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Privacy notice

Our Privacy Policy

We need to process your personal information to run our business and provide our users with the Services. By accepting our Terms of Use, you are confirming that you have read and understand this policy; including how and why we use your information. If you don’t want us to collect or process your personal information in the ways described in this policy, you shouldn’t use the Services. We are not responsible for the content or the privacy policies or practices of any of our members, third-party websites, or third-party apps.

Information Collected or Received

In the course of providing our Services, we collect or receive your personal information in a few different ways. Often, you choose what information to provide, but sometimes we require certain information for you to use and for us to provide you the Services.

Registration, Account Setup, Service Usage: In order to use the Services, you need to provide us with a valid email address, and for Services that require registration, a name associated with your account that you can choose to represent your identity on Artsty. You may review or change that name through your account settings. You need to provide this information to enable us to provide you with the Services. Depending on which services you choose to use, additional information, such as a shop name, billing and payment information (including billing contact name, address, telephone number, and credit card information), a telephone number, and/or a physical postal address, may be necessary in order for us to provide a particular service. You are not required to provide us with this information to sign up, but we will need it to provide certain services.

For example, we need a physical postal address if you are buying something on the Site for delivery. Artsty may require information such as your full name, social security number, identification ID or tax ID, date of birth, bank account information, photograph, credit card information, and/or other proof of identification in order to verify your identity, provide this service to you, and comply with applicable law. In addition, as a user of Artsty’s services Artsty may require this information from you in order to provide you with services (including, for example, verifying ownership of an account, to mitigate fraud and abuse on the platform, or to complete a transaction as a buyer or seller). We may need to store credit card information (or arrange for it to be stored) and use it for both billing and payment purposes. Depending on your local jurisdiction, you can also choose to allow us to save your credit card information to facilitate the checkout process for future purchases.

If you're an Artsty buyer you may be asked to authenticate your payment when you place your order. To authenticate a payment, you will need to respond to a prompt from your card issuer and provide additional information. Depending on your card issuer, this additional information may include a correct response to a question, a password, or a passcode. Artsty may contact individual shop owners confidentially to request more information about their shops or items listed through the Services, or to ensure compliance with our rules and applicable law. In order to use certain products or services on Artsty, you may be required to complete an application; information that you submit through the application process will not be displayed publicly and will only be used internally by Artsty, unless otherwise specified.

Profile: You may provide your name and other personal information (such as birthday, gender, location) in connection with your account and activity. You can edit or remove this information through your account settings.

Other people may see the ratings, reviews and related photos for items you purchased or sold; items you listed for sale;

Automated Information: Artsty automatically receives and records information from your browser or your mobile device when you visit the Site or use the Apps or use certain other Services, such as your IP address or unique device identifier, cookies, and data about which pages you visit and how you interact with those pages in order to allow us to operate and provide the Services. This information is stored in log files and is collected automatically. Artsty may also receive similar information (like, for example, IP addresses and actions taken on the device) provided by a connected Internet of Things device such as a voice-activated assistant or Smart TV. We may combine this information from your browser or your mobile device with other information that we or our partners collect about you, including across devices. This information is used to prevent fraud and to keep the Services secure, to analyze and understand how the Services work for members and visitors, and to provide advertising, including across your devices, and a more personalized experience for members and visitors.

We may also automatically collect device-specific information when you install, access, or use our Services. This information may include information such as the hardware model, operating system information, app version, app usage and debugging information, browser information, IP address, and device identifiers.

Location Information: We may collect information about your use of the Services for advertising, for analytics, to serve content and to protect the Services. This may include your IP address, browser information (including referrers), device information (such as iOS IDFA, IDFV for limited non-advertising purposes, Android AAID, and, when enabled by you, location information provided by your device). When you use the Apps, you may choose to share your geolocation details with Artsty in order to use functions like our local marketplace, maps, and for in-person sales (although you don't need to share these details).

We may obtain location information you provide in your profile or your IP address. With your consent, we may also determine location by using other information from your device, such as precise location information from GPS or information about wireless networks or cell towers near your mobile device. We may use and store information about your location to provide features and to improve and customize the Services, for example, for Artsty’s internal analytics and performance monitoring; localization, regional requirements, and policies for the Services; for local content, search results, and recommendations; for delivery and mapping services; and (using non-precise location information) marketing. If you have consented to share your precise device location details but would no longer like to continue sharing that information with us, you may revoke your consent to the sharing of that information through the settings on the Apps or on your mobile device. Certain non-precise location services, such as for security and localised policies based on your IP address or submitted address, is critical for the site to function. We will only share your geolocation details with third parties (like our mapping, payments, or, to the extent applicable, advertising providers) in order to provide you with the Services. You may also choose to enable the Apps to access your mobile device’s camera to upload photographs to Artsty.

