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Privacy Policy:

This version of the Privacy Policy is valid starting January 30th, 2021.

Arto Galleria (“ us ”, “ our ” or “ Arto ”) respects your privacy and thus is committed to protect your personal information. This policy states our best practices in terms of confidentiality, explaining how we use and responsibly handle your private information when you visit our website or other sites we host, all included in the term “website”. This includes all the information you could be asked to provide when subscribing to our Newsletter, making purchases or sales of artworks or services, or when participating to a contest (“ Services ”).

It also informs you of your right to privacy and the way the law can protect you.

It is important for you to read this Privacy Policy on a regular basis, as well as all other sections pertaining to your right to privacy on our website, to ensure that you understand how and why we use your data.

This document does not apply to third-party practices (including other members who make sales using the Services) who could also collect or receive data related to your usage of the Services.

BY ACCESSING THE SERVICES, BY USING THE SERVICES, WHEN SELLING AN ARTWORK, WHEN BUYING AN ARTWORK VIA ARTO GALLERIA SERVICES, WHEN POSTING ANY CONTENT ON THE SITE, YOU ACKNOWLEDGE HAVING READ, UNDERSTOOD AND ACCEPTED TO BE BOUND BY THE TERMS & CONDITIONS OF USE ("TERMS OF USE"), WHETHER OR NOT YOU SUBSCRIBED TO THE SERVICES. IF YOU DO NOT ACCEPT THESE TERMS AND THE PRIVACY POLICY, YOUR ONLY RECOURSE IS TO STOP USING THE SERVICES. WE ARE NOT RESPONSIBLE FOR THE CONTENT, REGULATIONS OR PRIVACY BEST PRACTICES OF OUR MEMBERS, THE THIRD-PARTY SITES HOSTED BY ARTO GALLERIA OR ANY OTHER THIRD-PARTY SITES OR SERVICES.

1. ACCESS TO DATA

Arto Galleria is the bearer of data responsible for this Platform and its processing of your personal information. If you have any questions about this Privacy Policy, including any request to exercise your legal rights, please contact us directly via the “ Contact ” page at the bottom of our website’s homepage.

1.1. Modifications to the Privacy Policy

We may need to update this Policy at any moment and without notice. In this eventuality, we will notify you directly on the website and/or by email.

It is important that all of the personal information we have about you be exact and up to date. In the event that any of this data would change, please notify us as soon as possible.

1.2. Third-Party Links

This website can contain links to third-party sites, plug-ins and applications. Clicking on these links or activating those connexions can allow third-parties to acquire or share information about you. We have no control over these sites and thus are not responsible for their Privacy Policies. When you leave our Platform, we strongly suggest that you read the Privacy Policy of each third-party site you visit.

2. PERSONAL INFORMATION

Personal data, or personal information, refer to any information about a person which can be used to identify this person. They do not include the hidden data (or identity), or what is considered anonymous information.

We can collect, use, stock and transfer different types of personal information about you. This data can be collected or received directly (registration form) or indirectly from you through your use of the website and interaction with our Services, via the devise or the browser used to access the Services, from our service providers (e.g., third-party provider for payment app), or from our marketing partners (e.g., Google Analytics). Here is how this information is categorized.

Your Arto Galleria Account:

Identification data includes your name and surname, pseudonym/ artist name (artist only), designation of choice, date of birth and gender.

Member user’s data includes all the information provided when registering to the site.

Seller’s data includes all the information provided when applying as a seller on our site, as well as all data concerning artworks put up for sale on Arto Galleria’s Platform.

Your Activities on Our Site:

Profile data includes your username and password, the purchases, or sales you made, your interests, all the artists or artworks you “ Follow ” or “ Like ”, your preferences, a link to your Facebook or Google account if you used those to register, the comments and answers to surveys you participate in, and the notifications that concern you.

Messaging data includes the messages sent between you and sellers, buyers and/or Arto Galleria and/or a third-party provider (e.g., customer services provider), including any usage of our “ Make an Offer ” and “ Customized Artworks ” features.

Usage data includes information on the way you use our website, artworks, or services.

Your Transactional Operations:

Contact information includes the billing address, delivery address, email address and phone numbers.

Financial data includes details concerning the card used for payments and your bank account (if you are a seller). We do not process or register card data ourselves, as this is done by our payment services providers under contract. We encrypt payment card data via your browser and securely transfer the information to our payment services provider when processing any payment.

