UPDATED NOVEMBER 2016
This Policy applies to all of our Services, regardless of how you use them, and whether or not you register for an elmgARTS account. This Policy only applies to how we collect, store, share, and use information. This Policy does not apply to any entity that we do not own or control, or to any person that we do not employ or manage.
WHAT KINDS OF INFORMATION DO WE COLLECT?
Information You Provide. We may collect the information that you provide or otherwise make available to us when you access or use our Services, including when you: fill in any forms on our Services, such as when you register for an elmgARTS account or update your account or User profile information; access or use our Services, such as when you search for or view artwork or galleries, perform transactions, and information about how you access or use our Services, such as which features you use and when you use them); link your elmgARTS account to your account on another social media service (including when you sign up for our Services or sign into our Services through another social media service), in which case we may obtain your username on that service and other information you make publicly available through that service, which may vary depending on your settings on that service; communicate with us.
Information Collected Automatically. We may automatically collect certain information about how you access or use our Services. Examples include but are not limited to Internet browser, operating system, device and application identifiers, IP address and geo-location information, access times and dates, referring and exit pages and URLs, clickstream data, search terms, pages viewed, time spent on pages, bounce rate and login frequency.
Information from Other Sources. We may obtain information about you from third-party partners (such as other companies with which we may jointly offer services or conduct promotional events), third-party service providers, credit bureaus or other sources, including but not limited to demographic information, contact information, open data, publicly available data and credit check information. We may use this information for purposes including customer support, fraud prevention, and credit-related decisions in connection with our Services, along with other purposes described in this Policy.
Information from Mobile Use. When you access our Services on a mobile device, for example, when you download or use an elmgARTS mobile application or visit our website from a mobile browser, we may obtain information about your location and mobile device, including a unique identifier for your device. Along with the other purposes described in this Policy, we may use this information in order to customize our Services, Content and marketing for your location. Most mobile devices let you disable location services, and your choices for location services may vary depending on your mobile device.
HOW WE USE THE INFORMATION WE COLLECT
The information we collect helps us to operate, improve, protect, and customize our Services, and to develop new Services. The information we collect also helps us to provide customer support and make our Services more efficient for you. In addition to the other uses of information described in this Policy, we may use all of the information that we obtain from or about you for the following purposes:
· to provide our Services to you, including new Services we develop later;
· to provide you with customer support;
· to facilitate your communications or transactions with us;
· to operate, improve, and customize our Services, Content, and marketing, to develop new Services, and to understand how you use and interact with our Services and Content, and the products, services, and Content of others;
· to develop and display more customized Content and ads to you on or off our Services;
· to promote and maintain a trusted, safer, and more reliable environment on our Services, for example, to help detect, prevent or otherwise address fraud, security or technical issues, conduct investigations or risk assessments, or verify actions taken by you or associated with your account;
· to contact you (by email, postal mail, telephone, mobile devices, SMS text message, or as otherwise authorized by you) in order to address issues with your account or use of our Services, collect fees, send you updates about our Services or policies, or for other purposes permitted by law;
· to contact you (by email, postal mail, telephone, mobile devices, SMS text message, or as otherwise authorized by you) in order to send you marketing communications, promotional messages, and offers about our Services and Content, and the products, services, and Content of others (see below for information on how to opt out of receiving certain communications from us);
· to facilitate your participation in contests, sweepstakes or other promotional events sponsored or conducted by us or by others in conjunction with us;
· to perform other functions as described when the information is collected or requested, or for other purposes with your prior consent.
We provide registered Users with settings on our Services to control whether they receive certain communications from us. If you do not want to receive marketing from us, you can unsubscribe by following the unsubscribe link in the email you received, changing your preferences in your profile and account settings (if you have registered for an elmgARTS account), or emailing us at email@example.com. Please note that opt-out requests may take up to ten (10) business days to process. You may not be able to opt out of receiving some communications from us, such as email about your account, your relationship with us, or your transactions.
ACCOUNTS AND USER PROFILES
Registration, Access and Records To register for an elmgARTS account, you will need to provide your full name and a valid email address. If you have received our permission to use our Services as a business, you may need to complete an additional registration process and provide additional information. If you have an elmgARTS account, you may access, add, remove or update certain information about you in your profile and account settings, as indicated on our Services. It is your responsibility to update all such information as necessary to keep it accurate and current. When you update your account or profile information, we may keep a record of the unrevised information for purposes consistent with this Policy. If you wish to cancel your account, you may do so by using the tools provided in your profile and account settings, subject to any other agreements between you and us. If you terminate your account, we may keep a record of any or all information associated with you or your account, as required or permitted by law, for purposes consistent with this Policy; specific account data that includes Personal Information including your name, e-mail, contact information, and certain other records such as settings and collector profiles will be removed at such termination.
Profile and Account Information. To make our Services more interactive, certain information about Users’ profiles or accounts may be made accessible on or through our Services, as indicated in Users’ profile and account settings on our Services, or as otherwise indicated by us when you use certain Services. For example, if your public profile is enabled in your settings, your name and certain information that you may enter in your profile (such as a bio, location and website) will be visible on our Services. Our Services may include settings to control how certain profile or account information is shared through our Services, and you should check your profile and account settings regularly to be informed of your current choices. Please also note that public information on our Services may be indexed by third-party search engines and accessible through them.
