2.1. “Applicable Laws” shall mean any applicable privacy and data protection law, or other law, to the extent applicable to Artfully Walls.
2.2. “Artist” is a User who is has an account enabling it to sell his or her proprietary artwork on the Services.
2.3. “Information” means Personal Information and Non-Personal Information.
2.5. “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household, including, but not limited to:
2.5.1. “Contact Information”, including name, telephone number, email address, a home or other physical address,
2.5.2. “Financial and Payment Information” such as PayPal account details, transaction details, and certain credit card details. Such transaction details may include, but are not limited to, the last 4 digits of the credit card, card type and transaction numbers.
2.6. “Registered User”: means an individual who has created an account to the Service, including an Artist.
2.7. “User” or “you” and includes both Visitors, and Registered Users.
2.8. “Visitor” means an individual who browses the Website without creating an account.
4. The Categories of Personal Information we Process.
4.1. Information Provided by You
4.1.1. At Account Registration. In order to use the Services and/or certain features, you may be required to register an account (“Account”). When you sign-up to an Account, you will be asked to provide identifiers such as your Contact Information. You can also register by connecting an existing account you may have on a social network such as Facebook (a “Third Party Account”). If you choose this option, then a Third Party Account pop-up box will appear which you will need to approve in order to proceed, and which will describe the types of information that we will obtain from the Third Party Account and how we will use it. We use this information to provide the Services, including but not limited to saving items in your cart and sending you notice regarding incomplete purchases. We also use this information to send you our newsletter.
4.1.2. When you communicate with us. If you choose to submit an online form or send us an email, you may be required to provide us with certain identifiers such as your name and email address. You may also choose to provide us with additional Personal Information (“Communication Information”). We use this information to respond to your communications.
4.1.3. When you make a purchase. When you purchase products through the Services, you will be required to provide identifiers such as your Contact Information and Financial and Payment Information. We also collect a history of your past purchases (“Purchase History”). We use this information to process your purchases.
4.1.4. Artist Account Registration. If you are an artist and you wish to join the Services to sell your art through the Services, you will be required to sign-up as an “Artist” under the Services and provide identifiers such as your Contact Information, as well as Financial and Payment Information. In order to verify your identity and to process payments to you, we may require additional identifiers and Financial and Payment Information, such as copies of your identity documentation and tax withholding information.
4.2. Information We Collect Automatically
4.2.1. When you visit the Site or interact with the App, we may automatically collect the following types of Personal Information: identifiers (such as your IP address), your location, and internet activity (such as usage data about your browsing actions and patterns). We also collect the type of device and operating system and technical data about your equipment. We (and third parties on our behalf) collect this data by using the following and similar technologies:
· Site Cookies, Log-Files and Tracking Technologies. The Site may utilize “cookies”, log-files and other tracking technologies. For more information about our cookies policy please refer to Section 8 below.
· App Log-Files. We may collect information from your mobile device in order to provide the Services. Such information may include identifiers such as your mobile device ID and your browsing history such as the date and time stamps of App use. We use this information to track usage of our Service in order to determine how to best provide the Services and to streamline the user experience.
4.3. Information you Publish on the Services. The Services allow you to publish certain content on the Services and by doing so such content becomes publicly available to Users of the Services. Such content includes:
4.3.1. User Content. The Services may permit you and other users to post, publish and transmit information, video, image, data, text, documents, and other content (such as works of art to be sold via the Services) onto public areas of the Services (“User Content”). Once published, User Content will become publicly available content and will be available to other users of the Services and third parties to view. Your User Content may include your identifiers such as your name or username, as well as any other Personal Information you choose to include. We use your Personal Information to identify the User Content as being submitted by you. You may use the tools that we make available on the Services to change or remove the User Content submitted by you.
4.3.2. Public Profile. If you are an Artist submitting works to be sold via the Services or a user who creates a page with your art picks (such as “designer picks”), you may be able to build a public profile in connection with your Account (“Public Profile”). Your Public Profile may include identifiers such as your name and other Personal Information that you choose to include. Your Public Profile will be publicly available to other Users of the Services and third parties. You may use the tools that we make available on the Services to change and update the information that you have included in your Public Profile.
