1. Who we are

Gstaad Gallery is a private exhibition space operated by Nina Pinault, having its place of business at Oldenhornstrasse, Gstaad, Switzerland ("we"/"us"). By accessing the website at https://www.gstaadgallery.com (the "Website"), you acknowledge and consent to the information collection and use practices described below. Please read this Privacy Notice carefully and contact us if you have questions or concerns at info@gstaadgallery.com or write to us at our above registered address.

2. Personal Data

Personal data means data relating to natural persons who can be identified or who are identifiable, directly from the data in question or who can be indirectly identified from that data in combination with other data ("Personal Data").

We set out below the categories of Personal Data that we may process:

"Contact Data" includes data such as your email address and telephone number; "Identity Data" includes first name, last name, and any information you provide when writing to us; and "Technical Data" includes internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you are using.

Most of the Personal Data we process is provided directly by you or made available when you access or use the Website. We set out below some examples of how you may provide Personal Data to us:

• submitting information to the Website by filling in forms and sending enquiries (for example if you are enquiring about visiting the gallery or about the Living with Art series);
• contacting us by phone, e-mail, social media or otherwise; or
• in the form of information provided by your web browser, when you search and browse the Website for content (through the use of cookies or similar software).

The gallery does not sell works, does not act as an agent for the sale of works, and does not operate an auction. We do not collect financial data, nor do we operate any bidding or consignment process.

3. Purpose

We may use your Personal Data for the following purposes and reasons:

Legitimate Interests:

We may process additional data that you submit to us (for example, requests for information about visiting the gallery or about the Living with Art series) and Technical Data that we automatically collect using cookies, server logs and other similar technologies. We may process the Personal Data (in particular Contact Data and Identity Data) of those who have previously been in touch to personalise emails, send updates about the gallery and material changes in this Privacy Notice, or for other purposes permitted by law. Where we rely on our legitimate business interests to process these categories of Personal Data about you, we will balance our legitimate interests against your interests and rights (for example, responding to inquiries, improving the Website, and enabling network and information security).

Consent:

Where you subscribe to any newsletter or mailing list, we may process your Contact Data and Identity Data. You have the right to withdraw consent at any time, simply click the link provided in the newsletter, or write to us at the email address or registered address listed above.

Legal Obligation:

We may process your Personal Data to comply with our legal obligations or make disclosures to government, regulatory or other public bodies where in our reasonable opinion the disclosure is appropriate and permitted by law.

4. Third-Party Services

We use third-party platforms to support communications. We are not responsible for their privacy practices and you are encouraged to read their privacy notices. The third-party platforms currently used are set out below, but may change from time to time:

Campaign Manager: A third party email platform to manage email marketing subscriber lists and send emails to subscribers. When you subscribe to a newsletter, Campaign Manager may process your Personal Data, particularly your Contact Data and Identity Data. Campaign Manager has its own privacy notice which is available online.

We will not share your Personal Data with third parties other than as necessary for the purposes outlined above and only with third party service providers that provide business, professional or technical support functions on our behalf or as required by law.

5. International Transfers

Your Personal Data may be transferred outside Switzerland. For example, this may be in relation to an international enquiry (where you are located outside of Switzerland), or where we are sharing information with our third party service providers who operate outside Switzerland. We only transfer your Personal Data outside of Switzerland where we are satisfied that the transfer is in accordance with applicable data protection and privacy laws.

6. Storage and Retention

We are strongly committed to protecting your Personal Data and we take reasonable and appropriate steps to protect your Personal Data from unauthorised access, loss, misuse, alteration or corruption. We have put in place physical, electronic, and organisational procedures to safeguard and secure the Personal Data you provide to us, including industry-standard access controls such as secure passwords and multi factor authentication.

We take reasonable steps to ensure that the Personal Data we hold about you is as accurate and complete as is necessary to carry out the relevant purposes described in this Privacy Notice and we will retain your Personal Data for so long as is reasonably necessary for us to fulfil the relevant purposes described in this Privacy Notice, unless a longer retention period is required or permitted by law.

