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Privacy Policy

Effective Date: 30 May 2020

This document sets out our policies for managing personal information across our business operations. 

1. About this Privacy Policy

  1. Artmarketspace Pty Ltd ACN 152 956 280 (Artmarketspace) operates an online platform allowing registered users (Members) and certain third parties who offer works of art to communicate and transact directly with each other.

  2. Artmarketspace operates the website www.artmarketspace.com (Website) and associated mobile applications and related systems (together Online Services).

  3. This Privacy Policy only applies to the extent Artmarketspace collects, uses, holds, and discloses your personal information. In this Privacy Policy, a reference to "personal information" includes, where the context permits, "sensitive information".

  4. References in this Privacy Policy to "Artmarketspace", "we", "us" and "our", are references to Artmarketspace Pty Ltd ACN 152 956 280.

2. Consent

By providing your personal information to us, you consent to our collection, holding, use, and disclosure of your personal information in accordance with this Privacy Policy and any other arrangements that may apply between us.

3. Changes to this Privacy Policy

Artmarketspace may revise this Privacy Policy from time to time either by posting the revised Privacy Policy on the Website or by other written notification to you. Any changes to this Privacy Policy take effect upon the earlier of either the revised Privacy Policy being posted on the Website or notification to you.

4. Information collected and held

In the process of conducting its operations and its business, including the provision of Online Services, Artmarketspace will likely collect and hold a range of personal information. The type of information we may collect and hold include:

  1. your name;

  2. your email address;

  3. your mobile phone number;

  4. your telephone number;

  5. your address;

  6. the art work you are intending to sell or purchase including Unique Video Experiences (UVE) and images thereof;

  7. the price of the art work as advertised and as sold;

  8. details of the services we provide to you or that you have enquired about, including any additional information necessary to deliver those services and respond to your enquiries;

  9. any additional information that you provide to us directly or indirectly through your use of the Online Services or through other websites or accounts from which you permit us to collect your personal information;

  10. information you provide to us through customer surveys; and

  11. any other information that may be required in order to facilitate your dealings with us.

Any personal information we hold may be stored on both electronic files and hard copy files in accordance with this Privacy Policy and other internal policies.

5. Method of collecting information

Artmarketspace may collect personal information either directly from you or from third parties. We may also collect personal information when you:

  1. register for an account on the Online Services;

  2. provide personal information when using the Online Services;

  3. communicate with us through correspondence, email, or when you share information with us over the telephone or in person; or

  4. share information from social media platforms, services, and other permission-based marketing sites.

6. Information used and disclosed

6.1
Artmarketspace will collect, hold, use, and disclose your personal information for the following purposes:

  1. answering your queries, fulfilling your request for, or processing your applications for registration to, use or access the Online Services;

  2. providing you with the Online Services;

  3. maintaining and updating registration details for you and users of the Online Services;

  4. providing information on services and benefits available to you and users of the Online Services;

  5. providing information to organisations with whom Artmarketspace has integration arrangements to enable the automatic pre-population of information and details on its forms;

  6. facilitating you and other Members (including any users authorised by you or the registered user) to use and input information (including personal information) into the made available form or in the Online Services;

  7. fulfilling or processing an order for a service offered by the Online Services;

  8. if a payment is made via the Online Services for any service, receiving and processing that payment including exchanging personal information with the relevant payment provider;

  9. providing services and customer support, including software and service updates;

  10. comparing information for accuracy, and verifying it with third parties;

  11. improving our offers, Online Services or services, including by examining and keeping track of patterns of use through our interactions with you;

  12. optimising Online Services and our users' experience such as to perform analytics, conduct research, and for advertising and marketing purposes;

  13. in the event there is a change of contractor providing services to or on behalf of Artmarketspace, transferring your personal information to the new contractor;

  14. resolving any disputes that we may have with you or any user of the Online Services, and enforcing our agreements with third parties;

  15. providing information as authorised or required by law or a relevant government body or authority;

  16. using and disclosing de-identified personal information to third parties including for the purposes of carrying out statistical analysis and research, to analyse and improve Artmarketspace's services and benefits to users and other members, and for the benefit of Artmarketspace's commercial gain. Artmarketspace may, in connection with these matters, supply the de-identified personal information to relevant third parties; and

  17. undertaking any activity or function related to, or in connection with, any of the uses, purposes, or activities described in paragraphs 6.1(a) to 6.1(p) above.
6.2
Artmarketspace may also use and disclose your personal information:

  1. to market the Online Services and our other services;

  2. for research purposes;

  3. to analyse and improve benefits and services; and

  4. to inform you and other users of services and benefits provided by Artmarketspace, its related entities, or preferred suppliers which Artmarketspace considers may be of value or interest to you unless you tell Artmarketspace or have previously told Artmarketspace not to.

6.3
If you do not wish to receive any information about Artmarketspace services or benefits then please opt-out of receiving that information by contacting info@artmarketspace.com or use the relevant "unsubscribe" facility.

7. To whom personal information is disclosed

7.1
Artmarketspace may disclose personal information for the purposes described in this Privacy Policy to:

  1. Artmarketspace's employees, officers, directors, agents, contractors, and related bodies corporate;

  2. third party suppliers or service providers such as:

    1. contractors who assist us in providing services to you;

    2. mailing and distribution providers which organise delivery of products;

    3. providers of maintenance and repair services;

    4. market research providers;

    5. marketing providers who conduct specialised activities such as mail-outs and the dispatch of messages on social media platforms;

  3. our professional advisers (including our accountants, legal advisers and auditors);

  4. our insurers;

  5. payment systems operators (e.g. banks or merchants receiving card payments);

  6. anyone to whom our assets or businesses (or any part of them) are transferred;

  7. specific third parties authorised by you to receive information held by us; or

  8. other persons, including government agencies, courts, regulatory bodies, and law enforcement agencies, or as required, authorised, or permitted by law.

