It also tells you about your privacy rights and how the law protects you.
This website is not intended for children and we do not knowingly collect data relating to children.
- WHO WE ARE AND IMPORTANT INFORMATION
ArtMarketDirect is the data controller responsible for this website and the handling of your personal data.
Our owners details are:
Name: Lloyd Hobbard-Mitchell
Postal address: 1 Genesta Avenue, Whitstable, Kent, CT5 4DQ, United Kingdom
You can also contact us through our Get in Touch page.
We may need to update this Policy at any time and without notice and where we do this we will notify you by including pop up boxes on the website and/or emailing our customers. This Policy was last updated on 10 June 2018.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
- THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
- Identity Data includes first name, last name, username and ID, title, date of birth and gender.
- Contact Data includes billing address, delivery address, email address and telephone number.
- Financial Data includes payment card details and bank account (if you are a Seller). We do not store or process your card details ourselves, they are processed and stored via one of our contracted third party service providers. We encrypt your payment card details in your browser and securely transfer this data to our relevant third party payment provider to process a payment.
- Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us or our Sellers.
- Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
- Profile Data includes your username and password, purchases or orders made by you, your interests, artists / artworks / users you like / follow / dislike, preferences, a link to your Facebook account if you register using Facebook Connect, feedback and survey responses.
- Messaging Data includes messages sent to or received from Sellers and ArtMarketDirect staff, including use of our Make an Offer and Commission an Artist features.
- Usage Data includes information about how you use our website, products and services.
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
- Seller Application Data includes any details provided when applying to become a Seller.
- Seller Profile Data includes any details provided by a Seller about themselves, their artists, and their artworks in order to sell through ArtMarketDirect.
We do not ordinarily collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences. If you use any of these types of personal data when using any of the website’s features (including messaging system), in your public artist or user bio or when selling artworks through ArtMarketDirect, we will not be able to tell. We will treat all the personal data included in your user or artist profile or artwork listings as ordinary personal data.
IF YOU FAIL TO PROVIDE PERSONAL DATA
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
- HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you including through:
- Direct interactions. You may give us your Identity Data, Contact Data, Transaction Data, Profile Data, Financial Data and Marketing and Communications Data by using our website, filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- purchase a product or service (including gift cards) through our website;
- create an account on our website;
- request marketing to be sent to you;
- use features of our website such as favouriting and following, or messaging our Sellers;
- apply to become a Seller;
- create or update your ArtMarketDirect store;
- enter a competition, promotion or survey; or
- give us some feedback.
- THIRD PARTY SOURCES OF DATA AND SHARING DATA
We also collect and share data as described below:
- Sellers (Artists and Galleries) – when you place an order for an artwork, we share your information with the relevant seller(s) on our marketplace (“Seller”) so that they can process and deliver your order.
- Cloud storage providers – we use cloud computing platforms that securely store all of our data, including customer details in Europe and the USA.
- Email service providers – in order to send you marketing content and transactional emails, we share your details with our email service providers.
- Analytics tools – we use analytics tools to track the way that users interact with our website
- Profiling tools – we use profiling tools to understand how you engage with our website and show you content we think will be most relevant to you, based on our understanding of your interests and preferences.
- Payment providers – in order to facilitate any payments made on our site, we facilitate the sharing of your Financial Data with payment providers.
- Delivery providers – in order to package and mail your orders to you, it is necessary to share your information with delivery providers.
- Marketing and insights providers – marketing and insights tools allow us to understand our customers better so that we may provide you with the best possible website, products and customer service experience. We may share certain information about our customers to facilitate this process.
- Customer service platforms – when you interact with our customer service team, your details are shared with our customer service platform providers.
- Feedback forms – when you make a purchase, we engage a third party to send out feedback forms on our behalf.
