15, FEBRUARY, 2023
1. INTRODUCTION AND GENERAL TERMS
HARMER GALLERY is registered under (“Harmer Gallery Ltd”, “ we”, “ us” or “ our” in this policy), forms part of a commercial gallery representing artists worldwide, and operating in uk (“ Services”).
Harmer Gallery 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 you supply through these Services is processed, we are the “data controller” for the Data Protection Act, 2012 (Act 843)
This policy explains the following:
• What information Harmer Gallery may collect about you;
• How Harmer Gallery will use information we collect about you;
• Whether Harmer Gallery 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 to 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 HARMER GALLERY COLLECT ABOUT ME?
We collect and process the following information which may include your Personal Data.
How we collect your personal information:
• when you provide it to us when you purchase any art work
• when you visit us at an art fair
• when you visit our website
• when you otherwise interact with us
• (for our suppliers) when you provide services to us
• when you sign a guest book at an event organised by us or another organisation where we provide a service
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 or contacting us with enquiries. Such information can include:
1. Identity and contact data: including
Other Registration Information
Customer Support or Technical Information you provide when you contact us with questions about your use of the Services
Details of transactions you carry out through the Services, your purchases, and the fulfilment of orders we provide to you
Other information you may provide to us through promotions or surveys
2. 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/debit 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 or information to check your identity and prevent fraud or other illegal activities.
3. DATA SHARING
4. HOW WE WILL USE INFORMATION WE COLLECT ABOUT YOU AND WHO WILL WE SHARE IT WITH
We’ll only use your data for the reasons you provided it in the first place. This could be use when you order an item or to respond to a query you raised with our Customer Services Team. 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
• 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;
We may analyse certain types of information that you submit to us for the legitimate interest of improving the Services we offer to you and to provide you with a bespoke, tailored service and art advisory and consultancy service, 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 Service under the contract between you and Harmer Gallery Ltd, including processing payments and delivering artwork to you in accordance with your instructions. Only used for the purposes that you shared it with us for.. 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, (a certified platform), who will store, collect and process your payment details over SSL (Secure Sockets Layer). When using online payment softwares, our servers will not have access to your sensitive payment details. We won’t sell your data to third parties.
Except as expressly set out in this policy we will not share your personal information with third parties unless we have your permission or are required by law to do so.
• law enforcement agencies, other governmental agencies or third parties if we are required by law to do so
• our professional advisers
• 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
Providing the Services and acting for you as an artist or prospective artist
We may legally use and retain Personal Information that we collect about you for the legitimate interest of providing a bespoke artist consultancy and 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; and
• Providing you with information and updates about our Services and upcoming exhibitions.
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.
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 or law authority about the content.
If you are one of our clients or have otherwise agreed to be contacted for marketing. We use various forms of marketing to provide you with promotional materials about our Services such as events, art fairs and works of art. 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 to process these marketing emails.
If you would like to be removed from this mailing list, please contact us at email@example.com or click on ‘unsubscribe’ located on each marketing email or by pressing the unsubscribe button at the bottom of most emails.
To understand how our Services are used, we process cookies to understand how visitors use our website and to compile reports on website activity. This processing is necessary for us to pursue our interest in improving our website, and providing a more relevant service to our customers.
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 two weeks at the latest.
You have the right to request a copy of the personal information we hold about you and to have any inaccuracies corrected.
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:
• Harmer Gallery no longer needs to process that Personal Data for the reason it was collected;
• the Personal Data was unlawfully processed;
• you need the Personal Data to be deleted in order to comply with a legal obligations;
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 a fully tailored, bespoke service.
Make a complaint
• If you are unhappy with the way Harmer Gallery 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 the Data Protection Commission.
6. DATA RETENTION
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 database.
We will take all reasonable technical and organisational precautions to prevent the loss misuse or alteration of your personal information.
Please be aware that, although we endeavour to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
We may notify you of any changes to this policy by email, notice on the website or account message.