Last updated October 19, 2021.
Residents of the European Economic Area (“EEA”), which includes the member states of the European Union (“EU”), residents of the United Kingdom (“UK”) and residents of Switzerland, should consult the sections of this policy relating to the “Rights of EEA, UK and Swiss Residents” and “International Data Transfers” for provisions that may apply to them.
California residents should consult the section titled “Your California Privacy Rights” for rights that apply to them.
In general, we collect Personal Information from you when you view, access, use or register through the Site or the App or use or login to your account to use services offered by us (collectively, “Services”). These Services include making connections in the art world, learning about art through educational and interactive content, and participating in a community forum for all users. The Services also will assist you in making purchases of art either directly or indirectly, and will continuously expand to meet the evolving needs of the art industry and our user base. Your sharing of certain Personal Information about you, as described below, is required for you to use the Services.
1. INFORMATION COLLECTED
We collect Personal Information about you when you visit the Site or use the App for our Services or when you provide us directly with such information. “Personal Information” is information that may be used to directly or indirectly identify you, including your name, email address, physical address, profile photo, gender, web address, phone number, social media login or links, username, location or other information about you, including your preferences, price range and taste in artwork or artwork categories or styles. The majority of such Personal Information is collected by us to provide you with the Services and will be contained on your profile, along with information about the services that you preform. If you provide us with Personal Information, some of this Personal Information will be required if you wish to use the Services.
We may collect the following Personal Information from users in the following manner:
Information You Provide Voluntarily
We regularly receive and store any information you enter on the Site or the App, whether it be through filling out a form or signing up for the Services. This information may be displayed on your profile. You may elect to not provide certain information, but such an election may prevent you from taking advantage of and accessing many of the features of the Services. We use the information that you provide for purposes such as responding to your communications and/or requests, customizing your future experiences or the Services, improving our Services, providing the Services, including interacting with third parties needed to provide the Services, and communicating with you in other ways. We may also use the Personal Information and data gathered to create and use non-identifying intelligence and data trends, including but not limited to matching logic around art preferences to help improve our services and to provide insights to relevant partners. We may also provide the Personal Information in your profile directly or indirectly to other users to provide connections between users, such as matching an artist or gallerist with a buyer. We will not provide Personal Information not contained on your profile to another user.
Artmatcher may use your uploaded art and data for marketing purposes and may link to your website or social profile in the process. For example, we may feature uploaded art on social media or feature a particular artist.
The types of Personal Information which may be collected through your use of the Site or App are described above. You voluntarily provide the above Personal Information to us when you enter such information to obtain the Services.
If you upload art, we may also collect information about the works (such as title, size, date of creation, description, medium and style) that may be linked to you or your Personal Information.
Information Provided Automatically
Upon your use or interaction with the Site or the App, we automatically receive and store certain types of information.
Non-Identifiable Data and Aggregated Personal Information
We or our service providers, including Google Analytics, may also collect web surfing data related to your use of the Site. Such information may include: your Internet Protocol (IP) address, browser type, and internet service provider (ISP); your operating system; which of our web pages you access and how frequently you access them; referral or exit pages; click stream data; and the dates and times that you visit the Site. This data may be collected using cookies, web beacons, page tags or similar tools. As with cookies, the web surfing information is anonymous, “click stream” transactional data that is not associated with any users as individuals.
Web surfing data and similar information, including information obtained through your use of the App, may be aggregated for administrative purposes. We may, for example, use this aggregated information in the administration of the Site and the App to improve their usability and to evaluate the success of particular marketing and advertising campaigns, search engine optimization strategies, and other marketing activities. We also use it to help optimize the Site and the App based on the needs of our users.
2. SHARING AND USE OF PERSONAL INFORMATION
We do not sell, trade, or license Personal Information for marketing purposes. We do, however, work with a number of trusted partners who perform vital functions as part of our operations. We do not share your Personal Information unless it is necessary to fulfill our responsibilities, including providing the Services to you. Personal Information is shared with these third parties only to the extent necessary for us to process the transactions you initiate or perform other specific services. Our partners are legally required to keep your Personal Information private and secure.
We may share your Personal Information with law enforcement or other government agencies as required by law or for the purposes of limiting fraud. We reserve the right to disclose your Personal Information when we believe that disclosure is necessary to protect our rights or to comply with a judicial proceeding, court order or legal process. We further reserve the right to disclose any of your Personal Information that we believe, in good faith, appropriate or necessary to take precautions against liability, to investigate and defend against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Site or our services, or to protect the rights, property or personal safety of Artmatcher, its users, or others.
In some instances, we may use certain Personal Information which you input while registering or signing up to provide you with news, offers, updates, sweepstakes or contests. If you wish to opt out of receiving such offers and/or materials, please email your desired request to opt out to: firstname.lastname@example.org.
We may also share your Personal Information with our subsidiaries, joint ventures, or other companies or entities which fall under common control. In the event of a corporate transaction, such as divestiture, merger, consolidation, or asset share, your Personal Information may be included among the assets to be transferred in such a transaction.
If you use our Services, we may use your Personal Information to send you communications regarding our Services and the Platform. We may also send communications providing customer support, or responses to questions regarding the operation of the Services. Generally, you may not opt out of such emails but you may opt out of marketing communications.
3. THIRD PARTY LINKS
You may encounter links to third party websites, videos, pictures, and applications (“Third-Party Links”) when using the Services. We cannot control the content on these Third-Party Links and we can make no guarantees as to the protection and privacy of any information which you submit to these Third-Party Links. Please exercise caution when accessing Third Party Links. For further information regarding such links, including displays of art work, please see our Terms and Conditions of Use.
