PRIVACY POLICY

Updated July 1, 2018.

Jonathan Novak Contemporary Art (“Jonathan Novak,” “we,” “our,” “us”) respects the sensitive nature of any personal information you provide to us.  We have created this Privacy Policy in order to demonstrate our commitment to the privacy of those who visit our website www.novakart.com (the “Site”) or visit us at our gallery, an event or art fair.  This Privacy Policy describes our information collection, storage and disclosure practices and the choices you have regarding how your personal information is collected and used by us and third parties who provide services for us.

Residents of the European Economic Area (“EEA”), which includes the member states of the European Union (“EU”), should consult the sections of this policy relating to the “Rights of EEA Residents” and “International Data Transfers” for provisions that may apply to them.

Jonathan Novak regularly sends out emails announcing our upcoming exhibitions, events and featured artworks.  No outside parties are given your contact information nor do they have access to it. 

Mailchimp provides a facility for sending out our email communications.  A copy of MailChimp’s privacy policy, including compliance with the GDPR, is found at https://mailchimp.com/legal/privacy/.  

We reserve the right to change this Privacy Policy at any time.  In the event we make changes to this Privacy Policy, such policy will be re-posted in the “Privacy” section of our Site with the date such modifications were made indicated on the top of the page or we may contact you to inform you about the revisions with a link to the revised Privacy Policy.  All changes are effective on the date listed at the top of this page and will apply to all information that we have about you.  Your continued use of the Site or the services that we provide (“Services”) after any change is posted indicates your acceptance of the changes and your continued consent to our processing of your personal data.  If at any point you do not agree to any portion of the Privacy Policy then in effect you should immediately stop using the Site and the Services.  You may also unsubscribe from certain communications by following the procedures set forth in this Privacy Policy, including the section below on “Notifications and Communications from Our Site/Opt-Out Rights.” 

Because this Privacy Policy contains legal obligations we encourage you to review this Privacy Policy carefully.  If you have any questions concerning this Privacy Policy or our information collection, storage and disclosure practices, please contact us at privacy@novakart.com or mail us at Jonathan Novak Contemporary Art, 1880 Century Park East, Suite 100, Los Angeles, California 90067.

Information We Collect

“Personal Data” is information that may be used to directly or indirectly identify you, including your name, e-mail address, physical address, phone number or other information about you.  Most of the Personal Data we collect is contact information about yourself, including e-mail address, telephone number, physical address or other information you provide to us.  You may provide such information online, through e-mail communications with us, when you visit our gallery, attend an art fair or an event, connect with us through social media, subscribe to our newsletter, or otherwise use our Services.   We may combine the Personal Data that we obtain about you from these sources.

We collect Personal Data about you to (i) facilitate purchases; (ii) provide information to you regarding the Services we provide, including art work that we have for sale and events (such as art fairs); (iii) provide answers to your inquiries or questions; and (iv) maintain regular communication with you as may be necessary to inform you of offers, updates and other information regarding Jonathan Novak and its Services.

Social Networks

If you choose to connect to our Sites through a third-party social network such as Facebook, Twitter, Instagram, Artsy, Artnet and other networks (each, a “Social Network”), we may collect Personal Data from your profile on such Social Network, such as your name, user name, and e-mail address.  In addition, our Sites offer features that will allow you to share information from our Sites to a Social Network or share information from our Social Network sites.  If you decide to use such features, they may allow the sharing and collection of information both to and from such Social Network so you should check the privacy policy of each Social Network before using such features.

Non-Identifiable Data and Aggregated Personal Data

Regardless of whether you register for an account or submit information to us, Jonathan Novak and third parties performing services for us also collect un-identifiable or aggregated Personal Data pertaining to your Site visits that help us maintain the appropriate features, functionality and user experience. 

We may send one or more “cookies” to your computer.  Cookies are small text files placed on your web browser when you visit our Site that store information on your computer, such as your Site preferences.  We use cookies when you sign in to keep track of your personal session.  We also use cookies to track your activity on the Site as a unique person.  For security purposes, all this information is stored in encrypted form.

