Privacy Policy
Privacy Policy

Introduction

At Artscapy, we take the issue of your privacy very seriously, which is why we work diligently to ensure that we have policies and procedures in place, allowing us to continue bringing art enthusiasts together to share their love of art.  The following privacy policy was developed in accordance with the Data Protection Act 2018 and UK General Data Protection Regulation (UK GDPR) and explains what personal information we collect or receive from you, how we process such personal information, and what we do to keep your personal information safe and secure.

Please carefully read the following to understand our views and practices regarding your personal information and how we will treat it.


Who we are and what we do

We are Artscapy Limited, the platform that brings the art world together to explore, connect, discuss, and collect art.  We are registered at UK Companies House and our company number is 12918699.  Our office is based at 36 Fifth Avenue, Hampshire, England, Havant, PO9 2PL.

We collect personal information from the following types of people to allow us to undertake our business:

  • You, individual users and members who are using our website and mobile application (app).
  • Personnel at galleries, auction houses, museums, and other art-related professional services that use our website and app.
  • Art collectors and professional sellers who use the marketplace to buy and sell artwork.
  • Our own employees, contractors, partners, and shareholders.

We collect information about you to carry out our core business and ancillary activities.


Information you give to us or we collect about you

This is information about you that you give to us by registering on our website (www.artscapy.com) or app, as well as corresponding with us by phone, e-mail, or other forms of communication.  It includes information you provide when you register or subscribe to become a member of Artscapy, buy or sell an item, enter a promotion or survey, and when you report a problem with our website and/or app.

The information you give to us or we collect about you may include your name, e-mail address, age, date of birth, home address, and payment details.


Information we collect about you when you visit our website

With regard to each of your visits to our website, we will automatically collect the following information:

  • Technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information (if applicable), browser type and version, browser plug-in types and versions, operating system, and platform; and
  • Information about your visit, including the full Uniform Resource Locators (URL) and how you interact with our website.


Purposes of the processing and the legal basis for the processing

We use information held about you in the following ways:

  • To carry out our obligations arising from any contracts we intend to enter into or have entered into between you and us and to provide you with the information and services that you request from us or which we think will be of interest to you.
  • To provide you with information about other services we offer which are similar to those that you already utilise, have been provided with, or you have enquired about.
  • Our legal basis for the processing of personal information is our legitimate business interests, described in more detail below, although we will also rely on contract, legal obligation, and consent for specific uses of personal information
  • We will rely on legal obligation if we are legally required to hold information about you to fulfil our legal obligations.


Our legitimate business interests

We process your personal information on a number of lawful bases, including your consent, where provided.  One such lawful basis is “legitimate interests” which means that we are permitted to process your personal information where:

  • We have a genuine and legitimate reason; and
  • We are not harming any of your rights and interests.


Consent

Should we want or need to rely on consent to lawfully process your personal information we will request that you provide your consent verbally, by email, or by an online process for the specific activity for which we require consent and your response will be recorded on our system.  Where consent is the lawful basis for processing your personal information, you have the right to withdraw your consent to this particular processing at any time.

Other uses of your personal information:

  • To notify you about changes to our service;
  • To ensure that content from our website is presented in the most effective manner for you and for your computer or any other device used to access Artscapy;
  • To ensure the artwork you are either buying or selling reaches the correct destination;
  • To administer our website and for internal operations, including troubleshooting, data analysis, testing, research, statistical, and survey purposes;
  • To improve our website to ensure that our service is provided in the most effective manner for you;
  • As part of our efforts to keep our website safe and secure;
  • To enable us to keep in touch with you regarding your activity in the marketplace;
  • To process your payment;
  • To develop additional features to enhance the Artscapy service;
  • To measure or understand the effectiveness of advertising we provide to you and others, and to deliver relevant advertising to you in accordance with your related consent; and
  • To make suggestions and recommendations to you and other users of our website about goods or services that may interest you or them.

We do not undertake automated decision-making or profiling.  We do use our computer systems to search and identify personal information in accordance with parameters set by a person.  A person will always be involved in the decision-making process.


Cookies

Our website uses cookies to distinguish you from other users of our website.  This helps us to provide you with a positive and tailored experience when you browse our website and further helps to improve our website.  For detailed information regarding the cookies we use and the purposes for which we use them, see our Cookie Notice - https://artscapy.com/page/Cookie-Policy.