Transactions data includes details from transactions provided by you or destined to you and all other details on the artworks and services you have purchased from us via our sellers/artists.

Other data:

Technical data includes your IP address (Internet Protocol), your connexion data, the type and version of your browser, the settings and location of time zones, the types and versions of browser plug-ins, the operating system and other technologies on the devices you use to access the Platform.

Marketing and communications data includes your marketing preferences sent to us and to our third-party partners and your communications preferences.

Aggregated data includes, among others, statistical and demographics data. The aggregated data we can use or share can be derived from your personal data, but is not considered as lawful personal information, since it doesn’t directly or indirectly pertain to your identity, but rather to a group of individuals (e.g., the percentage of men buyers on the Platform). However, if we combine or link aggregated data with your personal data in a manner in which it can directly or indirectly identify you, we do treat the combined data as personal information that will be used in accordance with the present Privacy Policy.

We usually do not collect any special category personal data about you (this includes such details as yoour ethnic origins, creed or philosophical leanings, sexual lifestyle, sexual orientation, political views, union affiliation, information about your health, genetic or biometric information). Nor do we collect information relative to legal convictions and criminal records. If you choose to use one of these types of personal data when using one of the website’s features (including the messaging system), in your biography, your artist profile, or while selling artworks on Arto Galleria, we cannot be expected to know about it. We will treat all the personal information in your user or artist profile, or on each of your artworks’ pages as regular personal information.

If, by virtue of your rights (see section 10: YOUR RIGHTS AND YOUR CHOICES), you refuse to provide us with personal information that is useful for us in order to offer an adequate service, it could make it impossible for us to execute or finalize this contract. We could even, in this case, cancel any contract. If such is the case, we will give you prior notice.

3. IDENTIFIABILITY

By creating an account on Arto Galleria, you acknowledge that your account can be identified on other websites. Therefore, if you post or sell an artwork on the Platform, it is possible for a user to find you via Arto Galleria while browsing the Internet by searching your name, email address, phone number or social media contacts.

4. PERSONAL DATA COLLECTION

We use different methods to gather your personal information, including the following.

Direct Interactions:

You provide us with your identification data, your contact information, transactional information, profile information, financial information and your marketing and communications information using our website, by filling out forms or interacting with us by mail, phone, email or otherwise. This includes personal data you provide us when…

Purchasing an artwork or a service (including gift cards) on our website;
Creating an account on our website;
Subscribing to the Arto Galleria Newsletter;
Using our website features like “Favorites” and “Follow”, or communicating with our artists;
Applying to become a seller;
Creating or updating your Arto Galleria profile;
Participating to a contest, a promotion or a survey; or
Sending us comments or posting a review on an artwork you purchased.

Automated Technologies or Interactions:

When you interact on our website, we automatically collect usage data and technical data from your devices or your browsing activities and habits. We gather this personal information using cookies, server journals and other similar technologies. Consult our Cookies Policy for further details.

5. SHARING OF YOUR PERSONAL INFORMATION

We also collect and share the following data.

Buyers (customers or clients) – when you order an artwork, we share your information with the seller in question to allow him or her to process and deliver your order.

Cloud data storage providers – we use Cloud Computing platforms that securely store all our data, including client information.

Messaging service providers – in order to send you marketing material and transactional emails, we share your coordinates with messaging service providers.

Social media platforms – we can make your name and email address available to some businesses for marketing purposes and in concordance with our objective to commercialize our services to you through other Internet platforms (e.g., Facebook). See the “Marketing and Promotions” section of this Privacy Policy, below.

Analytics tools – we use analytics tools to gain a better understanding of the way users interact on our website (e.g., Google Analytics).

Profiling tools – we use profiling tools to better understand how you interact with our website and to be able to present you with the content we believe will be the most pertinent to you, based on our comprehension of your interests and preferences.

Payment providers – in order to facilitate payments made on our site, we share your financial information, via secured methods, with our payment services providers.

Delivery providers – to allow for proper delivery of your orders, we must share your information with couriers.

Marketing and ideas providers – marketing and information tools allow us to better understand our clients, so we can provide the best possible website and products, as well as a quality customer service experience. We can share some information about our clients to facilitate this process.

Customer service platforms – when you interact with our customer service team, your coordinates are shared with our customer service platform providers.

Feedback forms – when you make a purchase, we might decide to hire a third-party agency to send out feedback request forms in our name.

