Terms and Privacy

Artwork Archive Privacy Policy

Last Updated: April 1, 2023

Your privacy is very important to us. Accordingly, we have developed this Privacy Policy in order for you to understand how Artwork Archive, LLC, and our affiliates and subsidiaries (“Artwork Archive,” “we,” “us,” or “our”), may collect, use, and disclose your personal information, and the choices you have with respect to your personal information, in connection with the Artwork Archive website located at https://www.artworkarchive.com/, and any other websites and platforms we own and operate that link to this Privacy Policy (collectively, the “Site”), and our related online and offline services, events, social media pages, and email and other electronic communications (collectively, and together with the Site, the “Platform”).

This Privacy Policy covers the following topics:

  • Artwork Archive Privacy Policy
  • What personal information do we collect?
  • What do we use your personal information for?
  • Do we use cookies and other tracking technologies?
  • Do we disclose any information to outside parties?
  • Your Choices
  • How do we protect your information?
  • Third party links
  • Your California Privacy Rights (Shine the Light Law)
  • Notice to Nevada Residents
  • Notice to European Residents
  • Children
  • Terms of Service
  • Changes to our Privacy Policy
  • Contacting Us

What personal information do we collect?

We collect personal information that you voluntarily provide to us, such as when you order or register on our Site or fill out a form, which may include the following categories of personal information. We may also collect other personal information that is not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection.

  • Contact information, such as your and your organization’s (as applicable) name, e-mail address, mailing address and phone number.
  • Account information, including the contact information listed above, your username, information that you store in your account, and other details about your use of the Platform. Artwork Archive does not have access to your password.
  • Your collections and other content, such as information about your pieces, locations where your work is showing, documents that you upload to the Platform, or other data, content, or information that you upload to or store in your account.
  • Payment information, such as payment amount and payment method used to complete transactions. All payment processing services connected with your use of the Platform are provided to you by our third-party payment processor. Artwork Archive does not access or keep information related to credit cards, banking information, or other sensitive financial information.
  • Marketing information, such as any preferences you set in your account, any marketing or communications preferences, and details about how you engage with our communications.
  • Survey responses, such as the information you provide in response to our surveys, questionnaires, or contests.
  • Communications, such as the information associated with your requests or inquiries, including for support or assistance, and any feedback you provide when you communicate with us. We and our service provider may also record or monitor any online chat you have with us for quality control or training purposes, or to enforce our rights.

Technical data is also automatically collected by us, our service providers, and our marketing partners about you, your computer, or mobile device, and your activity over time on our Platform and other sites and online services, including the following information:

  • Analytics information, such as the website you visited before browsing to the Platform, pages or screens you viewed, how long you spent on a page or screen, 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, or geographic area.

Some of our automatic data collection is facilitated by cookies and similar technologies. For more information, please see the “Do we use cookies and tracking technologies?” section below.

We receive personal information from third parties, such as our service providers, marketing partners, data analytics partners, webinar platforms, operating systems and platforms, social media platforms, event sponsors, and publicly available sources. We may merge or combine such personal information with the personal information we collect from you directly or automatically.

Users of the Platform may have the opportunity to refer colleagues or other contacts to us and share their contact information. Please do not provide us with someone’s contact information unless you have their permission to do so.

What do we use your personal information for?

Artwork Archive’s primary purpose in collecting personal information is to provide the services that you request. Any of the personal information we collect may also be used for the following purposes or as otherwise described in this Privacy Policy or at the time of collection:

To provide our Platform, products, and services. We use personal information to provide the Platform and our products and services, including to:

  • Deliver the services and products that you purchase from us.
  • Process your transactions and manage your subscriptions and other orders.
  • Personalize your experience, respond to your individual needs, verify your identity, or determine your eligibility for offers and promotions.
  • Establish, manage, monitor, and maintain your account.
  • Communicate with you about order updates, changes to our Platform, and other service-related communications and alerts.
  • Provide customer support and troubleshooting.
  • Fulfill any purpose for which you provide the personal information.

