PRIVACY POLICY
Van Doren Waxter (the “Gallery,” “we,” “us,” “our”) is committed to protecting your privacy. This Privacy Policy, describes the information we collect through our dealings with you and through the website, www.vandorenwaxter.com (the “Site”), how we use it, and how you can make choices about our use of that information.
This Privacy Policy may be amended from time to time by posting the amended terms on the Site. All amended terms will automatically take effect immediately on posting so please check back regularly to inform yourself of any changes. If you do not accept the changes made to this Privacy Notice you should immediately stop using the Site.
Please note that there are certain aspects of this Privacy Policy which only apply when we are required to comply with some jurisdiction-specific laws, for example the EU General Data Protection Regulation (“GDPR”) or the California Consumer Privacy Act (“CCPA”). Where the GDPR applies, the Gallery is a “data controller” of your personal information.
1. How We Collect Your Information
2. What Personal Information We Collect
3. How We Use Your Information
4. How We Share Your Information
5. Third-Party Websites
6. Communications and Marketing
7. Automated Processing
8. Lawful Bases for Processing Personal Information
9. Your Rights With Respect to Personal Information
10. Social Media Services
11. Record Retention
12. Security
13. Location and Transfer of Information
- Your Choices Regarding Our Use of Your Personal Information
15. Do Not Track (DNT) Requests
16. Children
17. Changes to this Privacy Policy
18. Information for California Residents
19. Contact Us
- How We Collect Your Information
Information You Provide to Us
We may collect information from which you can be identified ("Personal Information"), such as your name, email address, mailing address, and other information, when you voluntarily provide it to us. Below are the most common ways in which you would provide your Personal Information to us:
- When you enquire about an artwork or otherwise use our services;
- When you sign up to receive email newsletters or other information from us;
- When you register for or participate in our programs, activities, initiatives, and events; or
- When you contact us to request information or assistance.
Information Automatically Collected
We may also collect information about you when you interact with the Site.
We do not use information automatically collected by the Site to identify visitors individually except in circumstances where we may deem it necessary in connection with legal process or to protect our rights or the rights of a third party as further described below.
Cookies
We or our third-party service providers may collect information through cookies, web beacons, pixel tags, clear gifs or similar technologies, which are small files placed on your computer or device when you use our Site. You are not required to accept cookies from the Site. Your web browser allows you to disable the cookies function or delete existing cookies. However, if you disable cookies, you may not be able to access certain features on the Site.
You can find more information about cookies at http://www.allaboutcookies.org/.
- What Personal Information We Collect
We process the following Personal Information about you:
- "Contact Information" means Personal Information such as your first and last name, phone number, email address, and postal address as well as details to allow us to send push notifications.
- "Data and Usage Information" means information about how you use our Sites, what content you have interacted with, which website you came from, the number of visits to the Sites and traffic data about how long you visit our Sites for.
- "Identification Data" means data we collect about you to verify your identify such as credit history from credit agencies, passport details, utility bills and photographs of your likeness.
- "Financial Data" means information about your finances such as credit card information and bank account details.
- "Location Data" means information about your location which in the form of anonymized, randomly generated identification from the Sites.
- "Marketing and Communications Information" means information about your actions when you receive and read marketing communications from us.
- "Participation Data" information about your participation in events at our Gallery or information about artworks you have demonstrated an interest in. Where relevant, this might also include details about the outcome of any such participation.
- "Preferences Information" means information about your preferences set for notifications, marketing communications, acceptance of legal terms and information about how you prefer to interact with our Sites.
- "Profile Information" means information about artworks you have purchased, requested or consigned or details about artworks you have demonstrated interest
- "Technical Information" means information about the type of internet browser and operating system you use, your internet protocol (IP) address, your 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 are using.
