Artory Privacy Policy

Artory Inc. and Artory GmbH (collectively, “Artory,” “we,” “our,” or “us”) are committed to protecting your privacy. This Privacy Policy explains how your personal information is collected, used, and disclosed by Artory. This Privacy Policy applies to our website, Artory.com (the “Site”). By accessing or using our Site, you signify that you have read, understood, and agree to our collection, storage, use, and disclosure of your personal information as described in this Privacy Policy and our Terms of Service.

For the purposes of EU data protection laws (“Data Protection Law”), Artory is a data controller (i.e., the Artory who is responsible for, and controls the processing of, your personal data). Our data protection officer can be contacted at legal@artory.com.

1. What information do we collect and for what purpose?

The categories of information we collect can include:

  • Information you provide to us directly. We may collect personal and business information, such as your name, employer, and email address when you register for our Site, sign up for our mailing list, or otherwise communicate with us. We may also collect any communications between you and Artory and any other information you provide to Artory.
  • Data collected through the use of the Site. We collect information about how you use the Site, your actions on the Site, and content you post to the Site, including but not limited to your interactions with others on the Site, and images and information you post to the Site (“User Content”). Please remember that Artory may, but has no obligation to, monitor, record, and store User Content in order to protect your safety or the safety of other users, to assist with regulatory or law enforcement efforts, or to protect and defend our rights and property. By using the Site, you consent to the recording, storage, and disclosure of such communications you send or receive for these purposes.
  • Information we receive from third parties. From time to time, we may receive information about you from third parties and other users, including but not limited to your employer and artists, estates, businesses and other third parties from whom you have purchased artwork or collectibles. We may also collect information about you that is publicly available.

We use this information to operate, maintain, and provide to you the features and functionality of the Site, as well as to communicate directly with you, such as to send you email messages and permit you to communicate with others on the Site. We may also send you Site-related emails or messages (e.g., account verification, updates to features of the Site, technical and security notices). For more information about your communication preferences, see “Control Over Your Information” below.

2. How we use cookies and other tracking technology to collect information

We, and our third-party partners, automatically collect certain types of usage information when you visit our Site, read our emails or newsletter, or otherwise engage with us. We typically collect this information through a variety of tracking technologies, including cookies, web beacons, embedded scripts, location-identifying technologies, file information, and similar technology (collectively, “tracking technologies”). For example, we collect information about your device and its software, such as your IP address, browser type, Internet service provider, platform type, device type, operating system, date and time stamp (a unique ID that allows us to uniquely identify your browser, mobile device, or your account), and other such information. We also collect information about the way you use our Site, for example, the site from which you came and the site to which you are going when you leave our Site, the pages you visit, the links you click, how frequently you access the Site, whether you open emails or click the links contained in emails, whether you access the Site from multiple devices, and other actions you take on the Site. We may collect analytics data or use third-party analytics tools such as Google Analytics to help us measure traffic and usage trends for the Site and to understand more about the demographics of our users. You can learn more about Google’s practices at http://www.google.com/policies/privacy/partners and view its currently available opt-out options at https://tools.google.com/dlpage/gaoptout. We may also work with third-party partners to employ technologies, including the application of statistical modeling tools, which permit us to recognize and contact you across multiple devices. Although we do our best to honor the privacy preferences of our users, we are unable to respond to Do Not Track signals set by your browser at this time.

We use or may use the data collected through tracking technologies to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) recognize and contact you across multiple devices; (c) provide and monitor the effectiveness of our Site; (d) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our Site; (e) diagnose or fix technology problems; and (f) otherwise to plan for and enhance our Site.

If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies. Please note that doing so may negatively impact your experience using the Site, as some features and services on our Site may not work properly. Depending on your mobile device and operating system, you may not be able to delete or block all cookies. You may also set your email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our email and performed certain functions with it.

3. Sharing of your information

We may share your personal information in the instances described below. For further information on your choices regarding your information, see the “Control Over Your Information” section below.

When your artwork or object is registered with the Site (for details, see Terms of Service), Artory does not receive, hold, or see any personal information about you as a card holder. The Site does not receive your email, your name, or any contact information. If you choose to create an account on our Site, remember, our Site allows you to connect and interact with others. Your profile information may be available publicly to other members of the Site by default if you choose to create a profile, interact with others on the Site in public groups, and post content to public spaces.

We may share your personal information with:

  • The public and other members of the Site. Your profile information and content you post to public areas of the Site will be viewable by others on the Site and the public. Please do not provide personal information you would not want to be public. You may be able to control the visibility of some of your information and actions in your Settings (see “Control Over Your Information” below);

  • Other users of the Site. We share your information with third parties with whom you communicate on the Site. You control who you want to communicate with and what information you share;

  • Third-party business partners who offer products and services to users through our Site;

  • Other companies and brands owned or controlled by Artory and other companies owned by or under common ownership as Artory, which also includes our subsidiaries (i.e., any organization we own or control), including Artory GmbH and Auction Club Sarl, or our ultimate holding Artory (i.e., any organization that owns or controls us), and any subsidiaries it owns. These companies will use your personal information in the same way as we can under this Privacy Policy;

  • Third-party vendors and other service providers that perform services on our behalf, as needed to carry out their work for us, providing mailing services, providing tax and accounting services, web hosting, or providing analytic services;

  • Other parties in connection with a Artory transaction, such as a merger, sale of Artory assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another Artory or third party, or in the event of a bankruptcy or related or similar proceedings; and

  • Third parties as required by law or subpoena or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our Terms of Service or to protect the security or integrity of our Site; and/or (c) to exercise or protect the rights, property, or personal safety of Artory, our visitors, or others.