4.4. Information Provided by Third Parties. We may receive Personal Information from various third parties, including:
· Identifiers, such as Contact Information, as well as Financial and Payment Information provided by our partners that send to us certain orders for products purchased through such partners’ websites and mobile applications;
· Technical data such as analytics provided by Google or similar providers, which includes identifiers such as your IP address and your internet activity;
· Technical data from affiliate networks through whom you have accessed our website, which includes identifiers such as your IP address and your internet activity;
· Contact Information from Third Party Accounts through which you log in to the Services; and
· Contact Information, shipping and billing address, Financial and Payment Information, and transaction data from providers of technical, payment and delivery services.
5. The Way We Use Personal Information.
5.1. Your Personal Information may be used in the following ways:
5.2. To provide and improve the Services. We use your internet activity and location to determine usage of our Services and thereby determine how to provide a better experience to you.
5.3. We use your Contact Information and Financial and Payment Information to contact you in connection with the Services, programs or offerings that you may have registered for, and to identify and authenticate your access to the parts of the Services and services that you are authorized to access.
5.4. We may use your Contact Information to send you notifications regarding the Services and third party advertisements.
5.5. We may use your Contact Information to send you updates, a newsletter or news regarding the Services and our products and services. We also use your Contact Information, as well as your Communication Information to contact you in response to a “Contact Us” request.
5.6. When you make a purchase on the Services, we use your Contact Information, Financial and Payment Information, and Purchase History to process your purchase.
6. Sharing Information with Others. We may share your Information with others as follows:
6.2. We may disclose your Personal Information or any information you submitted via the Services if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce our Terms including investigations of potential violations thereof; (iii) detect, prevent, or otherwise address fraud or security issues; or (iv) protect against harm to the rights, property or safety of Artfully Walls, users of the Services, yourself or the public.
6.3. Corporate Reorganization. In the event that we enter into, or intend to enter into, a transaction that alters the structure of our business, such as a reorganization, merger, acquisition, sale, joint venture, assignment, consolidation, transfer, change of control, or other disposition of all or any portion of our business, assets or stock, we would share Personal Information with third parties, including the buyer or target (and their agents and advisors) for the purpose of facilitating and completing the transaction and such information would be part of the assets sold. We would share Personal Information with third parties if we undergo bankruptcy or liquidation, in the course of such proceedings.
8.1. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. When you access or use our Services, we use industry-standard technologies such as cookies, other tracking technologies and other local files, which store certain information on the browser or hard drive of your computer and/or your mobile device (“Local Storage”). Cookies usually also have an expiration date. For example, some cookies are automatically deleted when you close your browser (these are “session cookies”), while others stay longer on your computer, sometimes even until you delete them manually (these are “persistent cookies”).
We use the following types of cookies to collect data:
8.1.1. Strictly Necessary Cookie. These cookies are required for making use of the Services. These cookies include security cookies to authenticate users, prevent fraudulent use, and protect user data from unauthorized parties as well as session cookies that remember your log-in session so you can move easily within the Services.
8.1.2. Functional Cookies. These cookies record some of your activity on the Services as well as information about your device, such as what browser you are running, and what pages you access. This information helps us and our third party service providers diagnose server and software errors, and in cases of abuse, track and mitigate the abuse. These cookies improve your user experience by remembering your preferences and enabling automatic activation of certain features. These cookies also gather information about your approximate geo-location to provide localized content and help us comply with applicable requirements.
Behavioral or interest-based advertising: To learn more about the use of this information by our service providers you can visit the Network Advertising Initiative website (http://www.networkadvertising.org/managing/opt_out.asp) or the Digital Advertising Alliance website (http://www.aboutads.info/choices/), or if you are in the EU, the EDAA (http://www.youronlinechoices.eu/).
Facebook Connect: We use Facebook Connect to allow you to connect your account on our Services to your Facebook account. You may do this by either logging in to our Services through Facebook’s API, or after you have registered on our Services. If you choose to do so, we will ask permission to access certain of your identifiers such as your name and profile picture, as well as your friend list. You can stop sharing this information with us at any time by removing our access to your Facebook account. Any information that you provide Facebook through your Facebook account is governed in accordance with Facebook's Data Usage Policy.