- Essential Service Providers – Sometimes, other businesses give us data about you which we may need for our legitimate interests of conducting business with you and on occasion they are necessary to perform our contract with you. It usually comprises Financial Data or Transaction Data. This happens when we link through to third party payment providers. They tell us that you have paid for your products and, where relevant and/or necessary they will provide us with your Contact Data and Transaction Data. We also might engage third party contractors to provide us with technical or delivery services that are related to your account with us.
- Professional Advisers and Investors – We may also share your data with professional advisers such as our lawyers and insurers to manage risks and legal claims, and/or as part of our relationship and obligations to our investor organisations. This is in our legitimate interests.
The lawful bases for collecting, using and sharing this data are set out in the table below.
- HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you, either directly or as a commercial agent of our Sellers.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal or regulatory obligation.
Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to certain direct marketing (and you can see where that is the case in the table below). You have the right to withdraw consent to marketing at any time by visiting your ‘My Account’ page.
Vendors are reminded to remove any GPS metadata from images before uploading to the platform. This
PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
|Type of data|
|Lawful basis for processing including basis of legitimate interest|
|To register you as a new customer||(a) Identity|
|Performance of a contract with you|
|To register you as a new vendor||(a) Identity|
(d) Vendor Application
(e) Vendor Profile
|Performance of a contract with you|
|To process and deliver your order including:|
(a) Manage payments, fees and charges
(b) Manage your queries through our Customer Service team – this may include recording calls to our teams
(e) Marketing and Communications
(f) Vendor Profile
|Performance of a contract with you. We may also use some of the data related to your queries for our legitimate interests of ensuring our customer service quality standards are met.|
|To collect and recover money owed to us in respect of your order or a payment of commission due to us if you are a Seller||(a) Identity|
(e) Vendor Profile
|Necessary for our legitimate interests (to recover debts due to us).|
|To carry out fraud assessments||(a) Identity|
(f) Vendor Profile
|Necessary for our legitimate interests of ensuring payments are not fraudulent|
|To process your purchase of a gift card from us||(a) Identity|
|Performance of a contract with you.|
(d) Vendor Profile
|Necessary for our legitimate interests of ensuring our customers are updated on these changes.|
|To help us improve our offering to our customers, including asking you to leave a review or take a survey, or provide customer insights||(a) Identity|
(d) Marketing and Communications
|Necessary for our legitimate interests (to study how customers use our products/services, to improve our offering to our customers, to develop them and grow our business).|
|To enable you to partake in a prize draw, competition or complete a survey||(a) Identity|
(e) Marketing and Communications
|Performance of a contract with you to fulfil the promotion and run the competition/prize draw. We may also subsequently use your entries for the legitimate interests of understanding our customer base more effectively.|
|To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)||(a) Identity|
|(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)|
(b) Necessary to comply with a legal obligation
|To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you||(a) Identity|
(e) Marketing and Communications
|Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy). Please note that where cookies are used for this purpose, this is covered separately by our Cookies Policy.|
|To deliver direct marketing to you||(a) Identity|
(e) Marketing and Communications
(g) Vendor Profile
|Generally, necessary for our legitimate interests (to promote our business or our artists).|
Where you have been asked to opt in, or the law requires consent for electronic direct marketing, our lawful basis is consent
|To use data analytics to improve our website, products/services, marketing, customer relationships and experiences||(a) Technical|
|Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy). Please note that where cookies are used for this purpose, this is covered separately by our Cookies Policy.|
|To make suggestions and recommendations to you about goods or services that may be of interest to you||(a) Identity|
(f) Vendor Profile
|Necessary for our legitimate interests (to develop our products/services and grow our business)|
We do not conduct any automated decision making. We may on occasion profile our customers for the purposes of targeting marketing at them and where this is done, this is undertaken for our legitimate interests of ensuring our marketing is relevant to its audience. For example, we may classify an appropriate audience for a promotion by what products on our website they have previously looked at or expressed an interest in. We do not conduct any online behavioural tracking.
MARKETING AND PROMOTIONS
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. Please see your preferences page on the website for more information and to save your choices.
