PRIVACY POLICY

 

TO BE EDITED…

The following is an overview of the privacy policy (the “Privacy Policy”) for Auction House Portal, Inc., d.b.a. HNWgallery (“HNWg” or “we” or “us”). Our website is located at www.HNWgallery.com (the “Website”).

INTRODUCTION

HNWg considers the privacy and protection of all client information with regard to artwork, identity and information to be of the utmost importance. Accordingly, we implement robust measures across our business to protect the security and integrity of all such information.

However, the law requires us to take particular steps in relation to the processing and protection of information. To ensure you feel confident about providing us with information when communicating with us and using our services, we outline below our practices in relation to the collection and use of information. This Privacy Policy (together with our “Fine Art Request Terms” and “Fine Art Offer Terms” and “Buyer Profile”) sets out the basis on which we will collect, use and process information. Please read this Privacy Policy carefully, to ensure you understand how we will handle your information. Please also check this page in the future, as our Privacy Policy may be updated from time to time.

SUMMARY

Here is a summary of our policies regarding our services, in plain English:

  • If you sign up to our email list to receive Fine Art Requests or Fine Art Offers, we will NOT sell, rent or share your name or email address with third-parties. Furthermore, you can opt-out at any time by contacting info@HNWgallery.com
  • There is no requirement for you to create an account when using our Website. In other words, you do NOT need to provide us with any personal, corporate or financial information when you visit our Website or review Fine Art Requests or Fine Art
  • HNWg does not charge registration fees, membership fees or monthly fees of any kind. Accordingly, you do NOT need to provide any credit card or payment information when you visit our Website.
  • If you submit a Fine Art Request, we will prepare the request and send it to you for final approval before we submit it to our network. We will NOT submit it to our network unless we receive your final approval.
  • If you submit an off-market or fresh-to-market work in response to a Fine Art Request, we will ONLY share it with the collector, curator or advisor that made the request. Furthermore, you can request that we only share limited information such as a catalogue raisonné number or watermarked photo. We will NOT share it with anyone else unless we receive your permission first.
  • If you submit a Fine Art Offer, we will ONLY post the artist’s name on our Website or in an email to our network if you ask us to do so. Furthermore, we will NOT include a photo, title, price or any other details about the work, to ensure it cannot lose value from being exposed.
  • If you provide us with the photo, title, price or any other details of an off-market or fresh-to-market work for your Fine Art Offer, we will ONLY provide it to a buyer once we have shared the buyer profile with you and received your approval. Furthermore, we will never share it with any other buyer in the future unless we receive your permission first.
  • You can withdraw your Fine Art Request or Fine Art Offer at any time, with no obligation to HNWg.
  • We do not store any information of any kind at HNWgallery.com, except for what is visible to the public under Fine Art Requests and Fine Art Offers; or what is visible to our Inner Circle when they login using a 4 digit password. This lack of information ensures our Website will not become a target for hackers or criminals.

INFORMATION WE MAY COLLECT FROM YOU

We may collect and process the following information about you:

  • Information you provide by filling out forms located at www.HNWgallery.com
  • Information you provide by email or hard copy or by any other means which may include: your name; address; company; contact information; passport information (for Mutual NCNDA’s or Commission Agreements); email marketing preferences; and any other information relevant to the services we provide. This information may be provided by you when subscribing to our email list; when submitting or requesting information for a Fine Art Request or Fine Art Offer; when receiving introductions to buyers or sellers within our network; or when transacting offline through HNWg.
  • Preliminary details of transactions you initiate through HNWg or our offices, agents and affiliates; and any communications by telephone, email, in person or by any other means relating to those transactions.
  • Details of your visits to www.HNWgallery.com including, but not limited to, traffic data, web logs or other communication data and the services you use.

The information you provide to us will be used for initiating transactions offline, but may also be used for internal data processing, such as compiling statistical information about your interests and the use of our Website. As a service to you, we may also use this information to customize the content on our Website.

