Privacy Policy

Effective date: September 17th, 2024.

Read the previous Privacy Policy effective prior to September 17th, 2024, here.

 

This Privacy Policy (“Privacy Policy”) describes how ArtPlacer NA INC. and its affiliates and subsidiaries (collectively, “ArtPlacer,” “us,” “we,” or “our”) collect, use, and share your personal information in connection with our products and services, mobile applications (collectively, the “Mobile App”), our website located at https://www.artplacer.com and any other websites we operate that link to this Privacy Policy (collectively, the “Website”), our social media pages, and our email and other electronic communications (collectively, and together with the Website and the Mobile App, the “Service”), and the choices you have with respect to your personal information. 

 

Please note, ArtPlacer provides various products to and on behalf of artists, gallery owners, and other organizations that are our customers. In some cases, our customers may collect personal information in connection with their use of our products and services on their own websites and online services. This Privacy Policy does not address or apply to our customers’  privacy practices. For more information about the privacy practices of an ArtPlacer customer, please review their privacy policy or contact them directly for more information.

 

We may update this Privacy Policy from time to time. We will notify you of changes by posting the new Privacy Policy on this page and changing the “Last Updated” date at the bottom of this text. In some cases, such as where required by law, we may notify about any updates by sending you an email, posting a notice on the Service about the update, or using other reasonable means. In all cases, your continued use of the Service following posting of changes constitutes your acceptance of such changes. We encourage you to review this Privacy Policy periodically for any updates.

 

COLLECTION OF PERSONAL INFORMATION

 

Personal Information You Provide: we may collect the following personal information when you provide it to us or in connection with the Service:

  • -Contact information, such as first and last name, email address, postal address, phone number, title, company name, and location.
  • -Professional information, such as your organization, job role, area of expertise, or business interests.
  • -Account information, such as your account name and information about your use of the Services.
  • -Posts and other content, such as any information that you share when you post or leave feedback in our user community.
  • -Preferences, such as your marketing or communication preferences.
  • -Communications, such as the information associated with your requests or inquiries, including for support, assistance, and/or order information, and any feedback you provide when you communicate with us.
  • Survey responses and feedback, such as the information you provide when you participate in one of our surveys or use a feedback button on the Mobile App.
  • -Subscription and transactional information, such as transaction details, subscription history, and information about your orders and the products you have purchased from us. 
  • -Financial account details, such as any bank account or payment card information that you provide when submitting payment to us for our products and/or services. We work with a third party payment processor who receives and processes credit and debit card payments on our behalf.
  • -Other information that you choose to provide but is not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection.

 

Personal Information Collected Automatically: we, our service providers, and our advertising partners may automatically log information about you, your computer, or mobile device, and your activity over time on our Service and on other sites and online services, such as:

  • -Online activity information, such as the website you visited before browsing to the Service, pages or screens you viewed, how long you spent on a page or screen, clicks, navigation paths between pages or screens, information about your activity on a page or screen, access times, and duration of access.
  • -Device information, such as your computer or mobile device operating system type and version number, wireless carrier, manufacturer and model, browser type, screen resolution, IP address, unique identifiers, and general location information such as city, state, country, or geographic area.

 

Like many online services, we use cookies and similar technologies to facilitate some of the automatic data collection described above, such as:

  • -Cookies, which are text files that websites store on a visitor‘s device to uniquely identify the visitor’s browser or to store information or settings in the browser for the purpose of helping you navigate between pages efficiently, remembering your preferences, enabling functionality, helping us understand user activity and patterns, and facilitating online advertising. For more information, please visit our Cookie Policy.
  • -Web beacons, also known as pixel tags or clear GIFs, which are typically used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked, typically to compile statistics about usage of websites and the success of marketing campaigns.
  • -Software development kits, or SDKs, which are software components we may use in the Mobile App to collect information directly from users and implement third-party services in our Mobile App. 

 

Personal Information Received from Third Parties: we may receive or collect personal information about you from third parties, such as:

  • -Your Organization: we may receive personal information about you from your organization, such as when we collect contact information to issue user accounts.
  • -Public Sources, Data Providers, and Social Media Platforms: we may also collect personal information about you from public sources (such as your organization’s website), data providers, social media platforms, and other business partners. 

 

We may combine the personal information that we receive about you from third parties with other information we have already collected about you. 

 

Referrals: you may have the opportunity to invite colleagues or other contacts to the Service and share their contact information with us. Please do not provide us with someone’s contact information unless you have their permission to do so.

 

Sensitive Personal Information: unless we specifically request it, we ask that you not provide us with any sensitive personal information (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Service, or otherwise to us.