Analytics Information: We use data analytics to ensure site functionality and improve the Services. In addition to web analytics, we use mobile analytics software to allow us to understand the functionality of the Apps on your phone. This software may record information such as how often you use the Apps, what happens within the Apps, aggregated usage, performance data, app errors and debugging information, and where the Apps were downloaded from. We do not link the information we store within the analytics software to any personally identifiable information that you submit within the mobile application.

Information from Third Parties: Some members or visitors may choose to connect to Artsty or register an Artsty account using an external third-party application, such as Facebook. Artsty may receive information from those connected third-party applications. Connecting your Artsty account to third-party applications or services is optional. If you choose to connect your account to a third-party application, Artsty may receive information from that application. We may also collect public information in order to connect with you. We may use that information as part of providing the Services to you. You can also choose to share some of your activity on Artsty on certain social media networks which are connected to your Artsty account, and you can revoke your permission anytime in your account settings.

Non-Member Information: Artsty may receive or obtain information (for example, an email address or IP address) about a person who is not yet a registered Artsty member (a “non-member”) in connection with certain Artsty features, such as when a non-member chooses to subscribe to an Artsty newsletter, a member invites a non-member to visit the Site, a non-member engages in a transaction, a member sends a gift card code to a non-member, or a non-member uses the Guest Checkout feature when making a purchase through one of the Services. Non-member information is used only for the purposes disclosed when it was submitted to Artsty, for purposes necessary to the functioning of Artsty's services or where Artsty has a legitimate interest, or to facilitate action authorized by a member or the non-member.

Choice & Control

We know that members of our community value having control over their own information, so Artsty gives you the choice of providing, editing or removing certain information, as well as choices about how we contact you. You may change or correct your Artsty account information through your account settings. You may also remove certain optional information that you no longer wish to be publicly visible through the Services, such as your name. You can also request the deletion of the personal information in your account.

Depending on your location, you may also have certain additional rights with respect to your information, such as:

  • data access and portability
  • data correction (including the ability to update your personal data, in many cases via settings);
  • data deletion (including the right to have Artsty delete your personal information, except information we are required to retain by law, regulation, or to protect the safety, security, and integrity of Artsty, by contacting us); and/or,
  • Withdrawal of consent or objection to processing (including, in limited circumstances, the right to ask Artsty to stop processing your personal data, with some exceptions, by contacting us).

We use non-technically necessary cookies and similar technologies. You may also control the receipt of certain types of communications from Artsty in your account settings. Artsty may send you messages about the Services or your activity. Some of these messages are required, service-related messages for members (such as transactional messages or legal notices). Other messages are not required, such as newsletters. You can control which optional messages you choose to receive by changing your account settings, and you can learn more in the “Messages from Artsty” section of this policy.

We partner with third parties to manage our advertising on other sites. Our third-party partners may use cookies or similar technologies in order to provide you with advertising based upon your browsing activities and interests. If you have chosen to connect your account to an external third-party application, such as Facebook, or an app, you can change your settings and remove permission for the app by changing your account settings.

If you no longer wish to use the Services or receive service-related messages (except for legally required notices), then you may close your account.

Many changes that you make to your account settings are updated immediately, but some may take a few days to take effect, particularly those that impact email or marketing preferences. Some major requests, such as changes to billing information or account data deletion, may require verification of identity before they can be processed.

Messages from Artsty

On occasion, Artsty may need to contact you. Primarily, these messages are delivered by email, Artsty Messages, or by push notifications for a variety of reasons, including marketing, transactions, and service update purposes. If you no longer wish to receive push notifications, you can disable them at device level. You can opt out of receiving marketing communications via email or Messages in your account settings or by following the unsubscribe link in any marketing email you receive. To ensure you properly receive notifications, we will need to collect certain information about your device, such as operating system and user identification information. Every account is required to keep a valid email address on file to receive messages. Artsty may also contact you by telephone to provide member support or for transaction-related purposes if you request that we call you. Additionally, and with your consent, Artsty may send you an SMS (or similar) message in order to provide you with customer support or to provide you with information about products and features that you may find of interest. You may update your contact preferences in your account settings.

Some messages from Artsty are service-related and necessary for members and Guest Checkout users. You agree that Artsty can send you non-marketing emails, Artsty Messages, or messages, such as those related to transactions, your account, security, or product changes. Examples of service-related messages include an email address confirmation/welcome email when you register your account, notification of an order, service availability, modification of key features or functions, relaying Messages with buyers, and correspondence with Artsty’s Support team.

