Last Updated: January 31, 2022
By using our Services, you consent to the collection, use and sharing of your Personal Information as outlined in this Policy. You may withdraw consent at any time in writing, however such withdrawal does not negate our right to process your data prior to your withdrawal.
This Policy applies to all of our Services, regardless of how you use them, and whether or not you register for an Artsy account. This Policy 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. If, at any time during the course of using our Services, you are directed to a third-party site, you understand and agree that the policies of the third-party site govern. For the avoidance of doubt, any third-party with whom we share Personal Information is expected to provide the same or equal protection of Personal Information as stated in this Policy.
TYPES OF INFORMATION WE PROCESS
Information You Provide: We may collect the information that you provide (such as name, email address, home address, phone number) 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 Artsy account or update your account or User profile information;
- access or use our Services, such as when you search for or view artwork or other items, follow artists, galleries, institutions or other Users, place bids in an auction or otherwise perform transactions, or communicate with other Users (this can include the information you provide on or through our Services, and information about how you access or use our Services, such as which features you use and when you use them);
- link your Artsy 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; or
- communicate with us.
Information Collected Automatically: We may automatically collect certain information about how you access or use our Services, and by using our Services you consent to the collection of that information. 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 Users: If you use our Services to communicate with another User or perform a transaction with another User, we may obtain information or feedback from them about their interaction with you (for example, whether you were responsive to their communications or completed a transaction with them). Also, when Users share User Content through our Services, if it contains information about you, we will receive that information as well. More information about User Content is provided below.
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 legitimate business purposes, including the performance of a contract, 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 Artsy 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 which information may be used for legitimate business purposes. 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 AND THE REASONS FOR DOING SO
The information we collect helps us to operate, improve, protect, and customize our Services, as well as develop new Services. The information we collect also helps us provide customer support and make our Services more efficient for you and other Users.
For the sake of transparency, it is our responsibility to outline for you the legitimate business purposes for the collection of information and the reasons why we do so, in order for you to make an informed decision regarding the use of our Services.
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 and reasons:
- to provide our Services to you, including new Services we develop later (reason: legitimate business purpose and performance of a contract);
- to provide you with customer support (reason: legitimate business purpose);
- to facilitate your communications or transactions with us or other Users (reason: to receive consent, and for legitimate business purpose);
- 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 (reason: legitimate business purpose);
- to develop and display more customized Content and ads to you on or off our Services (reason: to receive consent, and for legitimate business purpose);
- 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 (reason: to protect the public interest and for legitimate business purpose);
- 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 (reason: performance of a contract and for legitimate business purpose);
- 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) (reason: to receive consent, and for legitimate business purpose);
- to facilitate your participation in contests, sweepstakes or other promotional events sponsored or conducted by us or by others in conjunction with us (reason: performance of a contract);
- to perform other functions as described when the information is collected or requested, or for other purposes with your prior consent (reason: legitimate business purpose).
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 email 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 Artsy account), or emailing us at [email protected]. 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 with us or other Users. For further information, please don’t hesitate to contact us at [email protected]. Please note that unsubscribing from receiving emails from us may result in a less robust experience of our Services.
ACCOUNTS AND USER PROFILES
Registration, Access and Records: To register for an Artsy account, you will need to do so by providing 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 Artsy 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 and any transactions which have not yet been completed. 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, and any such data shall be attached to a unique identifier which cannot be used to identify you; 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. For further information, please contact us at [email protected].
Profile and Account Information: To make our Services more interactive, certain information about Users’ profiles or accounts may be made accessible to other Users 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. Our Services may include settings to control how certain profile or account information is shared with other Users on or through our Services, and you should check your profile and account settings regularly to be informed of your current choices. For further information, please contact us at [email protected].
Data Retention: We will keep and use your data as described in this Policy for (i) as long as your account is in use, is open, or is active; (ii) as long as is necessary to comply with any tax, legal, and/or other regulatory requirements; and (iii) to protect and defend against potential legal claims. If you would like to request the deletion of your personally identifiable information or request that it be returned to you, please contact us at [email protected]. By deleting your data from our Site, you understand that you will no longer be able to use our Services. We will retain your anonymized, aggregated, depersonalized data after it has been deleted from our Site.
FAVORITES AND FOLLOWS
Our Services may include features that enable you to designate your “favorite” artists, designers or other creators, artwork or other items, or categories of artwork or other items. Our Services may also include features that enable you to “follow” galleries, institutions or other Users, artists, designers or other creators, or categories of artwork or other items.
If you enable such designations, we may include you in email communications regarding those designations. If you would like to opt out of receiving those emails, please follow the unsubscribe link at the bottom of the relevant email or visit your account profile to update your email settings. For further information, please contact us at [email protected].
Connecting with Other Users: We aim to provide a platform and marketplace where Users can discover and engage with a wide range of artwork, design and other items from around the world, including items from the various galleries, institutions and others that use our Services as exhibitors or sellers. To help make this happen, our Services may include features, such as messaging tools and email addresses hosted on our Services, that enable you to contact and communicate with other Users. For example, when an auction house, gallery, or other seller lists an artwork or other item on our Services, our Services may enable you to contact them about that item or about other items they may have available.