Essential services providers – at times, other businesses could provide us with some of your information that we could legitimately use to conduct business with you and, sometimes, these are required to execute our contract with you. This generally includes financial or transactional data. This also happens when we communicate with third party payment providers. They confirm to us that you have paid for your artworks and, if not and/or when necessary, they will provide us with your contact and transactional information. We could also hire third-party companies to provide us with technical or delivery services in relation to your account.

Professional counsel and investors – we can also share your data with professional counsellors like our lawyers and insurance companies for risk management and legal purposes, and/or as it relates to our obligations to our investor organizations. It is done in our legitimate interest.

Group – it is possible that our business could eventually be sold to third-party interests, that we proceed with a restructuring of our business model or that we file for bankruptcy. In any case, our client data base is one of the most important parts of the business and thus we would need to share it with the buyers and their counsel. We could also grow our company and, in doing so, need to share your data within our group to help improve our products and services and because some of our internal support services could be divided among the group. It is done with the legitimate goal of maximizing the profitability and growth of our business. If this were to happen, we would post a link to everyone of the group’s businesses and their locations in the section provided for this purpose in the present document describing our Privacy Policy.

Law enforcement / Judicial compliance – we will cooperate with all parties concerned to help enforce intellectual property rights or any other rights. We will also cooperate with law enforcement requests, whether inside or outside of your country of residence. This can include the dissemination of your personal information to governments or law enforcement authorities, or to private interest parties, when we believe in good faith that said dissemination is necessary to protect our legal rights, or those of third-parties and/or to conform to a legal proceeding, a court order, a reduction of fraud or a legal process brought to our attention. In such cases, we can raise, or waive, any objection or right to which we have access. These uses of your data are in our legitimate interest and with an objective of ensuring our commercial security. We can also use and share your information with recipients named in the present Privacy Policy to comply with our legal obligations.

6. USAGE OF YOUR PERSONAL INFORMATION

6.1. Basis for Using Your Personal Information

Legal basis:

When you access or use the Services, we collect, use, share and process your personal information for purposes described in this regulation. We will only use your personal data when the law allows it. Most often, we will use your personal data on the following legal basis.

When it is necessary to execute the contract, as an intermediary, between a seller and a buyer;

When you have expressly made this information public;

When it is necessary in our, or a third-party’s, legitimate interests and that your interests and fundamental rights do not take precedence over these interests;

When it is necessary to comply to a legal or regulatory obligation, a court order or to exercise or defend current or future judicial proceedings;
or
When it is necessary to prevent any crime, fraud or other possible physical violation.

As a general rule, we do not rely on consent when processing your personal information on a legal basis, other than for some direct marketing reports, like the sending of marketing messages or the sharing of marketing based third-party data.

Legitimate interests:

Above, we listed all the ways we can collect your personal data and the legal basis justifying each of them. Now, here are some legitimate interests that could also justify the gathering of your personal information.

Services, marketing and communication

Ensuring that we maintain the quality level of our customer service;
Provide and improve the products and services offered on our Platform;
Promote our Platform and artists;
Inform our users about Arto Galleria’s Policy changes and all regulations or legal documents;
Develop our content, activity and marketing;
Keep Arto Galleria’s Platform well updated and pertinent.

Security, finance and others

Secure the Platform and prevent fraud or any other violation of Arto Galleria’s Terms of Use;
Process transactions performed on the Platform;
Recover debts owed to us;
Avoid any type of fraud on payments;
In case of a restructuring of our business (in the eventuality that our company is partially or fully sold to a third-party, or simply restructured);
Manage the every-day activity of the Platform.

Arto Galleria’s decision-making process is never automated. We can sometimes profile our customers for marketing purposes. If we do, it is only to ensure that our marketing efforts are relevant for the person(s) to which they are destined. We do not perform any online behavioral profiling.

6.2. Communication

It is possible that Arto Galleria may need to reach you by email, regular mail, internal messaging, or by way of instant notifications. This could happen for many different reasons related to the services and products offered by Arto Galleria like, for example, to initiate, finalize or modify any contract agreed upon on the Platform, or for marketing reasons, in a mobilisation effort, or simply to notify you of updates made to our services.

To ensure that important notifications reach you without mistake or delay, we must therefore collect data from the device used, like information concerning the operating system employed by the device and data allowing for the identification of the user (e.g., email address).

Marketing interests

You could receive marketing related communications if you: subscribe to the Newsletter, make a purchase on Arto Galleria’s Platform, participate in a contest or promotion, share content from our website on social media or request information. We could also, on occasion, send you marketing material by mail in an effort to increase sales. In each case, the marketing related communications will be sent to you without your prior direct consent. It will be possible for you to opt out of these marketing options after you receive them. For more information on how to unsubscribe, see the “Unsubscribing” section.

