Privacy Policy

Last Updated: 02/15/2019

DEFINITIONS

Within this Privacy Policy, the following definitions shall apply:

  • HNWgallery” or “we” or “us” or “our” shall refer to Auction House Portal, Inc. d.b.a. HNWgallery, whose registered address is located at 1451 W. Cypress Creek Road, Suite 300, Fort Lauderdale, Florida, USA, 33309.
  • Website” shall refer to the website located at https://hnwgallery.com which is owned and operated by HNWgallery.
  • Services” shall refer to the services provided by HNWgallery and the Website, including but not limited to artwork sales, print production, commissioned artwork and artwork shipping.
  • user” or “users” or “you” or “your” shall refer to users of the Website and the Services.
  • Privacy Policy” shall refer to this privacy policy for using the Website and the Services.
  • Personal Data” shall refer to the Payment Information and/or Shipping Information and/or Contact Information and/or Email Information (defined below) that may be required when using the Website and the Services.
  • GDPR” shall refer to the General Data Protection Regulation 2016/679, which is a regulation on data protection and privacy for all individuals within the European Union (“EU”) and the European Economic Area (“EEA”). The GDPR was made on April 14 2016 by the European Parliament and Council of the European Union and it was implemented on May 25 2018.

PRIVATE SALES

Please note that Private Sales of high-value originals from master artists are always handled offline with strict policies and procedures for privacy, confidentiality and discretion. Furthermore, they are always handled via separate legal agreements. Accordingly this Privacy Policy does NOT apply to sales of high-value originals from master artists on the Private Sales page. If you have questions regarding our policies and procedures for Private Sales, please contact Lisa Desai at lisa@hnwgallery.com for more information.

INTRODUCTION

HNWgallery is strongly committed to recognizing and respecting your privacy rights; and to processing and protecting your Personal Data in compliance with applicable law. This Privacy Policy describes what Personal Data may be required and how it will be used, shared or stored. It applies to any Personal Data provided by you or by others; and it describes your rights regarding your Personal Data. Only authorized employees and/or service providers, on a need-to-know basis, will have access to your Personal Data. Furthermore, they will only have access to the information needed to perform the limited functions outlined in this Privacy Policy. The means of collection, lawful basis of processing, use, disclosure, and retention periods for each function may differ. To find out more about our specific processing activities, please refer to the relevant sections of this Privacy Policy.

If you are from the EU and/or the EEA, HNWgallery has implemented a number of organizational and technical measures to ensure we are in compliance with the GDPR. If you wish to use the Website and the Services, then you agree to provide HNWgallery and our service providers with the right to use your Personal Data for the purposes outlined herein, or as otherwise stated at the point of collection. You agree that any Personal Data provided to HNWgallery will be treated in accordance with our Privacy Policy. However, you agree that any Personal Data provided to a service provider will be treated in accordance with their privacy policy. Please also review our Frequently Asked Questions and Terms and Conditions, which also govern your use of the Website and the Services.

THIRD-PARTY PAYMENT SERVICES

If you make a purchase through the Website or the Services, you may be able to pay using a third-party payment service such as Credit Card via Stripe or PayPal. The information collected by these service providers for processing your payment is not available to us, unless you have otherwise provided this information to us in connection with your use of the Services. Information collected from you by these service providers is governed by their privacy policies. Accordingly, you should review the privacy policy for the applicable service provider before submitting any information to them for processing your payment.