For research and development. We use personal information for research and development purposes, including to understand and analyze the usage trends and preferences of our customers, to make our Platform and other offerings better, to improve our customer service and more effectively respond to customer service requests and support needs, and to improve and develop new features, services, products, and functionality. We also continually strive to improve our website offerings based on the information and feedback we receive from you.

As part of these activities, we may create aggregated, de-identified, or other anonymous data from personal information we collect. We may use this anonymous or de-identified data and share it with third parties for our lawful business purposes.

To send our newsletter. We may send you direct marketing communications related to our business or other products and services you may be interested in as permitted by law. You may opt-out of our marketing communications as described in the “Your Choices” section below.

For 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 analytics and device information described above) over time across our Platform and other websites 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 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 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 the products and Platform, business, databases, and other technology assets; (b) protect our, your, or others’ 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 Platform; and (e) prevent, identify, investigate, and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.

With your consent. We will disclose your personal information in accordance with your prior direction or, 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.

Do we use cookies and other tracking technologies?

Yes. Cookies are small text files that a site or its service provider transfers to your device’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information, such as the analytics and device information described above, for the purposes of helping you navigate between pages efficiently, remembering your preferences, enabling functionality, helping us understand user activity and patterns, and facilitating online advertising.

To learn more about how we use cookies view our Cookie Policy.

We may also use the following technologies:

  • Flash cookies, or locally-stored objects, which are used on websites for purposes similar to cookies but allow storage of a larger amount of data.
  • 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, for purposes such as compiling statistics about usage of websites and the success of marketing campaigns.
  • Local storage, which is used to save data on a visitor’s device. We may use data from local storage to turn on web navigation, store multimedia preferences, customize what we show you based on your past interactions with our Platform, and remember your preferences.

Do we disclose any information to outside parties?

We may share your personal information with the following entities or persons:

Service providers. We may share your personal information with third parties who perform services on our behalf or assist us with the orderly operation of our business. They are the platforms we use for customer service (Intercom), our newsletter and email (Mailchimp, MailGun), and our payment processor (Stripe) where we control the information and use their services for those specific tasks. We also work with service providers that help us perform website hosting, maintenance services, database management, analytics, fraud protection, marketing, customer relationship management, finances, and other purposes.

Marketing partners. We may share personal information with third parties who we partner with for advertising campaigns or that collect information about your activity on the Platform for the purposes described in the “For interest-based advertising” section above.

Other users and the public. We provide functionality that enables you to disclose personal information to the public. For instance, you may choose to make your user profile (with information about yourself) available to the public, or you may choose to engage with another user’s public profile page. You may also be able to submit content to the Platform (such as reviews, photos, and videos), and we will identify you by displaying information such as your name or a link to your user profile along with the content you submit. We do not control how other users or third parties use any personal information that you make available to other users or the public.

Law enforcement. Under certain circumstances, we may be required to disclose 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).

Compliance. We may disclose 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 “For Compliance, Fraud Prevention, and Safety.”

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

Your Choices

Access and deletion. You can request access to or deletion of all personal information we have on you at any time. To do so contact our Privacy Officer as provided at the end of this Privacy Policy.

Newsletter. You may opt-out of marketing-related emails by clicking the “unsubscribe” link at the bottom of the email or by contacting us as described below. You may still receive service-related communications, such as those about your account, or we may deliver notifications directly to you through the Platform.

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 Platform and our Site 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.

Analytics. The Site uses Google Analytics to help us analyze how the Website is being accessed and used. You can learn more about Google Analytics cookies by clicking here and about how Google protects your data by clicking here. To opt-out of Google Analytics, you can download and install the Google Analytics Opt-out Browser Add-on, available here.

Advertising choices. You can limit the use of your information for targeted 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 (https://optout.aboutads.info), or the European Interactive Digital Advertising Alliance (http://www.youronlinechoices.eu/). Some of the companies we work with may offer their own opt-out mechanisms. For example, 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.

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 advertisements 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. The Site currently does not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

How do we protect your information?

We implement reasonable security measures designed to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.

For example, we offer the use of a secure server for payment transactions on the Platform. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database.

