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Privacy Policy

PRIVACY POLICY

Effective January 2nd, 2022

We take your privacy seriously. Please read our privacy policy carefully to learn more.

1. SCOPE

This Privacy Policy, which is a part of the Terms of Use and the Acceptable Use Policy (collectively, the “Agreement”), explains the types of information we collect through our Services and what we do with such information. “Services” are defined in the Terms of Use. Terms not defined in this Privacy Policy have the meaning defined elsewhere in the Agreement.

We are committed to recognizing and respecting your privacy rights by keeping you informed and processing and protecting your personal data in compliance with applicable data protection laws and regulations (“Data Protection Laws”).

If you are located outside of the United States and you choose to use the Services or provide your information to us, your data may be transferred to, processed, and maintained on servers, databases, or cloud storage facilities located in the United States. Your use of the Services represents your consent and agreement to these practices. If you do not want your data transferred to or processed or maintained in the United States, you should not use the Services.

If you have any questions about this Privacy Policy, please contact us using the contact information provided in your program materials or on the program website. We recognize the importance of privacy and have attempted to conform this Privacy Policy to applicable industry standards and practices existing at the time of its posting. We welcome your feedback.

2. THE PRIVACY OF CHILDREN

The Services are not intended for children under age 18. By using our Services and/or agreeing to these Terms, you are representing to us that you are over the age of 18. We encourage parents to be aware of the online habits of their children. We urge parents to instruct their children to never give out their real names, addresses, or phone numbers, without permission, when using the Internet. We recognize a special obligation to protect personal information obtained or received from children. Therefore, with respect to children under the age of 18, no information should be submitted nor posted to our online sites.

We do not knowingly collect or distribute personal information from or about children under the age of 18. If a parent or guardian becomes aware that his or her child’s information has been provided to us without their consent, he or she should contact us at legal@artworksale.co.

3. INFORMATION WE MAY COLLECT, AND WHETHER THIS INCLUDES PERSONALLY IDENTIFIABLE INFORMATION

provided by you during the registration process may also include or naturally entail other demographic information which is not personally identifying, such as gender, preferred language, age, occupation, household income, ZIP code, or country.

Information we may collect from your use of our Services:

Community or Public Forums and Third-Party Links. Our Service offers publicly accessible community services such as feeds, profiles, sharing, and public links. You should be aware that any personal information or Content you provide in these areas may be read, collected, and used by others who access them. Your posts may remain even after you cancel your account and shared files cannot be un-shared or deleted.

Our Site includes links to other third-party websites whose privacy practices may differ from those of ours. We have no control over the policies, actions, or omissions of third-party websites and are not responsible or liable for any such policies, acts, or omissions. If you submit personal information to any of those websites, your information is governed by the applicable third-party privacy policies and not by our privacy policy. We urge you to carefully review the privacy policy of any website you link to, visit or share information with prior to doing so.

If you are connected to a social network service user account such as Facebook®, we automatically receive and record anonymous data such as anonymous user identifiers provided by such social network service as well as information that you have made available publicly to everybody through such social network service.

If you specifically allow us to access your social network user data such as your Facebook® user data, we automatically receive and record any information you have allowed us to access on your social network user account. As noted below, you can opt not to disclose such information to us.

Server Logs. Our servers automatically record information that your browser sends and the Uniform Resource Locator (“URL”) of the web page from which you came to us whenever you visit our websites. These server logs may include information such as your Internet Protocol (“IP”) address, browser type, browser language, date and time of your request, search terms and may include a domain name and the date and time for each page you view. We also collect the name of and information about any advertisement or other link that brought you to us. This information does not personally identify you. We use IP addresses to diagnose problems with our servers and to administer our website. Your IP address also is used by us to gather broad demographic information, such as your general geographic location and internet service provider. IP addresses are further used to help determine the number of our users to maintain efficient administration of our Services. This demographic information may also be used by us to analyze aggregate usage behavior.

Cookies and related Technology. ” Cookies” are small files that collect information that we use to identify location and track trends and patterns of how people search. We may send one or more cookies to your computer that uniquely identifies your user account or computer. We use cookies for such functions as verifying that you are one of our users, maintaining a history of services provided, and enabling the fulfillment of our Services. Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, many of our Services or features may not function properly if your receipt of cookies is disabled. Web beacons are small bits of code embedded in web pages or emails that assist in delivering cookies. “Web beacons” help ArtworkSale determine whether a webpage on this Site has been viewed and, if so, how many times. ArtworkSale may also use web beacons in email messages to determine what the recipient has done with the message. Although you cannot decline to receive web beacons when visiting a web page, you can choose not to receive web beacons by email if you disable HTML images or refuse HTML email messages.