FAVORITES AND FOLLOWS
Our Services may include features that enable you to designate your “favorite” artwork or other items, or categories of artwork or other items. Our Services may also include features that enable you to “follow” galleries, or categories of artwork or other items. You may be able to share, or choose not to share, certain information about your favorites, follows or followers on or through our Services, as indicated by us in connection with these features or in your profile and account settings.
WITH WHOM DO WE SHARE PERSONAL INFORMATION?
Personal Information. Under this Policy, “Personal Information” means information that by itself can be used to identify or contact a specific person (for example, a person’s name, email address, postal address or phone number), and Personal Information does not include information that has been aggregated or made anonymous so that by itself, it no longer identifies and can no longer reasonably be used to contact a specific person. We will only share your Personal Information with others in the ways described in this Policy, or otherwise with your prior consent. In addition to the other sharing of Personal Information described in this Policy, we may share your Personal Information with others in the following contexts.
Service Providers. We may contract with third-party service providers that help us provide some of our Services, or that perform some services for us related to our Services, and they may access your Personal Information as needed to perform their functions for us. Examples may include but are not limited to order fulfillment, package delivery, payment processing, bill collection, fraud investigation, email and postal mail administration, customer service assistance, web and mobile data analytics, and server and database hosting services.
Business Transfers. If we are involved in a merger, acquisition, or sale of assets, your Personal Information may be one of the assets transferred. In this event, if you have registered for an elmgARTS account, we will notify you of the change of ownership by sending an email to the current email address you provided us under your elmgARTS account.
AGGREGATED AND NON-PERSONAL INFORMATION
We may aggregate or make anonymous any Personal Information that we have obtained in any way from or about you or others so that such information no longer contains any Personal Information. We may use and share any aggregated, anonymous or other non-personally identifying information for any purposes, including research and development, marketing, and to inform others about how our Services or Content are engaged with or used. Information we share in these contexts will not include your Personal Information.
OTHER WEBSITES AND SERVICES
elmgARTS is based in the United States. Our service providers, and other third parties you may interact with in connection with our Services, may be located in the United States and other countries around the world, including countries that may not offer the same level of protection for Personal Information as that offered in the United States. By accessing or using our Services in the United States or any other country or jurisdiction, you agree that your information may be transferred and processed in the United States and any other country or jurisdiction.
In cases of onward transfer to third parties of Personal Information of EU individuals received pursuant to the EU-U.S. Privacy Shield, elmgARTS remains accountable for the onward transfer of such Personal Information.
Our Services are not directed to children under the age of 13, and we do not knowingly collect Personal Information from people in this age group. If you believe we may have collected Personal Information from anyone under the age of 13, please contact us at firstname.lastname@example.org.
Every elmgARTS account is protected by a password to help maintain privacy and security on our Services. If you register for an account, we urge you to use a strong password containing unique numbers, letters and special characters, and to protect the confidentiality of your password at all times. If you suspect or become aware of any unauthorized access to or use of your account or password, you agree to immediately notify us and change your password. Please note that while we seek to protect your information and maintain the security of our Services, due to the possibility of hardware or software failure, unauthorized entry or use and other factors, we cannot guarantee the security of any information, whether online or offline. Any transmission of information is at your own risk. Please also note that any information you provide to us via email is unencrypted.
Some jurisdictions have laws that give people the right to access or correct their Personal Information which a company has about them. We will honor any statutory right you may have to access or correct your Personal Information that we have in our records, and you can email such requests to email@example.com Once we receive your request, we will let you know if an administrative fee will apply to fulfill your request, as permitted by applicable law. However, please note that even if you have a legal right to request access to information or to correct information, as permitted by applicable law, we may reject requests that are unreasonably repetitive, would require disproportionate technical effort (for example, developing a new system or materially changing an existing practice), would jeopardize the privacy of others, or would be extremely impractical to fulfill (for example, requests to access information located on backup systems).
If you do not receive timely acknowledgement of your complaint, or if your complaint is not satisfactorily addressed, you can also submit your complaint to the International Center for Dispute Resolution/American Arbitration Association (“ICDR/AAA”), an independent third party. Visit ICDR/AAA’s website here to file a complaint. Finally, as a last resort and in limited situations, EU individuals may seek redress from the Privacy Shield Panel, a binding arbitration mechanism.
What these Technologies Are. “Cookies” are small data files placed on your computer or other device which record information. For example, a cookie could enable our Services to recognize your browser, while another cookie could store your account preferences and other information to help make our Services more customized. We may use two kinds of cookies, “session cookies” and “persistent cookies.” Session cookies normally expire when you close your browser, while persistent cookies remain on your device until they expire or are deleted. “Web beacons” (also known as “pixel tags” or “clear GIFS”) are pieces of code or pixels embedded in a web page or email to track engagement with and responses to emails, web pages or ads, or to access or communicate with cookies. “Tracking URLs” are special URLs that can be used to track engagement with and responses to emails or web pages.
Opting-Out. Third-party providers may offer you a way to opt-out of receiving cookies from them by visiting their own websites or the websites of industry groups such as the Network Advertising Initiative and the Digital Advertising Alliance. For example, you may opt-out of receiving ad-related cookies from Google through its Ad Settings. If you opt-out of receiving cookies from one of these providers, it may place a cookie on your device to remember your preference. Accordingly, if you delete cookies, install a new browser, or start using a new device, you may need to repeat the opt-out process. We do not respond to browser-initiated “do not track” signals, as there currently is not an industry standard for responding to them.