When you register for an account, subscribe to a newsletter, or provide us with your email address or phone number such as for a Guest Checkout purchase, you receive notice of and agree (in some jurisdictions and situations, by an additional unambiguous consent) to receive marketing emails and messages from us. You can unsubscribe at any time from marketing emails or messages through the opt-out link included in marketing emails or messages. Members may also control which marketing emails or messages they receive from Artsty through their account settings. Please note that some changes to your account settings may take a few days to take effect.

If someone in your contact list is not already a member, you may invite them to join Artsty, and an email will be sent to them on your behalf. Recipients of email invitations may opt out of receiving future invitations by following instructions in the email invitation message.

Information Uses, Sharing, & Disclosure

We respect your privacy. Artsty will not disclose your name, email address or other personal information to third parties without your consent, except as specified in this policy.

You may control your privacy settings through the opt-out buttons in your account settings privacy tab. Please note that some changes to your privacy settings may take a few days to take effect. We or our sellers may advertise our Services or our sellers’ products through a variety of different mediums and rely on your consent to do so off-site.

When you access or use the Services, we collect, use, share, and otherwise process your personal information as described in this policy. We rely on a number of legal bases to use your information in these ways. These legal bases include where:

  • Necessary to perform the contractual obligations in our Terms of Use and in order to provide the Services to you;
  • You have consented to the processing, which you can revoke at any time;
  • Necessary to comply with a legal obligation, a court order, or to exercise or defend any impending or asserted legal claims;
  • Necessary for the purposes of our or a third party’s legitimate interests, such as those of visitors, members, or partners;
  • You have expressly made the information public;
  • Necessary in the public interest; and
  • Occasionally necessary to protect your vital interests or those of others.

Note that we principally rely on consent

  • To send marketing messages,
  • For third-party data sharing related to advertising, and, to the extent applicable,
  • For the use of location data for advertising purposes.

We rely on consent for targeted online and offline marketing including through tools like Facebook Custom Audience and Google Customer Match. We or our sellers may advertise our Services or our sellers’ products through a variety of different mediums and rely on your consent to do so off-site.

Where we process your information on the basis of legitimate interests, we do so as follows:

Providing and Improving our Services: We may use your information to improve and customize our Services, including sharing of your information for such purposes, and we do so as it is necessary to pursue our legitimate interests of improving our Services for our users. This is also necessary to enable us to pursue our legitimate interests in understanding how our Services are being used, and to explore and unlock ways to develop and grow our business. It is also necessary to allow us to pursue our legitimate interests in improving our Services, efficiency, interest in Services for users, and obtaining insights into usage patterns of our Services. As a core part of our Services, we have a legitimate interest in customizing your on-site experience to help you search for and discover relevant items and recommended purchases, including using this information to help sellers find the best ways to market and sell their products on Artsty.

Keeping our Services Safe and Secure: We may also use your information for safety and security purposes, including sharing of your information for such purposes, and we do so because it is necessary to pursue our legitimate interests in ensuring the security of our Services. This includes enhancing protection of our community against spam, harassment, intellectual property infringement, crime, and security risks of all kind.

We use your information to provide and improve the Services and our products, for billing and payments, for identification and authentication, and for general research and aggregate reporting.

Buying and Selling: As part of the buying and selling process, Artsty will facilitate the sharing of information between the two members involved in the transaction, such as the other Artsty member's delivery address and payment status. This may also involve us sharing your information with some of our third party partners such as our delivery and payment partners to enable us to provide the service to you. Such partners will process your personal information in accordance with their own privacy policies. These partners, not Artsty, are responsible for the protection of personal information under their control. By making a sale or a purchase on Artsty, you are directing us to share your information in this way. Since this is an important part of the Services we provide, we need to do this in order to perform our obligations under our Terms of Use. We expect you to respect the privacy of the member whose information you have received. As described in Artsty's Terms of Use, you have a limited license to use that information only for Artsty-related communications or for Artsty-facilitated transactions. Artsty has not granted a license to you to use the information for unauthorized transactions or sending unsolicited commercial messages in violation of any applicable laws, including any consent requirements of the jurisdiction of the recipient. You may only add a member to your email or physical mailing list or otherwise use or store a member’s personal information in accordance with applicable laws, including any consent requirements that apply in that member's jurisdiction. We may learn the sorts of products that you’re interested in from your browsing and purchasing behaviour on (and off) the Site or Apps and suggest potential purchases as a result. As a core part of our Services, we have a legitimate interest in customizing your on-site experience to help you search for and discover relevant items and recommended purchases, including using this information to help sellers find the best ways to market and sell their products on Artsty.