We may also share information with others in an aggregated or otherwise anonymized form that does not reasonably identify you directly as an individual.

In the EU, the purposes for which we process your personal data are:

  1. the provision of personal data by you may be necessary for the performance of any contractual relationship we have with you;

  2. where it is necessary for compliance with our legal obligations laid down by EU law;

  3. where in our legitimate interests (provided these are not overridden by your interests and fundamental rights and freedoms—this includes our own legitimate interests and those of other entities and branches in our group of companies) such as:

    a. to contact you and respond to your requests and enquiries;

    b. for business administration, including statistical analysis;

    c. to provide the Site to you; and

    d. for fraud prevention and detection; and

    e. to comply with applicable laws, regulations or codes of practices.

We may also process your personal data on the basis of your freely given, specific, informed, and unambiguous consent. You should be aware that you are entitled under Data Protection Law to withdraw your consent where that has been given, at any time. If you do this and we have no alternative lawful reason to process your personal data, this may affect our ability to provide you with rights to use the Services.

5. Control over your information

Profile, Data Sharing, and Communications Settings. You may update your profile information, such as your user name and profile photo, and may change some of your data sharing and communication preferences on your Settings page. You may not opt out of Site-related communications (e.g., account verification, transactional communications, changes/updates to features of the Site, technical and security notices).

Promotional Communications. You can stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications or by changing your communication preferences on your Settings page. We make every effort to promptly process all unsubscribe requests.

Modifying or deleting your information. If you have any questions about reviewing, modifying, or deleting your information, or if you want to remove your information from our Site, you can contact us directly at legal@artory.com. We may not be able to modify or delete your information in all circumstances.

6. How we store and protect your information

Data storage and transfer: Your information collected through our Site may be stored and processed in the United States or any other country in which Artory or its affiliates or service providers maintain facilities. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and we will take all steps reasonably necessary to ensure that any personal data are treated securely and in accordance with this Privacy Policy. Such transfers are made pursuant to appropriate safeguards. If you wish to enquire further about these transfers, please contact us using the details set out at the end of this Privacy Policy.

Data retention: We will retain your personal information only for as long as reasonably necessary to maintain the Site, to meet legal and accounting obligations, and for the purposes described in this Privacy Policy. We may anonymize and/or aggregate personal information and store it in order to analyze aggregate metrics and trends.

Keeping your information safe: We care about the security of your information and employ physical, administrative, and technological safeguards designed to preserve the integrity and security of all information collected through our Site. However, no security system is impenetrable, and we cannot guarantee the security of our systems 100%. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and, where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

For individuals based in the EU or Switzerland, we store personal data for as long as necessary to fulfill the purposes for which we collect the data, except if required otherwise by law.

7. Children’s privacy

Artory does not knowingly collect or solicit any information from anyone under the age of 13 on this Site. In the event that we learn that we have inadvertently collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under 13, please contact us at legal@artory.com.

The Site may contain links to and from third-party web services of our business partners and our users may post links to third-party webservices. If you follow a link to any of these web services, please note that these web services have their own privacy policies and that we do not accept any responsibility or liability for their policies. We strongly recommend that you read their privacy policies and terms and conditions of use to understand how they collect, use, and share information. We are not responsible for the privacy practices or the content on the webservices of third-party services.

9. For residents in the EU and Switzerland

If you are located in the EU or Switzerland, you have the following rights in respect of your personal data that we hold:

a. Right to object. You have a right to object to any processing based on our legitimate interests where there are grounds relating to your particular situation. You can object to marketing activities for any reason whatsoever.

b. Right of access. The right to obtain access to your personal data.

c. Right to rectification. The right to obtain rectification of your personal data without undue delay where that personal data is inaccurate or incomplete.

d. Right to erasure. The right to obtain the erasure of your personal data without undue delay in certain circumstances, such as where the personal data is no longer necessary in relation to the purposes for which it was collected or processed.

e. Right to restriction. The right to obtain the restriction of the processing undertaken by us on your personal data in certain circumstances, such as where the accuracy of the personal data is contested by you, for a period enabling us to verify the accuracy of that personal data.

f. Right to portability. The right to portability allows you to move, copy or transfer personal data easily from one organization to another.

If you wish to exercise one of these rights, please contact us using the contact details at the end of this Privacy Policy.

You also have the right to lodge a complaint to your local data protection authority. Further information about how to contact your local data protection authority is available at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

10. How to contact us

If you have any questions about this Privacy Policy or the Site, please contact us at legal@artory.com

11. Changes to our privacy policy

We may modify or update this Privacy Policy from time to time to reflect the changes in our business and practices, so you should review this page periodically. When we change the policy in a material manner, we will let you know and update the ‘last modified’ date at the bottom of this page. If you object to any changes, you may close your account. Continuing to use our Site after we publish changes to this Privacy Policy means that you are consenting to the changes.

This Privacy Policy was last modified on November 14, 2018