INFORMATION WE MAY COLLECT ON OUR WEBSITE

We may collect and process the following information from your use of www.HNWgallery.com:

COOKIES

A cookie is a simple text file that is stored on your computer or mobile device by a website’s server and only that server will be able to retrieve or read the contents of that cookie. Each cookie is unique to your web browser. It will contain anonymous information such as a unique identifier and the website name and some digits and numbers. It allows a website to remember things like your preferences or what’s in your shopping cart. Using our Website will result in us placing cookies on your computer in the 3 categories set out below:

  • Strictly Necessary: These cookies are essential to enable you to move around our Website and use its features, such as accessing the secure “Inner Circle” area of the Website. 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 the services you may wish to use 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 these cookies collect is aggregated and is therefore anonymous. This information is only used to improve how the Website works.
  • Functionality: These cookies allow the Website to remember choices you make and provide enhanced, more personal features, such as remembering the filters you selected for Fine Art Requests and Fine Art Offers.

IP ADDRESS

We may collect information about your computer, including your internet address, operating system and browser type when you visit our Website. Your internet address is used to help identify and gather statistical or demographic information about our customers, generally. We also use this information for internal system administration to help diagnose problems with our servers, to administer our Website and the customer or user experience.

HOW IS THIS INFORMATION USED?

HNWg will collect, store and use your information for clearly specified purposes, including but not limited to:

  • Providing you with information or services that you request from us, or which we believe would interest you in a way that is targeted and relevant. This could include but is not limited to sending you Fine Art Requests or Fine Art Offers.
  • Carrying out our obligations during any transactions you may initiate through us.
  • Carrying out our obligations arising from any contracts entered into between you and us.
  • Notifying you about changes to our services, or the introduction of new services.
  • Ensuring that our Website is presented in the most effective manner for you and your computer.

We may contact you for the above purposes by telephone, email, SMS messaging or other means.

SHARING INFORMATION

We will not share your information with any third-party other than in accordance with the law and as stated in this Privacy Policy. Each of the countries in which we operate has different privacy laws and our Privacy Policy will reflect those laws. We may from time to time however, need to disclose certain information to certain third-parties, as follows:

THIRD-PARTIES INVOLVED IN A TRANSACTION

We may need to share certain information with certain third-parties that are involved in a transaction initiated through us, in order to facilitate the transaction. These third-parties may include but not be limited to the buyer, seller, advisor, curator, appraiser, attorney or banker. The information will ONLY be provided to the third-party that needs to know in order to facilitate the transaction. Furthermore, it will be provided on the basis that the third-party is required to keep the information confidential and secure, and will not use the information for any other purpose, other than to facilitate the transaction.

AGENTS OR AFFILIATES OF HNWg

We may need to disclose certain information to our agents or affiliates to communicate with you, or to enable HNWg to facilitate transactions initiated through us. When we do so, it will be on the basis that these agents or affiliates are required to keep the information confidential and secure, and will not use the information for any other purpose, other than to carry out the services they are performing for HNWg.

ANTI-MONEY LAUNDERING AND REGULATORY AUTHORITIES

We may need to retain and disclose certain information about you to regulatory authorities and to appropriate agencies to conduct trade sanction checks, anti-money laundering checks (in compliance with our AML obligations) and to assist with fraud prevention. We will disclose this information as required by law.

LEGAL DISCLOSURES

While we will not voluntarily disclose your information, we may disclose such information if we are required to do so by a valid court order; if we are lawfully requested by government or law enforcement authorities; if we are required to do so pursuant to other legal processes; or if it becomes necessary to protect the rights or property of HNWg.

TRANSACTION INFORMATION

During a transaction, you may entrust us with sensitive information necessary to facilitate the transaction. We are keenly aware of the sensitivity of this information and have taken security measures to safeguard this information, as follows:

  • HNWg uses advanced technology to store your information on a separate server, allowing limited access only to certain authorized HNWg representatives.
  • We conduct regular security health checks and maintain active security measures.