Legal and Safety: Artsty may also retain, preserve, or release your personal information to a third party in the following limited circumstances: in response to lawful requests by public authorities, including to meet legitimate national security or law enforcement requirements; to protect, establish, or exercise our legal rights or defend against impending or asserted legal claims, including to collect a debt, or a material violation of our policies (including our Intellectual Property Policy); to comply with a subpoena, court order, legal process, or other legal requirement; or when we believe in good faith that such disclosure is reasonably necessary to comply with the law, prevent imminent physical harm or financial loss, or investigate, prevent, or take action regarding illegal activities, suspected fraud, threats to our rights or property, or violations of Artsty's Terms of Use. In these cases, our use of your information may be necessary for the purposes of our or a third party’s legitimate interest in keeping our Services secure, preventing harm or crime, enforcing or defending legal rights, or preventing damage. Such use may also be necessary to comply with a legal obligation, a court order, or to exercise or defend legal claims. It may also be necessary in the public interest (such as to prevent crime) or to protect vital interests (in rare cases where we may need to share information to prevent loss of life or personal injury).

If Artsty receives a lawful, verified request for a member’s records or information in one of the limited circumstances described in the previous paragraph, Artsty may disclose personal information, which may include, but may not be limited to, a member’s name, address, phone number, email address, and company name.

Affiliated Businesses: Artsty is affiliated with a variety of businesses and works closely with them for a variety of purposes, including assisting us to perform and improve the Services. These businesses may sell items or services to you through the Services or, with your consent, offer promotions (including email promotions) to you. Artsty may also provide services or sell products jointly with affiliated businesses, including providing information to such partners to allow them to more effectively market to you. When an affiliated business assists in facilitating your transaction, we may need to share information related to the transaction with that affiliated business in order to facilitate your transaction, and this forms part of the Services we provide in accordance with our Terms of Use. We rely on consent (which can be withdrawn at any time) to send marketing messages and for third-party sharing relating to advertising. As part of this, we may work with advertising partners such as Facebook or Google and we may use analytics aggregated from usage information including, for example, search keywords, favorites, browsing history and purchase history. In addition to consent as noted above, we also rely on our legitimate interest to send you marketing messages and for Artsty's advertising programs.

Aggregated Information: Artsty may share demographic information with business partners, but it will be aggregated and de-personalized so that personal information is not revealed.

Service Providers: Artsty also needs to engage third-party companies and individuals (such as research companies, and analytics and security providers) to help us operate, provide, and market the Services. These third parties have only limited access to your information, may use your information only to perform these tasks on our behalf, and are obligated to Artsty not to disclose or use your information for other purposes. Our engagement of service providers is often necessary for us to provide the Services to you, particularly where such companies play important roles like helping us keep our Service operating and secure. In some other cases, these service providers aren’t strictly necessary for us to provide the Services, but help us make it better, like by helping us conduct research into how we could better serve our users. In these latter cases, we have a legitimate interest in working with service providers to make our Services better.

Business Reorganizations: In some cases, Artsty may choose to buy or sell assets. Such transactions may be necessary and in our legitimate interests, particularly our interest in making decisions that enables our business to develop over the long term. In these types of transactions (such as a sale, merger, liquidation, receivership, or transfer of all or substantially all of Artsty’s assets), member information is typically one of the business assets that is transferred. If Artsty intends to transfer information about you, Artsty will notify you by email or by putting a prominent notice on the Site and the App, and you will be afforded an opportunity to opt out before information about you becomes subject to a different privacy policy.

Third Parties: Third-party plug-ins also may collect information about your use of the Site. For example, when you load a page on Artsty that has a social plug-in from a third-party site or service, such as a “Like” or “Send” button, you are also loading content from that third-party site. That site may request cookies directly from your browser. These interactions are subject to the privacy policy of the third-party site. In addition, certain cookies and other similar technologies on the Site are used by third parties for targeted online marketing and other purposes. These technologies allow a partner to recognize your computer or mobile device each time you use the Services. Please be aware that when you use third-party sites or services, their own terms and privacy policies will govern your use of those sites or services. Artsty chooses and manages these third-party technologies placed on its Sites and Apps. However, these are third-party technologies, and they are subject to that third party's privacy policy. We rely on your consent to drop and read these cookies when not technically necessary or when not required based on another purpose such as legitimate interest.