 

USE OF PERSONAL INFORMATION

 

ArtPlacer may use personal information for the purposes set forth below and as otherwise described in this Privacy Policy or at the time of collection.

 

To Provide the Service: we may use your personal information to provide the Service, such as to:

  • -Provide and operate the Service and our business;
  • -Create, manage, monitor, and maintain your account on the Service;
  • -Provide you with the products and services you request;
  • -Monitor and improve your experience on the Service;
  • -Review and respond to your inquiries and requests;
  • -Send you updates about your account, subscription, or other purchases;
  • -Contact you by phone, email, SMS, or other form of communication; and
  • -Process your transactions, send you confirmations, and monitor your subscriptions.

 

Research and Development: we may use your personal information for research and development purposes, including to study and improve the Service and our business, understand and analyze the usage trends and preferences of our users, and develop new features, functionality, products, and services. As part of these activities, we may create aggregated, de-identified, or other anonymous data from personal information we collect. We make personal information into anonymous data by removing information that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties for our lawful business purposes.

 

Direct Marketing: we may send you ArtPlacer-related or other direct marketing or promotional communications as permitted by law, including to provide updates from our social media and blog posts. You may opt-out of our marketing communications as described in the “Your Choices” section below. 

 

Interest-Based Advertising: we work with third-party advertising companies and social media companies to help us advertise our business and to display ads for our products and services. These companies may use cookies and similar technologies to collect information about you (including the online activity information and device information described above in the section called “Personal Information Collected Automatically”) over time across our Service and other sites and services or your interaction with our emails, and use that information to serve ads that they think will interest you. In addition, some of these companies may use hashed customer lists that we share with them to deliver ads to you and to similar users on their platforms. You can learn more about your choices for limiting interest-based advertising in the “Your Choices” section below. 

 

To Comply with Laws and Regulations: we will use your personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.

 

For Compliance, Fraud Prevention, and Safety: we may use your personal information and disclose it to law enforcement, government authorities, and private parties as we believe necessary or appropriate to: (a) maintain the safety, security, and integrity of our Service, products and services, business, databases and other technology assets; (b) protect our, your or other’s rights, privacy, safety or property (including by making and defending legal claims); (c) audit our internal processes for compliance with legal and contractual requirements and internal policies; (d) enforce the terms and conditions that govern the Service; and (e) prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.

 

With Your Consent: in some cases we may specifically ask you for your consent to collect, use, or share your personal information, such as when required by law (see below).

 

CONSENT TO SHARE PERSONAL INFORMATION

 

By submitting messages, inquiries, or personal information (such as name, email address, or other contact details) on artplacer.com AND/OR app.artplacer.com AND/OR discover.artplacer.com or through any portfolio profiles hosted on our platform, you are expressly consenting to the sharing of such information with us and with paid subscription users of our platform. This sharing of information is an integral part of the services we provide to our clients, allowing them to directly engage with visitors who express interest in their work or services.

 

The information you provide may be accessed and used by these paid subscribers to respond to your inquiries or communications. If you do not wish for your information to be shared in this manner, we advise that you refrain from submitting personal information through these channels.

 

SHARING OF PERSONAL INFORMATION

 

We may share your personal information with the entities and individuals listed below or as otherwise described in this Privacy Policy or at the point of collection.

 

-Related Companies: we may share personal information with our affiliates, subsidiaries, and other related companies. For example, we may share your personal information with related companies who help us to provide our products and services to our customers.

-Service Providers: we share personal information with third parties and individuals who perform functions on our behalf and help us run our business. For example, we work with service providers that help us perform website hosting, maintenance, database management, cloud storage, web analytics, billing, email/SMS services, payment processing, marketing, advertising, and other services. 

-Business Partners: we may share your personal information with our business partners, such as when we offer a co-sponsored event or participate in any joint marketing efforts.

-Advertising Partners: we may also share personal information collected about you with third parties who we partner with for advertising campaigns or that collect information about your activity on the Service for the purposes described in the “Interest-Based Advertising” section above.

-Law Enforcement, Authorities, and Others: under certain circumstances, ArtPlacer may be required to disclose your personal information to law enforcement, government authorities, and other parties if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency). ArtPlacer may also disclose your personal information in the good faith belief that such action is necessary to comply with a legal obligation or for the purposes described above in the section titled “Compliance, Fraud Prevention, and Safety.”

-Professional Advisors: we may share your personal information with persons, companies, or professional firms providing ArtPlacer with advice and consulting in accounting, administrative, legal, tax, financial, debt collection, and other matters. 