Google Analytics. The Site uses Google Analytics. Google Analytics assists ArtworkSale with collecting and monitoring data about traffic to the Site. Google Analytics collects visitation information via Google advertising cookies and identifiers. You can learn how Google collects and processes data by visiting the following website: google.com/policies/privacy/partners/. If you would like to opt out of the collection of data by Google Analytics, visit tools.google.com/dlpage/gaoptout. For information about how to opt out of Google Marketing Platform’s use of cookies, visit optout.networkadvertising.org/?c=1. For more information about targeting and advertising cookies and how to opt out of those, visit: optout.aboutads.info.

Geo-Location Information.   Some devices, mobile or otherwise, allow applications to access real-time location-based information (for example, GPS). Our mobile apps do not collect such information from your mobile device at any time while you download or use our mobile apps as of the date this policy went into effect but may do so in the future with your consent to improve our Services. Some photos and videos you place in or on our Services may contain recorded location information. We may use this information to optimize your experience. If you do not wish to share files embedded with your geo-location information with us, please do not upload them. If you don’t want to store location data in your photos or videos, please consult the documentation for your camera, phone, or other device to turn off that feature.

Communications. If you email us, we may store copies of such email or similar communications between you and us. This can result in the collection of your email address or other personally identifiable information you may have in your email text, addresses, or other fields, as well as the collection of your IP address, the Internet or other routing of your communication, and the date and time of your communication. All transmissions between you and us, including emails, URLs, cookie identification numbers, usage paths, and any personally identifiable information they might contain, pass through many third-party machines, operating systems, programs, browsers, web servers, networks, routers, Ethernet switches, ISPs, proxy servers, intranets, the public telephone systems, or other devices, any of which may create activity logs containing such transmissions, and many of which we cannot control. When you send an email, feedback, comments, or other communication to us, we may retain those communications in order to process your inquiries, respond to your requests, improve our Services, and may post or use such communications without any obligation to you.

4. WHAT WE DO WITH THE INFORMATION WE COLLECT / STORE AND HOW WE MAY SHARE THE INFORMATION

In this section, we set out the purposes for which we use personal information that we collect when you use the Services. In relation to EU Users, we are required under applicable Data Protection Laws, to identify the legal bases on which we rely to process the information.

ArtworkSale uses information that you provide and/or that ArtworkSale collects to present the Site to you, improve the Site, deliver a more personalized service to you, provide you with information, products, and/or services that you request from ArtworkSale, market goods or services to you, fulfill any other purpose for which you provide such information, provide you with information you requested, and for any other purpose with your consent. The way ArtworkSale uses such information is described in more detail in the chart below. ArtworkSale may aggregate the information you provide or that ArtworkSale collects from you with information collected from other users to allow ArtworkSale to evaluate its products and services. Artwork may use the information it collects to contact you about ArtworkSale’s products and services that may interest you, and if required by law, we will obtain your approval to do so. If you do not want ArtworkSale to use your information this way, please see Section 6 below.

Why ArtworkSale Processes Your Information

  • to respond to your request
  • to provide you with your payment for completion of a sale
  • to complete your transaction
  • to fulfill the purpose for which you provide the information

Legal Basis for Processing

  • performance of a contract
  • consent
  • to personalize and improve your experience with the Site
  • legitimate interest
  • to ensure technical functionality and proper operation of the Site
  • legitimate interest
  • to improve and develop new services
  • legitimate interest
  • to communicate with you for services-related purposes such as support issues and customer service inquiries
  • performance of a contract
  • legitimate interest
  • consent
  • to communicate with you to respond to a request or for marketing and research purposes consistent with any permissions you may have communicated to us
  • legitimate interest
  • consent
  • to comply with our legal obligations
  • legitimate interest
  • to carry out our obligations and enforce our rights
  • legitimate interest
  • consent
  • in any other way described when the information is collected
  • legitimate interest
  • contract
5. DISCLOSURES

General. ArtworkSale may disclose aggregated information about its users and information that does not identify any individual without restrictions. ArtworkSale may disclose personal information that it collects from you or that you provide to us as described in this Privacy Policy to our business partners, affiliates, contractors, distributors, service providers, and other third parties that ArtworkSale uses to conduct and support its business; to a purchaser or successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets; to fulfill the purpose for which you provided the personal information; for any other purpose when you consent to such disclosure at the time you provide the information.