WORLDWIDE TRANSFERS AND PROCESSING

As a global operation, HNWg may process your information as described above. Each of the countries has different privacy laws offering different levels of protection for your information. Our Privacy Policy reflects these varying privacy laws and we will act in accordance with the applicable privacy laws in all jurisdictions where we operate. By providing your information to HNWg, you consent to us processing your information in any jurisdiction in accordance with applicable privacy laws and this Privacy Policy.

SECURITY

We will take all reasonable and appropriate steps to protect the security and integrity of all information provided to us through our Website, or by any other means, electronic or otherwise. We will ensure that your information within HNWg is suitably protected against both unauthorized physical and electronic access. These measures include an electronic firewall and various other protection measures that involve virus scanning, installation of security patches, vulnerability testing, backup and recovery planning, employee training and other steps designed to continuously improve data security and protection. However, we cannot guarantee that information during transmission through the Internet or any computer network is entirely safe from unauthorized intrusion, access or manipulation. We will have no liability for disclosure of information due to errors or unauthorized acts of third-parties. In any event, where we believe information has been compromised, we will notify the affected parties.

YOUR RIGHTS

You have the legal right to a copy of the information which we hold about you, including an explanation of how this information will be used and to ensure this information is accurate. You also have the right to ask us not to process your information for marketing purposes. You can exercise this right at any time by contacting us at info@HNWgallery.com

HOW LONG WILL WE KEEP YOUR INFORMATION?

We will hold your information in our system for as long as necessary for the relevant activity.

CONTACTING YOU

In order to provide you with marketing information about our services, we may contact you by email, SMS or any other messaging service, by telephone, or by post. At the bottom of any marketing emails you will have a clearly marked “Unsubscribe” option from future mailings. In addition, you may at any time send an email to info@HNWgallery.com asking for your name to be removed from our lists.

CHANGES TO PRIVACY POLICY

HNWg reserves the right to amend or update this Privacy Policy at any time. We will notify users of our services or Website by posting any updated policies on this page and such changes will be effective immediately and without further notice. Where appropriate, we may notify you directly of changes to the Privacy Policy, either through email or a prominent notice on our Website.

FRAUDULENT EMAILS

Please note that HNWg never sends random e-mails requesting personal, corporate or financial information. The ONLY time we will request information is if you are working on a specific Fine Art Request, Fine Art Offer, or transaction with your trusted contact from HNWg. If you ever receive a random request via email, you may use info@HNWgallery.com to privately and securely communicate with us and inform us about the request.

E-mail fraud is a common tool of identity thieves. An increasingly common fraudulent activity called “phishing” uses official-looking e-mails to deceive consumers into disclosing their personal information. The e-mail often directs the recipient to a look-alike website, tricking consumers into believing they are responding to a valid request.

Other fraudulent e-mails entice users to make a purchase or enroll in membership and are designed primarily to obtain credit card or bank account information. HNWg will never send random e-mails asking you to enroll in membership, pay fees, or reply with your financial information, bank account information, or other personal information.

To avoid getting caught in any of these fraudulent activities, please remember to:

  • Never give out your personal, corporate or financial information by e-mail or telephone, unless YOU initiated the contact.
  • There is nowhere on www.HNWgallery.com that we ask for financial, bank account or credit card information. Furthermore, we do NOT charge registration fees, membership fees or monthly fees of any kind. If you are being asked to provide such information or pay such fees, it is on a fraudulent website that does not have the same URL as www.HNWgallery.com
  • If you are a member of our Inner Circle, always end your secure session on www.HNWgallery.com by closing your browser’s window.

CONTACTING HNWg

If you have any questions regarding the use and protection of your information, or for questions about our services, you can email us at info@HNWgallery.com. Alternately, you may contact us by calling 1.310.567.3007, or by mail to:

Auction House Portal Inc. d.b.a. HNWgallery

1451 W. Cypress Creek Road, Suite 300

Fort Lauderdale, FL, 33309

U.S.A.