-Business Transaction Participants: ArtPlacer may disclose your personal information to third parties in connection with any business transaction (or potential transaction) involving a merger, acquisition, sale of shares or assets, financing, acquisition, consolidation, reorganization, divestiture, or dissolution of all or a portion of our business (including in connection with a bankruptcy or similar proceedings).

 

TRANSFER OF PERSONAL INFORMATION

 

ArtPlacer is headquartered in the United States, and we may work with service providers in the United States and other countries. Your personal information may be collected, used, and stored in these countries or other locations outside of your home country. Privacy laws in the locations where we or our service providers handle your personal information may not be as protective as the privacy laws in your home country. By providing your personal information, where applicable law permits, you hereby specifically and expressly consent to such transfer and processing and the collection, use, and disclosure set forth herein or in any applicable terms of service.

 

European users may view the section below titled “Notice to European Users” for additional information regarding any transfers of your personal information.

 

SECURITY

 

The security of your personal information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your information, we cannot guarantee its absolute security.

 

YOUR CHOICES

 

In this section, we describe the rights and choices available to all users. 

-Access or Correct Your Account Information: you may access or modify certain information saved in your account by logging into your account and updating or correcting your profile information. You may also submit a request by emailing us at privacy@artplacer.com.

-Disable Account: if you would like to disable your ArtPlacer account, please contact us at info@artplacer.com.

-Opt-Out of Promotional Email Communications: you may opt out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us as described below. You may continue to receive service-related and other non-marketing emails. 

-Third Party Platforms: if you choose to create an account with or otherwise connect the Service with a third party platform, you may have the ability to limit the information that we obtain from the third party at the time you create your account. You may also be able to control our access to your personal information through your account settings with the third party platform. Please note, if you withdraw our ability to access certain information from a third party platform, that choice will not apply to information that we have already received from that third party.

-Cookies: most browsers let you remove and/or stop accepting cookies from the websites you visit. To do this, follow the instructions in your browser’s settings. Many browsers accept cookies by default until you change your settings. If you do not accept cookies, however, you may not be able to use all functionality of the Service and our Website may not work properly. For more information about cookies, including how to see what cookies have been set on your browser and how to manage and delete them, visit www.allaboutcookies.org. 

-Advertising Choices: you can limit the use of your information for interest-based advertising by blocking third-party cookies in your browser settings, using browser plug-ins/extensions, and/or using your mobile device settings to limit the use of the advertising ID associated with your mobile device. You can also opt out of interest-based ads from companies participating in the following industry opt-out programs by visiting the linked websites: the Network Advertising Initiative (http://www.networkadvertising.org/managing/opt_out.asp), the Digital Advertising Alliance (optout.aboutads.info), and the European Interactive Digital Advertising Alliance (http://www.youronlinechoices.eu/). Users of our Mobile App may opt-out of receiving targeted advertising in mobile apps through participating members of the Digital Advertising Alliance by installing the AppChoices mobile app, available at https://youradchoices.com/appchoices, and selecting the user’s choices.   Some of the companies we work with may offer their own opt-out mechanisms, such as Facebook and Google. You can learn more about how Google uses cookies for advertising purposes by clicking here and opt-out of ad personalization by Google by clicking here. You can learn more about Facebook’s privacy practices and manage your Facebook ad preferences by clicking here.

 

Many of the opt-out preferences described in this section must be set on each device and/or browser for which you want them to apply. Please note that some of the advertising companies we work with may not participate in the opt-out mechanisms described above, so even after opting-out, you may still receive interest-based ads from other companies. If you opt-out of interest-based advertisements, you will still see advertisements online but they may be less relevant to you.

 

-Do Not Track: some browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

-Declining to Provide Information: we need to collect personal information to provide certain services. If you do not provide the information requested, we may not be able to provide those services.

 

CHILDREN

 

The Service is not intended for use by anyone under the age of 13, and we do not knowingly collect personal information from children. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us. If we become aware that we have collected personal information from children without verification of parental consent as required by law, we take steps to remove that information from our servers.

 

LINKS TO OTHER WEBSITES AND SERVICES

 

The Service may contain links to other websites and online services that are not operated by us. These links are not an endorsement of, or representation that we are affiliated with, any third party. If you click on a third party link, you will be directed to that third party’s site or service. In addition, our content may be included on web pages or online services that are not associated with us. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services. Other websites and services follow different rules regarding the collection, use and sharing of your personal information. We encourage you to review the privacy policies of other websites and other online services that you visit or use.

