1. INTRODUCTION AND GENERAL TERMS
David Zwirner Limited, a company registered under company number 07773367, forms part of an international commercial gallery, operating in New York, London, Paris, and Hong Kong (“David Zwirner”, “we”, “us” or “our” in this policy), and represents artists worldwide (“ Services”).
United States: +1 212 727 2070
United Kingdom: +44 203 538 3165
Hong Kong: +852 2119 5900
Email: [email protected]
David Zwirner is committed to protecting and respecting your privacy. This policy explains the basis on which personal information we collect from you will be processed by us. Where we decide the purpose or means for which Personal Data you supply through these Services is processed, we are the “data controller” for the General Data Protection Regulation 2016/679.
This policy explains the following:
• What information David Zwirner may collect about you;
• How David Zwirner will use information we collect about you;
• Whether David Zwirner will disclose your details to anyone else; and
• Your choices and rights regarding the personal information you have provided to us.
Our Services may require the use of third parties. These third party websites may have their own privacy policies and we recommend you to review them. We do not accept any responsibility or liability for the privacy practices of such third parties and your use of them is at your own risk.
2. WHAT INFORMATION WILL DAVID ZWIRNER COLLECT ABOUT ME?
We collect and process the following information which may include your Personal Data.
Information provided by you when using our Services
You may give us information about you by filling in forms when using our Services, signing up to our newsletter or contacting us with enquiries. Such information can include:
- Identity and contact data: including your name, username, address, telephone number and e-mail address; and
- Profile Data: including artwork information, artworks owned, requested, offered, reserved, purchased, consigned and details of artwork invoices.
- Files shared: including files, photos, documents shared with the gallery.
(“ Personal Data”)
In order for you to use all the functions of our Services we may collect payment information from you including your credit card number and bank account details.
Information about you collected from Third Parties
We may collect Personal Data about you from third party service providers. This includes information about your credit history from credit agencies, or information to check your identity and prevent fraud or other illegal activities.
3. DATA SHARING
In addition, we may disclose your information to the extent that we are required to do so by law (which may include to government bodies and law enforcement agencies); in connection with any legal proceedings or prospective legal proceedings; and in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention).
4. HOW WE WILL USE INFORMATION WE COLLECT ABOUT YOU AND WHO WILL WE SHARE IT WITH
Providing the Services to you as a prospective or existing client
We may legally use and retain your Personal Data where we need to perform the contract we are about to enter into or have entered into with you, such as:
• For registering you as a new client;
• Processing purchases including any shipping details for delivery of the artwork; and
• Keeping track of contractual agreements;
We may also legally use and retain the Personal Data you provide to us when requesting our Services, to pursue our legitimate interest of providing our Services to you, such as:
• Keeping track of artworks offered to you in order to understand your preferences and purchase history and allow us to offer relevant artwork to you when it comes in;
• Responding to your enquiries; and
• Providing you with information and updates about the Services we offer;
We may analyse certain types of information that you submit to us for the legitimate interest of improving the Services we offer to you and to provide you with a bespoke, tailored service and art advisory and consultancy service, based on your preferences, recommendations, interests and previous purchases and location.
We may share your Personal Data with our selected third party providers and suppliers for the performance of delivering our Service under the contract between you and David Zwirner, including processing payments and delivering artwork to you in accordance with your instructions. Our third party suppliers will have their own processing terms.
We may use a third party payment Services provider to process payment for our Services, Stripe (a PCI Service Provider Level 1 certified platform), who will store, collect and process your payment details over SSL (Secure Sockets Layer). When using Stripe, our servers will not have access to your sensitive payment details.
Providing the Services and acting for you as an artist or prospective artist
We may legally use and retain Personal Information that we collect about you for the legitimate interest of providing a bespoke artist consultancy and representation service to you, such as:
• Promoting and selling your artwork to relevant clients based on their preferences and previous purchases;
• Retaining a personal profile of you and your artwork to provide clients with background information, and market your artwork accordingly;
• Responding to your enquiries; and
• Providing you with information and updates about our Services and upcoming exhibitions.
Compliance and prevention of Fraud and Illegal Activity
We may process Personal Data for the legitimate interests of ensuring that use of our Services is lawful and non-fraudulent, does not disrupt the operation of our Services, does not harass our staff or other individuals, and to enforce our legal rights and comply with our legal obligations, including compliance with anti-money laundering regulations (if and where applicable).
We process Personal Data for the legitimate interest of complying with HMRC requirements by retaining records of customer purchases and transactions.
Where we reasonably believe that you are or may be in breach of any of the applicable laws, we may use your personal information to inform relevant third parties such as your email/internet provider or law enforcement agencies about the content.
We use various forms of marketing to provide you with promotional materials about our Services.
