Art Data, Inc. Privacy Policy

Last Revised: April 15, 2022

Art Data, Inc. ("we" or "Art Data") has created this privacy policy ("Privacy Policy") to demonstrate our commitment to privacy. This Privacy Policy applies to www.art.co owned and operated by Art Data, Inc. and to all Mobile and Facebook Apps operated by Art Data, Inc. This privacy policy describes how Art Data, Inc. collects and uses the Personal Data you provide on our website www.art.co and in our Mobile and Facebook Apps, as well as the choices available to you regarding our use of your personal data and how you can access and update this information. We realize the importance of feeling safe online and want you to feel comfortable using our personalized products and services (collectively, "Offerings") and exchanging information on websites of Art Data, Inc., its affiliates or agents ("Company" or "We") with links to this Privacy Policy (collectively, the "Website") and our mobile applications (the "Application(s)").

For purposes of the EU's General Data Protection Regulation 2016 (the "GDPR") the data controller is Art Data, Inc, 2775 Las Palmas Ave. Escondido, CA 92025. Please see Section 7 below for additional disclosures applicable only to users based in the European Union (the "EU").

By submitting Personal Data through our Website, Application or Offerings, you agree to the terms of this Privacy Policy and you expressly consent to the collection, use and disclosure of your Personal Data in accordance with this Privacy Policy.

1. TYPES OF DATA WE COLLECT

We collect Personal Data and Anonymous Data from you as described below when you visit our platforms, when you send us information or communications, and/or when you use our Application(s) and Offerings. "Personal Data" means data that allows someone to identify or contact you, as well as any other non-public information about you that is associated with or linked to any of the foregoing data including, your name, username, email address, telephone number, current and previous mailing addresses, login, PIN, password, account preferences, time zone, etc. "Anonymous Data" means data that is not associated with or linked to your Personal Data; Anonymous Data does not permit the identification of individual persons. We may also collect or develop aggregated information, which may include Anonymous Data and Personal Data, provided that such information does not personally identify you or any of our other users ("Aggregated Data").
A. Personal Data That You Provide to Us. In order to provide you with personalized services and features we may ask you to register and establish your personal profile ("Profile"). During the registration process we may ask you for Personal Data such as your name, telephone number, gender, birth information, e-mail address, password, place of residence, zip code, etc. This Personal Data is used to customize the Offerings to you and to provide you with personalized services. Personal Data is collected primarily to make it easier and more rewarding for you to use our Offerings.
C. Application(s). If you use our Offerings on your mobile device, including through our Application(s), we may collect your phone number and the unique device id number. Our mobile homepage lets you store preferences like safe search settings. We may associate these choices with your ID or the mobile device, and you can edit these preferences at any time on our mobile homepage.
D. Information Provided to Social Networking Sites. Some of our Platforms may include the ability for you and other users to connect your profile on our Platform with Facebook or other social networking sites (each, a "SNS"), such as via the "Connect to Facebook" functionality, whether you initially connect from our Platform to the SNS or in the other direction from the SNS to our Platform. We may receive or access information about you through the SNS when you choose to connect your Platform profile to any SNS, or to post or otherwise share information on any SNS to which you have connected your Platform profile. Note that any information that you or others post to an SNS will be accessible by any users of such SNS, subject to its terms of service and privacy policy.
E. Personal Data That We Collect from You About Others. If you decide to submit information about a third party, we will collect the third party's Personal Data in order to personalize the services for such third party such as "Tell a Friend" feature. If you choose to use our referral service to tell a friend about our website, we will ask you for your friend&pos;s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the website. Art Data stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program.
F. Advertising. If there is advertising on the Company Properties, such advertising may employ the use of Cookies or other methods to track hits and clickthroughs. We are not responsible for advertiser Cookies or how the information gathered through their use might be used.
G. Children. However, none of our Platforms are designed or intended to be attractive to use by children under the age of 18, and we do not knowingly collect personally identifiable information from children under 16. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT USE ANY OF OUR PLATFORMS AT ANY TIME OR IN ANY MANNER. We do not intentionally gather Personal Data from users who are under the age of 13. If a child under 13 submits Personal Data to Company and we learn that the Personal Data is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any Personal Data from a child under 13, please contact us at [email protected]
H. Information Collected Via Technology.
  • Information Collected by Our Servers. To make our Company Properties more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol ("IP") address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.
  • Log Files. As is true of most websites, we gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet service provider ("ISP"), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to analyze trends, administer the Website, track users' movements around the Website, gather demographic information about our user base as a whole, and better tailor our Offerings to our users&pos; needs. For example, some of the information may be collected so that when you visit the Website or the Offerings again, it will recognize you and the information could then be used to serve advertisements and other information appropriate to your interests. Except as noted in this Privacy Policy, we do not link this automatically-collected data to Personal Data.
  • Cookies. Like many online services, we use Cookies to collect information. "Cookies" are small pieces of information that a website sends to your computer's hard drive while you are viewing the website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Website. This type of information is collected to make the Website more useful to you and to tailor the experience with us to meet your special interests and needs.
  • Pixel Tags. In addition, we use &pos;Pixel Tags&pos; (also referred to as clear Gifs, Web beacons, or Web bugs). Pixel Tags are tiny graphic images with a unique identifier, similar in function to Cookies that are used to track online movements of Web users. In contrast to Cookies, which are stored on a user&pos;s computer hard drive, Pixel Tags are embedded invisibly in Web pages. Pixel Tags also allow us to send e-mail messages in a format users can read, and they tell us whether e-mails have been opened to ensure that we are sending only messages that are of interest to our users. We may use this information to reduce or eliminate messages sent to a user. We do not tie the information gathered by Pixel Tags to our users&pos; Personal Data.
  • Collection of Data by Advertisers. We may also use third parties to serve ads on the Company Properties. Certain third parties may automatically collect information about your visits to the Company Properties and other websites, your IP address, your ISP, the browser you use to visit our Company Properties (but not your name, address, e-mail address or telephone number). They do this by using Cookies, Pixel Tags or other technologies. Information collected may be used, among other things, to deliver advertising targeted to your interests and to better understand the usage and visitation of our Website and the other sites tracked by these third parties. This policy does not apply to, and we are not responsible for, Cookies or Pixel Tags in third party ads, and we encourage you to check the privacy policies of advertisers and/or ad services to learn about their use of Cookies and other technologies. You may opt out of receiving interest-based advertising from some of our partners by visiting http://www.aboutads.info/choices or http://www.networkadvertising.org/managing/opt_out.asp. We do not currently respond to &pos;Do Not Track&pos; signals from web browsers.
  • Mobile Services. We may also collect non-personal information from your mobile device if you have downloaded our Application(s). This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include your geographic location, how you use the Application(s), and information about the type of device you use. In addition, in the event our Application(s) crashes on your mobile device, we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our Application(s). This information is sent to us as aggregated information and is not traceable to any individual and cannot be used to identify an individual.
  • Google Analytics. We use Google Analytics to help analyze how users use the Website. Google Analytics uses Cookies to collect information such as how often users visit the Website, what pages they visit, and what other sites they used prior to coming to the Website. We use the information we get from Google Analytics only to improve our Website and services. Google Analytics collects only the IP address assigned to you on the date you visit the Website, rather than your name or other personally identifying information. We do not combine the information generated through the use of Google Analytics with your Personal Data. Although Google Analytics plants a persistent Cookie on your web browser to identify you as a unique user the next time you visit the Website, the Cookie cannot be used by anyone but Google. Google's ability to use and share information collected by Google Analytics about your visits to the Website is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.