Facebook Pixel: We use Facebook Pixel to customize our advertising and to serve you ads on your social media based on your browsing behavior. This allows your behavior to be tracked after you have been redirected to our website by clicking on a Facebook ad. The Facebook Pixel stores a cookie on your computer to enable us to measure the effectiveness of Facebook ads for statistical and market research purposes. We do not have access to the personal information collected through the Facebook Pixel. However, the information collected via the Facebook Pixel, on our website as well as other websites on which Facebook Pixel is installed, is also stored and processed by Facebook. Facebook may link this information to your Facebook account and also use it for its own promotional purposes in accordance with Facebook's Data Usage Policy. The Facebook Pixel also allows Facebook and its partners to show you advertisements on and outside of Facebook. You can opt-out of displaying Facebook ads by visiting your Facebook Ad Settings, and you can clear and control the information third parties share with Facebook in your Off-Facebook Activity page. If you do not have a Facebook account, you can opt-out of Facebook ads through the Digital Advertising Alliance here. For European users, please visit the European Interactive Digital Advertising Alliance here.
Google Analytics: We use Google Analytics to analyze how people interact with our Services. See http://www.google.com/policies/privacy/partners for information about how Google uses the information provided to Google Analytics. You can control the information provided to Google and opt out of certain ads provided by Google by using any of the methods set forth here or using the Google Analytics opt out browser add-on here.
Cookie settings: You can block, control or delete cookies by adjusting the settings of your web browser. To find out how to block, control or delete cookies, please visit: https://www.aboutcookies.org/, which also provides information on how to control or delete cookies from specific browsers. Note that blocking cookies may render some or all Service features useless.
8.3. Please note, that unless you block the acceptance of cookies, the Services will utilize cookies upon your use of the Services (all unless it is required by applicable law to provide a separate consent to use such cookies, and in which case we will use such cookies only after we receive your separate consent to such use and subject to your right to withdraw such consent at any time).
8.4 Do Not Track Disclosure. We do not support Do Not Track (“DNT”). DNT is a preference you can set on your web browser to inform websites that you do not want to be tracked. You can enable or disable DNT by visiting the Preferences or Settings page of your web browser. For more information, visit: https://allaboutdnt.com/.
9. Opting Out. You may choose not to receive future promotional, advertising, or other Service-related emails from us by selecting an “unsubscribe” link at the bottom of emails that you receive from us. Please note that even if you opt out of receiving the foregoing emails, we may still send you administrative emails that are necessary to facilitate your use of the Services.
10. Choice. At all times, you may choose whether to provide or disclose Personal Information. If you choose not to provide the Personal Information we request, you may still visit parts of the Services, but you will not able to purchase or sell products on the Services and may be unable to access certain options, programs, offers, and services that involve our interaction with you.
11. Access/Accuracy. To the extent that you do provide us with Personal Information, Artfully Walls wishes to maintain accurate Personal Information. You may use the tools that we make available in the Services to remove or modify certain information in your Account or Public Profile. If you would like to correct a material inaccuracy in any of your other Personal Information that we may be storing, you may submit an access request by sending an email to email@example.com. Your email should include adequate details of your request.
12. Links to Other Sites. The Site may contain links to third party websites that are not owned or controlled by Artfully Walls. We are not responsible for the privacy practices or the content of third party websites, and you visit them at your own risk.
14. Security. The security of your Personal Information is important to us. We follow generally accepted industry standards, including the use of appropriate administrative, physical and technical safeguards, to protect the Personal Information submitted to us. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. If you have any questions about security on the Services, you can contact us at firstname.lastname@example.org
15. Data Retention.
15.2. We may store aggregated non-Personal Information without time limit. In any case, as long as a user uses the Services, we will keep information about that user, unless we are legally required to delete it, or if that user exercises its rights to request deletion of such user's Personal Information.
16.1. Under the California Consumer Privacy Act 2018 (the “CCPA”), California residents have the following rights, subject to submission of a verifiable request made to us:
· Access. The right to request what Personal Information we collected, used, disclosed, and sold about you within the preceding 12 months. Once we receive your request and confirm your identity, we will disclose to you information we have collected about you as required by the CCPA. We do not knowingly sell any Personal Information of minors under the age of 16 without receiving affirmative authorization to do so.
· Deletion. The right to request the deletion of your Personal Information that we collect or maintain. Once we receive your request and confirm your identity, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies under the CCPA.
· Non-Discrimination. The right to not receive discriminatory treatment if and when you exercise your right to access, delete, or opt-out under the CCPA. This means we cannot, for example, deny goods or services to you or charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties, due to you having exercised your rights.