We may process your contact information that you provide to us (either via our website or through use of our Services) for the purposes of marketing in accordance with our legitimate interests to send you information about gallery exhibitions and events. We may use third party email providers, such as Mail Chimp, to process these marketing emails.
We may also disclose your name and contact information to our affiliates mentioned above who provide the same type of products and services, to enable them to market their products and services to you.
If you would like to be removed from this mailing list, please contact us at [email protected] or click on unsubscribe at the bottom of each marketing email.
To understand how our Services are used
We process cookies to understand how visitors use our website and to compile reports on website activity.
This processing is necessary for us to pursue our legitimate interest in improving our website, and providing a more relevant service to our customers. This information is not used to develop a personal profile of you.
5. YOUR RIGHTS IN RELATION TO PERSONAL DATA WHICH WE PROCESS RELATING TO YOU
You have the following rights over the way we process Personal Data relating to you. We aim to comply without undue delay, and within one month at the latest.
Ask for a copy of data we are processing about you and have inaccuracies corrected
You have the right to request a copy of the personal information we hold about you and to have any inaccuracies corrected.
We will use reasonable efforts to the extent required by law to supply, correct or delete personal information held about you on our files (and with any third parties to whom it has been disclosed).
Object to us processing data about you
You can ask us to restrict, stop processing, or to delete your Personal Data by contacting us at [email protected] if:
• David Zwirner no longer needs to process that Personal Data for the reason it was collected;
• David Zwirner is processing that Personal Data because it is in the public interest or it is in order to pursue a legitimate interest of David Zwirner, you don’t agree with that processing, and there is no overriding legitimate interest for us to continue processing it;
• the Personal Data was unlawfully processed;
• you need the Personal Data to be deleted in order to comply with a legal obligations;
• the Personal Data is processed in relation to the offer of a service to a child.
If you inform us that you would no longer like us to store or process your Personal Data then we may not be able to offer you a fully tailored, bespoke service.
Obtain a machine readable copy of your Personal Data, which you can use with another service provider
• If we are processing data in order to perform our obligations to you, if that processing is carried out by automated means, we will help you to move, copy or transfer your Personal Data to other IT systems.
• If you request, David Zwirner will supply you with the relevant Personal Data in CSV format. Where it is technically feasible, you can ask us to send this information directly to another IT system provider if you prefer.
Make a complaint to a Supervisory Authority
• If you are unhappy with the way David Zwirner is processing your Personal Data, please let us know.
• If you do not agree with the way we have processed your data or responded to your concerns, an alternative is to submit a complaint to a Data Protection Supervisory Authority.
6. DATA RETENTION
We do not knowingly solicit data from or market to children under the age of 18. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at [email protected]. We will delete such information from our files within a reasonable time.
We will take all reasonable technical and organisational precautions to prevent the loss misuse or alteration of your personal information.
Please be aware that, although we endeavour to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
We will notfiy you of any changes to this policy by email, notice on the website or account message.
10. INTERNATIONAL DATA TRANSFERS
Where we transfer your data outside of the EEA in respect of the transfer to the above affiliates, we have agreements in place with those parties which include standard data protection clauses adopted by a data protection regulator and approved by the European Commission to ensure that appropriate safeguards are in place to protect your Personal Data. If you would like to find out more about these safeguards, please let us know by writing to [email protected].
11. INFORMATION FOR CALIFORNIA RESIDENTS SUBJECT TO THE CALIFORNIA CONSUMER PRIVACY ACT
The CCPA provides California residents with certain rights regarding their Personal Information.
The Personal Information We Collect
· 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
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 David Zwirner has collected about them; (2) obtain a copy of their personal information that David Zwirner has collected; and (3) ask David Zwirner to delete their personal information. This section explains how to exercise those rights.
Requests For Access To Information Collected About You By David Zwirner
If you would like to make a request that David Zwirner disclose to you information about our collection or use of your Personal Information, you can call us at +1 (212) 727-2070, or email us at [email protected] Please note, David Zwirner 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 David Zwirner representative may contact you to request additional information to verify your identity.
Disclosure of Information
Once your identity is verified, David Zwirner will disclose to you the Personal Information you have requested, including:
· The categories of Personal Information about you David Zwirner has collected;
· The specific pieces of Personal Information about you David Zwirner has collected;
· The categories of sources from which David Zwirner collected your Personal Information;
· David Zwirner’s business or commercial purpose(s) for collecting your Personal Information;
· The categories of third parties with whom David Zwirner 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 David Zwirner to delete the Personal Information we have collected from you. There are certain exceptions and David Zwirner reserves the right to deny your request if retaining the information is necessary for David Zwirner 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 David Zwirner;
· 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 Affiliates, the Program Affiliates, and our 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 David Zwirner 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
David Zwirner 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.
Updated May 2020