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Privacy Policy

This policy applies to information held about clients and prospective clients, suppliers and prospective suppliers, artists, contacts and all other persons who visit the Alexander Berggruen website located at alexanderberggruen.com (the “Website”).  By ‘information,’ we mean personal information about you that we collect, use, share and store.

In this policy, “we,” “us,” and “our” means Alexander Berggruen Gallery LLC and its subsidiaries, and “you” means the individual to whom the information relates.

This Privacy Policy is incorporated into our Terms of Service, which govern your use of the Website in general.  By using our Website, you consent to the terms of this Privacy Policy and our Terms of Service.

What information is collected

Information collected may include: your name; your contact information (such as your address, email address and telephone number) and/or the contact information of persons to whom you ship purchases; your gender; your date of birth; your credit card information;  information related to your attendance of, and interest in, Alexander Berggruen events and art fairs; information related to your purchase of our artwork, purchase history or use of our services; information relating to your communication preferences, artist preferences and creative interests; and your IP address, your browser type and language.

How information is collected

We receive and store any information you enter on the Website or give to us in any other way. You provide information to us when you: purchase any artwork or visit us at the gallery or an art fair; use the forms on our Website (e.g., the “Subscribe” form) or give us information in person at our events and art fairs; register, sign in, manage your account or conduct a search on our Website; make a purchase or return an item; send us an email, comment or other material;  participate in a survey, contest or questionnaire; communicate with customer service or communicate with us through social media sites; and/or click on a “click-through URL” in our email communications to you.

We also automatically receive and store certain types of information when you interact with us.  Like many websites, we use “cookies” that may uniquely identify your browser or account, and we obtain certain types of information when your browser accesses our Website or other content served by or on behalf of our Website on other websites. Examples of the information we collect and analyze include the Internet Protocol (IP) address used to connect your computer to the internet; login; email address; password; computer and connection information such as browser type, browser language, version and time zone setting, hardware settings, browser plug-in types and versions; operating system, and platform; purchase history, which we sometimes aggregate with similar information from other customers to create features or promotions; the full Uniform Resource Locator (URL) clickstream to, through, or from our Website, including date and time, cookie number, search queries, the phone number from which you called us, SMS routing information, and your favorite stores. We may also use browser data such as cookies, Flash cookies (also known as Flash Local Shared Objects), or similar data on certain parts of our Website for fraud prevention and other purposes. We may collect and store information (including personal information) locally on your device using mechanisms such as browser web storage (including HTML 5) and application data caches. During some customer visits we may use software tools such as JavaScript to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page. We may also collect technical information to help us identify your device for fraud prevention and diagnostic purposes. Finally, we may use electronic image requests (also called “web beacons” or “single-pixel gifs”) to count page views and to access cookies. The web beacons do not collect, gather, monitor or share any personal information; rather they are used to compile anonymous information about Website usage.

When you use a location-enabled device to interact with our services, we may collect and process information about your location and your mobile device, like GPS signals sent by a mobile device or a unique identifier for your device. We may also use various technologies to determine location, such as sensor data from your device that may, for example, provide information on nearby Wi-Fi access points and cell towers. Most mobile devices allow you to disable location services; these controls are typically located in the device’s settings menu. If you have questions about how to disable your device’s location services, we recommend you contact your mobile service carrier or your device manufacturer.

We might receive information about you from other sources and add it to our account information. For example, we may receive updated delivery and address information from our carriers or other third parties which we use to correct our records.

How information is used

By visiting our Website, you agree that we may use personally identifiable information about you to enhance our marketing and promotional efforts, to trace and analyze Website usage, to improve our Website content, appearance, utility, and product offerings, to offer you tailored content, to respond to your requests, or to customize our Website content, layout, and services. You agree that we may use your information, such as your email address, to contact you and deliver information to you that, in some cases, is targeted to your interests, such as administrative notices, product offerings, participation in market research, special discounts or promotions, and communications relevant to your business with us.

We may also use your information to: provide information about our artwork and services to you; keep you informed about artwork, artists and events that we think you may find interesting; carry out our obligations arising from any agreements entered into between you and us; communicate with you; administer our Website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes; keep our Website safe and secure; comply with legal and regulatory obligations; and for security and to check your identity.

How information is shared

Except as expressly set out in this Privacy Policy, we will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.

The personal information you provide to us may be shared with third party companies, agents, contractors, service providers or affiliated companies if this is necessary to provide you with our artwork or services, respond to your inquiries or for any of the purposes described in this policy.  In addition, information related to your purchase of our artwork or use of our services may be shared with the artist(s) who created the purchased artwork, and we may share the invoice with the artist.

We may also share your personal information with: law enforcement agencies, other governmental agencies or third parties if we are required by law to do so; and other business entities should we plan to merge with or be acquired by that business entity, or if we undergo a re-organisation with that entity.

We may provide services jointly with other affiliate partners and may share our data, including personally identifiable information about you, with these affiliate partners when necessary, for example, to complete or ship your order to the correct address.

We employ other companies and individuals to perform functions on our behalf. Examples include delivering packages, sending postal mail and email, analyzing or cleaning data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, providing customer service, and managing ongoing orders and subscriptions. Such third parties may have access to your personal information as needed to perform their functions, but they may not use it for other purposes. In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

In addition, if you choose a direct payment gateway to complete your purchase, then we may store your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways agree to adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

Third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. Certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. If you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.

We may share aggregated, non-personally identifiable information publicly and with others such as publishers, advertisers or connected sites. For example, we may share information publicly to show trends about the general use of our services.

