Please understand that you are not obligated or required to provide with any of your Personal Information; however, if you do not provide us with your Personal Information, you may not be able to access all of the features available on our website or mobile application. For example, if you do not provide us with your name, contact information, and payment information, you may not be able to make purchases on our website or mobile application.
When you visit our website or use our mobile application, we may automatically collect some information about you in order to ensure that we are able to offer services to you. This may include the following categories of information:
● Technical Information. This may include your browser type and version (e.g. Internet Explorer, Firefox, Chrome, Safari), operating system (e.g. Windows, Macintosh), IP address, device type, time zone setting, and Internet service provider.
● Information About Your Visit. This may include the pages you viewed or searched for, page response times, download errors, length of visits to certain pages, and page interaction information (such as scrolling, clicks, and mouse-overs).
● Location Information. This may include information about your country, state, and city.
● Cookie Information. This may include information about your device ID and browsing and Internet history. To understand more about cookies, how we use them, and how you can opt-out of them, please refer to Cookies and Similar Technologies below.
As a general rule, we do not connect any of this automatically collected information with other information that could identify you, or store it in such a way that it could be used to identify you. In other words, you can generally browse our website without telling us who you are, even though our website will collect this information about you as you browse. As a result, we do not consider this information to be Personal Information on its own. If, however, it is ever used or stored in a manner that would connect it to identifying information about you, such as the information discussed below, we would consider it to be Personal Information subject to special protection under certain laws.
In the course of using our services, you may also provide us with information about you, including Personal Information. This may occur when you partake in the following activities:
● When You Communicate with Us. If you reach out to us using the “Contact Us” page on our website, by phone, via email or otherwise, we will retain the Personal Information that you provide. This may include information you provide when participating in discussion boards or social media functionality on our website or mobile application, as well as information you provide when you report a problem with our website, mobile application, or other services. Please note that, if you communicate with us by phone and if you consent, your call may be recorded by us to log transactions and for training and quality purposes.
● When You Create an Account with Us. To take full advantage of some of our services, you may be required to register and create an account via the “Sign Up” pages on our website or mobile application. To do so, you may need to provide us with certain Personal Information, including your name, contact information such as your address, email address, and phone number, and business information. You may also be asked to create and provide to us a username and password so that you can access your account.
● When You Subscribe to Our Newsletter. If you would like to subscribe to our newsletter, you may be required to provide us with your email address. You may choose to unsubscribe to the newsletter at any point by following the procedures outlined in Section XI below.
● When You Save an Item to Your Favorites. You may save items to your “favorites” list by clicking the star icon for an item as you view it on our website or mobile application. If you have created an account, your saved items are stored in your “favorites” folder until you remove them.
● When You Add Yourself to an Item’s Waitlist. As you view items on our website or mobile application, you may express interest in sold-out items by clicking the "Add to Waitlist" button for an item. If you have created an account, your saved items are stored in your “Added to Waitlist” folder until you remove them.
● When You Join as a Gallery Partner. If you choose to become a gallery partner with us, you may be required to provide Personal Information to us, such as information about your company and any reseller or trade association information.
● When You Make a Purchase. When you make a purchase using our services, we may ask you to provide contact, payment, and shipping information so that we can process your order. As discussed in Section IV below, we may provide this information to our partner galleries so that they can process and ship your order. Those galleries may also contact you to follow up about your experience with the specific artwork.
We will only collect and process your Personal Information if we have a valid lawful basis to do so. In most instances, this means that we will only collect and process your Personal Information when we need to do so to provide services to you pursuant to an agreement between us and you, or when we need to do so for another valid business reason. In certain other instances, we may collect and process your information if you have provided clear and explicit consent, which you are free to withdraw at any time, or if we need to do so because of a legal requirement.
When we collect information from you, we will retain it for as long as you have a relationship with us, or for as long as is necessary for us to provide services to you, comply with legal requirements, or protect our interests.
We may use the Personal Information we collect from or about you to do the following:
● Communicate with you about our services or the services of our Gallery Partners via email or, with your consent, via notifications on your mobile device;
● Facilitate transactions with you or otherwise facilitate your use of our services;
● Verify your eligibility for certain services or offerings;
● Operate and improve our services;
● Offer our services in a more personalized way;
● Understand how you and others use our services;
● Deliver relevant advertising to you;
● Understand the effectiveness of advertising we serve to you and others;
● Monitor and ensure the quality of our website and mobile application;
● Prevent and detect fraud and other security concerns; and
● Meet our legal obligations to you and others.
We will never sell your Personal Information to third parties for monetary compensation. And, unless we first obtain your specific, informed consent, we will never share your Personal Information with third parties other than under the following circumstances:
● As Needed to Facilitate a Transaction or Request. If you make a purchase or otherwise initiate a transaction or request using our website or mobile application, we may share your Personal Information with our Gallery Partners, certain third party payment processors, and certain third party service providers, such as UPS or other shipping providers, in order to facilitate your transaction or request. When we share your Personal Information for this purpose, we take steps to ensure that the third parties with whom we share it will protect your information, and are not permitted to use your information other than to facilitate your transaction or request, but ultimately do not control and are not responsible for such third parties.
● As Needed for Our Internal Business Purposes. We may share your Personal Information with certain third party service providers who perform functions on our behalf, including data analytics services, IT and network services, marketing and advertising services, customer service, payment processing, shipping services and automated importing of user-submitted data into our service providers. When we share your Personal Information for this purpose, we take steps to ensure that the third parties with whom we share it will protect your information, and are not permitted to use your information other than to facilitate our internal business purposes, but ultimately do not control and are not responsible for such third parties.
