Effective Date: October 1, 2021
1. INTRODUCTION AND GENERAL TERMS
Mepaintsme 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 (as this term is defined herein) 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 mepaintsme may collect about you;
• How mepaintsme will use information we collect about you;
• Whether mepaintsme 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 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 MEPAINTSME 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, contacting us with enquiries, or interacting with us through social media. Such information can include (collectively "Personal Data"):
• 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.
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 WITH WHOM WE WILL SHARE IT
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;
With your permission and at your request, mepaintsme may share contact information between artists and collectors to enable an artist to know who purchased their work and/or enable a collector to connect with an artist.
We may analyze certain types of information that you submit to us for the legitimate interest of improving the Services we offer to you, 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 Services to you, 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 Data that we collect about you for the legitimate interest of providing a 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;
• Providing you with information and updates about our Services and upcoming exhibitions; and
• Submitting payment to you for sold Artwork using third-party, PCI-compliant payment processors, such as PayPal and Venmo.
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 US government 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 Art Logic, to process these marketing emails.
If you do not wish to receive marketing emails from us in the future, you can opt-out by following the unsubscribe instructions in the emails or by contacting us at email@example.com. If you opt-out, we will still send you transactional emails for service purposes, such as for responses to your requests or communications about your account.
To understand how our Services are used
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 firstname.lastname@example.org if:
• Mepaintsme no longer needs to process that Personal Data for the reason it was collected;
• Mepaintsme is processing that Personal Data because it is in the public interest or it is in order to pursue a legitimate interest of mepaintsme, 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 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 our Services.
Obtain a copy of your Personal Data
If you request, mepaintsme will supply you with the relevant Personal Data we have collected.
Make a complaint to a Supervisory Authority
• If you are unhappy with the way mepaintsme 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
7. CHILDREN'S PRIVACY
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@example.com. We will delete such information from our files within a reasonable time.
We will take all reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your personal information. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches. By using the Services, you understand and assume the risks associated with your activities on the Internet.
If you have reason to believe that your information is no longer secure, please let us know by contacting us at firstname.lastname@example.org.
We will notify you of any changes to this policy by email, notice on the website or account message.
10. INTERNATIONAL DATA TRANSFERS
We conduct business internationally. Personal Data may be stored and processed in any country where we do business. We may transfer your Personal Data to countries other than your own country, including to the United States. These countries may have data protection rules that are different from your country.
11. YOUR CALIFORNIA PRIVACY RIGHTS
If you are a California resident, you may ask us to refrain from sharing your Personal Information with third parties for their direct marketing purposes. We do not share Personal Information with third parties for their own marketing purposes.