You can set your web browser to inform you when cookies are set, or to prevent cookies from being set altogether.  Please note, however, that if you decline to use cookies, you may experience reduced functionality and slower site response times.

Jonathan Novak or our service providers may also collect web surfing data related to your use of the Site.  Such information may include: your Internet Protocol (IP) address, browser type, and internet service provider (ISP); your operating system; which of our web pages you access and how frequently you access them; referral or exit pages; click stream data; and the dates and times that you visit the Site.  This data may be collected using cookies, web beacons, page tags or similar tools.  As with cookies, the web surfing information is anonymous, “click stream” transactional data that is not associated with any users as individuals.

Web surfing data and similar information may be aggregated for administrative purposes.  Jonathan Novak may, for example, use this aggregated information in the administration of the Site to improve its usability and to evaluate the success of particular marketing and advertising campaigns, search engine optimization strategies, operation and effectiveness of pages on our website, and other marketing activities.  We also use it to help optimize the Site based on the needs of our users.

How and When Your Information Is Shared With Other Parties

Jonathan Novak does not sell, trade or license Personal Data about its users or customers for marketing purposes.  We do, however, work with a number of trusted partners who perform vital functions as part of our operations, including managing customer support services, facilitating marketing communications by e-mail and post, and other functions.   We do not share your Personal Data unless it is necessary to fulfill our responsibilities, including providing information or Services to you. 

Additional Sharing of Information

We may engage third parties to help us carry out certain other internal functions such as account processing, client services, or other data collection relevant to our business.  Personal Data is shared with these third parties only to the extent necessary for us to process the transactions you initiate or perform other specific Services.

We may share your Personal Data with law enforcement or other government agencies as required by law or for the purposes of limiting fraud. We reserve the right to disclose your Personal Data when we believe that disclosure is necessary to protect our rights or to comply with a judicial proceeding, court order or legal process. We further reserve the right to disclose any of your Personal Data that we believe, in good faith, appropriate or necessary to take precautions against liability, to investigate and defend against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Site or our Services, or to protect the rights, property or personal safety of Jonathan Novak, its users, customers, or others.

We will not share your Personal Data if such sharing is prohibited by applicable privacy and data protection law, including, without limitation, the EEA’s General Data Protection Regulation effective May 25, 2018.

Rights of EEA Residents

This section of the Privacy Policy is applicable to residents of the European Economic Area (“EEA”).  The EEA consists of the member states of the European Union, i.e., Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom, and Iceland, Liechtenstein, and Norway. This section also applies to residents of Switzerland and, in the event of its departure from the EU, residents of the United Kingdom.   Residents of the EEA and Switzerland are referred to here as “EEA Residents.”

From May 25, 2018, all processing of Personal Data of EEA Residents is performed by us in accordance with the General Data Protection Regulation (2016/679) of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons regarding the processing of Personal Data and on the free movement of such data (“GDPR”).

Under the GDPR, we are both the controller and a co-processor of the Personal Data of EEA Residents.  Our purpose for collecting and processing Personal Data from EEA Residents is to authenticate subscription to our mailing lists, to provide marketing information about our Services, including purchases of our artworks, and to facilitate sales of our artworks and our Services through a contract between you and us.  The legal basis for collecting Personal Data is to fulfill these purposes, including contracts between us and those who purchase artworks or use our Services.  We also rely on your consent to use our Services, including purchases and receiving communications regarding us, exhibitions, events and featured artworks.    

We will not share the Personal Data that we obtain from you with third parties except as described above regarding Personal Data.  

If you are a resident of the EEA or it is otherwise permitted by applicable law and you wish to access or correct, amend, or delete the Personal Data that we have about you where it is inaccurate or have any questions relating to the processing of your Personal Data, please contact us at privacy@novakart.com  with the subject line “GDPR Data.”  Please include your full name, email address associated with your account, and a detailed description of your data request.