We will only ever send marketing in accordance with your preferences that we have recorded for you.
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you. We only use the data you provide to us directly for this purpose along with the Aggregated Data provided to us by our analytics partners and we do not track what other websites you may visit after visiting our site, though in common with most websites, we may register the site which referred you to our site (e.g. a search engine).
You will receive marketing communications from us if you have requested information from us or purchased goods or services from us or Sellers we represent or if you provided us with your details when you entered a competition, registered for an account or promotion and, in each case, you have not opted out of receiving that marketing.
We will always offer a way to opt out of receiving marketing communications in every marketing communication sent to you. We may on occasion send out postal marketing for the purpose of growing our sales which is in our legitimate interests and in this case we will rely on you to let us know if you do not want to receive this by opting out of marketing (see Opting out below).
ADVERTISING ON OTHER SITES
There are lots of different places you may see adverts for ArtMarketDirect, and these may not be using your personal data; we buy advertising space in the real world and on websites and social media. If you see ArtMarketDirect’s adverts on websites and in social media, these may not be directed specifically at you and may be there because we have bid for the space or are using the providers services to show our adverts to ‘lookalike’ audiences.
We may also share certain data with third party social media platforms in order to show you targeted ads when you visit them. We may do this by providing these platforms with your email address to create ‘audiences’ of users fitting within a certain demographic/category so that we can target our marketing. Please check the social media platforms’ terms for more details of these services. This is in our legitimate interests of sending you direct marketing. See ‘Opting out’ below for details of how you can adjust your marketing preferences.
Please refer to our Cookies Policy if you want to learn more about how you can adjust your cookies preferences.
We will always seek your express opt-in consent before we share your personal data with any company outside the ArtMarketDirect group of companies for them to market their products or services to you in their own right.
You can ask us to stop sending you marketing messages at any time by logging into your preferences page, by following the opt-out links on any marketing message sent to you or by contacting us at any time.
If you opt out of receiving email marketing from us, we will no longer share your email address with social media platforms (see ‘External Third Parties’ below). However, you may continue to see our ads through them, due to their general demographic targeting. Please check the social media platforms for more detail of how to opt out from seeing these ads.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase from us or one of the Sellers we represent.
CHANGE OF PURPOSE
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please Get in Touch.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
- INTERNATIONAL TRANSFERS
Some of our external third parties are based outside the European Economic Area ( EEA) so their processing of your personal data will involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it in accordance with data protection laws. Some examples of how we might do this are:
- The transfer of your personal data is to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries .
- The transfer uses specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries .
- Where we use providers based in the US, the transfer of your personal data is to a provider with Privacy Shield certification. For further details, see European Commission: EU-US Privacy Shield.
Please Get in touch if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
- DATA SECURITY
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
You acknowledge that the Internet is not a completely secure medium for communication and, accordingly, we cannot guarantee the security of any information you send to us (or we send to you) via the Internet. We are not responsible for any damages which you, or others, may suffer as a result of the loss of confidentiality of such information.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law and they may only use your data for the purposes we specify in our contract with them. We will always work with them to protect your privacy.
- DATA RETENTION
HOW LONG WILL YOU USE MY PERSONAL DATA FOR?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. For example, details of your orders will be kept for as long as we need to retain that data to comply with our legal and regulatory requirements. This is generally 7 years unless the law prescribes a longer period.
In some circumstances you can ask us to delete your data: see Request erasure in Your Legal Rights section below for further information.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
- YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under UK data protection laws in relation to your personal data. You have the right to:
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out below, please Get in Touch, marking your query for the attention of the DPL.
NO FEE USUALLY REQUIRED
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
WHAT WE MAY NEED FROM YOU
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
TIME LIMIT TO RESPOND
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues ( www.ico.org.uk). In the UK, please read: https://ico.org.uk/for-the-public/raising-concerns/ for details of how to do this. We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.