General interests

Arto Galleria could send messages about its services and products it judges are important and necessary for its users. You acknowledge and accept that Arto Galleria can send you emails or internal messages for reasons unrelated to marketing, such as, among others, transactions, your account, security, or the modification of services.

6.3. Marketing and Promotions

We try, as much as possible, to respect your personal data usage preferences, particularly as it pertains to marketing and advertising.

We can use your identification data, contact data, technical data and profile usage data to paint a portrait of your preferences and validate the relevance of our marketing efforts. We only use to this end the information you directly provide us and the aggregated data provided to us by our analytics partners. We keep no record or trace of your visits to other websites after you have visited ours, but we can record the origin of your access to our Platform.

6.4. Advertising on Third-Party Sites

By giving your consent, you accept that Arto Galleria and artists can advertise the services and artworks outside the Platform, in many different ways. We can work with advertising partners such as Facebook and Google. These partners have their own Privacy and Consent Policies for their clients and users. You can consult their Privacy Policies by visiting their website.

Our website uses cookies for marketing purposes. The cookies help us target, via partner sites, our ads aimed at visitors who could potentially be interested in our artworks. When you are targeted by Arto Galleria ads, it does not necessarily mean that we have used your personal information. Moreover, ads may not specifically be targeting you since we use third-party service providers to reach our target audience.

We can also share data (e.g., your email address) with partner platforms to allow us to better target your browsing behavior preferences, and thus increase the relevance of our marketing campaigns by creating a target clientele base. We do this in our legitimate direct marketing interests, to ensure you are receiving material that is relevant to you.

For further details on how to unsubscribe, see section “Unsubscribing”.

6.5. Change of Objectives

The use of your personal information is reserved for the ends for which we collected it, except if we have reason to believe that it is necessary for us to use it for a change in Arto Galleria’s objectives and that this reason is compatible with the initial objective.

In the eventuality that it is necessary for us to use your personal data for reasons not related to the initial objective, we will inform you of such and explain the legal basis we are relying on for doing it.

Note that we can process your personal information without your knowledge or consent, in accordance with the regulations above, when it is lawfully required or permitted.

7. INTERNATIONAL TRANSFERS

Arto Galleria is a Web artworks sales platform available throughout the world. Therefore, by using our services and in accordance with everything written in the present document, it is possible, for administrative and/or legal reasons, that we could share your personal data (see section 5: SHARING OF YOUR PERSONAL INFORMATION).

Laws differ from one country to another and when your data is sent from your country of residence to another country, the laws that protect your personal information in the country to which they are transferred can differ from those of the one in which you reside. We do ensure that a similar level of protection is maintained during the personal data transfer in accordance with data protection laws.

Arto Galleria provides a fully optional service. You can therefore choose to use, or not to use, the Services.

8. DATA SECURITY

Personal data security is a priority concern for Arto Galleria. We have taken all reasonable measures to ensure your security and avoid any possibility of your personal data being accidentally lost, used, viewed, modified or disclosed, in any way, without authorization. Moreover, we limit access to your personal data to employees, agents, subcontractors and other third-parties who need this information. They will only process your data in accordance with our instructions and the law. They will also be bound by confidentiality obligations.

You acknowledge that any interaction on the Internet or any digital storage method cannot be totally secure. Consequently, we cannot guarantee the safety of the personal information you send us, even if we strive to protect their confidentiality. We waive any responsibility for damages you, or anybody else, could sustain from a loss of confidentiality of this information.

If you have any questions concerning your personal data security, you can contact us at: info@artogalleria.com.

9. PERSONAL DATA STORAGE

We only store your personal data for the time necessary to meet the objectives specified in the present Policy, as long as your account is active, or to adequately provide the Services. Arto Galleria will also store and use your personal data when needed to meet all legal, accounting or disclosure requirements.

To determine the appropriate storage period for personal data, we will consider the quantity, nature, sensitivity, potential future risk of prejudice resulting from their use or from the non-authorised disclosure of your personal information, the ends for which we process them and all applicable legal requirements.

In certain cases, we can render your data anonymous for statistical or research purposes, so they cannot be tied to you. In theses cases, we can use this information indefinitely and without additional prior notice.