Legal or Governmental Compliance. We may share your personal information, IP address, or Content with persons outside of our company if we have a good faith belief that access, use, preservation, or disclosure of such information or Content is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce agreements or resolve disputes between you and us, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of our company, its users or the public as required or permitted by law. We will disclose any information or Content we possess that is directly responsive to subpoenas, court orders, or other legal or governmental inquiries, and such information might be used by the receiving party to determine your identity.

Service Providers, Business Partners, and Others.   We may use certain trusted third-party companies and individuals to help us provide, analyze, and improve the Service (including but not limited to data storage, maintenance services, database management, web analytics, payment processing, and improvement of the Service’s features). These third parties may have access to your information only for purposes of performing these tasks on our behalf and under obligations similar to those in this Privacy Policy and must apply appropriate confidentiality and security measures.

Non-Personal Information Disclosure. We may disclose or share non-personal or anonymous or aggregated information with third parties, such as usage statistics of our Services or IP addresses. Aggregated non-personally identifiable information is information recorded about users and collected into groups so that it no longer reflects or references an individually identifiable user. These third parties may collect information when users visit our Services. These third parties may use this aggregated information about your visits to this and other websites in order to provide advertisements on the other websites and other forms of media about goods and services of interest to you.

If you would like more information and to know your choices about this practice, please visit: http://www.networkadvertising.org/managing/opt_out.asp.

Third-Party Applications and Social Media. The Services may use social networking or “share functionality” or may contain links to third-party social media sites or applications that are not owned or controlled by us. We may share your information with a third-party application or social media site with your request or consent, for example when you choose to access our Services through such an application, for example through a mobile device application. We are not responsible for what those parties do with your information, so you should make sure you trust the application and that it has a privacy policy acceptable to you prior to accessing our Services using any third-party applications.

6. YOUR CHOICES

Do Not Track – Our Site does not respond to web browser Do Not Track (DNT) signals.

Tracking Technologies – You may set your browser to refuse some or all browser cookies or to alert you when cookies are being sent. If you disable or refuse cookies, please note that parts of the Site may not be accessible or may not function properly.

Updating Information – You may contact ArtworkSale at the contact information set forth below to request access to, correct, or delete certain personal information that you have provided to ArtworkSale. ArtworkSale may not accommodate a request to change information if ArtworkSale believes the change would violate any law or legal requirement or cause the information to be incorrect.

California Residents – You may see the Policy Notice applicable to California residents in Section 9 below.

7. RESIDENTS OF THE EUROPEAN ECONOMIC AREA (EEA)

If you reside in the European Economic Area (EEA), the following provisions apply to you:

  1. Access – You may request access to your personal information and the following information regarding our use of it: (i) purpose of the use, (ii) categories of personal information used, and (iii) to whom we have disclosed your personal information.
  2. Correction – You may request that ArtworkSale correct any inaccurate personal information we have.
  3. Right to Be Forgotten – You may request that ArtworkSale erase your personal information when ArtworkSale no longer needs such data.
  4. Withdraw Consent – If our ability to use your personal information depends on consent you have given, you may withdraw such consent.
  5. Restriction – You may request that ArtworkSale restrict or suspend the use of your personal information.
  6. Object – You may object to our use of your personal information to perform services you have not requested.
  7. Copies and Portability – You may request copies of your personal information that we possess in a structured, commonly used, and machine-readable format, and you may request that this be transmitted to another controller.
  8. Complaint – You may lodge a complaint with the supervising authority of your country.

If you are a resident of EEA, you may submit a request directing us not to make certain disclosures of personal information. You may contact us by email at privacy@artworksale.co.

8. NEVADA PRIVACY RIGHTS

Under Nevada law, Nevada residents may submit a request directing us not to make certain disclosures of personal information we maintain about them. To exercise this right, please contact us by email at legal@artworksale.co.