- How We Use Your Information
The purposes for which we process your Personal Information and the relevant legal bases for that processing are as follows:
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Purpose |
Categories of Personal Data |
Legal Basis for Processing |
Processing Operations |
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To send you information about news, events, or opportunities that we think may be of interest to you
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Our processing of your Personal Information for this purpose is either:
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For this purpose we will collect, record, store and use your Personal Data. |
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To provide you with our services or to allow you to purchase an artwork |
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Our processing of your Personal Information for this purpose is:
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For this purpose, we will collect, record and store your Personal Data. |
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To send you direct marketing communications by email. |
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Our processing of your Personal Information for this purpose shall be;
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For this purpose, we will collect, record, store, use and organize your Personal Data. |
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To improve our marketing services and provide you with more relevant information |
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Our processing of your Personal Information for this purpose is either:
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For this purpose, we will collect, record, organize and use your Personal Data. |
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To respond to inquiries from you and communicate with you
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This processing is necessary for our legitimate interests, which are to handle your inquiries in an adequate and timely manner. |
For this purpose we will collect, record, store and use your Personal Data. |
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To ensure that the content on the Site is presented in the most effective manner for you and your device |
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Our processing of your personal data is on the basis of your consent. |
For this purpose, we will collect and use your Personal Data. |
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To allow you to participate in any features on the Site when you choose to do so |
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Our processing is on the basis of your consent. |
For this purpose, we will collect, record and store your Personal Data. |
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To notify you about substantive changes to our privacy practices
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Our processing is necessary to comply with our legal obligations. |
For this purpose, we will collect, record and store your Personal Data. |
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For our own research to understand our users and how they use the Site. |
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Our processing is on the basis of your consent. |
For this purpose, we will collect, analyze, record, store, organize and use your Personal Data. |
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To detect, investigate, and protect against any activities that may violate our policies or the law and to establish, defend against, or enforce any related claims
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Our processing is necessary to comply with our legal obligations. |
For this purpose, we will collect, record, store, organize, retrieve, disseminate, restrict and use your Personal Data. |
- How We Share Your Information
Except as expressly set out in this Privacy Policy, we do not share, rent or sell your Personal Information to any third parties for their marketing use.
We may share your Personal Information with third party service providers appointed by us including, but not limited to: (a) companies who help operate our Site; (b) companies who are independent contractors or consultants who perform services for the Gallery (c) marketing agencies; (d) advertising partners; (e) IT service providers; and (f) companies who provide auditing, data analysis and administration services (together our "Service Providers"). We will only share your Personal Information with our Service Providers in order to provide our services to:
- Enforce our policies;
- Provide services such as shipping, mailing, and packing;
- Procure insurance policies;
- Provide customer account and technology support;
- Provide digital marketing to you;
- Ensure secure payment processing; and
- Protect human safety, our rights or the rights of others
Any such disclosure or access is at all times in compliance with Data Protection Legislation.
We also reserve the right to disclose and use Personal Information and other information in special circumstances, including to enforce this Privacy Policy, to comply with legal process or law enforcement, to address actual or suspected illegal activity, to protect our property or rights, to protect the rights and safety of anyone, or for other reasons we determine in good faith are necessary, appropriate, or required by law. If we ever merge with, are acquired by, or otherwise consolidate with another entity, Personal Information may be transferred along with our other assets.
If you would like to know more about the third parties we may share your Personal Information with, or how to find out more about how they will use your Personal Data, please contact us using the contact details set out below.
- Third-Party Web Sites
The Site may contain links to third-party web sites (“Third-Party Sites”). Third-Party Sites may collect information about you when you interact with them through links on our Site. If you follow any link to a Third-Party Site, you should review those sites’ privacy policies to find out how they protect your privacy. We are not responsible for Third-Party Sites or their privacy practices.
6. Communications and Marketing
As described above, we may use your Personal Information and other information to provide you with information and updates about certain artworks, our services, events, and activities which we consider may be of interest to you.
In some jurisdictions, such as EU member states or the UK, such communications might be considered direct marketing and there are restrictions on how we can do this. We will only contact you with such direct marketing, we where you have requested the same, where you have consented to the marketing, or where we are otherwise allowed to do so by the applicable data privacy law of the jurisdiction in which you are based.
You can opt out of receiving direct marketing emails from us at any time by clicking the “unsubscribe” link at the bottom of our emails or by contacting us using the contact information set out below.
7. Automated processing
We do not carry out automated decision-making or profiling in relation to your Personal Information,
8. Your Rights with Respect to Personal Information
Persons located in the EU and the UK may have certain rights in relation to their Personal Information under the GDPR or UK GDPR, as appropriate.. If you are in the EU or UK, you have the right to enforce any of the following rights at any time:
- Right to rectification. If you believe our records of your Personal Information are inaccurate or out of date, you have the right to ask for those records to be corrected / updated. You can also ask us to check whether the Personal Information we hold about you is accurate / up to date.
- Right to withdraw consent. Where we rely on your consent to use your Personal Information, you have the right to withdraw that consent at any time. This includes the right to ask us to stop using your Personal Information for direct marketing purposes, or to unsubscribe from our email list at any time. Where you do withdraw your consent, we will stop processing your Personal Data for that purpose immediately, except where we are required by law to continue the processing. We cannot reverse any processing that we may have carried out before you withdrew your consent.
- Right of access. You can write to us to ask for confirmation of what Personal Information we hold on you and to request access to or a copy of that Personal Information. Provided we are satisfied that you are entitled to see the Personal Information requested and, where reasonably required, we have successfully confirmed your identity, we will provide you with your Personal Information subject to any exemptions which may apply.