Despite reasonable efforts to protect your personal information, we cannot guarantee the security of your personal information. No method of transmission over the Internet, or method of electronic storage, is fully secure.

Third party links

Occasionally, at our discretion, we may include or offer third party products or services on our Platform or through our services (our Call for Entry Page is a good example of this). These third parties and these third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites, nor are these links an endorsement of, or representation that we are affiliated with, any third party. We encourage you to review the privacy policies and practices of any third party sites or services that you visit.

Your California Privacy Rights (Shine the Light Law)

Under California Civil Code sections 1798.83-1798.84, California residents who have an established business relationship with a company are entitled to ask the company for a notice describing what categories of personal information are shared with third parties for the third parties’ direct marketing purposes. We do not disclose personal information obtained through our Platform to third parties for their direct marketing purposes. Accordingly, we have no obligations under California Civil Code §1798.83.

Notice to Nevada Residents

Nevada Revised Statutes Chapter 603A allows Nevada residents to opt-out of the “sale” of certain types of personal information. Subject to several exceptions, Nevada law defines “sale” to mean the exchange of certain types of personal information for monetary consideration to another person. We do not currently sell personal information as defined in the Nevada law. However, if you are a Nevada resident, you still may submit a verified request to opt-out of sales using the contact information listed at the end of this Privacy Policy and we will record your instructions and incorporate them in the future if our policy changes.

Notice to European Residents

The information provided in this section applies only to individuals in 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 and Data Protection Representative. The controller of your personal information covered by this Privacy Policy for purposes of European data protection legislation is Artwork Archive, and Artwork Archive LLC takes the protection of personal data seriously, and has appointed DataRep as their Data Protection Representative in the European Union and Switzerland so that you can contact them directly in your home country. DataRep has locations in each of the 27 EU countries, the UK, and Norway, Switzerland & Iceland in the European Economic Area (EEA), so that Artwork Archive LLC's customers can always raise the questions they want with them.

DataRep Switzerland: DataRep, Leutschenbachstrasse 95, ZURICH, 8050, Switzerland

If you want to raise a question to Artwork Archive LLC, or otherwise exercise your rights in respect of your personal data, you may do so by sending an email to DataRep at [email protected] quoting in the subject line.

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 as provided at the end of this Privacy Policy.

Processing Purpose (as described above in the section titled, “What do we use your personal information for?”) Legal Basis
To provide our Platform, products, and services Processing is necessary to perform the contract governing our operation of the Platform, or to take steps that you request prior to engaging our services. Where we cannot process your personal information as required to operate the Platform on the grounds of contractual necessity, we process your personal information for this purpose based on our legitimate interests as further described in this Privacy Policy.
For research and development Processing is based on our legitimate interests in performing research and development as described in this Privacy Policy.
To send our newsletter

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 via the relevant 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.
For interest-based advertising
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 via the relevant 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.

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.

Your rights. European data protection laws may 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 the email provided at the end of this Privacy Policy. 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. In the European Economic Area, you can find your data protection regulator here. In the United Kingdom, you can find your data protection regulator here.

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 as provided at the end of this Privacy Policy for further information about any such transfers or the specific safeguards applied.

Children

We do not knowingly collect any information from anyone under 16 years of age. Our Platform, products and services are not directed to people who are under 16 years old.

Terms of Service

Please also visit our Terms of Service establishing the use, disclaimers, and limitations of liability governing the use of our Site and its related services, located at http://www.artworkarchive.com/tos.

Changes to our Privacy Policy

Artwork Archive reserves the right, at any time, to modify this Privacy Policy. If we decide to change how we collect, use, or disclose personal information, we will update the ”last updated” date above. In some cases, we may notify you about an update by sending you an email, posting a notice about the update on the Platform, or other means as may be required by applicable law. In all cases, your continued use of the Platform following posting or other notification of changes constitutes your acknowledgement of such changes. Please review this Privacy Policy periodically to keep up to date on our most current policies and practices.

Contacting Us

If there are any questions or complaints regarding this Privacy Policy or our privacy practices, please contact us at [email protected].