2. USE OF YOUR DATA

A. General. In general, Personal Data you submit to us is used either to respond to requests that you make, or to aid us in serving you better. We use your Personal Data to personalize our Offerings; to deliver personalized information to you; to send you administrative e-mail notifications, such as security or support and maintenance advisories; to provide you with electronic newsletters; and to send you special offers related to our Offerings and for other marketing purposes of Company or our third party partners, should you opt-in to receive such communications by indicating such preference in your Profile. Your e-mail address together with a password is used to secure your Profile and to make our personalized e-mail services available to you.
B. Creation and Use of Anonymous and Aggregated Data. We may create Anonymous Data and Aggregated Data from Personal Data by excluding information (such as your name) that makes the data personally identifiable to you. We use this Anonymous Data and Aggregated Data for trend analysis, and to better understand patterns of usage so that we may enhance the content of our Offerings and improve Website navigation. We reserve the right to use and disclose Anonymous Data and Aggregated Data to third party companies in our discretion. For example, demographic and profile data is shared with our advertisers only in the form of Aggregated Data. Aggregated Data helps our advertisers to tailor their services to the collective characteristics of users of the Company Properties.
C. IP Addresses. We use your IP Address to help diagnose problems with our server, to administer the Website, and to track trends and statistics.
D. Feedback. If you provide feedback on any of our Company Properties to us, we may use such feedback for any purpose, provided we will not associate such feedback with your Personal Data. We will collect any information contained in such communication and will treat the Personal Data in such communication in accordance with this Privacy Policy.