- Right to object. You have the right to object to processing of your Personal Information where we are processing your Personal Information for a particular purpose..
- Right to erasure. You may request that we erase your Personal Information. We will comply with this request, unless there is a lawful reason for not doing so. In some cases, we might be required to continue use limited Personal Information after you have requested erasure of your Personal Information in order to suppress further communications with you, rather than delete it entirely, so that we can comply with your preferences.
- Right to restrict. You have the right to ask for processing of your Personal Information to be restricted if there is disagreement about its accuracy or legitimate use.
- Right to data portability. you may ask us to provide the Personal Information to you or another service provider or third party, providing such a transfer is technically feasible and is only in a commonly used machine-readable format.
- Rights related to automated decision-making. You have the right to request not to be subject to a decision based solely on automated processing of your Personal Information which produces legal effects on you or similarly significantly affects you and to have safeguards put in place if you are being profiled based on your Personal Information.
- Right to lodge a complaint with your local data protection authority. For individuals based in the EU or UK, you also have the right to lodge a complaint with your local data protection authority about how we use your Personal Information. A list of the data protection authorities in each member state, including their contact details, can be found here:http://ec/europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm. If you are based in the UK, this is the Information Commissioner's Office who you can contact here: https://ico.org.uk/global/contact-us/ . For further information, please contact us using the details below.
Persons in other jurisdictions may also have certain rights in relation to their Personal Information. We will honor your requests to exercise the following rights to the extent possible and as required under the applicable law:
- Social Media Services
We use certain third-party online social media services to provide information about our work and activities (like Instagram and Facebook) (“Social Media Services”). When you follow, like, comment, or otherwise engage with us through these Social Media Services, we see the personal data that the Social Media Service generally makes available about its users (that information, “Social Media Information”). For example, when you comment on our post on a Social Media Service, that Social Media Service will commonly attribute your comment to you in a way that others can see (including us). You can check the privacy policy of any Social Media Service for more information on how it collects, uses, and shares data, including the Social Media Service Information that may be provided to us. We will not attempt to re-identify you from information provided by Social Media Services in aggregated or de-identified form.
- Record Retention
We will keep your Personal Information for as long as we need it, or as otherwise prescribed by law, for the purposes set out in this Privacy Policy.
If you request to receive no further contact from us, we may keep some Personal Information about you on our suppression list in order to comply with your request and avoid sending you unwanted communications in the future.
- Security
We use reasonable efforts to safeguard your Personal Information. We maintain physical, electronic, and administrative safeguards to protect your personal information from unauthorised or inappropriate access, including:
- all traffic on the Site is encrypted with an SSL/TSL Certificate, including transmission of Personal Information to the Site;
- access to the Gallery’s information and computer systems is on a strictly "need to know" basis; and
- all employees of the Gallery are required to use secure passwords.
Of course, no transmission over the Internet can be guaranteed to be 100% secure, so you provide your Personal Information at your own risk.
Personal Information that you submit may be sent to, and stored on, secure servers owned by or operated for us.
- Internal Transfers of Information
Information collected through the Site will be mainly accessed and processed in the United States. In addition, your information may be transferred outside the United States by us or our Service Providers with locations in other countries.
Certain countries have rules relating to the transfer of Personal Information across borders and require us to ensure that Personal Information remains protected according to appropriate standards.If you are an individual based in the EU or UK, please note that some countries outside the European Economic Area ("EEA") or the UK, including the United States, have a lower standard of protection for Personal Information, including lower security requirements and fewer rights for individuals. Please note we will transfer your Personal Information to, and store it at, a destination outside the UK or European Economic Area ("EEA") and it will also be processed by staff operating outside the UK or EEA who work for us or for one of our Service Providers.
When necessary, we will take all reasonable steps to ensure that we and other recipients of your Personal Information implement appropriate safeguards designed to protect your Personal Information and to ensure that your Personal Information is treated securely and in accordance with this Privacy Policy. In the case of transfers by us, we may transfer your information where: (i) the transfer is to a country deemed by the UK Secretary of State or European Commission to provide adequate protection of your information; (ii) where you have consented to the transfer (to the extent permitted by applicable data protection legislation); or (iii) where such transfer is otherwise permissible under Data Protection Legislation.
If you have any questions about the transfer of your Personal Information, please contact us using the details below.
- Your Choices Regarding Our Use of Your Personal Information
Any request for access to or a copy of your Personal Information may be made orally or in writing and we will endeavour to respond within a reasonable period and in any event within one month in compliance with applicable data protection legislation.
If you wish to review, update, correct, or remove the information we have for you, please email info@vandorenwaxter.com.
If you no longer wish to receive communications from us, you can also unsubscribe by clicking on the “unsubscribe” button in any email communication you receive from us.
