Updated July 1, 2018.
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.
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.
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.
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
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 firstname.lastname@example.org 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 email@example.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.
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 firstname.lastname@example.org.
Personal Data Retention
Links to Other Sites
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 email@example.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 firstname.lastname@example.org. 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.