This policy does not apply to the practices of third parties (such as other members who sell using the Services, certain third-party providers on whom we rely to provide certain services, that Artsty does not own or control or individuals that Artsty does not employ or manage, except as otherwise provided for in the Terms or as required by law. If you provide your information to such third parties in connection with your use of the Services, different practices may apply to the use or disclosure of the information that you provide to them. While Artsty requires these third parties to follow Artsty’s privacy and security requirements, Artsty does not control the privacy or security policies of such third parties. To the full extent applicable in your jurisdiction, Artsty is not responsible for the privacy or security practices of these sellers, or other websites on the internet, even those linked to or from the Services. We encourage you to read the privacy policies and ask questions of third parties before you disclose your personal information to them.

Security

The security of your personal information is important to us. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and after it is received. Your account information is protected by a password. It is important that you protect against unauthorized access to your account and information by choosing your password carefully and by keeping your password and computer secure, such as by signing out after using the Services. If you have any questions about the security of your personal information, you can contact us at help@artsty.com.

Artsty encrypts certain information (such as credit card numbers) using TLS (transport layer security). Artsty follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and after it is received. Unfortunately, no method of transmission over the internet or method of electronic storage is 100% secure. Therefore, while we strive to protect your personal information, we can't guarantee its absolute security.

Retention

Artsty will retain your information only for as long as is necessary for the purposes set out in this policy, for as long as your account is active (i.e., for the lifetime of your Artsty member account), as described in this policy, or as needed to provide the Services to you. If you no longer want Artsty to use your information to provide the Services to you, you may close your account. Artsty will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your information to comply with applicable tax/revenue laws), resolve disputes, enforce our agreements, and as otherwise described in this policy. In addition, Artsty sellers may also be required to retain and use your information in order to comply with their own legal obligations. Please note that closing your account may not free up your email address, username, or shop name (if any) for reuse on a new account. We also retain log files for internal analysis purposes. These log files are generally retained for a brief period of time, except in cases where they are used for site safety and security, to improve site functionality, or we are legally obligated to retain them for longer time periods.

Your Rights

You may benefit from a number of rights in relation to your information that we process. Some rights apply only in certain limited cases, depending on your location. If you would like to manage, change, limit, or delete your personal information, you can do so via your Artsty account settings or by contacting us. Upon request, Artsty will provide you with information about whether we hold any of your personal information.  By visiting your account settings, you can access, correct, change, and delete certain personal information associated with your account. In certain cases where we process your information, you may also have a right to restrict or limit the ways in which we use your personal information. In certain circumstances, you also have the right to request the deletion of your personal information. Please ensure you've read the options you have under the "Choice & Control" section above. If you need further assistance, you can contact Artsty through one of the channels listed below under “Contact”. We will respond to your request within a reasonable timeframe.

If we process your information based on our legitimate interests as explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. Where we use your personal data for direct marketing purposes, you can always object using the unsubscribe link in such communications or changing your account settings. Please note that some changes to your account settings may take a few days to take effect.

Your Responsibilities

If you sell using our Services, you may receive and determine what to do with certain personal information. Your privacy responsibilities, including when you act as an independent data controller (someone who decides what personal data to collect and the purpose you use the data for) are laid out in the Artsty Seller Policy.

Withdrawing Consent

You can choose to withdraw your consent to our processing of your information and your use of the Services at any time by permanently closing and deleting your account through the Privacy tab of your account settings, or by using specific features provided to enable you to withdraw consent, like an email unsubscribe link or your account privacy preferences. If your account does not have any open issues such as unpaid bills, unfulfilled orders, unresolved cases, or policy violations, you will receive an email with instructions to confirm your deletion request. This process may take up to approximately two weeks after which your account will be deleted to the extent permitted. Depending on which of our Services you've used (such as whether you've made purchases or sales on Artsty), we may be required to retain certain information for legal, regulatory, tax, security, or compliance reasons for a limited period of time, after which it will be deleted. This deletion is permanent, and your account can't be reinstated.

Privacy Policy Changes

We may amend or update this policy from time to time. If we believe that the changes are material, we’ll let you know by doing one (or more) of the following:

  • Posting the changes on or through the Services,
  • Sending you an email or message about the changes, or
  • Posting an update in the version notes on the Apps’ platform. We encourage you to check back regularly and review any updates.

Contact

If you have any questions:

Contact Artsty’s Support team +919330723331

Send an email to Artsty's at help@artsty.com

Write to us at the following address:

276/3, S K Nagar Jayashree Textile (20 Building)

Provash nagar -712249

Rishra, Hoogly, West Bengal, India