- Do Not Track (DNT) Requests
Some browsers have incorporated Do Not Track (“DNT”) preferences. As there is not yet an industry-standard DNT protocol on how to interpret DNT signals, we do not honor DNT signals from browsers at this time. However, you may refuse or delete cookies to prevent some tracking activities.
- Children
We do not knowingly collect information from or about children. If you are a parent or guardian and believe your child under 13 may have provided Personal Information through the Site, please email info@vandorenwaxter.com.
- Changes to this Privacy Policy
We reserve the right to modify this Privacy Policy from time to time without notice to you. If we make substantial changes to our Privacy Policy, we will notify you. We may update this Privacy Policy by posting a new version on this webpage.
- Information for California Residents Subject to the California Consumer Privacy Act
The CCPA provides California residents with certain rights regarding their Personal Information.
This section provides the Gallery’s privacy notice for California residents. It supplements the Privacy Policy set forth above.
The Personal Information We Collect
During the preceding 12 months, through the Site and other sources, the Gallery may have collected the categories of information about California residents (including, for example current and former customers) detailed in our Privacy Policy. That collection may have included the following information as set forth in the CCPA:
- Identifiers and certain “Personal Information” as defined in California Civil Code section 1798.80, subsection (e);
- Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other information regarding a consumer’s interaction with the Site;
- Internet or similar network activity; and
- Geolocation data.
Purpose of Collecting Consumer Information – How We Use It
The Gallery uses the information it collects about California residents for the reasons and pursuant to the terms detailed in our Privacy Policy under the headings, “How We Use Your Information” and “How We Share Your Information.” Please read those sections of the Privacy Policy carefully.
How California Residents Can Exercise Their Rights Under the CCPA
California residents have the right to (1) learn about the categories and particular Personal Information the Gallery has collected about them; (2) obtain a copy of their Personal Information that the Gallery has collected; and (3) ask the Gallery to delete their Personal Information. This section explains how to exercise those rights.
Requests For Access To Information Collected About You By the Gallery
If you would like to make a request that the Gallery disclose to you information about our collection or use of your Personal Information, email us at info@vandorenwaxter.com. Please note, the Gallery may need to obtain specific information from you to confirm your identity and to ensure that you have the right to access information and exercise certain rights under the CCPA. As a result, a Gallery representative may contact you to request additional information to verify your identity.
Disclosure of Information
Once your identity is verified, the Gallery will disclose to you the Personal Information you have requested, including:
- The categories of Personal Information about you the Gallery has collected;
- The specific pieces of Personal Information about you the Gallery has collected;
- The categories of sources from which the Gallery collected your Personal Information;
- The Gallery’s business or commercial purpose(s) for collecting your Personal Information;
- The categories of third parties with whom the Gallery shared your Personal Information; and
- If we disclosed Personal Information about you for a business purpose, the categories of information that each category of recipient received.
Deletion of Information
Once your identity is verified, you can request the Gallery to delete the Personal Information we have collected from you. There are certain exceptions and the Gallery reserves the right to deny your request if retaining the information is necessary for the Gallery or our Service Providers to:
- Complete the transaction for which we collected your information, provide a service requested by you, continue the ongoing business relationship with you within the reasonably anticipated context of that relationship, or perform a contract between you and the Gallery;
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for that activity;
- Debug to identify and repair errors that impair existing intended functionality;
- Exercise free speech, ensure the right of another California resident to exercise his or her right of free speech, or exercise another right provided for by law;
- Comply with the California Electronic Communications Privacy Act;
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws;
- Enable solely internal uses that are reasonably aligned with the expectations of you based on your relationship with us;
- Comply with legal obligations;
- Otherwise use your information, internally, in a lawful manner that is compatible with the context in which you provided the information; or
- Provide employment and related benefits.
California Residents’ Right to Opt Out or Opt In
California residents have the right to opt out of having their Personal Information sold to third parties. We do not currently sell your information and we have not done so in the preceding 12 months. As described above, we may share your Personal Information with our contractors and Service Providers.
Appointment of Agent to Assist You
You have the right to appoint an agent to make requests under the CCPA to obtain or delete information about you. Such authorization must be done in writing and the Gallery may deny a request if the agent does not submit sufficient proof that you authorized the agent to act on your behalf.
California Residents’ Right of Non-Discrimination
The Gallery may not discriminate against a California resident because the resident exercised rights under the CCPA, including, but not limited to, by:
- Denying you goods or services;
- Charging you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
- Providing you a different level or quality of goods or services; or
- Suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
- Contact Us
For any questions you may have about this Privacy Policy or our data practices please email info@vandorenwaxter.com.
Updated: January 09, 2024