages arising from your use of the website. Your use of the website is at your own risk.

7. Force Majeure

Underdogs is not liable for delays or failures in performance resulting from events beyond our control, including natural disasters, wars, pandemics, technical failures, or other unforeseen circumstances. If affected by such events, we will notify you and work to resolve the situation as quickly as possible.

8. Changes to Terms of Service

We may update these Terms of Service periodically. Any significant changes will be communicated via email to registered users or posted on the website. Continued use of the website after changes are made constitutes acceptance of the updated terms.

9. Governing Law and Jurisdiction

These terms are governed by the laws of Portugal. Any disputes arising from these terms or your use of the website will be resolved in the courts of Lisbon, Portugal.

10. Contact Us

If you have any questions, suggestions and commentaries, you should address them to info@under-dogs.net.

Any queries about the terms and conditions of Underdogs Online Shop or regarding your order, you can let us know at info@under-dogs.net. We will try to get back to you as soon as possible and in any case within 30 days.