Disclosure of your information inside and outside of the UK

We work with the following third parties and share your personal information with them to help us deliver the best possible service to you:

  • Amazon Web Services (AWS), a secure cloud services platform.  See https://aws.amazon.com/privacy/
  • Paypal, a payment platform that allows our business to make and receive payments over the Internet.  See https://www.paypal.com/uk/webapps/mpp/ua/privacy-full
  • Mailchimp, our email campaign service provider, to keep you up to date with Artscapy news.  Mailchimp has certified its agreement to the EU/US Privacy Shield. See https://mailchimp.com/legal/privacy/
  • UNA, a full-stack software platform for building the Artscapy website.  See https://una.io/page/privacy
  • Business partners, galleries, third party art dealers, consultants, and other art-related professional services for the provision of Artscapy’s service to you.
  • Analytics and search engine providers that assist us in the improvement and optimisation of our app.

We will disclose your personal information to third parties where:

  • We sell or buy any business or assets; we will disclose your personal information to the prospective seller or buyer of such business or assets.
  • Artscapy, or substantially all of its assets, are acquired by a third party; personal information regarding Artscapy customers will be among the transferred assets.
  • We are under a duty to disclose or share your personal information in order to comply with any legal obligation, or in order to enforce or apply our terms of service, website terms of use, or other agreements; or to protect the rights, property, or safety of Artscapy, our customers, or others.  This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.


Where we store and process your personal information

The personal information that we collect from you is stored on cloud servers within the European Economic Area (EEA).  All information you provide to us is stored on these secure servers and any payment transactions are encrypted.  Where we have given you (or where you have chosen) a password which enables you to access certain parts of our website, you are responsible for keeping this password confidential.  We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our website; any transmission is undertaken at your own risk.  We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used, or accessed in an unauthorised way, altered, or disclosed.   In addition, we limit access to your personal information to those employees, agents, contractors, and other third parties who have a business need to know.  They will only process your personal information on our instructions and they are subject to a duty of confidentiality.

Personal information will be held in servers in Europe and may be accessed by remote staff which work outside the EU/EEA.  However, such staff receive appropriate training and are only permitted to access personal information which is necessary to perform their roles.

On 31 December 2020, the Brexit transition period ended.  The UK awaits an adequacy decision from the European Commission (EC) to allow transfers from the EU/EEA to the UK without the requirement of additional safeguards.  The EU-UK Trade and Cooperation Agreement contains a bridging mechanism which permits the continued free flow of personal information from the EU/EEA to the UK after the transition period and until adequacy decisions come into effect (for up to 6 months). Subject to the EC’s adequacy decision, this privacy policy may be updated accordingly.

 

Whenever we transfer your personal information out of the UK, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

  • We will only transfer your personal information to countries that have been deemed to provide an adequate level of protection for personal data; or
  • Where we use certain service providers, we may use specific contracts approved for use in the UK which give personal information the same protection it has in the UK.


Retention of your personal information

We will only retain your personal information for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting, or reporting requirements.  We may retain your personal information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

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 unauthorised 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, regulatory, tax, accounting or other requirements.


Your rights

You have the right to request that we not process your personal information for marketing purposes.  We will usually inform you (before collecting your personal information) if we intend to use your personal information for such purposes or if we intend to disclose your information to any third party for such purposes.  In such circumstances, we will collect express consent from you if legally required to do so prior to using your personal information for marketing purposes.

Our website may, from time to time, contain links to and from the websites of our partner networks, advertisers, and affiliates.  If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for such policies.  Please check these policies before you submit any personal information to these websites.


The UK GDPR provides you with the following rights:

  • Request correction of the personal information that we hold about you.  This enables you to have any incomplete or inaccurate information we hold about you corrected.
  • Request erasure of your personal information.  You may ask us to delete or remove personal information where we do not have a lawful basis for continuing to process it.  You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing.
  • Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground.  You also have the right to object where we are processing your personal information for direct marketing purposes.
  • Request the restriction of processing of your personal information.  You may ask us to suspend the processing of personal information about you; for example, if you want us to confirm the accuracy of, or reasons for processing, your personal information.
  • Request the transfer of your personal information to another party in certain formats, if practicable.
  • Make a complaint to a supervisory body; in the United Kingdom, the Information Commissioner’s Office.  The ICO can be contacted through this link: https://ico.org.uk/concerns/


Access to information

The Data Protection Act 2018 and UK GDPR give you the right to access your personal information.  We encourage you to contact us to ensure that your personal information is accurate and complete.

A data subject access request should be submitted to our Data Protection Officer Emilia Gyoerk at Emilia@Artscapy.com.  In accordance with the Data Protection Act 2018, no fee will apply to such an access request.


Changes to our privacy notice

Any changes we make to our privacy notice will be posted on this page and, where appropriate, you will be notified of such changes by e-mail.  Please check back frequently for any updates or changes to our privacy notice.


Contact

We hope that we have shared with you all the information you need, but in the event that you seek further information or if you have any questions, please contact us via email at info@artscapy.com.

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