16.2. You may exercise your rights by sending us a request to email@example.com or by calling us at 1 (888) 693-6648. For other inquiries, please contact us according to the details that appear in Section 20 (“Contact Us”). To opt-out of the sale of your Personal Information, please click DO NOT SELL MY PERSONAL INFORMATION.
17. European Union Residents. While the Services are not designed to target users in the European Economic Area (“EEA”) and we do not actively market the Services in the EEA, if you are a resident of the member state of the EEA, please see Appendix A for additional information regarding our collection and use of Personal Information.
19. Applicable Law and Dispute Resolution.
Last modified: 15 Jun, 2020
Additional Provisions Applicable for Personal Information
Collected from Residents of the EEA
1. General and Contact Details.
The name of the entity that collects and processes your Personal Information is Artfully Walls Ltd.
If you have any concerns, request or questions with respect to your Personal Information you may contact Artfully Walls at: firstname.lastname@example.org.
“Applicable Laws” means the GDPR and European Member State Laws implementing and supplementing the GDPR to the extent applicable to Artfully Walls.
“Data Subject” means a natural person, and refers to all types of individuals mentioned above including Users and Visitors.
“GDPR” means the General Data Protection Regulation (EU) 2016/679 (“GDPR”), as amended, replaced or superseded from time to time.
3. Legal Basis for Processing Personal Data.
We will only process Personal Data of Data Subjects where we have a legal basis to do so. The legal basis will depend on the purposes for which we received and/or collected and need to use the Personal Data. In almost all cases the legal basis will be:
a) To provide our Services to the Data Subject.
b) To fulfill a legitimate interest that we have as a business.
c) Because a Data Subject consented to us using its Personal Data for a particular purpose.
d) It is hereby clarified that the legal bases detailed above are the legal bases for actions to process Personal Data, carried out by us in accordance with the GDPR. If processing of Personal Data is subject to other applicable laws, then the legal basis for processing Personal Data may differ accordingly.
4. Data Subject Rights
4.1. Residents of the EEA have the following rights:
4.1.1. Access, Correction and Erasure Requests: You have the right to:
· ask us to confirm whether we are processing your Personal Data
· receive information on how your Personal Data is processed
· obtain a copy of your Personal Data
· request that we update or correct your Personal Data
· request that we delete Personal Data in certain circumstances
4.1.2. Right to Object to Processing: In certain circumstance, you have the right to request that we cease processing of your Personal Data.
4.1.3. Right to Restrict Processing: In certain circumstance, you have the right to request that we limit the processing of your Personal Data.
4.1.4. Data Portability: You have the right to request that we provide you or a third party that you designate with certain elements of your Personal Data in a commonly used, machine readable format. Please note, however, that data portability rights apply only to Personal Data that we have obtained directly from you and only where our processing is based on consent or the performance of a contract.
4.1.5. Right to Withdraw Consent: You have the right to withdraw your consent to any processing that we conduct solely based on your consent (such as sending direct marketing materials to your personal email account). You may withdraw your consent to marketing or other activities by following the instructions on any marketing emails, or contacting us at email@example.com.
4.2. Submitting Requests: Your requests may be submitted by sending a message to firstname.lastname@example.org. We will respond to all such requests within 30 days of our receipt of the request, unless there are extenuating circumstances, in which event we may take up to 60 days to respond. We will inform you if we expect our response to take longer than 30 days.
4.3. Please note, however, that certain Personal Data may be exempt from such rights pursuant to Applicable Laws. In addition, we will not respond to any request unless we are able to appropriately verify the requester’s identity. We may charge you a reasonable fee for subsequent copies of data that you request.
4.4. If you have concerns about our data practices or the exercise of your rights, you may either contact us at email@example.com or the supervisory authority in the Member State of your residence.
5. International Data Transfers.
5.1. We may transfer Personal Data we collect about you pursuant to the purposes described in this Policy outside the EEA.
5.2. In particular, we transfer your Personal Information to our cloud service providers in the United States. We use appropriate safeguards for the transfer of Personal Data to our service providers in various jurisdictions and, where required, entered into agreements with such service providers that provide for certain mechanisms (such as standard contractual clauses) or other safeguards required by the GDPR for such purposes.