7.2
Artmarketspace will generally not disclose your personal information to anyone except as described in this Privacy Policy unless you consent to a particular disclosure or if the identifying information can be removed.

8. Cookies

8.1
A cookie is small text file stored on your browser's software when you access the Online Services.

8.2
Artmarketspace servers may generate cookies which collect and store information about your use of the Online Services. This information is used to do the following:

  1. log certain information including the type of browser and operating system you are using, the top level domain name (for example ".com", ".net", and ".au"), the address of the referring site (for example, the previous site visited), the server's IP address, the date and time of visit, and the address of the pages accessed and the documents downloaded; and

  2. keep track of the pages you have accessed while using the Online Services as well as any information you input into any form or agreement template.

8.3
This information is generally only used for internal statistical analysis and system administration purposes. It is also used to improve your, or other users', experience of the Online Services, tailor placement of online content, or improve the overall quality of our services.

8.4
The cookie allows you to page backwards and forwards through the Website and return to pages you have already visited. The cookie also allows data to be inputted into a form or template and temporarily stored until you choose to save that form or agreement template.

8.5
Cookies generally remain on your computer even after an internet session is ended and the computer rebooted. The cookie can be read by the server that placed it there during a subsequent visit to that same server. The exact behavior is server specific.

8.6
The Online Services may use third party analytical and advertising tools and websites (Third-Party Tools).

8.7
The Third-Party Tools may use cookies to help analyse how you use and interact with the Online Services. The Third-Party Tools may be used to manage marketing activities of Artmarketspace, including the creation, publishing, monitoring, and organization of advertisements. The Third-Party Tools may also anonymously track how you interact with the Online Services, including where you came from, what you did on the Online Services, and whether you completed any transactions on the Online Services.

8.8
The information generated by the cookies about your use of the Online Services (including your IP address) may be transmitted to and stored by the Third-Party Tools on servers outside of Australia. This information may also be:

  1. used for the purpose of compiling reports on the Online Services activity, and providing other services relating to the Online Services, and internet usage; and

  2. transferred to third parties where required to do so by law, or where such third parties process the information on behalf of the Third-Party Tool.

8.9
You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of the Online Services. By using the Online Services, you consent to the processing of data about you by Artmarketspace and the Third-Party Tools in the manner and for the purposes set out in this Privacy Policy.

9. Information Security.

  1. Artmarketspace takes reasonable steps to protect all personal information which it holds from misuse, loss, and unauthorised access, modification, interference, or disclosure.

  2. Where appropriate, Artmarketspace uses secure transmission facilities. However, you are advised that there are inherent risks in transmitting information across the internet, including the risk that information sent to or from a website or Online Service may be intercepted, corrupted, or modified by third parties. As you know, no transmission of information over the internet can be guaranteed to be completely secure. As a result, we do not warrant the security of any information transmitted to us over the internet.

10. Disclosure of personal information outside of Australia

When you provide your personal information to us, you consent to the disclosure of your personal information outside of Australia and acknowledge that, in doing so, we will not be accountable under the Privacy Act 1988 (Cth) (Act) for the treatment of that personal information by the overseas recipients.  However, we will take reasonable steps that are reasonable in the circumstances aimed at ensuring that any overseas recipient will deal with such personal information in a way that is substantially similar to, or consistent with, the way in which the relevant Australian Privacy Principles in the Act protects such personal information.

11. Links to other websites

The Online Services may contain links to other websites.  We recommend that you review the privacy policies of those websites so that you can understand their privacy practices.  Artmarketspace is not responsible for the privacy practices of, or the content on, those websites.  This Privacy Policy does not extend to those websites.

12. Accessing your Personal Information

  1. You may request access to any personal information held by Artmarketspace which relates to you. If Artmarketspace holds the personal information of any other individual, that individual has the same right to request access to personal information that Artmarketspace may hold, unless Artmarketspace is permitted by law (including the Act) to withhold that information. Artmarketspace may charge a reasonable fee where access to personal information is provided (no fee will be charged for making an application to access personal information).

  2. Any requests for access to your personal information should be made in writing to the Privacy and Information Officer (contact details in paragraph 16 below). You have the right to request the correction of any personal information which relates to you that is inaccurate, incomplete, irrelevant, misleading or out-of-date.

13. How long will we hold your information for?

We will hold your personal information while you have an Artmarketspace account and for the time following closure of your account until statutory time bars begin to apply.

14. Your rights

  • You have the right to view your personal information and update it if you think it may be incorrect.

  • You have the right to restrict or object to processing of data, in certain circumstances.

  • You have the right to transmit your personal information, in certain circumstances (data portability).

  • You have the right to access the personal information we hold about you and information about our processing of your information.

  • If you have a complaint about the way in which we handle your personal information you have the right to lodge a complaint with the competent data protection supervisory agency i.e. the Office of the Australian Information Commissioner.

15. Complaints

If you wish to make a complaint about the way we have handled your personal information, or that we may have breached this Privacy Policy please contact the Privacy and Information Officer (contact details in paragraph 16 below). Please include your name, email address, and telephone number. Please also clearly describe your complaint. We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time. If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about further steps you can take.

16. Contact details

The Privacy and Information Officer
info@artmarketspace.com
409 Malvern Road,
South Yarra, 3141
VIC, Australia