We do not knowingly collect Personal Information from any child under the age of 13. If you believe we have collected Personal Information from a child under the age of 13, please contact us immediately.
We use commercially reasonable methods of protecting your Personal Information. Nevertheless, we cannot guarantee the safety or security of any Personal Information. Further, transmission of Personal Information cannot be made completely secure. For that reason, you agree to transmit Personal Information to the Company solely at your own risk. If you believe your Personal Information is being improperly used by us or any third party, please immediately notify us via email at email@example.com.
6. RIGHTS OF EEA, UK AND SWISS RESIDENTS
All processing of Personal Information of EEA Residents is performed by Artmatcher in accordance with the General Data Protection Regulation (2016/679) of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons regarding the processing of Personal Information and on the free movement of such data (“GDPR”). We also process the Personal Information of residents UK and Switzerland in accordance with the privacy laws of those countries.
Under these privacy laws, Artmatcher is a controller or processor of the Personal Information of residents of the EEA, UK and Switzerland. Artmatcher’s purpose for processing Personal Information is to fulfill a contract for the Services that we offer, responding to inquiries or for providing the Services residents of the EEA, UK and Switzerland. The legal basis for collecting Personal Information is your consent and fulfilling a contractual obligation. You may withdraw consent by contacting us at firstname.lastname@example.org.
Please note that if you are a resident of the EEA, UK or Switzerland that you have certain rights under applicable privacy laws in regard to your Personal Information. These rights may include the Right of Access, Right to Rectification, Right to Erasure, Right to Restrict, Right to Object, Right to Data Portability, and Right to not be Subject to Automated Decision Making.
If you are a resident of the EEA, UK or Switzerland and believe that we have Personal Information about you, and you wish to access or correct the Personal Information that we have about you or exercise any other rights that you may have or have any questions relating to the processing of your Personal Information, please contact us at email@example.com.
7. INTERNATIONAL DATA TRANSFERS
For residents outside the United States, including in the EEA, UK and Switzerland, we will transfer Personal Information provided by you to us for processing in the United States. Please note that the United States does not have data protection laws equivalent to those in the EEA and other jurisdictions.
8. DELETING YOUR INFORMATION
If you have provided us directly with your Personal Information and want us to delete it, please contact us at firstname.lastname@example.org with your request. We will take steps to delete your information as soon as we can, but some information may remain in archived/backup copies for our records or as otherwise required by law.
9. PERSONAL INFORMATION RETENTION
10. YOUR CALIFORNIA PRIVACY RIGHTS
The following section pertains to the rights of individuals or households in California (“California consumers”).
Civil Code Section 1798.83
Under certain circumstances, California Civil Code Section 1798.83 states that, upon receipt of a request by a California consumer, a business may be required to provide detailed information regarding how that business has shared that customer’s Personal Information with third parties for direct marketing purposes. However, the foregoing does not apply to businesses like ours that do not disclose Personal Information to third parties for direct marketing purposes without prior approval or give customers a free mechanism to opt out of having their Personal Information disclosed to third parties for their direct marketing purposes.
Rights under the CCPA
The CCPA (California Civil Code Section 1798.100 et seq.) provides California consumers with additional rights regarding Personal Information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly with a particular consumer or household. The categories of Personal Information we collect are generally described above but differ for individual consumers depending on the Services used by such consumers.
Under the CCPA, qualifying California consumers may have the following rights:
Right to Know and Right to Delete
A California consumer has the right to request that we disclose what Personal Information we collect, use, disclose and sell. A California consumer also has the right to submit requests to delete Personal Information.
When we receive a request to know or delete from a California consumer, we will confirm receipt of the request within 10 business days and provide information about how we will process the request, including our verification process. We will respond to such requests within 45 days.
Right for Disclosure of Personal Information
A California consumer may also submit requests that we disclose specific types or categories of Personal Information that we collect.
Under certain circumstances, we will not provide such information, including where the disclosure creates a substantial, articulable and unreasonable risk to the security of that Personal Information, customers’ accounts with us, or the security of our systems or networks. We also will not disclose California consumers’ social security numbers, driver’s license numbers or other government-issued identification numbers, financial account numbers, any health insurance or medical identification numbers, or account passwords and security questions and answers.
If you are a California consumer and would like to make any requests under the CCPA, please direct them as follows:
330 Montage Mountain Road
Moosic, PA 18507
If we receive any request, we will use a two-step process for online requests where the California consumer must first, clearly submit the request and then second, separately confirm the request.
In submitting a request, a California consumer must provide sufficient information to identify the consumer, such as name, email address, home or work address, or other such information that is on record with us so that we can match such information to the Personal Information that we maintain. Do not provide social security numbers, driver’s license numbers, account numbers, credit or debit card numbers, medical information or health information with requests. If requests are unclear or submitted through means other than as outlined above, we will provide the California consumer with specific directions on how to submit the request or remedy any deficiencies. If we cannot verify the identity of the requestor, we may deny the request.
California Do Not Track Disclosures
Although some browsers currently offer a “do not track (‘DNT’) option,” no common industry standard for DNT exists. We therefore do not currently commit to responding to browsers’ DNT signals.
11. YOUR RIGHTS AND OBLIGATIONS
We ask that you keep the Personal Information that you directly provide to us current and that you correct any information you have provided to us by contacting us at email@example.com. You represent and warrant that all Personal Information you provide to us is true and correct and relates to you and not to any other person.