9. CALIFORNIA PRIVACY RIGHTS

This Privacy Notice for California Residents (“Privacy Notice”) contains disclosures required by the California Consumer Privacy Act (“CCPA”) and applies only to “personal information” that is subject to the CCPA. It also addresses the requirements of certain other California laws. Capitalized terms used without definition shall have the meanings ascribed to them in the Privacy Policy, and other undefined terms shall have the meanings ascribed to them in the CCPA.

Information That We Collect. This Site collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked to a consumer or personal device. For purposes of this Privacy Notice, such information constitutes personal information.

Personal Information Collected – Below are categories of personal information recognized by the CCPA along with examples (provided by the CCPA) of types of personal information in each category:

  • Identifiers – real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers
  • CA Customer Records Statute Categories – name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information
  • Protected Class Characteristics – age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth, and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information)
  • Commercial Information – records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies 
  • Biometric Information – genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data
  • Internet / Network Activity – browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement
  • Geolocation Data – physical location or movements
  • Security Data – audio, electronic, visual, thermal, olfactory, or similar information
  • Professional / Employment-Related Information – current or past job history or performance evaluations
  • Non-Public Education Information – education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records
  • Inferences Drawn from Other Personal Information – profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes

Exclusions – Personal information does not include publicly available information from government records, de-identified or aggregated consumer information, and information excluded from the CCPA’s scope (such as HIPAA–protected information and information protected by the Gramm-Leach Bliley Act).

Sources – We obtain Personal Information from you directly when you provide ArtworkSale with the information, from you indirectly when you interact with the Site, and from you when you make electronic communications to ArtworkSale.

Use of Personal Information. ArtworkSale uses the personal information it collects in the ways described in Section 4 of this Privacy Policy. ArtworkSale may use personal information for commercial purposes as well as business purposes.

Disclosure of Personal Information. ArtworkSale uses the personal information it collects in the ways described in Section 5 of this Privacy Policy. ArtworkSale has shared or disclosed Personal Information within the past twelve months as described below. The following chart identifies the categories of personal information recognized by the CCPA and collected by ArtworkSale, provides examples of the types of personal information within each category collected by ArtworkSale, indicates whether ArtworkSale has collected such categories of personal information during the past twelve months, the source of such personal information, how ArtworkSale uses such personal information, and to whom ArtworkSale has disclosed such personal information within the past twelve months:

Category (Personal Information)

Source

Business Purpose

Category (Recipient)

Identifiers

  • provided directly by you
  • direct interaction with you
  • technologically gathered from you
  • service providers
  • clients
  • business partners
  • facilitate transactions
  • marketing / communications
  • fulfill requests
  • provide support
  • provide goods / services
  • fulfill contractual obligations
  • service providers
  • carriers
  • business partners

CA Customer Records Statute Categories

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  • provided directly by you
  • direct interaction with you
  • service providers
  • clients
  • business partners
  • facilitate transactions
  • marketing / communications
  • fulfill requests
  • provide support
  • provide goods / services
  • fulfill contractual obligations
  • service providers
  • carriers
  • business partners

Protected Class Characteristics

  • N/A
  • N/A
  • N/A

Commercial Information

  • provided directly by you
  • direct interaction with you
  • service providers
  • clients
  • business partners
  • facilitate transactions
  • marketing / communications
  • fulfill requests
  • provide support
  • provide goods / services
  • fulfill contractual obligations
  • service providers
  • carriers
  • business partners

Biometric Information

  • N/A
  • N/A
  • N/A

Internet / Network Activity

  • your interaction with the Site
  • improve Site
  • personalize Site
  • improve Site experience
  • service providers
  • internet cookie recipients

Geo-Location Data

  • your interaction with the Site
  • improve Site
  • personalize Site
  • improve Site experience
  • N/A

Sensory Data

  • N/A
  • N/A
  • N/A

Professional / Employment-Related Information

  • N/A
  • N/A
  • N/A

Non-Public Education Information

  • N/A
  • N/A
  • N/A

Inferences Drawn from Other Personal Information

  • clients
  • information collected through targeted ads
  • business partners
  • service providers
  • providing services
  • marketing / communications
  • clients
  • service providers

ArtworkSale does not sell personal information, including of minors under 18 years of age.

