Last Updated: 02/15/2019
- “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.
- “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.
THIRD-PARTY PAYMENT SERVICES
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, PayPal or Escrow.com 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, PayPal, Escrow.com) 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
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.
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.
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.
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.
- 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.
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.
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.
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.
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.
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
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).
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.
- Attention: Data Protection Officer
- Auction House Portal, Inc. d.b.a. HNWgallery
- 1451 W. Cypress Creek Road, Suite 300
- Fort Lauderdale, Florida, 33309