You have the right to ask us to stop using, or to delete, your personal data under certain circumstances (see section 10: YOUR RIGHTS AND YOUR CHOICES). If you want Arto Galleria to definitely stop using your personal information to offer you the Services, you can close your account.

10. YOUR RIGHTS AND YOUR CHOICES

10.1. Your Rights

In certain circumstances, you have rights relative to your personal data by virtue of Canadian laws on the access to and protection of information. If you choose to exercise any of the rights mentioned below, please contact us and mention the nature of your request. We could need to confirm your identity by asking you for specific information that will allow you to exercise your rights.

Right to access: You can, at any moment, request access to your personal information. This allows you to receive a copy of the personal data we have on you and validate that they are exact and complete, while also verifying that we are processing it legally.

Right to correction: You have the right to request a rectification of the personal information we have about you. This allows you to correct inexact or incomplete data, although it could be deemed necessary for us to verify any information you have just provided.

Right to deletion: You can request the deletion of your personal data for the following reasons: when there is no valid reason for us to process this information, while exercising your right to oppose to the processing (see below), when we could have processed your data illegally or when we are required by law to erase your personal information. We are not obligated to honor this right if we are unable to for certain precise legal reasons or to protect the security or integrity of Arto Galleria.

Right to oppose to the processing: When we process your personal information for legitimate interests (or those of a third-party), you have the right to oppose this processing if you consider that it impacts your fundamental rights and liberties. We are not obligated to honor this right if we are unable to for certain precise legal reasons or to protect the security or integrity of Arto Galleria. Moreover, when we use your personal data for direct marketing purposes, you can always oppose to it by using the “Unsubscribe” link at the bottom of those messages, or by contacting us directly.

Right to restrict processing: You have the right to restrict or limit the use of your personal information in certain cases, without having to resort to their definitive deletion.

Right to retract consent: We rely on your consent to process your personal data, but you can retract this consent at any moment. However, this will not affect the legality of any processing done before this retraction and neither will it affect your right to definitively close your account and delete your personal information. If you retract your consent, it could become impossible for us to provide certain products or services. We will let you know if that is the case when you retract your consent.

10.2. Cookies

Arto Galleria’s Platform uses cookies that contribute to its effective operation, allowing it to analyze the interactions and browsing preferences of its users and help improve its services and performance. You can, however, configure your browser to reject all or part of Arto’s or other partner sites’ cookies. You can also configure your browser to notify you when websites access cookies. If you deactivate or refuse cookies, please note that some parts of the website could become inaccessible or not function correctly. For more information on the cookies we use, please consult our Cookies Policy.

10.3. Unsubscribing

You can send us your request to stop receiving marketing messages from us at any time, by virtue of your rights (see section 10: YOUR RIGHTS AND YOUR CHOICES). Just follow your email provider’s procedure to remove us from the email marketing list. You can also contact us directly.

If you unsubscribe from our email marketing service, your email address will no longer be shared with social media platforms. To unsubscribe from the email marketing services of these other platforms, see their instructions on each of their respective websites.

Note that when you choose not to receive anymore email marketing messages (and therefore to not share your email address), this does not apply to the personal information provided to us following a purchase of an artwork or service on your part, or any other data used in non-marketing interests.

Note that your request for unsubscribing could take a few days to materialise.

11. GENERAL

11.1. Response Time

We try to respond to every legitimate request in a timely fashion. If it takes more than a month to respond to your request, in cases where the request is more complex, we will let you know by email.

11.2. Complaint

You have the right to file a complaint at any time with the Information Commissioner of Canada (ICC), Canada’s surveillance authority on the protection of information (Home | The Office of the Information Commissioner of Canada(oic-ci.gc.ca); in Canada, please read: Information Commissioner's guidance (oic-ci.gc.ca) for more details on the how to proceed.

We would, however, appreciate the opportunity to address your concerns before you initiate complaint procedures with the ICC: Arto Galleria | Contact.

11.3. Arto Galleria Coordinates

Arto Galleria (9424-2476 Québec Inc.) is a Canadian incorporated company whose headquarters is located at: 3835 Curé-Labelle Blvd, Laval, QC, Canada, H7P 0A5.

If you have any questions, concerns or complaints, you can send an email to Arto Galleria at info@artogalleria.com, use the “ Contact ” page of the Platform or write to Arto Galleria’s postal address: 3835 Curé-Labelle Blvd, Laval, QC, Canada, H7P 0A5.

Note: For your convenience, we have provided an English version of the original document. This translation is for informational purposes only, and the definitive and original version of this document is the French version.
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