 

YOUR CALIFORNIA PRIVACY RIGHTS

 

Under California Civil Code Section 1798 (California’s “Shine the Light” law), California residents with an established business relationship with us can request information once a year about sharing their personal information with third parties for the third parties’ direct marketing purposes. If you are a California resident and would like to request more information under the California Shine the Light law, please submit your request in writing to the email or mailing address listed in the section titled “Contact Us” below with “Shine the Light” in the subject line. The request must include your name, street address, city, state, and ZIP code and an attestation that you are a California resident. We are not responsible for requests that are not labeled or sent properly, or that do not have complete information.

 

NOTICE TO EUROPEAN USERS

 

The information provided in this section applies only to individuals in the European Union, the European Economic Area, and the United Kingdom (collectively, “Europe”).

 

Except as otherwise specified, references to “personal information” in this Privacy Policy are equivalent to “personal data” governed by European data protection legislation. 

 

-Controller: the controller of your personal information covered by this Privacy Policy for purposes of European data protection legislation is ArtPlacer NA INC., 181 Hudson Street, New York, NY 10013, USA.

 

-Legal Bases for Processing: the legal bases of our processing of your personal information as described in this Privacy Policy will depend on the type of personal information and the specific context in which we process it. However, the legal bases we typically rely on are set out in the table below. We rely on our legitimate interests as our legal basis only where those interests are not overridden by the impact on you (unless we have your consent or our processing is otherwise required or permitted by law). If you have questions about the legal basis of how we process your personal information, contact us at privacy@artplacer.com.

 

PROCESSING PURPOSE AND LEGAL BASIS
(as described above in the “Use of Personal Information” section)

 

-To Provide the Service: processing is necessary to perform the contract governing our operation of the Services, or to take steps that you request prior to engaging our services. Where we cannot process your personal data as required to operate the Services on the grounds of contractual necessity, we process your personal information for this purpose based on our legitimate interest in providing you with the products or services you access and request. 

-Research and Development: processing is based on our legitimate interests in performing research and development as described in this Privacy Policy.

-Direct Marketing and Interest-Based Advertising: processing is based on your consent where that consent is required by applicable law. Where we rely on your consent you have the right to withdraw it any time in the manner indicated when you consented or in the Services. 

 

Where such consent is not required by applicable law, we process your personal information for this purpose based on our legitimate interests in promoting our business and providing you with tailored, relevant content.

 

-To Comply with Laws and Regulations: processing is necessary to comply with our legal obligations.

-For Compliance, Fraud Prevention, and Safety: processing is necessary to comply with our legal obligations or based on our legitimate interests in protecting our or others’ rights, privacy, safety, or property.

-With Your Consent: processing is based on your consent. Where we rely on your consent you have the right to withdraw it any time in the manner indicated when you consent or in the Services. 

-Use for New Purposes: we may use your personal information for reasons not described in this Privacy Policy where permitted by law and the reason is compatible with the purpose for which we collected it. If we need to use your personal information for an unrelated purpose, we will notify you and explain the applicable legal basis. 

-Your Rights: European data protection laws give you certain rights regarding your personal information. You may ask us to take the following actions in relation to your personal information that we hold:

  • -Access: provide you with information about our processing of your personal information and give you access to your personal information.
  • -Correct: update or correct inaccuracies in your personal information.
  • -Delete: delete your personal information.
  • -Port: transfer a machine-readable copy of your personal information to you or a third party of your choice.
  • -Restrict: restrict the processing of your personal information.
  • -Object: object to our reliance on our legitimate interests as the basis of our processing of your personal information that impacts your rights. 

 

You may submit these requests by contacting us at privacy@artplacer.com or at the mailing address listed below. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions. If you would like to submit a complaint about our use of your personal information or our response to your requests regarding your personal information, you may contact us or submit a complaint to the data protection regulator in your jurisdiction. You can find your data protection regulator here. 

 

Retention: we will retain your personal information for as long as necessary to fulfill the purpose of collection, including for the purposes of satisfying any legal, accounting, or reporting requirements, to establish and defend legal claims, for fraud prevention purposes, or as long as required to meet our legal obligations. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

 

-Cross-Border Data Transfer: if we transfer your personal information to a country outside of Europe such that we are required to apply additional safeguards to your personal information under European data protection laws, we will do so. Please contact us using the information below for further information about any such transfers or the specific safeguards applied.

 

CONTACT US

 

If you have any questions, comments, or concerns about this Privacy Policy or our privacy practices, please contact us at privacy@artplacer.com

 

 

Last Updated: September 17th, 2024.