WHAT PERSONAL DATA MAY BE REQUIRED

There are four types of Personal Data that may be required when using the Website and the Services:

  • If you purchase a product or service, you will be asked to choose a third-party payment service such as Credit Card via Stripe or PayPal and provide your payment information to them during checkout. This may include your credit card number, expiration date, billing address, phone number, email address, shipping address, or other payment information (the “Payment Information”).
  • If you purchase artwork that needs to be delivered by a shipping company such as FedEx, USPS or Parcelforce, you will be asked to provide your shipping information. This may include your first name, last name, company name (if applicable), phone number, email address and/or shipping address (the “Shipping Information”).
  • If you request a quote, invoice or other information; or if one of our service providers needs to speak with you directly about your order (such as a commissioned artwork from an artist, or a custom-frame from a framing shop), you will be asked to provide your contact information. This may include your first name, last name, company name (if applicable), email address and/or phone number (the “Contact Information”).
  • If you request or consent to be notified when new artists join the Website, or as new artworks become available, or for other important announcements, your email information will be added to our emailing list. This may include your first name, last name, company name (if applicable) and email address (the “Email Information”).

HOW YOUR PERSONAL DATA MAY BE USED OR SHARED

Your Personal Data will be used or shared in the following ways:

  • Your Payment Information will be provided by you to the third-party payment service you select during checkout (i.e. Credit Card via Stripe or PayPal) in order to process your payment.
  • Your Shipping Information will be used by the printing studio, artist, owner and/or shipping company (i.e. FedEx, USPS, Parcelforce) in order to deliver your artwork.
  • Your Contact Information may be provided to an authorized service provider if the service provider needs to speak with you directly about your order (such as a commissioned artwork from an artist, or a custom-frame from a framing shop).
  • Your Email Information will be used in our Mailchimp account (described below) if you wish to be notified when new artists join the Website, or as new artworks become available, or for other important announcements.
  • HNWgallery will NOT sell, rent or license your Personal Data to any other entity.

HOW YOUR PERSONAL DATA MAY BE STORED

There are two types of Personal Data that may be stored on our Website, and it is YOUR decision to store it or remove it:

  • During the checkout process, you can either use guest checkout (for one-time purchases), or you can create an account (for future purchases). If you use guest checkout, then none of your Payment Information will be stored on our Website. If you create an account, then only non-sensitive information such as your name and shipping address will be stored on our Website. However, if you delete this non-sensitive information from your account (or if you ask HNWgallery to delete your account), then it will be will be permanently deleted from our Website. In other words, YOU control whether non-sensitive information is stored in an account on our Website; and YOU control when this non-sensitive information and/or your account is deleted from our Website.
  • We use Mailchimp to notify our users when new artists join our Website, or as new artworks become available, or for other important announcements. If you have requested or consented to receive these emails, then your Email Information will be stored on our emailing list in our Mailchimp account (although this could change in the future, if we switch to a different email service provider). If you no longer wish to receive these emails, simply “unsubscribe” (at the bottom of the email) and Mailchimp will remove your Email Information from our emailing list. In other words, YOU control whether your Email Information is on our emailing list; and YOU control when your Email Information is removed from our emailing list.

HOW YOUR PERSONAL DATA MAY BE LAWFULLY PROCESSED

Your Personal Data may be lawfully processed in the following ways:

  • If you are purchasing products and/or services from us; or if you have requested a quote, invoice or information from us; or if you require delivery of your order; or if an authorized service provider needs to speak with you directly about your order; then we are processing your Payment Information and/or Shipping Information and/or Contact Information because it is necessary for the performance of a “Contract”, as defined by the GDPR.
  • If you have subscribed to our emailing list by submitting your name and email address, then we are processing your Email Information based on “Legitimate Interest”, as defined by the GDPR.
  • If we are contacting you about our products or services because of your involvement in the fine art industry and/or your interest in fine art, then we are processing your Email Information based on “Legitimate Interest”, as defined by the GDPR.

WORLDWIDE TRANSFERS AND PROCESSING

Our Website and our Services are available in different countries. However, different countries have different privacy laws offering different levels of protection for your Personal Data. Our Privacy Policy is intended to reflect these varying privacy laws and we will act in accordance with the applicable privacy laws in all jurisdictions where we operate. By using the Website and the Services, you consent to the processing of your Personal Data as outlined in this Privacy Policy and in accordance with the privacy laws of the applicable jurisdiction. If there is a conflict between this Privacy Policy and the privacy laws of the applicable jurisdiction, the privacy laws of the applicable jurisdiction will govern.