We will then securely dispose of your Personal Data that we hold by permanently deleting it and any back-up files. Personal Data shared with third party service providers is stored and deleted according to their privacy notices.

Please be aware that no electronic transmission or storage of Personal Data can be guaranteed to be 100% secure. We cannot and do not warrant the security of any Personal Data that you transmit, and all such transmissions are done at your own risk.

7. Cookies

Like most websites, we receive and store Technical Data whenever you use the Website. We use "cookies" to improve the Website. A cookie is a small file of letters and numbers that is stored on your browser or the memory of your computer or device. Cookies mean that a website will remember you and help us understand how you use the Website. For more information on the cookies that we use on the Website, please see our Cookie Policy available on the Website.

8. Your Rights

Under the Swiss Federal Act on Data Protection (FADP) and, where applicable, the EU General Data Protection Regulation, you have rights including:

• Right of Access: To ask for copies of your Personal Data.
• Right to Rectification: To ask to rectify inaccurate/incomplete Personal Data.
• Right to Erasure: To ask for your Personal Data to be erased in certain circumstances.
• Right to Restriction of Processing: To ask to restrict the processing of your Personal Data in certain circumstances.
• Right to Object to Processing: To object to the processing of your Personal Data in certain circumstances.
• Right to Data Portability: To ask that your Personal Data be transferred to another organisation, or to you, in certain circumstances.

For more information or to exercise your data protection rights regarding our processing, please write to us at the email address or registered address listed above. We will try to respond to all legitimate requests within one month. If you are unhappy with any aspect of how we handle your Personal Data you can make a complaint to the Swiss Federal Data Protection and Information Commissioner (FDPIC).

9. Changes to the Privacy Notice

This Privacy Notice may be updated from time to time. All amendments will take effect immediately upon posting of the updated Privacy Notice on this Website. If the changes are material, we will post a notice on the Website before the changes go into effect. We encourage you to periodically review this Privacy Notice to stay informed about how we are helping to protect your Personal Data.

This version of the Privacy Notice was last updated on 30 August 2025.

1. Website Terms of Use

Gstaad Gallery is a private exhibition space operated by Nina Pinault, having its place of business at Oldenhornstrasse, Gstaad, Switzerland. Please read these Website Terms of Use ("Terms of Use") carefully before using gstaadgallery.com (the "Website").

This version of the Terms of Use was last updated on 12 July 2026.

1.1

These Terms of Use apply to anyone who uses or accesses the Website ("you"). By using the Website, you confirm that you accept and agree to comply with these Terms of Use. Please also take the time to read our Privacy Notice available on our Website which sets out the terms on how we process any personal data we collect from you, and our Cookie Policy available on our Website.

1.2

We may amend these Terms of Use from time to time. Every time you wish to use our Website, please check these Terms of Use to ensure you understand the terms that apply at that time. If the changes are material, we will let you know by posting a notice on the Website before changes go into effect. If you have any questions about our Terms of Use or on how to use the Website, please contact us at info@gstaadgallery.com or write to us at the above registered address.

2. Nature of the Gallery

2.1

Gstaad Gallery is a private exhibition space. No works in the gallery's exhibitions have been offered for sale during their run. The gallery does not act as an agent for the sale of works, does not take consignments, does not operate an auction, and does not charge for admission.

2.2

Nothing on the Website constitutes an offer for sale, an invitation to treat, or a solicitation to buy any work. Descriptions, images, and statements about works are provided for information only and do not form part of any contract of sale.

3. Accessing our Website

3.1

We may change, modify or close down the Website, or change the purpose around which the Website is based. In the event of a substantial change to the purpose of the Website, we shall amend our Terms of Use accordingly.