How long information is kept

We will only keep the information we collect about you for as long as required for the purposes set out above or as required to comply with any legal obligations to which we are subject. This will involve us periodically reviewing our files to check that information is accurate, up-to-date and still required.

Where we are permitted to send you direct marketing communications we may retain your contact information necessary for this purpose, for as long as you do not unsubscribe from receiving the same from us.  If you opt out from marketing, we will retain your information to enable us to respect your wishes to not be contacted for marketing purposes.

Your Rights

At any time, you have the right:

  • to request access to or a copy of any personal data which we hold about you;
  • to rectification of your personal data, if you consider that the information we are holding is inaccurate;
  • to ask us to delete your personal data, if you consider that we do not have the right to hold it;
  • to withdraw consent to our processing of your personal data (to the extent such processing is based on previously obtained consent);
  • to ask us to stop or start sending you marketing messages as described below in the marketing section;
  • to restrict processing of your personal data;
  • to data portability (moving some of your personal data elsewhere) in certain circumstances;
  • to object to your personal data being processed in certain circumstances; and
  • to not be subject to a decision based on automated processing and to have safeguards put in place if you are being profiled based on your personal data.

Any request from you for access to or a copy of your personal data must be in writing and we will endeavour to respond within a reasonable period and in any event within one month in compliance with data protection legislation. We will comply with our legal obligations as regards your rights as a data subject.

We aim to ensure that the information we hold about you is accurate at all times. To assist us in ensuring that your information is up to date, do let us know if any of your personal details change at the following email address: info@alexanderberggruen.com.

Notice to California Residents

If you are a California resident, California Civil Code sections 1798.83-1798.84 give you the right to ask us for a notice describing the categories of personal information we share with third parties or among our affiliated companies, for their direct marketing purposes, during the preceding calendar year.  If you are a California resident and would like a copy of this notice, please send an email message to info@alexanderberggruen.com with “Request for California Privacy Information” in the subject line and body of your message.  Please allow 30 days for a response.

How to turn off cookies

Cookies are unique identifiers that we transfer to your device to enable our systems to recognize your device and to provide customized features such as storage of items in your “Cart” between visits to the Website. Cookies also allow you to enter your password less frequently during a session. We may use information collected through devices and technologies such as “cookies,” pixel tags, or anonymous identifiers when you interact with the Website or the Website’s features that may appear on other websites. Certain features of our Website are only available through the use of a cookie. Most cookies are “session cookies,” meaning that they are automatically deleted from your device at the end of a session.

You are free to decline our cookies if your browser permits. The “Help” feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. You can also disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on’s settings or visiting the Website of its manufacturer. Because cookies allow you to take advantage of some of the Website’s features, we recommend that you leave them turned on. For instance, if you block or otherwise reject our cookies, you may not be able to add items to your Cart or proceed to Checkout, you may be required to re-enter your password more frequently, and you may not be able to use certain features on the Website.

How we respond to “Do Not Track” signals

“Do Not Track” is a privacy preference that internet users can set in their web browsers. When a user turns on the Do Not Track option, the browser sends a message to websites requesting them not to track the user. At this time, we do not respond to Do Not Track browser settings or signals. For information about Do Not Track, visit www.allaboutdnt.org.

Children

We do not knowingly collect or solicit information from person under the age of 18 and we do not knowingly provide access to our Website or market our services to anyone under the age of 18.  No one under the age of 18 should submit any personal information to us and/or our Website.  The Website is not directed to children under the age of 18.  If a child under the age of 13 has provided us with personally identifiable information online, we ask that a parent or guardian contact us at info@alexanderberggruen.com.

Marketing

Where you are one of our clients or have otherwise agreed to be contacted for marketing we may use your personal information to send you information about Alexander Berggruen events, art fairs and works of art. You can unsubscribe from receiving them at any time, details of how to unsubscribe will be included on each electronic mailing we send you.

You also have the option of “unsubscribing” from our mailing list at any time thereby disabling any further such email or other communication from being sent to you by emailing us at info@alexanderberggruen.com.

We will action any opt out request from you without delay.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.   You should be aware, however, that the transmission of information via the internet is not completely secure and  therefore we do not guarantee the security of data you transmit to our Website or via email.

Links to other sites

Our Website may contain links to other sites, including via our social media buttons. While we try to link only to websites that share our high standards and respect for privacy, we are not responsible for the content, security, or privacy practices employed by other websites and a link does not constitute an endorsement of that website. Once you link to another website from our Website you are subject to the terms and conditions of that website, including, but not limited to, its internet privacy policy and practices. Please check these policies before you submit any data to these websites.

Certain features of our Website will allow for social networking. You should ensure when using these features that you do not submit any personal data that you do not want to be sent, collected or used by other users, such as profile details or email address.

Complaints; contact

Questions, comments and requests regarding this policy are welcomed and should be addressed to info@alexanderberggruen.com.

Changes to this policy

We reserve the right to change/update this Privacy Policy and our practices described herein at any time in our sole discretion.  Any changes we make to our policy in the future will be posted on this page.  Such changes will be effective immediately upon posting of the revised Privacy Policy to the Website.  Please check back frequently to see any updates or changes to our Privacy Policy.

Language

To the extent our operations extend into non-English speaking jurisdictions, this policy and all communications and documents relating hereto be expressed in the English language.  Les parties ont exigé que cette politique ainsi que tous documents s’y rattachant soient redigées dans la langue anglaise.