SOCIAL MEDIA AND SHARING

Our Website and our Services may use social networking, “share” buttons, or links to third-party social media sites or applications that are not owned or controlled by us. Your use of these features may result in the collection or sharing of information about you by these social media sites or applications, depending on the feature. We have no control over, and assume no responsibility for any “share” buttons or social media features you may use, or for the content, privacy policies, or practices of third-party sites or applications. We encourage you to review the terms, conditions, privacy policies and settings on these third-party sites or applications, to make sure you understand how your information may be collected, used, and shared by these sites or applications.

OPTING OUT

If you are on our emailing list and you no longer wish to be notified when new artists join the Website, or as new artworks become available, or for other important announcements, simply click on the “unsubscribe” link (at the bottom of the email) and your Email Information will be automatically removed from our emailing list. Alternatively, you can send an email to info@HNWgallery.com with “Stop Email” in the subject line and we’ll take care of it for you.

SECURITY MEASURES

We provide industry-standard physical, electronic, and procedural safeguards to protect the Personal Data we process and maintain. For example, we take reasonable measures to ensure only authorized employees and service providers, on a need-to-know basis, will have access to your Personal Data in order to process your order or provide you with the Services you have requested. Furthermore, these service providers will only have access to the specific Personal Data that is required for performing these limited functions on our behalf. Please be aware that, although we endeavor to provide reasonable security for the Personal Data we process and maintain, no security system can prevent all potential security breaches. As a result, we cannot guarantee or warrant the security of any information you transmit on or through the Internet, the Website, or the Services, and you do so at your own risk.

LEGAL DISCLOSURES

To the extent required or permitted by law, we will disclose your Personal Data to government authorities or third-parties, including law enforcement agencies:

  • If required to do so by law or other legal process.
  • If requested to do so by a subpoena or valid court order.
  • If we believe in our sole discretion it is necessary to protect against fraud.
  • If necessary to protect the property rights or other rights of us or others.

THIRD-PARTY WEBSITES

Our Website and our Services may be supported by or may contain links to third-party websites (including but not limited to service provider websites). You acknowledge and agree that HNWgallery is not responsible or liable for any information you might share with such websites. Accordingly, you should review the privacy policy of each website before disclosing any information to them. You acknowledge sole responsibility for and assume all risk arising from your use of such websites.

COOKIES

A cookie is a simple text file that we use to improve your experience on our Website. The cookie file is generated by our Website and is accepted and processed by the browser on your computer or mobile device. Only our Website will be able to retrieve or read the contents of that cookie. Each cookie will contain anonymous information such as a unique identifier, our Website name and some digits and numbers. It will allow our Website to remember things like your preferences, or what’s in your shopping cart. If you accept the use of cookies on our Website, it will result in us placing cookies in your browser in these three categories:

  • Strictly Necessary: These cookies are essential to enable you to move around our Website and use its features. Many of the functions on our Website will not work properly, or at all, if you do not allow these cookies to be used. We may therefore be unable to provide you with our Services unless you accept the use of these cookies.
  • Performance: These cookies collect information about how visitors use our Website, such as which pages they go to most often. These cookies do not collect information that identifies a visitor. The information collected by these cookies is aggregated and is therefore anonymous. This information is only used to improve how our Website works.
  • Functionality: These cookies allow our Website to remember your choices and provide enhanced, more personalized features, such as remembering the artworks in your wish list or shopping cart.

When you arrive at our Website, a small pop-up message will appear at the bottom of your screen asking if you will accept the use of cookies on our Website. You can disable these cookies by not clicking on the “Accept” button, or by disabling cookies in your browser settings. However, if you do this, you may not be able to use some of the features on our Website, or have access to all our Services.

Please note we do NOT use third-party (tracking) cookies in your browser. Third-party cookies are set by a server outside our control to learn about your interests for advertising purposes. We ONLY use first-party cookies in order to store your preferences on our Website. First-party cookies set by our Website are only used on our Website. These first-party cookies will be shared with Google Analytics, who perform website analysis services to help us improve our Website and the user experience.