3.2

You are responsible for making all arrangements necessary to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

4. Intellectual Property Rights

4.1

All text, graphics, user interfaces, visual interfaces, photographs, trade marks, logos, sounds, music, videos and images/reproductions of artworks, including but not limited to the structure, design, expression, arrangement, and coordination of such material (together the "Content"), on the Website is owned or licensed by or to us, and is protected by intellectual property rights, including copyright and trade marks. By using the Website, you acknowledge that we are the owner or licensee of all intellectual property rights for the Website and the Content. You acknowledge that the Website and the Content may only be used according to these Terms of Use. You acknowledge that the Website and all Content, relevant trade marks, and any other portion thereof may not be reproduced, duplicated, copied, sold, resold, modified or otherwise exploited, in whole or in part, for any purpose without our written consent. All intellectual property rights in the Website and the Content are hereby reserved and our moral rights are hereby asserted.

4.2

If you breach these Terms of Use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the Content you have made.

5. No Reliance on Information

5.1

While we endeavour to ensure that the information on the Website is correct, we cannot guarantee the accuracy and completeness of the Content on the Website. We may make changes to the Content on the Website at any time without notice.

5.2

The Content on the Website is not intended to amount to advice, and we shall not be liable for any loss caused by your reliance on any Content on the Website. The Website and its Content is provided "as is" without any conditions, warranties or other terms of any kind.

6. Links to Third Parties

6.1

The Website may contain hyperlinks to various websites and other resources provided by third parties with information outside of our control. These links are provided for your information only. No mention of any organisation, company or individual through a hyperlink shall imply any approval or warranty as to the standing and capability of any such organisations, company or individual on our part. We have no control over the content of those third-party websites or resources and accept no responsibility for them or for any loss or damage that may be suffered in connection with your use of them.

7. Connectivity and Technical Issues

7.1

Whilst we try to ensure that the Website is accessible at all times, access may be suspended temporarily and without notice in the case of system failure, maintenance or repair, or for reasons beyond our control. We shall not be held liable if for any reason the Website is unavailable at any time or for any period. We also do not guarantee the speed, accuracy or quality of any content on the Website.

7.2

We exercise reasonable skill and care to ensure that our Website is secure and free from viruses and malware; however, we do not guarantee that this is the case. You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any Content on it, or on any Website linked to it.

8. User Material and Conduct

8.1

You shall not circumvent, remove, alter, deactivate, degrade or thwart any of the Website's protections; use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission.

8.2

You may link to the Website, provided you do so in a way that is fair and legal and which does not damage our reputation or take advantage of it. In particular, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The Website must not be framed on any other website. We reserve the right to withdraw linking permission without notice.

8.3

If you wish to make any use of Content on the Website, please address your request to us at the above mentioned email or write to us at the above registered address.

9. Limitation to our Liability

9.1

Nothing in the Terms of Use limits or excludes our liability for: (a) death or personal injury caused by negligence; or (b) fraud or fraudulent misrepresentation.

9.2

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website and its Content, whether express or implied.

9.3

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our Website; or use of or reliance on any Content displayed on our Website. In particular, we will not be liable for any loss of profits, loss of business, goodwill, loss of anticipated savings or for any special, indirect, incidental, or consequential loss, costs, damages, charges or expenses to the fullest extent permitted by law.

10. Miscellaneous

10.1

If a court finds that any part of these Terms of Use is not valid, or is illegal or impossible to enforce, that part of these Terms of Use will be treated as being deleted, and the rest of these Terms of Use will not be affected.

10.2

Neither party shall be liable for total or partial failure to perform any of its obligations or duties under the Terms of Use to the extent that such failure arises in consequence of any force majeure event, industrial dispute, fire, flood, pandemic, mobilisation, requisition, embargo, currency restrictions, insurrection, acts or government, war, acts of terrorism or any circumstances which are beyond their reasonable control.

10.3

Any notice to be given hereunder shall be in writing and sent to or delivered to our email or registered office listed above. Notices are deemed delivered on delivery if by hand or the third day after posting, or if delivered by email, immediately upon transmission if transmitted during normal business hours in the country of the recipient, or otherwise on the following business.

10.4

These Terms of Use, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the laws of Switzerland, and shall be subject to the exclusive jurisdiction of the courts of Switzerland.

This version of the Terms & Conditions was last updated on 12 July 2026.