3. DISCLOSURE OF YOUR PERSONAL DATA

A. We will share your Personal Data with third parties only in the ways that are described in this Privacy Policy. We do not sell your Personal Data to third parties.
B. Corporate Restructuring. We may share some or all of your Personal Data in connection with or during negotiation of any merger, financing, acquisition or dissolution, transition, or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy or receivership, Personal Data may also be transferred as a business asset. If another company acquires our Company, business or assets, that company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data described in this Privacy Policy.
C. Third Party Services. We reserve the right to offer services and products from third party vendors ("Third Party Vendors") to you on the Company Properties, such as via newsletters or special offers, based on the preferences that you identify during the registration process and based on your subsequent preferences. We may share Aggregated Data about our user base with these Third Party Vendors; this information does not identify individual users. We do not link Aggregated Data with Personal Data.
D. Third Party Contractors. We may share your Personal Data with third party contractors or service providers ("Third Party Contractors") to provide you with the services that we offer you though the Company Properties; to conduct quality assurance testing; to provide technical support; or to provide specific services in accordance with your instructions. These Third Party Contractors are required not to use your Personal Data other than to provide the services requested by us. You expressly consent to the sharing of your Personal Data with our Third Party Contractors for the sole purpose of providing the Company Properties to you.
E. Social Networking Sites. As noted above, some of our Platforms may enable you to connect with and/or post content to SNSs. And our Platforms also integrate technologies facilitated by various SNSs, such as Facebook pixels. You acknowledge and agree that you are solely responsible for your use of any SNS, and that it is your responsibility to review the terms of use and privacy policy of the third-party provider of such SNS. We are not responsible or liable for: (i) the availability or accuracy of any SNS; (ii) the content, products or services on or availability of any SNS; or (iii) your use of any SNS.
F. Other Disclosures. Due to the existing legal regulatory and security environment, we cannot fully ensure that your private communications and other Personal Data will not be disclosed to third parties under certain circumstances. For example, we may be forced to disclose information to the government or third parties under court order, subpoena, or other circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, in the unlikely event we need to investigate or resolve possible problems or inquiries, we can (and you authorize us to do so) disclose any information about you to private entities, law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate. In addition, where we ask for your Personal Data and you are notified that the information we are collecting on that page will be shared with third parties, and in cases where you opt-in to share your Personal Data with third parties, those disclosures and opt-ins will override anything to the contrary in this Privacy Policy. Except as set forth above, we will not disclose any of your Personal Data to third parties unless you give us your prior express consent.

4. SECURITY

We have implemented and follow reasonable industry standard technical and procedural measures to protect against unauthorized access and use of your personal information. However, you should know that neither we nor any other website can fully eliminate these risks.

5. OTHER WEBSITE LINKS

The Company Properties contain links to other websites. Our provision of a link to any other website or location, is for your convenience and does not signify our endorsement of such other website or location or its contents. When you click on such a link, you will leave the Company Properties and go to another website. During this process, another entity may collect Personal Data or Anonymous Data from you. Company has no control over, does not review, and is not responsible for the privacy practices or the content of such other websites. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of data after you click on links to such outside websites.

6. SOCIAL MEDIA FEATURES AND WIDGETS

Our Web site includes Social Media Features, such as the Facebook Like button and Widgets, such as the Share this button or interactive mini-programs that run on our site. These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy policy of the company providing it.

7. ADDITIONAL DISCLOSURES FOR USERS BASED IN THE EUROPEAN UNION

A. General. We are headquartered in the United States. By using any of our Platforms from outside the United States, you acknowledge that your personal data may be accessed by us or transferred to us in the United States and to our affiliates, partners, and service providers who are located around the world; and that your personal data will be transferred to, and stored and processed in, the United States or elsewhere in the world where our servers are located.If you are based in the EU, we will only process your personal data for a purpose described in this Privacy Policy if (1) you have provided your consent (which can be withdrawn at any time), (2) the processing is necessary for the performance of a contract we are about to enter into or have entered into with you, (3) we are required by law, (4) processing is required to protect your vital interests or those of another person, or (5) the processing is necessary for the purposes of our legitimate commercial interests (except where such interests are overridden by your rights and interests).
B. Rights. Under the GDPR, if you are based in the EU, in certain circumstances you have rights under data protection laws in relation to your personal data that we hold about you, specifically:
  • 1. Request access to your personal data. You may have the right to request access to any personal data we hold about you as well as related information, including the purposes for processing the personal data, the recipients or categories of recipients with whom the personal data has been shared, where possible, the period for which the personal data will be stored, the source of the personal data, and the existence of any automated decision making.
  • 2. Request correction of your personal data. You may have the right to obtain without undue delay the rectification of any inaccurate personal data we hold about you.
  • 3. Request erasure of your personal data. You may have the right to request that personal data held about you be deleted.
  • 4. Request restriction of processing your personal data. You may have the right to prevent or restrict processing of your personal data.
  • 5. Request transfer of your personal data. You may have the right to request transfer of your personal data directly to a third party where this is technically feasible.Also, where you believe that we have not complied with our obligation under this Privacy Policy or European data protection law, you have the right to make a complaint to an EU Data Protection Authority.You can exercise any of these rights by calling us at (402) 509-8598 or by emailing us at [email protected]