DEVICE DATA

We may collect information about your computer or mobile device, including your IP address, operating system and browser type when you visit our Website. Your IP address is used to help identify and gather statistical or demographic information about visitors to our Website. We also use this information for internal system administration to help diagnose problems with our servers. This information will be shared with Google Analytics, who perform website analysis services to help us improve our Website and the user experience.

DATA ACCURACY

There are two types of Personal Data that may need to be updated from time to time, as follows:

  • Your non-sensitive Payment Information may need to be updated, but ONLY if you created an account and ONLY if you are making another purchase. Otherwise, there is no need to update this information. If you wish to update this information, you can edit it during your next checkout, or by logging into your account and making the necessary changes.
  • Your Email Information may need to be updated, but ONLY if you want your emails sent to a different email address. If so, please send an email to info@HNWgallery.com with “Update Email” in the subject line and provide your old email address and your new email address and we’ll take care of it for you.

DATA RETENTION

Our data retention periods are different for each type of Personal Data. For example, the only Personal Data we retain on our Website is your non-sensitive Payment Information, but ONLY if you created an account during checkout (and this information can be deleted by you at any time). We do, however, keep a daily back-up of our Website, but those daily backups are only retained for approximately 30 days. The only Personal Data we retain in our Mailchimp account is your Email Information, but ONLY if you requested or consented to be on our emailing list. If you have unsubscribed from our emailing list, then your Email Information is kept in a separate “Unsubscribed” list in our Mailchimp account, to ensure you are never emailed again. We will delete a user account when asked to do so by the user; or if the user has been banned from using our Website and Services; or if we do not anticipate doing business with the user again in the future. Meanwhile, our sales records must be kept for at least 6 years, which is a statutory requirement.

DATA RECORDS

We acknowledge your right to access and control your Personal Data. The Personal Data we hold about you should be limited to the following (as our employees have been instructed not to collect or store any other information about you):

  • Sales records such as quotes, invoices or receipts from any purchases you made (which you will have a copy of).
  • Non-sensitive Payment Information contained in your account, but only if you created an account during checkout (which you will have access to).
  • Email Information contained in our Mailchimp account, but only if you are (or were) on our emailing list.

If you have any questions about your Personal Data records, please do not hesitate to contact us at info@HNWgallery.com

DATA DELETION

If you do not want us to hold any of your Personal Data any more, you can ask us to delete it. As long as there is not a statutory requirement for us to retain your Personal Data (i.e. sales records that must be kept for 6 years), then we will delete it immediately. This will include deleting any sales records (after 6 years); deleting your account and any Payment Information in your account; and deleting your Email Information from our emailing list. Simply send an email to info@HNWgallery.com with “Delete Personal Data” in the subject line and we’ll take care of it as soon as we’ve confirmed it was you who made the request. Please note that any of your Personal Data contained in our daily backups will be automatically deleted when the daily backups are deleted (after approximately 30 days).

COMPLAINTS

If you have a complaint, please send an email to info@HNWgallery.com with “Complaint” in the subject line and it will be forwarded to our Data Protection Officer, who will deal with your request promptly.

CONTROLLER OR PROCESSOR

HNWgallery is a “Controller” for the Personal Data we process, as defined by the GDPR. Meanwhile, the service providers we use for support could be a “Controller” or a “Processor”, as defined by the GDPR, depending on the product and/or service they are providing.

CONTACT INFORMATION

If you have any questions about this Privacy Policy or how and why we process your Personal Data, you can email us at info@HNWgallery.com, or you can contact us by telephone or WhatsApp at 1.310.567.3007, or by mail to:

  • Attention: Data Protection Officer
  • Auction House Portal, Inc. d.b.a. HNWgallery
  • 1451 W. Cypress Creek Road, Suite 300
  • Fort Lauderdale, Florida, 33309
  • USA