● As Needed to Comply with Legal Requirements. We may share your Personal Information pursuant to a valid subpoena or other valid legal process if we are required to do so. We may also share your Personal Information in order to enforce our Terms of Service and other policies, or otherwise to protect our rights, property and safety, or the property and safety of others.
● As Needed in the Event of a Corporate Transition. We may share your Personal Information if all or part of our services or assets are purchased, sold, or transferred, or in the event of our insolvency, bankruptcy, or receivership.
We have implemented commercially reasonable physical, administrative, and technical safeguards designed to protect the information we collect from and about you, including your Personal Information. We also encourage you to take steps to ensure that your personal devices and usernames and passwords remain private and secure, so as to protect your Personal Information. You should understand, however, that because the transmission and storage of information via the Internet and other online services is, by nature, never fully secure, there is some risk that your Personal Information will be obtained and used by bad actors if you provide it to us.
Depending on the jurisdiction in which you live, you may have certain rights with respect to the information we collect from or about you. This section details those rights with respect to individuals living in the European Economic Area and California. If you have questions about whether you can exercise these or similar rights with respect to your information, you can always contact us as described in Section XI below.
If you live in the European Economic Area, you may have the following rights with respect to your information pursuant to the EU General Data Protection Regulation (“GDPR”):
● The Right to Access. You may have the right to request access to any Personal Information we hold about you as well as related information, including our purposes for processing the Personal Information, the recipients or categories of recipients with whom we have shared the Personal Information, the period for which we plan to store the Personal Information, and the existence of any automated decision making with respect to the Personal Information.
● The Right to Correct. You may have the right to rectify or correct any inaccurate Personal Information we hold about you.
● The Right to Erasure. You may have the right to request that Personal Information we hold about you be deleted, provided that we do not need to retain the Personal Information for compliance with a legal obligation under European or Member State law or for the establishment, exercise or defense of a legal claim.
● The Right to Restrict or Object to Processing. You may have the right to prevent, restrict, or object to our processing of your Personal Information, except to the extent we are required to process your Personal Information for the establishment, exercise or defense of legal claims.
● The Right to Transfer. You may have the right to request transfer of your Personal Information directly to a third party where this is technically feasible.
If you would like to make a request to exercise any of these rights, you can contact us as described in Section XI below. We will never discriminate against you for making such a request. We will respond to you within one month of receiving your request.
Please note that, for purposes of processing your information as a resident of the EEA, David Zwirner Digital, LLC is the data controller responsible for making decisions about our use of your information.
As a data subject under the GDPR, you should also be aware that the Personal Information we collect from and about you may be held on, transferred to, or accessed by computers and systems located outside of the EEA, including in jurisdictions, such as the United States, where laws regarding data protection may be less stringent than the GDPR. Where we transfer your information to these other jurisdictions, we take steps to ensure your information will be processed in accordance with the GDPR, for example by entering into Standard Contractual Clauses where appropriate. However, by using our website, mobile application, or other services, you acknowledge and agree to our collecting and processing of your Personal Information in jurisdictions outside of the EEA, including the United States.
If you live in California, you may have the following rights with respect to your information pursuant to the California Consumer Privacy Act (“CCPA”):
● The Right to Access. You may have the right to request access to the categories of Personal Information we hold about you as well as related information, including the sources from which we obtained the Personal Information, our purposes for processing the Personal Information, the categories of third parties with whom we have sold or shared the Personal Information, the period for which we plan to store the Personal Information, and the existence of any automated decision making with respect to the Personal Information.
● The Right to Deletion. You may have the right to request that your Personal Information be deleted.
If you would like to make a request to exercise any of these rights, you can contact us as described in Section XI below. We will never discriminate against you for making such a request. We will acknowledge receipt of your request within ten days, and respond to your request within 45 days of receiving your request, unless we indicate otherwise.
As discussed above, we may from time to time contact you about our services or offerings, either via email, via our newsletter, or through other means. If at any point you no longer wish to receive these communications, you can always “opt-out” of receiving them by contacting us at the email address listed in Section XI below. You can also always elect not to receive emails from us either by “unsubscribing” to an email you receive.
By using cookies and similar technologies, we may collect your unique device ID, IP address, software and hardware type, browser type and setting data (for example, time zone setting, screen resolution and browser extensions and plugins), Internet service provider, serving domain, location data, geographic area, operating system, search history, referring websites, data on interaction with our Services (such as page views) and times and dates of actions. The types of cookies we use include:
● Criteo for data analytics and tailored advertising on our Services. To learn more about how Criteo uses data when you use our Services and to learn how to disable Criteo services on internet browsers and mobile applications, visit https://www.criteo.com/privacy/.
● Facebook for data analytics and tailored advertising on our Services. To learn more about how Facebook uses data when you use our Services, visit https://www.facebook.com/policy.php.
● Google Analytics to collect information about how you use our Services. We may use this information to improve our Services and create reports regarding the number of visitors to our Site and where visitors come from. To learn more about how Google uses data when you use our Services, visit https://policies.google.com/technologies/partner-sites. To opt-out from these cookies across all websites, visit https://tools.google.com/dlpage/gaoptout.
● Omnisend for data analytics and remarketing regarding our Services. To learn more about how Omnisend uses data when you use our Services, visit https://www.omnisend.com/privacy/.
● Pinterest for data analytics and tailored advertising on our Services. To learn more about how Pinterest uses data when you use our Services, visit https://policy.pinterest.com/en/privacy-policy.
Many web browsers allow you to manage cookies in the browser settings. Please note that if you opt out from the use of certain cookies, your experience using our Services may be negatively affected and features may not work as intended, depending on the cookie.