Your Rights Regarding Personal Information. California residents have certain rights with respect to the personal information collected by businesses. If you are a California resident, you may exercise the following rights regarding your personal information, subject to certain exceptions and limitations:

  • Access and Data Portability – Subject to certain exceptions, you have the right to request certain information about our collection, use, and/or disclosure of your personal information over the past 12 months. After receipt of a verifiable consumer request from you, ArtworkSale will disclose to you the categories of personal information collected, categories of sources for the categories of personal information collected, business or commercial purpose for collecting such personal information, categories of third parties with whom ArtworkSale shared such personal information, and specific pieces of personal information collected about you.
  • Deletion – Subject to certain exceptions, you may request that ArtworkSale delete Personal Information about you that it has collected and retained.
  • Non-Discrimination – You have the right not to receive discriminatory treatment for the exercise of your privacy rights under the CCPA.
  • Opt-Out – You have the right not to have your information disclosed, shared, or sold. If you are a California resident and wish to exercise this right, you may contact us by email at privacy@artworksale.co.

Verification Process and Required Information. Note that we may need to request additional information from you to verify your identity or understand the scope of your request, although you will not be required to create an account with us to submit a request or have it fulfilled.

Authorized Agent. You may designate an authorized agent to make a CCPA request on your behalf. We will require proof of your consent to designating such an agent and verification of your identity as described above.

Data Sharing for Direct Marketing Purposes. California Civil Code § 1798.83 further permits California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. If you are a California resident, you may ask us to request that our affiliates and other third parties not utilize your data for their marketing purposes. Please tell us your preference by contacting us as specified below.

10. SECURITY MEASURES USED TO PROTECT AGAINST THE LOSS, MISUSE, OR ALTERATION OF INFORMATION UNDER OUR CONTROL

The security of your information and Content is important to us. If we collect information from your computer, we encrypt it while it’s being transferred to us.  Once the information reaches our secure servers, as part of our security program, we employ procedures and safeguards, such as maintaining firewalls and having an intrusion detection system to protect the confidentiality, security, and integrity of the information we maintain.  However, as with any information traveling over the internet and kept in servers, we cannot guarantee absolute security.

When we work with third parties, we require that they maintain the confidentiality, security, and integrity of the information and commit that the information is not used for any prohibited purpose. Additionally, we use commercially reasonable computer security safeguards to protect our databases and servers against risks of loss, unauthorized access, destruction, misuse, modification, or inadvertent or improper disclosure of data. These include internal reviews of our data collection, storage, processing practices and security measures, and physical security measures to guard against unauthorized access to systems where we store personal data. We restrict access to personal information to our employees, contractors, and agents who need to know that information in order for us to provide, develop or improve our Services. Security risks, however, cannot be eliminated entirely, and we, therefore, cannot guarantee complete security.

If you send us an email, you should know that email is not necessarily secure against interception. Therefore, if your communication will include sensitive information like your bank account, charge card, or social security number, and you prefer not to transmit it electronically, please contact us by postal mail or telephone rather than email. We do not send emails asking for a user’s username and password or its Windows® username and password or any other username or password.

11. CHOICE AND CORRECTING / UPDATING / DELETING / DEACTIVATING PERSONAL INFORMATION

We understand and respect that people have different privacy concerns. Our goal is to be clear about what information we collect and how it may be used so that you can make meaningful choices. For example, you can:

  • Cancel your account at any time;
  • You can decline to submit requested information, however, it’s important to understand that the Services may not function properly or we may not be able to provide the requested service to you;
  • You can uninstall any associated software at any time and discontinue use of our Services;
  • Control what information you post in public profiles and who you share information with;
  • Set your browser to block all cookies, including cookies associated with our services, or to indicate when a cookie is being set by us. However, it’s important to remember that many of our services may not function properly if your cookies are disabled. For example, we may not remember your language preferences.

If we propose to use personal information for any purposes other than those described in this Privacy Policy, we will offer you an effective way to opt out of the use of personal information for those other purposes. If your personally identifiable information changes (such as ZIP code, phone, email, or postal address), or if you no longer desire the Services, we provide a way to correct, update or delete/deactivate users’ personally identifiable information. This can usually be done by emailing or calling Customer Support through our website.

12. CONTACTING US

If you have questions about this Privacy Policy, you may contact us at legal@artworksale.co.

We will do our best to respond to you in a timely and professional manner to answer your questions and resolve your concerns.

13. CHANGES TO THIS PRIVACY POLICY

This Privacy Policy may change from time to time. You are responsible for periodically reviewing this Privacy Policy for any applicable changes.

Last Updated: May 1, 2022

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