8. LEGAL PROCESSES

We may share all types of information with others as required by, or permitted by, law. This may include sharing all types of information with governmental entities, or third parties in response to subpoenas, court orders, other legal process, or as we believe is necessary to exercise our legal rights, to defend against legal claims that have been brought against us, or to defend against possible legal claims that we determine in our sole discretion might be brought against us.

9. OTHER THIRD PARTIES

We may share information with other third parties that are not described above. When we do so we will endeavor to either aggregate or de-identify the information so that a third party would not be likely to link data to you, your computer, or your device. Aggregation means that we combine the information of numerous people together so that the data does not relate to any one person. De-identify means that we remove or change certain pieces of information that might be used to link data to a particular person.We may also share any information with other third parties that are not described above if you give us consent to do so.

10. UPDATING/DELETING YOUR PROFILE

A. Changes to Personal Data. You can view the Personal Data you previously provided by viewing your Profile from your personalized Home Page. If your personal data changes, you may correct or update, by emailing us at [email protected] or by contacting us by telephone or postal mail at the contact information listed below. We will respond to your request to access within 30 days. You may request deletion of your Personal Data by us, but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives.
B. Opt-out. If you have chosen to receive personalized messages, newsletters, or promotional communications by e-mail, you can at any time cancel this, or "opt-out," by following the instructions on your personalized Home Page or by following the unsubscribe instructions provided in the e-mail you receive. Should you decide to opt-out of receiving future mailings, we may share your e-mail address with our Third Party Contractors to ensure that you do not receive further communications from us. Despite your indicated e-mail preferences, we may send you service-related communications, including notices of any updates to our Terms of Service or Privacy Policy.
C. Cookies. If you decide at any time that you no longer wish to accept Cookies from the Company Properties for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. Consult your browser's technical information. If you do not accept Cookies, however, you may not be able to use all portions of the Company Properties or all functionality of the Company Properties. If you have any questions about how to disable or modify Cookies, please let us know at the contact information provided below.
D. De-Linking SNSs. If you decide at any time that you no longer wish to have your SNS account (e.g., Facebook or Twitter) linked to your Account, then you may de-link the SNS account in the "preferences" section in your Account settings. You may also manage the sharing of certain Personal Data with us when you connect with us through an SNS, such as through Facebook Connect. Please refer to the privacy settings of the SNS to determine how you may adjust our permissions and manage the interactivity between the Company Properties and your social media account or mobile device.
E. Applications. You can stop all collection of information by the Application(s) by uninstalling the Application(s). You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.

11. SERVICE-RELATED ANNOUNCEMENTS

Despite your indicated e-mail preferences, we may send you service-related announcements (such as, but not limited to, notice that we have changed the Offerings, the Terms of Service, or the Privacy Policy) when we believe it is necessary to do so. You may not opt-out of these communications, which are not promotional in nature, but if you do not wish to receive these announcements, you have the option to delete your Profile. We will not have any liability whatsoever to you for any deletion of your Profile.

12. DISPUTE RESOLUTION

WHAT LAW GOVERNS ANY DISPUTES REGARDING THIS PRIVACY POLICY
You agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the law of the State of California, without reference to the choice of law or conflicts of law principles thereof, and will be subject to the terms and limitations of the User Agreement or any other agreement we may have with you. If any provision of this Privacy Policy is judged to be illegal, void or unenforceable due to applicable law or by order of a court of competent jurisdiction it shall be deemed deleted and the continuation in full force and effect of the remainder of the provisions will not be prejudiced. If you enter into a contract with us that requires, or contemplates, collecting, using, sharing, or securing information about you in a manner that is different than that which is described in this Privacy Policy, the terms of that contract will apply.

13. CHANGES TO THIS PRIVACY POLICY

We may amend this Privacy Policy at any time in our sole discretion. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy on our Website, and we will change the "Last Updated" date above. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective. You should consult this Privacy Policy regularly for any changes.

14. CONTACTING US

If you have any questions about this Privacy Policy, the practices of the Company Properties, or your dealings with the Company Properties, you can contact us at Art Data, Inc. 2775 Las Palmas Ave. Escondido, CA 92025. Email = [email protected]