For information regarding your opt-out rights to communications from us please see the section below regarding “Notifications and Communications from Our Website/Opt-Out Rights.” 

International Data Transfers

If you are resident outside the United States, including in the EEA, we transfer Personal Data provided by you for processing in the United States.  Under the GDPR, Jonathan Novak is considered a “controller” and a “co-processor” of the Personal Data of EEA Residents.  By providing Personal Data to Jonathan Novak for the purpose of obtaining information about our upcoming exhibitions, events and featured artworks or in conjunction in the purchase of artworks from us, you consent to the processing of such data in the United States.  The transfer of your Personal Data to the United States is necessary for the performance of a contract between you and Jonathan Novak for obtaining Services, including purchasing artworks. 

Please note that the United States does not have data protection laws equivalent to those in the EEA and other jurisdictions. 

Notifications and Communications from Our Website/Opt-Out Rights

Communications Regarding Our Services

We will send you email notifications from time to time.  Some notifications are marketing communications relating to us or our Services, upcoming events and featured artworks.  You may always withdraw your consent for obtaining marketing communications by following the “Unsubscribe” link provided on the bottom of an email or contacting us at privacy@novakart.com.  

Legal or Security Communications

We also send out notices that are required for legal or security purposes.  For example, certain notifications are sent for your own protection.  In other cases, these notifications involve changes to various legal agreements or Website policies.  Generally, you may not opt out of such emails.

Account and Order Communications

When you purchase artworks from us or use our Services you may provide or we may access your Personal Data.  We may also send you communications regarding our Services.   If you make a purchase from us or use our Services we may send you confirmations of the purchase and updates as to the status of the purchase.  Generally, you may not opt out of such emails.

Other Communications

We may also send you responses to emails you send us, if appropriate.

If you have any questions regarding your opt-out rights, please contact us at privacy@novakart.com.   

Personal Data Retention 

We retain the Personal Data we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

Links to Other Sites

If you follow any links that direct you away from the Site, including links to social media sites or to sites for payment options, among others, this Privacy Policy will not apply to your activity on the other Sites you visit. We do not control the privacy policies or the privacy practices of any third parties.

Security Policy

We limit access to the Personal Data we have about you to those employees who have a legitimate business need to access such information.  We take commercially reasonable steps to protect our customers’ Personal Data against unauthorized disclosure or loss.  However, no data transmission over the Internet can be guaranteed to be 100% secure.  Therefore, while we strive to protect user information we cannot ensure or warrant the security of any information you transmit to us or from the Site.  You engage in such transmissions at your risk.

If you believe your Personal Data is being improperly used by us or any third party, please immediately notify us via email at privacy@novakart.com.   

Children Under 13

This Site is restricted to the use of adults over the age of majority in their place of residence.  No portion of the Site is directed to children under the age of 13.  Consequently, we do not knowingly collect personal identifying information from any person we know is a child under the age of 13.

Your California Privacy Rights

Under certain circumstances, California Civil Code Section 1798.83 states that, upon receipt of a request by a California customer, a business may be required to provide detailed information regarding how that business has shared that customer’s Personal Data with third parties for direct marketing purposes. However, the foregoing does not apply to businesses like ours that do not disclose Personal Data to third parties for direct marketing purposes without prior approval or give customers a free mechanism to opt out of having their Personal Data disclosed to third parties for their direct marketing purposes.

Do Not Track Disclosures

 “Do Not Track” (DNT) is a privacy preference that users can set in certain web browsers for users to inform Websites and services that they do not want certain information about their webpage visits collected over time and across Websites or online services.  Our Website does not recognize browser “Do Not Track” signals.

Your Rights and Obligations

We ask that you keep the Personal Data that you provide to us current and that you correct any information you have provided us by contacting us at privacy@novakart.com.   You represent and warrant that all Personal Data you provide us is true and correct and relates to you and not to any other person.

If you use the Site, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your account.