Sharing Information with Other Users: When you use our Services to contact another User or perform a transaction with another User, such as an auction house, gallery, or institution, they may obtain your name, email address and (as applicable) other contact information from us to facilitate communications, transactions, or for their marketing purposes. Sometimes such Users may be able to obtain additional information about you when you use our Services to contact them or perform a transaction with them. For example, they may be able to obtain information about your location, interests and other information, as indicated by us in connection with these Services, or as otherwise indicated in your profile and account settings. Our Services may include settings that enable you to choose how certain information is shared with other Users when you contact them or perform a transaction with them, as indicated when you use these Services 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. In certain circumstances, Personal Information may also include information you voluntarily provide to us such as artists and galleries you choose to follow. 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 our Services, or that perform services for us related to our Services, and they may process your Personal Information as necessary to perform those functions for us. Examples may include but are not limited to: identity verification, document authentication, public database review, order fulfillment, package delivery, payment processing, bill collection, fraud investigation, email and postal mail administration, customer service assistance, web and mobile data analytics, display ads, and server and database hosting services. For the avoidance of doubt, we do not sell your Personal Information to our Service Providers.
- Payment Processing: We use third-parties, including Stripe, to gather your data from financial institutions. By using our Services, you grant our third-party providers the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution according to terms of such third-party providers' privacy policies and service terms.
- 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 Artsy account, we will notify you of the change of ownership by sending an email to the most recent email address you provided us under your Artsy account.
AGGREGATED AND NON-PERSONAL INFORMATION
We may aggregate and/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 legitimate business purposes, including research and development, marketing, and to inform others about how our Services or Content are engaged with or used.
OTHER WEBSITES AND SERVICES
Artsy is headquartered in the United States. Our Users (including the galleries and other organizations that use our Services as exhibitors or sellers), 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, Artsy remains accountable for the onward transfer of such Personal Information.
Our Services are not directed to children under the age of 16, 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 16, please contact us.
Every Artsy 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 protected]. 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).
PRIVACY INFORMATION FOR CALIFORNIA RESIDENTS ONLY
If you are a California resident, California law requires us to provide you with some additional information regarding how we collect, use, and share your “Personal Information” (in this section, all terms as defined in the California Consumer Privacy Act ("CCPA")).
Categories of Personal Information we collect. Throughout this Policy, we discuss in detail the specific pieces of Personal Information we collect from and about users. Under the CCPA, we are also required to provide you with the “categories” of Personal Information we collect. The categories, and some examples of what we may collect, are:
- Identifiers; we may collect, e.g., name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers
- Customer records information; we may collect, e.g., name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, bank account number, credit or debit card number, other financial information, medical information, or health insurance information
- Characteristics of protected classifications under CA or federal law; we may collect, e.g., gender identity or age
- Commercial and financial information; we may collect, e.g., records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
- Internet or other electronic network activity information; we may collect, e.g., browsing history, search history, or information regarding a consumer’s interaction with an Internet website, application, or advertisement
- Geolocation data; we may collect, e.g., city, state, and ZIP code associated with your IP address or derived through Wi-Fi triangulation; and, with your permission in accordance with your mobile device settings, based on your mailing address
- Inferences that could be used to create a profile about a consumer reflecting the consumer’s preference, characteristics, psychological trends, preferences, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes
- Other Information, e.g., any other information you choose to directly provide to us in connection with your use of the Services
How we use your Personal Information. We use and share the categories of Personal Information we collect about you consistent with the various business purposes we discuss throughout this Policy, as described in the “How we Use the Information we Collect and the Reasons for Doing So” and “With Whom do we Share Personal Information?” sections above.
CCPA rights disclosure. If you are a California resident, the CCPA allows you or an authorized agent on your behalf to make certain requests about your Personal Information. Specifically, the CCPA allows you or your agent to request:
- Right to know. Information about the categories of Personal Information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your Personal Information; and the categories of third parties with whom we share/disclose Personal Information. Such information is also set forth in this Policy.
- Right to access. Provide access to and/or a copy of certain information we hold about you and that we have collected about you during the past twelve (12) months.
- Right to request deletion. Delete certain information we have about you.
- Information about the financial incentives that we offer to you, if any.
Please note that certain information may be exempt from such requests under California law. For example, we need certain information in order to provide the Services to you. We also will take reasonable steps to verify your identity before responding to a request. You are also permitted to designate an authorized agent to subject certain requests on your behalf. To verify that your agent has been authorized to make a request on your behalf, we may require them to provide us with a signed written authorization or a copy of a power of attorney.
Right to non-discrimination. The CCPA further provides you with the right to not be discriminated against (as provided for in applicable law) for exercising your rights.
Right to opt-out of the sale of Personal Information. If you are a California resident, the CCPA allows you to opt-out of the sale of your Personal Information. To opt-out of such sales, please click on “Do not sell my Personal Information” in the footer of our website and confirm your decision.
If you would like further information regarding your legal rights under California law or would like to exercise any of them, please contact us at [email protected] or click on “Do not sell my personal information” in the footer of our website and fill out the form.
Shine the Light. The California “Shine the Light” law gives residents of California the right under certain circumstances to request information from us regarding the manner in which we share certain categories of Personal Information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not share your Personal Information with third parties for their own direct marketing purposes, except with your consent.
EU-U.S. PRIVACY SHIELD
For more information about the EU-U.S. Privacy Shield Framework, visit the U.S. Department of Commerce's Privacy Shield website here.
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 PrivacyTrust, an independent third-party. Visit PrivacyTrust’s website here to file a complaint. In limited situations, EU individuals may seek redress from the Privacy Shield Panel, a binding arbitration mechanism, and please note that you have the right to register a complaint with your data protection regulator in your country, a list of which can be found here.
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. For more information about AdChoice, please visit their website. Accordingly, if you delete cookies, install a new browser, or start using a new device, you may need to repeat the opt-out process. To opt out of receiving any marketing materials, please email us at [email protected].
EU CONTACT INFORMATION:
If you need to be in touch with our EU representative, please contact us in either London or Berlin:
Artsy UK Ltd
42 Mincing Lane
London EC3R 7AE, UK
Email: [email protected]
Art.sy Inc GmbH
3 OG Rechts (3rd floor, right side)
12045 Berlin, Germany
Email: [email protected]